V 


BANCROFT 

LIBRARY 

LAWS 


OF 


THE  UNITED  STATES 


OF  A 


LOCAL  OR  TEMPORARY  CHARACTER, 


AND 


EXHIBITING  THE  ENTIRE  LEGISLATION  OF  CONGRESS  UPON 

WHICH  THE  PUBLIC  LAND  TITLES  IN  EACH  STATE 

AND  TERRITORY  HAVE  DEPENDED. 

December  1,  188O. 

EMBRACING,  ALSO,  A  DIGEST  OF  ALL  INDIAN  TREATIES  AFFECTING  THE 
TITLES  TO  PUBLIC  LANDS ;   AN  ABSTRACT  OF  THE  AUTHORITY  FOR, 
AND  THE  BOUNDARIES  OF,  THE  EXISTING  MILITARY  RESERVA- 
TIONS;   AND    A   TABLE    OF   JUDICIAL    AND    EXECUTIVE 
DECISIONS    AFFECTING    THE    VARIOUS    SUBJECTS 
ARISING  UNDER  THE  PUBLIC  LAND  SYSTEM. 


VOLUME  I. 


Prepared  pursuant  to  the  authority  of  an  act  of  Congress  and  under  the  direction  of  the  "Commission 
on  the  Codification  of  existing  laws  relating  to  the  survey  and  disposition  of  the  puhlic  domain." 


WASHINGTON: 

GOVERNMENT   PRINTING  OFFICE. 
1880. 


/« 

y    \ 


CHAMPION  «CCESSI« 

PREFACE. 


This  work  was  prepared  by  the  Codification  Committee  of  the  Public 
Land  Commission,  which  was  created  by  an  act  of  Congress  approved 
March  3, 1879  (Statutes  at  Large,  vol.  20,  p.  394),  and  continued  by  an 
act  of  Congress  approved  June  16,  1880  (Statutes  at  Large,  vol.  21,  p. 
245). 

It  contains  in  chronological  order,  in  each  State  and  Territory  con- 
nected at  any  time  with  the  public  land  system,  the  entire  legislation 
of  Congress  of  a  local  or  temporary  character,  and  upon  which  the  land 
titles  of  such  State  or  Territory  have  depended. 

For  convenient  use  the  work  has  been  published  in  two  volumes.  A 
series  of  consecutive  numbers  has  been  prefixed  to  the  laws  through 
both  volumes ;  and  by  proper  notation  of  such  numbers  in  foot  notes, 
each  act  is  connected  with  all  other  acts  upon  the  same  subject.  Where 
the  same  legislation  runs  equally  through  more  than  one  State  or  Terri- 
tory it  is  published  complete  in  one,  and  appropriate  references  are 
made  in  the  other. 

It  contains,  also,  a  digest  of  all  Indian  Treaties  affecting  the  titles  to 
public  lands  ;  a  list  of  all  existing  military  reservations,  with  the  author- 
ity  therefor  and  the  boundaries  thereof  j  and  a  copious  citation  of  cases, 
wherein,  by  subject-matter,  the  leading  decisions  of  the  Federal  and  the 
State  courts  and  of  the  United  States  executive  officers  upon  public  land 
questions  may  be  readily  referred  to. 

The  existing  legislation  of  a  general  and  permanent  character  has 
been  omitted  from  this  book.  The  same  appears  in  another  volume, 
wherein  a  codification  of  such  legislation  is  furnished  as  it  exists  on  the 
1st  of  December,  1880. 

iii 


CONTENTS. 


Page. 

I.  CITATION  OF  JUDICIAL  AND  EXECUTIVE  DECISIONS vii-lxiii 

II.  ACTS  OF  CONGRESS  LOCAL  OR  TEMPORARY  IN  THEIR  NATURE: 

ALABAMA 595 

ARIZONA  TERRITORY 979 

ARKANSAS 488 

CALIFORNIA 1019 

COLORADO 952 

DAKOTA  TERRITORY 826 

FLORIDA 655 

IDAHO  TERRITORY 846 

ILLINOIS 144 

INDIANA >  96 

INDIAN  TERRITORY 702 

IOWA 747 

KANSAS 849 

LOUISIANA 295 

MICHIGAN 187 

MINNESOTA 782 

MISSISSIPPI 526 

MISSOURI 409 

MONTANA  TERRITORY 841 

NEBRASKA 897 

NEVADA 1081 

NEW  MEXICO  TERRITORY 940 

OHIO 1 

OREGON 983 

TENNESSEE 1091 

TEXAS 1099 

UTAH  TERRITORY 971 

WASHINGTON  TERRITORY • 1008 

WISCONSIN 249 

WYOMING  TERRITORY 835 

III.  MISCELLANEOUS  ACTS 1102 

IV.  MILITARY  RESERVATIONS  1171 

V.  DIGEST  OF  INDIAN  TREATIES 1185 

VI.  INDEX..  


CITATION 


JUDICIAL  AND  EXECUTIVE  DECISIONS 


Upon  the  various  subjects  connected  with,  and  springing  from,  the  public  land  system. 


ABANDONMENT— 

When  authorized  : 

Taylor's  lessee  v.  Myers,  9  Wheat.  23. 
Com'r  G.  L.  O.,  circular.  Feb.  26. 1867,  Zab. 

L.  L.  400. 
What  constitutes  : 

United  States  v.  Simon,  12  How.  433. 

Fuentes  v.  United  States,  22  How.  443. 

Hall  v.  Russell,  11  Otto,  503. 

Page  v.  Scheible,  11  Mo.  109. 

Landers  v.  Perkins,  12  Mo.  238. 

Barado  v.  Blumentbal,  20  Mo.  162. 

Tayon  v.  Laden,  33  Mo.  205. 

Clark  v.  Hammerle,  36  Mo.  620. 

Atchison  v.  Peterson,  1  Montana,  561. 

Plume  v.  Seward,  4  Cal.  94. 

Davis  v.  Butler,  6  Cal.  510. 

Stephens  v.  Mansfield,  11  Cal.  363. 

Waring  v.  Crow,  11  Cal.  366. 

Gluckauf  v.  Heed.  22  Cal.  468. 

Richardson  v.  McNulty,  24  Cal.  339. 

St.  John  v.  Kidd,  26  Cal.  264. 

Depuy  v.  Williams,  26  Cal.  309. 

Davis  v.  Perley,  30  Cal.  630. 

Davis  v.  Gale,  32  Cal.  26. 

Bell  v.  The  Bed  Rock  Tunnel  and  Mg.  Co., 

36  Cal.  214. 

Judson  v.  Mallon,  40  Cal.  300. 
McLean  v.  Benton,  43  Cal.  467. 
Strang  v.  Byan,  46  Cal.  33. 
Stone  v.  The  G-eyser  Q.  M.  Co.,  52  CaL  315. 
Mallett  v.  Uncle  Sam  Mg.  Co..  1  Nev.  188. 
Weill  v.  Lucerne  Mg.  Co.,  11  Nev.  200. 
Secretary   Interior,    Dungan    v.  Griflen's 

heirs,  April  18,  1872.  Copp's  L.  L.  254. 
Secretary  Interior,  Seay  v.  Shelleto,  Dec. 

10,  1872,  Copp's  L.  L.258. 
Secretary  Interior,  Dorame  v.  Towers,  Dec. 

4,  1875,  2  Copp's  L.  O.  131. 
Secretary  Interior,  Smith  et  al.  v.  Vanclief 

et  al.,  March  4,  1879,  6  Copp's  L.  O.  2. 
Effect  of: 

Minter  v.  Crommelin,  18  How.  87. 

Wilcoon  v.  Rogers,  16  La.  6. 

Wynu  v.  Morris,  16  Ark.  414. 

Fine  v.  St  Louis,  23  Mo.  520. 

Atkins  v.  Hendrie,  1  Idaho,  107. 

Murley  v.  Ennis,  a  Colo.  300. 

Davis  "v.  Butler,  6  Cal.  510. 

Ferris  v.  Craver,  10  Cal.  589. 

Merritt  v.  Judd,  14  Cal.  60. 

Gluckauf  v.  Reed,  22  Cal.  468. 

Davis  v.  Gale,  32  Cal.  26. 

Lechler  v.  Chapin,  12  Nev.  65. 

Secretary  Interior,  ex  parte  Winslow  et  al., 

April  24.  1856,  1  Lester,  351. 
Secretary  Interior,  Boyd  v.  B.  &  M.  R.  R.  R., 

April  28,  1871,  Copp's  L.  L.  392. 
Secretary  Interior,  ex  parte  Hays,  May  8, 

1876,  3  Copp's  L.  O.  21. 


ABANDONMENT— Continued. 
E/ectof: 

Secretary  Interior,  Ayers  et  al.  v.  Daly  et 

al.,  Jan.  3,  1877,  3  Copp's  L.  O.  196. 
Secretary  Interior,  Empire  Mg.Co.  et  al.  v. 

Bullion  Mg.  Co.  et  al.,  May  22,  1878,  5 

Copp's  L.  O.  50. 

Secretary  Interior,  France  et  al.  v.  Harring- 
ton, June  29,  1878,  5  Copp's  L.  O.  66. 
Com'r  G.  L.  O.,  Mette  v.  State  of  California, 

Oct.  18, 1678, 5  Copp's  L.  O.  164. 
ALIENS— 

Fairfax's  devisee  v.  Hunter's  devisee,  7 

Cranch,  603. 

Craig  et  al.  v.  Bradford,  3  Wheat.  594. 
Governeur's  heirs  v.  Robertson,  11  Wheat. 

332. 

Board  ».  Rowan,  9  Pet.  301. 
Cross  v.  DeValle,  1  Wall.  1. 
United  States  v.  Repentigny,  5  Wall  211. 
Osterman  v.  Baldwin,  6  Wall.  116. 
Phillips  et  al.  v.  Moore,  10  Otto,  208. 
Hammekin  v.  Clayton,  2  Woods,  C.  C.  336. 
Etheridge   v.  Doe  ex  dem.  Malesspie,  18 

Ala.  565. 

Wynn  v.  Morris,  16  Ark.  414. 
People  v.  Folsom,  5  Cal.  373. 
Mitchell  v.  Hargood,  6  Cal.  148. 
Merle  v.  Mathews,  26  Cal.  456. 
Burrell  v.  Haw,  48  Cal.  223. 
Golden  Fleece   Co.  v.  The  Cable  Co.,  12 

Nev.  312. 

Courtney  v.  Turner,  12  Nev.  345. 
Blakesly  v.  Cay  wood,  4  Oreg.  279. 
Territory  of  Montana  v.  Lee,  2  Montana, 

124. 
3  Op.  Att.  Gen.  90 ;  5  id.  551 ;  7  id.  351 ;  Aug. 

6, 1875. 
Secretary  Interior,  Galena  Mg.  Co.  v.  Hus- 

sey  et  al.,  Jan.  2,  1875, 1  Copp's  L.  0. 178. 
Secretary  Interior,  ex  parte  Mooney  etal, 

July  29,  1876,  3  Copp's  L.  0. 68. 
Secretary  Interior,  Lawless  v.  Anderson, 

March  8, 1877,  4  Copp's  L.  O.  52. 
Secretary  Interior,  Dallas  v.  White,  July 

25, 1878,  5  Copp's  L.  O.  82. 
Secretary  Interior,  Marleyhan  v.  C.  &  O.  R. 

R.,  Feb.  13. 1878,  7  Copp's  L.  O.  67. 
Com'r  G.  L.  O.,  circular,  Nov.  7, 1871,  Copp's 

L.  L.  405. 
Com'r  G.  L.  O.,  ex  parte  B.  N.  Sanford  et  al., 

Sept.  7, 1874, 1  Copp's  L.  O.  98. 
Com'r  G.  L.  O.,  McBean  v.  Owen  et  al.,  Oct. 

14, 1874, 1  Copp's  L.  0. 130. 
Com'r  G.  L.  O.,  Dougherty  v.  C.  &  O.  R.  R. 

Co.,  Sept.  14, 1874, 1  Copp's  L.  0. 140. 
Com'r  G.  L.  O.,  ex  parte  Sprenger,  March 

28, 1873,  2  Copp's  L.  O.  57. 
Com'r  G.  L.  O.,  Beckner  v.  Coates,  April  24, 

1876, 3  Copp's  L.  0. 18. 


vm 


CITATION    OF    DECISIONS. 


ALIENS — Continued. 

Com'r  G.  L.  O.,  exparte  Wood  et  al.,  July 

18, 1876,  3  Copp's  L.  O.  €9. 
Com'r  G.  L.  O.,  ex  parte  Seely,  April  20, 

1877,  4  Copp's  L.  O.  4L 
Com'r  (Jr.  L.  O.,  ex  parte  Hay,  Aug.  1-.  1-77. 

4  Copp's  L.  0. 107. 
Com'r  O.  L.  O..  ex  parte  Hill,  Jan.  29, 1879, 5 

Copp's  L.  0. 179. 
Com  r  G.  L.  O.,  Gower  r.  S.  P.  R.  R.,  April 

4,  1679,  G  Copp's  L.  O.  1-24. 
Com'r  G.  L.  O.,  ex  parte  Lindenmeir,  June 

2J.  Ie70,  7  Copp's  L.  0. 25. 
ASSIGNMENT— 

Certificate*  of  deposit  : 

Com'r  G.  i-.  O.,  ex  parte  Baca,  Sept  10, 1874, 

Copp'a  L.  L.  700. 
Com'r  G.  L.  O.,  exparte  Wright,  Dec.  4, 1875, 

2  Copp's  L.  0. 151. 
Com'r  G.  L.  O.,  circular,  June  27,  1879,  6 

Copp's  L.  O.  77. 
Com'r  G.  L.  O.,  circular,  March  5, 1680,  7 

Copp's  L.  0. 7. 
Coal  land  entry: 

Com'r  G.  L.  O.,  circular,  April  15,  1873, 

Copp's  L.  L.  667. 
Desert  land  entry : 

Secretary  Interior,  instructions,  April  15, 

1880,  7  Copp's  L.  O.  26 
Com'r  G.  L.  O.,  Oct.  1, 1878. 
Donation  : 

Co  wen  v.  Kutsworth,  21  Ark.  9. 
Foreign  grant  : 

Bissell  v.  Penrose.  8  How.  317. 

United  States  v.  Grimes,  2  Black,  610. 

Hogan  v.  Page,  2  Wall.  605. 

NoulJen  v.  1'erkins,  3  Rob.  (La.)  233. 

Jenkins  v.  Noel,  3  Stewart  (Ala.)  60. 

Papin  v.  Massey.  27  Mo.  445. 

2  L.  I.  &  O.  710/740,  741. 

Secretary  Treasury,  instructions,  Oct.  25, 

1808,  2  L.  I.  (fcO.696. 
Secretary  Interior,  ex  parte  Lynde,  Aug. 

4,  1B75,  Copp's  L.  L.  796. 
Secretary  Interior,  ex  parte  Wendler,  Jan. 

15,  1877,  3  Copp's  L.  O.  105. 
Com'r  G.  L.  O.,  ex  parte  Valentine,  June  17, 

1874,  Copp's  L.  L.  806. 
Com'r  G.  L.  O.,  circular,  Sept  15,  1875,  2 

Copp's  L.  0. 102. 
Com'r  G.  L.  O.,  exparteWherrey  et  al.,  May 

1, 1676,  3  Copp's  L.O.  133. 
Com'r  G.  L.  O.,  circular,  Feb.  13,  1879,  5 

Copp's  L.  0. 181. 
Com'r  G.  L.  O.,  instructions,  June  22,  1880, 

7  Copp's  L.  0. 57. 
O-raduation  entry  : 

Com'r  G.  L.  O.,  ex  parte  Hannah,  Oct.  13, 

1875. 
Homesteads  : 

Watson  v.  Torhees,  14  Kans.  328. 

Dawson  v.  Menille,  2  Neb.  119. 

Cheney  v.  White,  5  Neb.  261. 

Jones  v.  Yackman,  7  Neb.  419. 

Kirkaldie  v.  Larrabee,  31  Cal.  456. 

Com'r  G.  L.    O.,  circular,  April  4,  1877,  3 

Copp's  L.  0. 23 ;  4  id.  35. 
Com'r  G.  L.  O.,  ex  parte  Kissack,  Feb.  19, 

18SO,  6  Copp's  L.  O.  Ie9. 
Indian  scrip : 

Dole  v.  Wilson,  20  Minn.  356. 
Cunningham  v.  Ashley,  12  Ark.  296. 
Land  warrants: 

Lewis  r.  Baird,  3  McLean,  C.C.  56. 

Me  Arthur  r.  Gallop,  7  Ohio,  412. 

Duke  v.  Thompson,  16  Ohio,  34. 

Mock  ».  Brammer,  28  Ohio  St  508. 

Dyke  v.  McVey,  16  Ills.  41. 

Nichols  v.  Nichols,  3  Pinney  (Wis.)  174. 

Stephenson  v.  Wilson,  37  Wis.  462. 

Johnson  v.  Gilfillan,  8  Minn.  395. 

Fort  F.  Wilson,  3  Iowa.  153. 

Dnpee  v.  McCright,  6  La,  Ann.  146. 

1  Op.  Att.  Gen.  326;  2  id.  26,  56,  276,  365  :  7 

id.  657. 
Secretary  Interior,  ex  parte  Smith,  April 

12,  Ifc55, 1  Lester,  614. 
Secretary  Interior,  instructions,   May   21, 

1856,  1'Lester,  616. 


ASSIGNMENT— Continued. 
Land  warrants : 

Secretary  Interior,  instructions,  Aug.  10, 
1656,  l"  Lester,  619. 

Secretary    Interior,    ex   parte  Woodman, 
March  25, 1«59,  1  Lester,  6^0. 

Secretary  Interior,  Aug.  27,  1861,  Zab.  L.  L. 
363. 

Secretary  Interior,  ex  parte  Widdecombe, 
Sept.  30, 1878, 1  Copp's  L.  0. 127. 

Com'r  G.  L,  O.,  circular,  Juno  C,  1674,  1  Les- 
ter, 576. 

'     Com'r  G.  L.  O.,  circular,  March  23, 1652, 1 
Lester,  585. 

Com'r  G.  L.  O.,  circular,  April  2, 1852, 1  Les- 
ter, 5r9. 

Com'r  G.  L.  O.,  circular,  Oct  14,  1852, 1  Les- 
ter, 591. 

Com'r  G.  L.  O.,  circular,  May  3, 1855, 1  Lea- 
ter,  598. 

Com'r  G.  L.  O.,  circular,  Nov.  1. 1858, 1  Les- 
ter, 607. 

Com'r  G.  L.  O.,  instructions,  Oct  17,  1853, 
Zab.  L.  L.  332. 

Com'r  G.  L.  O.,  instructions,  May  3,  1855, 
Zab.  L.  L.  343. 

Corn'rG.  L.  O.,  circular,  July 20, 1875,  Copp's 
L.L.727. 

Com'r  G.  L.  O.,  circular,  July  20, 1875,  Copp's 

L.  L.  742. 
Patent: 

McArthur  v.  Phosbus,  2  Ohio,  416. 

Reeder  v.  Barr,  4  Ohio,  449. 

Wallace  v.  Minnis,  7  Ohio,  249. 

Smith  v.  Stark,  7  Ohio,  551. 

Bromer  v.  Ware,  10  Ohio,  465. 

Bell  v.  Duncan,  11  Ohio,  192. 

V  aters  v.  Bush,  42  Iowa,  255. 

Hellam  v.  Minor,  12  La.  Ann.  124. 

Thomas  v.  Wyatt,  31  Mo.  188. 

Allen  v.  King*  34  Mo.  216. 

1  Op.  Att  Gen.  191 ;  2  id.  276. 

Secretary  Treasury,  instructions,  Dec.  6, 
1802,  2  L.  I.  &  O.  231. 

Secretary  Interior,  instructions,  Aug.  30, 
1855,  rLester,  351. 

Secretary  Interior,  Whitaker  v.  S.  P.  R.  R. 

July  27. 1880,  7  Copp's  L.  O.  £5. 
Possessory  claim  : 

Hall  v.  Russell,  11  Otto,  503. 


Spry  v.  Sleppy,  15  Iowa,  409. 
Pelham  p.  Wi 


'ilson,  4  Ark.  289. 
Houseman  ».  Chase,  12  Cal.  290. 
McGarrity  v.  Byington,  12  Cal.  431. 
Pre-emption : 

Marks  v.  Dickson,  20  How.  501. 
Myers  v.  Croft,  13  Wall.i291. 
Kellam  v.  Easby,  1  Dillon,  C.  C.  281. 
Carr  t>.  Allison,  5  Blackf.  (Ind.)  63. 
Doe  v.  Hayes,  1  Ind.  247. 
Riggs  v.  Cook,  8  Ills.  3:J6. 
Delauney  v.  Burnett,  9  His.  454. 
Morehouse  v.  Phelps,  18  Ills.  472. 
Bobbins  v.  Bunn,  54  Ills.  48. 
Dillingham  v.  Fisher,  5  Wis.  475. 
Spaldmg  v.  Wood,  8  Wis.  195. 
Camp  v.  Smith,  2  Minn.  155. 
The  St.  Peter's  Co.  v.  Bunker,  5  Minn.  192. 
Evans  v.  Fulsom,  5  Minn.  422. 
Bruggerman  v.  Peter,  7  Minn.  337. 
Randall  v.  Edert,  7  Minn.  450. 
McCue  v.  Smith,  9  Minn.  252. 
Ferguson  v.  Kumler.  II  Minn.  104. 
Woodbury  v.  Dorman,  15  Minn.  338. 
Jones  v.  Taniter,  15  Minn.  512. 
Marshall  v.  Bush,  Morris  (Iowa),  275. 
Cullen  v.  Riley,  7  Iowa,  517. 
Strong  v.  Rachal,  16  La.  232. 
Marks  v.  Dickson,  10  La.  Ann.  597. 
Richardson  v.  Enswiller,  14  JA.  Ann.  658. 
McElyea  v.  Hayter,  2  Porter  (Ala.)  148. 
Cnrdoff  v.  Onus,  7  Porter  (Ala.)  58. 
Mann  v.  Brisen  et  al.,  4  Ala.  731. 
Hudson  v.  Milner,  12  Ala.  667. 
Tempson  r.  Martin,  13  Ala.  21. 
Paulding  v.  Grimby,  10  Mo.  135. 
Bray  v.  Roysdale,  53  Mo.  170. 
McKean  v.  Crawford,  6  Kans.  112. 
McKean  v.  Massey,  6  Kans.  122. 


CITATION    OF    DECISIONS. 


IX 


ASSIGNMENT—  Continued. 
Pre  emption : 

Stout  v.  Hyatt,  13  Kans.  232. 

Towsley  v.  Johnson,  1  Neb.  95. 

Franklin  v.  Kelly.  2  Neb.  79. 

Tartar  v.  Hall,  3  Cal.  2C3. 

"Whitney  v.  Buckmun,  13  Cal.  536. 

Quinn  v.  Kenyon,  38  Cal.  499. 

Kenyon  v.  Quinn,  41  Cal.  325. 

Moore  v.  Berse,  43  Cal.  51 1. 

McDonald  t>.  Edmunds,  44  Cal.  328. 

Thurston  v.  Alva,  45  Cal.  16. 

Hudson  v.  Johnson,  45  Cal.  21. 

Hurton  v.  Walker,  47  Cal.  484. 

Bull  v.  Shaw.  48  Cal.  -155. 

Douglass  v.  Gould,  52  Cal.  656. 

Rose  v.  Treadway.  4  Ncv.  455. 

Tread  way  v.  Wilder,  8  Nev.  91. 

3  Op.  Att,  Gen.  91. 

Secretary  Interior,  Patten  v.  Burwell.  Nov. 

29,  1855,  1  Lester,  384. 
Secretary  Interior,  Johnson  v.  Denny,  Sept. 

22, 1859, 1  Lester,  392. 
Secretary  Interior,  exparte  Huggins,  Dec. 

27, 1858,  1  Lester,  484. 
Secretary  Interior,  circular,  May  23,  1856, 

1  Lester,  607. 

Secretary  Interior,  May  21,  1856,  1  Lester, 

616. 
Secretary   Interior,    ex  parte   Woodman, 

March  25,  1859,  1  Lester,  620. 
Secretary  Interior,  Heusley  v.  Ayers,  April 

27,  1876,  3  Copp's  L.  O.  53. 
Secretary  Interior,  Wbitaker  v.  S.  P.  R.  R., 

July  27,  1880,  7  Copp's  L.  O.  85. 
Com'r  G.  L.  O.,  instructions,  March  9, 1835, 

2  L.  I.  &  O.  605. 

Com'r  G.  L.  O.,  instructions,  July  3,  1838, 

2  L.  I.  &  O.  1026. 
Com'r  G.  L.  O.,  instructions,  Sept.  28, 1842, 

1  Lester,  368. 

Com'r  G.  L.  O.,  circular,  Aug.  31,  1830,  1 

Lester,  667,  note. 
Private  entry : 

Cupps  v.  Irwin,  2  Blackf .  (Ind.)  183. 

Hawkins  v.  Johnson,  4  Blackf.  (Ind.)  21. 

Clark  v.  Hill,  19  Mich.  356. 

Warburton  v.  Maddox,  Morris  (Iowa),  367. 

Silliinau  v.  King,  36  Iowa.  207. 

Burdick  v.  Wentworth,  42  Iowa,  440. 

Goodlet  v.  Smithson,  5  Porter  (Ala.)  245. 

Wright  v.  Swann,  6  Porter  (Ala.)  84. 

Stone  v.  Young,  5  Kans.  229. 

Snow  v.  Ferrea,  45  Cal.  195. 
Purchasers  at  public  sale  : 

Secretary  Treasury,  exparte  Stewart  et  al, 
July  16,  18o3,  2  L.  I.  &  O.  233. 

Secretary  Treasury,  circular,  July  5,  1805, 

2  L.  I.  &  O.  257. 

Secretary  Treasury,  circular,  Jan.  13, 1808, 

2  L.  I.  &  0. 269. 
Secretary  Treasury,  circular,  May  5,  1821, 

2  L.  !.'&  O.  307. 
Secretary  Treasury,  circular,  May  25, 1831, 

2  L.  I.  &  O.  446. 
Secretary  Interior,  ex  parte  Pease,  July  24, 

1852,  1  Lester,  672. 
Secretary  Interior,  ex  parte  Wright,  June 

26,  1879,  6  Copp's  L.  O.  96. 
Secretary  Interior,  ex  parte  Benton,  June 

26, 1879,  6  Copp's  L.  O.  96. 
Com'r  G.  L.  O.,  instructions,  April  17, 1837, 

2  L.  I.  &  O.  647. 
Com'r  G.  L.  O.,  instructions,  Oct.  15,  1829, 

2  L.  I.  &  0.  740. 
School-land  warrants : 

Smith  v.  Minor,  5  Wis.  551. 
Bull  v.  Shepherd,  7  Wis.  449. 
Smith  v.  Clark,  7  Wis.  551. 
Whitney  v.  State  Bank,  7  Wis.  620. 
Mowry  v.  Wood,  12  Wis.  413. 
Dodge  v.  Silverthorn,  12  Wis.  644. 
Jarvis  v.  Dutcher,  16  Wis.  307. 
Scrip: 

Com'r  G.  L.  O.,  instructions,  June  21, 1834, 

2  L.  I.  &  O.  4<>6. 
BELLEVIEW,  CITY  OF— 

Com'r  G.  L.  O.,  instructions,  Aug.  9, 1836,  2 

L.  I.  &  O.  963. 


BELLEVIEW,  CITY  OF— Continued. 

Com'r  G.  L.  O  ,  instructions,  March  23,  1837, 

2  L.  I.  &  O.  977. 
BENICIA.  CITY  OF— 

Futher  v.  City  of  Benicia,  3f.  Cal.  562. 
Carroll  v.  City  of  Benicia,  40  Cal.  386. 
BISMARCK,  CITY  OF— 

Secretary  Interior,  Hackett  v.  City  of  Bis- 
marck', July  26, 1876. 
BONHOMME,  PIEI1RE- 

Claim  of:  2  Op.  Att.  Gen.  207. 
BRIDGES - 

United  States  v.  M.  &  St.  P.  R.  R.  Co.,  5  Bis- 

sell,  C.  C.  410. 

The  Clinton  Bridge,  1  Woolw.  C.  C.  150. 
BURLINGTON,  CITY  OF— 

Cook  v.  City  of  Burlington,  30  Iowa,  94. 
Com'r  G.  L.  O.,  instructions,  Aug.  9, 1836, 2 

L.  I.  &  O.  963. 
Com'r  G.  L.  O.,  instructions,  March  23, 1837, 

2  L.  I.  &  O.  977. 
CALIFORNIA— 

Confirmation  of  land  titles  in.  by  act  of  July  23, 

1866: 

Huff  v.  Doyle,  3  Otto,  558. 
Tolaud  v.  Mandell,  38  Cal.  371. 
Collins  v.  Bartlett,  44  Cal.  371. 
Foscalina  v.  Doyle,  47  Cal.  438. 
Buhne  v.  Chism,  48  Cal.  467. 
Chant  v.  Reynolds,  49  Cal.  213. 
Kaiser  v.  McLaughlin,  49  Cal.  449. 
Huff  t>.  Doyle,  50  Cal.  16. 
Thompson  v.  Thornton,  50  Cal.  142. 
Laugulin  v.  McGarvey,  50  Cal.  169. 
Sacramento  Savings  Bank  v.  Hyrns,  50  Cal. 

195. 

Sutton  v.  Fassett,  51  Cal.  12. 
Rutledge  v.  Murphy,  5L  Cal.  389. 
Wilkinson  v.  Merrill,  52  Cal.  424. 
Op.  Att.  Gen.,  March  4,  1878. 
Secretary  Interior,  States.  HaleefaJ.,  April 

8,  1872,  Copp's  L.  L  324. 
Secretary  Interior,  ex  parte  Brown,  April 

18,  1872,  Copp's  L.  L.  446. 
Secretary  Interior,  Dec.  5,  1871,  Copp's  L. 

L.  461. 
Secretary  Interior,  ex  parte  Buhne,  April 

21,  1873,  Copp's  L.  L.  465. 
Secretary  Interior,  Rank  o.  Luce,  June  22, 

1873,  Copp's  L.  L.  465. 
Secretary  Interior,  State  v.  Howard,  June 

4,  1872,  Copp's  L.  L.  467. 
Secretary  Interior,  Hyatt  v.  Smith,  Dec.  19, 

1872,  Copp's  L.  L.  469. 
Secretary  Interior,  Alexander  v.  C.  &  O. 

R.  R.,  April  13,  1872,  Copp's  L.  L.  469. 
Secretary  Interior,  ex  parte  White,  Aug. 

18,  1874,  Copp's  L.  L.  469. 
Secretary  Interior,  Bascoin  v.  Davis,  Sep- 
tember 19, 1873,Copp'sL.  L.  469 ;  1  Copp  s 

L  O.  52. 
Secretary  Interior,  Wilson  v.  C.  &  O.  R.  R  , 

Feb.  17,  1873,  Copp's  L.  L.  471. 
Secretary  Interior,  Dibble  ?>.  C.  &  O.  R.  R., 

Dec.  24,  1874,  Copp's  L.  L.  472, 
Secretary  Interior,  Davis  v.  McClay,  Dec. 

16,  1873,  1  Copp's  L.  O.  6. 
Secretary  Interior,  C.  P.  R.  R.  v.  State,  Dec. 

21,  1877,  4  Copp's  L.  0. 150. 
Secretary  Interior,  Wallace  v.  State,  Dec. 

28,  1877,  5  Copp's  L.  O.  22. 
Secretary  Interior,  Dal  las  v.  White,  July 

25,  1878,  5  Copp's  L.  O.  83. 

Secretary  Interior,  f.x  parte-  More's  heirs, 
July  25,  1878,  5  Copp's  L.  O.  67. 

Secretary  Interior,  ex  parte  Nichols,  Nov. 
1,  1878,  5  Copp's  L.  O.  151. 

Secretary  Interior,  ex  parte  State,  Dec.  12, 

1878,  6  Copp's  L.  O.  29. 

Secretary  Interior,  Kile  v.  Tubbs,  July  15, 

1879,  6' Copp's  L.  O.  108. 

Secretary  Interior,  Watson  v.  State,  Jan. 

28,  1880,  6  Copp's  L.  O.  193. 
Secretary  Interior,  Stater.  C.  P.  R.  R.,  Juno 

26,  1879,  7  Copp's  L.  O.  119. 

Secretary  Interior,   University  v.  White, 

Jan.  10,  1878. 
Secretary  Interior,  State  r.  Bell  &  Weeks, 

Jan.  4,  1872. 


CITATION    OF   DECISIONS. 


CALIFORNIA-  Continued. 

Confirmation  of  land  titles  in,  by  act  of  July  23, 

Coni'r  G.  L.  O.,  Wheeler  et  al.  v.  Cadotte, 

April  20,  1867,  Zab.  L.  L.  401. 
Com'r  G.  L.  O.,  instructions,  Sept.  13, 1866, 

Zab.  L.  L.  608. 
Com'r  G.  L.  O,  circular,   Sept  13,  1866, 

Coup's  L.  L.  450. 
ComV  G.  L.  O.,  circular,  March  18,  1870, 

Copp's  L.  L.  452. 
Com'r  G.  L.  O.,  State  v.  Townsend  et  aL, 

Nov.  1,  1875,  2  Copp's  L.  0. 116. 
Com'r  G.  L.  O.,  Zuck  v.  Brinson,  Dec.  29, 

1879,  6  Copp's  L.  0. 174. 
CANADIAN      REFUGEES      AND      VOLUN- 

TEERS- 
French  and  wife's  lessee  v.  Spencer,  21  How. 

228. 

1  Op.  Att.  Gen.,  326,  424 ;  2  id.  341 ;  2  L.  I.  & 

0.  160. 

Secretary    Treasury,   instructions,  March 

17,  1801,  2  L.  L  <fc  O.  223. 
Secretary  Treasury,  instructions,  March  17, 

1801, 2'L.  I.  &O.771. 
Com'r  G.  L.  O.,  instructions,  May  3, 1816, 2 

L.  I.  &  0. 2c9. 
Com'rG.  L.  O.,  circular,  Feb.  23,  1820,  2  L. 

1.  &O.301. 
CANAL  GRANTS— 

Dayton  and  Lake  Erie: 

Com'rG.  L.  O.,  instructions,  June  18, 1832,  2 
L.  I.  &  O.  463. 

Com'rG.  L.  O.,  instructions,  June  11, 1833, 2 

L.  I.  <fc  O.  477. 
Fox  and  Wisconsin  Rivers : 

Veeder  v.  Guffy,  3  Wis.  446. 
Green  Bay  and  Lake  Michigan: 

State  v.  Com'rs  S.  &  M.  lands,  34  Wis.  162. 
Illinois  and  Lake  Michigan: 

Illinois  and  Michigan  Canal  v.  Cahoon,  1 
Scam.  (Ills.)  5-21. 

Board  of  Trustees  v.  Haven,  10  His.  548. 
Milwaukee  and  Rock  River : 

United  States  v.  Hatch,  1  Pinney  (Wis.), 

let 

Miami  : 

Strong  v.  Lebmer,  10  Ohio  St.  93. 

2  Op.  Att.  Gen.  550 :  2  L.  I.&  0. 196, 197. 
Secretary  Treasury,  instructions,  March  20, 

1835, 2 'L.I.  &  O.VOT. 
Com'rG.  L.  O  ,  instructions,  June  17, 1833,  2 

L.L&O.478. 
Com'r  G.  L.  O.,  instructions,  April  2, 1836, 2 

L.L&O.6-21. 
Portage  and  Lake  Superior : 

Sutherland  v.  The  Governor,  29  Mich.  320. 
Att'v-Gen'l  v.  Lake  Superior  Ship  Canal, 

32 'Mich.  233. 

14  Op.  Att.  Gen.,  636. 645. 
Sault  Ste.  Marie: 

Ryan  v.  Brown,  18  Mich.  1%. 
Wala'sh  and  Erie: 

Doe  v.  Stepbenson.  1  Ind.  115. 

Butler  v.  State,  6  Ind.  165. 

Doe  0.  Stephenson,  9  Ind.  144. 

Coni'r  G.  L.  O.,  instructions,  April  21, 1827, 

2  L.  I.  &  O.  402. 
Com'r  G.  L.  O..  instructions,  June  11, 1833, 2 

L.  I.  &  0. 477. 
Com'r  G.  L.  O.,  instructions,  Nov.  2, 1633,  2 

L.  I.  &.  O  466. 
CARONDELET,  CITY  OF— 

Shepley  v.  Cowan,  1  Otto,  330. 
Inhabitants  of  Carondelet  r.  Dent,  18  Mo. 

248. 
City  of  Carondelet  c.  McPherson,  20  Mo. 

192. 
City  of  Carondelet  v.  City  of  St.  Louis,  25 

Mo.  448. 

Funkhouser  r.  Langkopp,  26  Mo.  453. 
Prim  v.  Horeu,  27  Mo.  205. 
Boroliu  v.  Furman,  28  Mo.  439. 
Dent  v.  Segerson.  29  Mo.  4>l». 
City  of  Carondelet  ? .  City  of  St  Louis,  29 

Mo.  r,-,>7. 

Funklionser  v.  Hantz.  29  Mo.  540. 
Bar  TV  v.  Bliimenthal,  H2  Mo.  29. 
Shepley  v.  Cowan,  52  Mo.  559. 


CERTIFICATES  OF  DEPOSIT  FOR  SUR- 
VEYS— 

Secretary  Treasury,  circular,  Jan.  21, 1874, 
Copp's  L.  L.  781. 

Secretary  Interior,  ex  parte  Sanchez,  June 
1.  1-74.  1  Copp's  L.  O.  35. 

Secretary  Interior,^  parte  Sprowl,  Sept.  22, 
1677,  4  Copp's  L.  0. 116. 

Com'r  G.  L.  O.,  circular,  May  6, 1871,  Copp's 
L.  L.  756. 

Com'rG.  L.  O.,  circular,  Feb.25, 1873,  Copp's 
L.  L.  758. 

Com'r  G.  L.  O  ,  ex  parte  Baca  et  al.,  Sept.  10, 

1874,  Copp's  L.  L.  760. 

Com'r  G.  L.  O.,  ex  parte  Mendenhall,  Dec.  2, 

1875,  2  Copp's  L.  0. 135. 

Com'r  G.  L.  O.,  ex  parte  Wright,  Dec.  4, 1875, 

2  Copp's  L.  0. 151. 
Com'r   G.   L    O.,  circular,  June  27,  1879, 

6  Copp's  L.  0. 77. 

Com'r  G.  L.  O..  circular,  March  5,  1880, 

7  Copp's  L.  0. 7. 
CERTIFIED  COPIES— 

Com'rG.  L.  O.,  circular,  July 20,1  S75,Copp's 

L.  L.  824. 
CESSION,  CONQUEST,  AND  DISCOVERY— 

Johnson  &.  Graham's  lessee  v.  Mclntosh,  8 

Wheat.  543. 

American  Ins.  Co.  v.  Canter,  1  Pet.  511. 
Soulard  v.  United  States,  4  Pet.  511. 
Martin  v.  Waddell.  16  Pet.  367. 
Pollard's  lessee  v.  Files,  2  How.  591. 
Pollard's  lessee  v.  Hagan,  3  How.  212. 
Leitensdorfer  v.  Webb,  20  How.  176. 
United  States  v.  Moreno,  1  Wall.  400. 
United  States  P.  Yorba,  1  Wall.  412. 
Eeictmrt  r.  Felps,  6  Wall.  160. 
Mornsby  v.  United  States,  10  Wall.  224. 
United  States  v.  Lynde,  11  Wall.  632. 
Dent  ?\  Emmeger.  14  AVall.  308. 
United  States  v.  Tract  of  Land,  1  Woods, 

C.  C.  475. 

Wood  worth  v.  Fulton,  1  Cal.  295. 
Vanderslice  v.  Hawks,  3  Cal.  27. 
Clark  son  v.  Hawks,  3  Cal.  47. 
Teschemacher  v.  Thompson,  18  CaL  11. 
Leese  v.  Clark,  20  Cal.  388. 
Ward  ».  Mulford,  32  Cal.  365. 
Gardiner  r.  Millar,  47  Cal.  570. 
CHEYENNE.  CITY  OF— 

Secretary   Interior,   U.  P.  R.  R.  «.  Chey- 
enne, Sept.  27, 1872,  Copp's  L.  L.  373. 
CHINAMEN— 

Wvthe  v.  Smith.  4  Saw.  C.  C.  17. 
CHIPPEWA  HALF-BREED  SCRIP- 
Dole  v.  Wilson,  20  Minn.  356. 
Secretary  Interior,  instructions,  April  20, 

1871,  Copp's  L.  L.  712. 
Secretary  Interior,  ex  parte  Brown  et  al.. 

March*  29,  1875. 
Com'r  G.  L.  O.,  circular,  Nov.  24, 1857,  Zab. 

L.  L.  308. 
Com'r  G.  L.  O.,  instructions,  May  13,  1865, 

Zab.  L.  L.3I3. 
Com'r  G.  L.  O.,  Wheeler  et  al.  v.  Cadotte, 

April  20, 1667,  Zab.  L.  L.  401. 
Com'r  G.  L.  O.,  circular,  March  15,  1873, 

Copp's  L.  L.  707. 
CHOUTEAU  CLAIM— 

Survey  :  2  L.  I.  &  O.  975. 

COLUMBUS  AND  SANDUSKY  TURNPIKE— 
Com'r  G.  L.  O.,  instructions,  Mav  2,  Ie28, 

2  L.  I.  &,  O.  407. 
CONNECTICUT  LAND  CLAIMS.  OHIO— 

Palmer  v.  Com'rs  Cuyahoga  Co.,  3  McLean, 

C.  C.  226. 

Kinsman  v.  Loomis,  11  Ohio,  475. 
Lockwood  v.  Wilder-man,  13  Ohio,  430. 
Secretary  Treasury,  instructions,  April  -1, 

1805,  2  L.I.  &O.  783. 
Secretary  Treasury,  instructions,  April  20, 

1805,  2  L.  I.  <fc  O.  789. 
Secretary  Tieasury,  instructions,  Dec.  16, 

1607,  2*L.  I.  &  O.' 601. 
Secretary  Tieasury,   instructions,   Marrh 

12,  1608,  2  L.I.  &O.  602 
CONTRACTS— 
Civil  law : 

Holliday  r.  West>  6  Cal.  519. 


CITATION   OF   DECISIONS. 


XI 


CONTRACTS-Confinued. 
Common  law : 

United  States  v.  Linn,  15  Pet.  290. 

Lamb  v.  Kauim,  1  Saw.  C.  C.  238. 
Construction  of: 

Lamb  v.  Davenport,  1  Saw.  C.  C.  609. 

Starr  v.  Stark,  2  Saw.  C.  C.  G03. 

Rightor  v.  Phelps,  1  Hob.  (La.)  325. 

Heed  v.  Conway,  26  Mo.  13. 

Claymorgan  v.  Green,  32  Mo.  285. 
Covenant  : 

Lamb  v.  Bui-bank,  1  Saw.  C.  C.  227. 

Lamb  v.  Kamru,  1  Saw.  C.  C.  238. 

Lamb  v.  Waketteld,  1  Saw.  C.  C.  251. 

Lamb  v.  Vaughn,  2  Saw.  C.  C.  161. 

Fields  v.  Squires,  1  Deady,  C.  C.  366. 
Legislative  : 

Fletcher  v.  Peck ,  6  Cranch,  87. 

State  of  New  Jersey  v.  Wilson,  7  Cranch, 
164. 

Cook  v.  City  of  Burlington,  30  Iowa,  94. 

Op.  Att.  Gen.,  ex  parte  Ohio,  2  L.  I.  &  O. 

141. 
Mexican  grant: 

Hartman  v.  Reed,  50  Cal.  485. 
Settlers1  claim  and  improvements: 

Lamb  v.  Davenport,  18  Wall.  307. 

Lamb  v.  Burbank,  1  Saw.  C.  C.  2-27. 

Doolittle  v.  Bridgemaii,  1  Greene  (Iowa), 
265. 

Ellis  v.  Hosier,  2  Greene  (Iowa),  246. 

Brooks  v.  Ellis,  3  Greene  (Iowa),  527. 

Mclntire  v.  Skiuner,  4  Greene  (Iowa),  89. 

Pierson  v.  David,  1  Iowa,  24. 

Sullivan  v.  McLenans.  2  Iowa,  437. 

Bowman  ».  Torr,  3  Iowa.  571. 

Cullen  v.  Riley,  7  Iowa,  517. 

Snow  v.  Flanuery,  10  Iowa,  318. 

Spry  v.  Sleppy,  15  Iowa,  409. 

Wilson  v.  McLeruan,  20  Iowa,  30. 

Oaks  v.  Heaton,  44  Iowa,  116. 

Jenkins  v.  Gibson,  3  La.  Ann.  203. 

Hollan  v.  Sapp,  4  La.  Ann.  519. 

Hudson  et  al.  v.  Milner,  12  Ala.  667. 

Tempson  v.  Martin,  13  Ala.  21. 

Patton  v.  Ashlev,  8  Ark.  290. 

Cain  v.  Leslie,  15  Ark.  312. 

Baker  v.  Hollobaugh,  15  Ark.  322. 

Cloud  v.  Ivie,  28  Mo.  578. 

Moore  v.  Mclntosh,  6  Kans.  39. 

Vickray  v.  Pratt,7  Kans.  238. 

McTaggart  v.  Hanison,  12  Kans.  62. 

Bell  v.  Parks,  16  Kans.  152. 

Lapham  v.  Hend,  21  Kans.  332. 

Chase  v.  Savage  Silver  Mg.  Co.,  2  Nov.  9. 

Rose  v.  Treadway,  4  Nev.  455. 

Treadway  v.  Wilder,  8  Nev.  91. 

Dawsou  v.  Merrelle,  2  Neb.  119. 

Me  Williams  v.  Bridges,  7  Neb.  419. 

Tartar  v.  Hall,  3  Cal.  263. 

Ostrarn  v.  Dixon,  13  Cal.  33. 

Holden  v.  Andrews,  38  Cal.  119. 

Damrell  v.  Meyer,  40  Cal.  166. 

Montgomery  v.  Whitney,  40  Cal.  294. 

Hudson  v.  Johnson,  45  Cal.  21. 

Snow  v.  Ferrea,'  45  Cal.  195. 

McCreary  v.  Casey,  50  Cal.  349. 

Snow  v.  Kim  OUT,  52  Cal.  624. 

Secretary  Interior,  Webster  v.  Sutherland, 
Oct.  19,  187-2,  Copp's  L.  L.  312. 

Secretary  Interior,  Beasore  v.  Whitehead, 
Aug.  5, 1875,  2  Copp's  L.  O.  83. 

Secretary  Interior,  Swift  v.  C.  &  O.  R.R., 
Nov.  30,1875,  2  Copp's  L.  O.  134. 

Secretary  Interior,  Hudsonpiller  v.  Queen, 
Sept.  18, 1874. 

Secretary  Interior,  Sumner  v.  Silaby,  Feb. 

22, 1875. 
Survey : 

Reed  v.  Conway,  26  Mo.  13. 
Edwards  v.  Estell,  48  Cal.  194. 

Instructions,  March  4,  1797,  2  L.  I.  &  O. 

765. 
Com'r  G.  L.  O. ,  instructions,  July  9, 1824, 2 

L.  I.  &  O.  839. 
Timber,  sale  of: 

Stevens  v.  Penier,  12  Kans.  297. 

Ward  v.  Carson  River  Wood  Co.,  13  Nev. 


CONTRACTS—  Continued. 
Timber,  sale  of : 

Secretary  Interior,   instructions,   Dec.   6, 

1854,  1  Lester,  629. 
Secretary  Interior,  Webster  v.  Sutherland, 

Oct.  19, 1872,  Copp's  L.  L.  313. 
Treaty  : 

Meigs  et  al.  v.  McClung's  lessee,  9  Cranch, 

11. 

Fleeger  v.  Poole,  1  McLean,  C.  C.  185. 
Secretary  Interior,  Dallas  v.  White,  July  25, 

1878,  5  Copp's  L.  O.  83. 
COUNTY  SEATS— 

Whitelowe  v.  Reese,  4  Oreg.  335. 

Com'r  G.  L.  O.,  circular,  June  7,  1824, 2  L.  I. 

&  O.  380. 
Com'r  G.  L.  O., instructions,  March  18, 1834, 

2  L.  I.  &  0. 494. 
Com'r  G.  L.  O.,  circular,  Oct.  11, 1837,  2  L. 

I.  <fc  O.  652. 
CUMBERLAND  ROAD— 

Op.  Att.  Gen.,  2  L.  I.  &  O.  141. 
DEDICATION  TO  PUBLIC  USES— 

Cincinnati  v.  White's  lessee,  6  Pet.  431. 
Barclay  v.  Howell's  lessee,  6  Pet.  498. 
New  Orleans  v.  United  States,  10  Pet.  662. 
United  States  v.  Chicago,  7  How.  185. 
Irwiu  v.  Dixon,  9  How.  10. 
City  of  Brownsville  v.  Cavazos  et  aL,  10 

Otto,  138. 

United  States  v.  Carr,  3  Saw.  C.  C.  477. 
Lownsdale  v.  City  of  Portland,  1  Deady, 

C.C.  1,39. 
Chapman  v.  School  District  No.  1, 1  Deady, 

C.  C.  139. 

City  of  Winona  v.  Huff.  11  Minn.  119. 
Village  of  Mankato  v.  Meagher,  17  Minn. 

265. 

Cook  v.  City  of  Burlington,  30  Iowa,  94. 
Cook  v.  City  of  Burlington,  36  Iowa,  357. 
St.  Louis  Public  Schools  v.  Erskin,  31  Mo. 

110. 

Hall  v.  Ashby.  2  Montana,  489. 
Lownsdale  v.  City  of  Portland,  1  Ores.  381. 
Leland  v.  City  of  Portland,  2  Oreg.  46. 
Bell  ?;.  The  Bed  Rock  Tunnel  &  Mg.  Co., 

36  Cal.  214. 
Secretary  Interior,  The  Chicago  Cases,  Feb. 

28,  1879,  (i  Copp's  L.  O.  22. 
Com'r  G.  L.  O.,  The  Chicago  Cases,  Feb. 

12,  1878,  4  Copp's  L.  O.  180. 
DENVER,  CITY  OF- 

Cofleld  v.  McClellan,  1  Colo.  370. 
Clayton  v.  Spencer,  2  Colo.  378. 
DESCRIPTION  AND  BOUNDARY— 

What  sufficient,  and  rules  of  construction : 
Bodley  v.  Taylor,  5  Cranch,  191. 
Lodge's  lessee  v.  Lee.  <i  Cranch,  237. 
Johnson  v.  Pannel's  heirs,  2  Wheat.  206. 
Shipp  v.  Miller's  heirs,  2  Wheat.  316. 
McArthur  v.  Browder,  4  Wheat.  488. 
Blake  et  at.  v.  Doherty  et  al.,  5  Wheat.  357. 
Doddridge  v.  Thompson,  9  Wheat.  469. 
Patterson  v.  Jenks,  2  Pet.  216. 
Boardman  v.  Reed  et  al.,  6  Pet.  328. 
United  States  v.  Sepulveda,  1  Wall.  104. 
United  States  v.  Halleck  et  al.,  1  Wall.  439. 
Schurmeir  v.  St.  P.  &  P.  R.  R.  Co.,  7  Wall. 

272. 
Quicksilver  Mg.  Co.  v.  Hicks,  4  Saw.  C.  C. 

Tiipp  v.'  Spring,  5  Saw.  C.  C.  208. 
Dunlap  v.  Stetson,  4  Mason,  C.  C.  349. 
Thomas  v.  Hatch,  5  Mason,  C.  C.  170. 
Thomas  v.  Hatch,  3  Sumner,  C.  C.  170. 
Boyreau  v.  Campbell,  1  McAllister,  C.  C. 

119. 
United  States  v.  Estudillo,  1  Hoffman's  L. 

Cas.  204. 

Alshire  v.  Hulse,  1  Ohio,  170. 
Martin  v.  Boon,  2  Ohio,  238. 
McArthur  v.  Phrebus,  2  Ohio,  416. 
Huston  v.  McArthur,  7  Ohio,  383. 
Buckley  v.  Blackwell,  10  Ohio,  508. 
McKiuiiey  v.  McKiunoy,  8  Ohio  St.  423. 
Calhoon  v.  Price,  17  Ohio  St.  96. 
Board  of  Trustees  v.  Haven,  10  Ills.  548. 
AVilson  v.  Byns,  77  Ills  76. 
Huntv.  Rowley,  87  Ills.  491. 


Xll 


CITATION    OF    DECISIONS. 


DESCRIPTION  AND  BOUNDARY—  Continued. 
What  sufficient,  and  rules  of  construction : 
Oilman  v.  Riooelle,  18  Mich.  144. 
Wright  o.  Day,  33  Wis.  2CO. 
Boonnan  v.  Sunnucks.  4-2  Wis.  233. 
Sckurmeir  c.  St.  P.  £  P.  R.  R.,  10  Minn.  82. 
Musser  v.  Hershey,  42  Iowa,  356. 
Lafayette  v.  Blanc,  3  La.  Ann.  59. 
Ott  9.  Soulard,  9  Mo.  581 . 
Shelton  c.  Maupin,  16  Mo.  124. 
Femvick  v.  Gil!,  38  Mo.  510. 
Lamers  v.  Xissen,  4  Xeb.  245. 
Shockley  v.  Broun,  1  Wash.  Ty.  463. 
Reynolds  v.  West,  1  Cal.  322. 
Hicks  v.  Coleman,  25  Cal.  1-.-2. 
More  ».  Massini,  37  Cal.  432. 
Eureka  Mg.  Co.  v.  Way,  11  Xev.  171. 
Courtney  v.  Turner,  12  Xev.  345. 
5  Op.  Att.  Gen.  323;   7  id.  681. 
Secretary  Interior,  Rancho  Xovato,  Jan.  13, 

1859,  f Lester,  645. 
Secretary  Interior,  Ranches  Borregas  and 

Posolmi,  April  27,  1859,  1  Lester,  649. 
Secretary  Interior,  Rancho  De  Quito,  July 

23,  lt5:J.  1  Lester,  650. 
Secretary  Interior,  Rancho  Los  Tularcitos, 

Jnly  3-J,  1859,  1  Lester,  652. 
Secretary  Interior,  Ranches  Pinole,   Las 

Huntas  and  Del  Hambre,  Aug.  10,  1859, 

1  Lester,  654. 
Secretary  Interior,  Rancho  Buelna,  Sept. 

1,  1859,  1  Lester,  657. 
Secretary  Interior,  Rancho  Sausal  Redon- 

do,  Oct.  31,  1871,  Copp  s  L.  L.  564. 
Secretary  Interior,  Rancho  Caslaruayomi, 

Aug.  15,  1874. 
Com'r  G.  L.  O.,  Rancho  San  Xiguel,  July 

9,  1672,  Copp's  L.  L.  565. 
Com'r  G.  L.  O.,  Rdncho  Cuyamaca,  Xov.  25, 

1873,  Copp'g  L.  L.  577. 
Com'r  G.  L.  O..  Raucho  Xajalayegua,  Feb. 

18,  1874,  Copp's  L.  L.  590.' 
Com'r  G.  L  O.,  Raucho  San  Joan  Cajon  de 

Santa  Ana,  Sept.  18,  Ie75,  2  Copp's  L.  O. 

Com'r  G.  L.  O.,  Rancho  Bolsa  de  Escorpi- 

nas,  Sept.  24, 1875, 2  Copp's  L.  0. 135 ;  3  id. 

90. 
Com'r  G.  L.  O.,  Rancho  Corte  Modera  del 

Presidio.  Sept.  18.  1878. 
Com'r  G.  L.  O.,  Pueblo  San  Francisco,  Xov. 

16,  1878. 
When  courses  and  distances  control,  and  when 

not : 

Marshall  r.  Carrie,  4  Cranch,  172. 
Bodley  v.  Taylor,  5  Cranch.  191. 
Mclvers'  lessee  v.  Walker,  9  Cranch,  173. 
Taylor  v.  Walton,  1  Wheat,  141. 
Shipp  v.  Miller's  heirs,  2  Wheat.  316. 
Xewsom  v.  Prvor's  lessee,  7  Wheat.  7. 
Chinoweth  v.  Haskell's  lessee,  3  Pet.  92. 
Holmes  ».  Trout,  7  Pet.  171. 
Brown  v.  Huger.  21  How.  305. 
United  States  ».  Pacheco,  2  Wall.  587. 
Morrow  v.  Whitney,  5  Otto,  551. 
United  States  v.  Castro,  5  Saw.  C.  C.  625. 
Jackson  v.  Sprasue,  1  Paine,  C.  C.  494. 
Coon  v.  Penn,  TPet.  C.  C.  496. 
Harmer  v.  Morris.  I  McLean,  C.  C.  44. 
Buel  v.  Tuley,  4  McLean  C.  C.  268. 
Robinson  v.  "Moore,  4  McLean,  C.  C.  279. 
Granger  v.  Swart,  I  Woolw.  C.  C.  88. 
Tobin  v.  Witkin's  heirs,  1  McAllister,  C.  C. 

151. 

McCoy  v.  Galloway,  3  Ohio,  282. 
Galloway  v.  Brown,  16  Ohio,  428. 
McClintbck  v.  Rodgers,  11  Ills.  279. 
Bruckner  v.  Lawrence,  1  Doug.  (Mich.)  19. 
Mooro  v.  People,  2  Doug.  (Mich.)  420. 
Britton  v.  Ferry.  14  Mich.  53. 
Xeff  v.  Paddock,  20  Wis.  546. 
McEvoy  v.  Loyd,  31  Wis.  M2. 
Moreland  v.  Page,  2  Iowa,  139. 
Sargent ».  Herod.  3  Iowa,  145. 
Campbell  v.  Clark,  8  Mo.  553. 
McGill  v.  Somers.  15  Mo.  80. 
Schultz  o.  Lin<lell.  40  Mo.  330. 
Knight  v.  Elliott.  57  Mo.  317. 
De  Arguello  v.  Greer,  26  Mo.  616. 


DESCRIPTION  AXD  BOUXDARY—  Continued. 
When  courses  and  distances  control,  and  when 

not: 

Serrano  v.  Raw  son,  47  Mo.  52. 
Spring  v.  Heuston,  49  Mo.  442. 
Shoemaker  v.  Hatch,  13  Xev.  261. 
Secretary  Interior,  Rancho  JSovato,  Jan.  13, 

Ie59,  1  Lester,  645. 
Secretary  Interior,  Ranchos  Borregas  and 

Posolmi,  April  27,  1859.  1  Lester,  649. 
Secretary  Interior,  Rancho  Corte  Madera 

del  Presidio.  Jan.  6, 1872,  Copp's  L.  L.  532. 
Secretary  Interior,  Rancho  Bolsa  de  las  Es- 

corpinas,  Aug.  16, 1876, 3  Copp's  L.  0. 90. 
Com'r  G.  L.  O.,  Rancho  Agua  Caliente,  Feb. 

21, 1878. 
DES  MOIXES  RIVER— 

Litchfield  v.  D.  &.  P.  R.  R.,  23  How.  66. 
Wolcott  v.  Des  Moines  Co.,  5  Wall.  681. 
Williams  r.  Baker,  17  Wall.  144. 
Homestead  Co.  v.  Valley  R.  R.,  17  Wall.  153. 
Wolsey  v.  Chapman,  11  Otto,  755. 
Riley  v.  Wells,  U.  S.  Sup.  Ct.,  Dec.  term, 

1869  (unreported). 
Critly  v.  Burrows,  U.  S.  Sap.  Ct.,  Dec.  term, 

1872  (unreported). 
Dumoutv.  Des  Moines  Valley  R.  R.,  U.  S. 

Sup.  Ct.,  Oct.  Term,  1878  (unreported). 
Steamboat  Globe  v.  Kurtz,  4  Green  (Iowa), 

433. 
Des  Moines  Xavigation  Co.  v.  County  of 

Polk,  10  Iowa,  1. 

Stryker  v.  Polk  County,  22  Iowa,  131. 
Bellows  v.  Todd,  34  Iowa,  18. 
7  Op.  Att.  Gen.,  691 ;  9  id.  273. 
DETROIT,  TOWX  OF— 

People  v.  Carpenter,  1  Mich.  273. 
Secretary  Treasury,  instructions,  Feb.  17, 

1809,  2  L.  L  &  O.  697. 
DOXATIOXS— 
Location : 

Bernard's  heirs  v.  Ashley's  heirs,  18  How. 

43. 

Finley  v.  Woodruff,  8  Ark.  328. 
Carter  v.  Chapman,  2  Oreg.  9 }. 
Com'r  G.  L.  O.,  instructions,  Jan.  27,  1837, 

2  L.  I.  &  O.  533. 
What  are: 

Ross  v.  Borland,  1  Pet.  655. 
Forsyth  v.  Reynolds,  15  How.  S58. 
Arkansas: 

Finley  v.  Woodruff,  8  Ark.  328. 

Drenuens  v.  Walker,  21  Ark.  539. 

Com'r  G.  L.  O.,  instructions,  Aug.  26, 1828, 

2  L.  I.  &  O.  413. 
Com'r  G.  L.  O.,  instructions,  Oct.  17,  1828,2 

L.  I.  &.  O.  415. 
Com'r  G.  L.  O.,  instructions,  Jan.  19, 1829, 2 

L.  I.  &  O.  417. 
Com'r  G.  L.  O.,  instructions,  Dec.  18, 1829, 2 

L.  I.  &  O.  421. 
Com'r  G.  L.  O.,  instructions,  Feb.  18, 1832, 2 

L.  L  &  O.  459. 
Com'r  G.  L.  O.,  instructions,  June  25, 1832, 2 

L.  I.  &.  O.  464. 
Com'r  G.  L.  O.,  instructions,  June  10, 1833,  2 

L.  L  &  O.  476. 
Com'r  G.  L.  O.,  instructions,  Aug.  12, 1833, 2 

L.  I.  &  O.  4;0. 
Com'r  G.  L.  O.,  instructions,  Oct  4,  1836, 2 

L.  I.  &  O.  527. 
Com'r  G.  L.  O.,  instructions,  April  22, 1837,  2 

L.  L  &,  O.  533. 
Com'r  G.  L.  O.,  instructions,  Aug.  6, 1835, 2 

L.  L  &  O.  613. 
Com'r  G.  L.  O.,  Instructions,  May  10, 1837, 2 

L.  I.  &  0. 1010. 
Florida  : 

Boatman  v.  Vautress,  8  Martin  (La.)  644. 
Xewport  v.  Cooper,  10  La.  155. 
Louisiana : 

Secretary  Interior,  ex  parte  Frugie,  June 

25, 1877,  4  Copp's  L.  O.  118. 
Com'r  G.  L.  O.,  instructions,  March22, 1819, 

2L.  I.  &  O.  712. 
Com'r  G.  L.  O..  instructions,  March  27, 1819, 

2  L.  I.  &  0.713. 
Com'r  G.  L.  O.,  instructions,  Aug.  13, 1823,  2 

L.  L  &  O.  717. 


CITATION    OF   DECISIONS. 


Xlll 


DONATIONS—  Continued. 
Louisiana : 

Com'r  G.  L.  O.,  instructions,  Aug.  7, 1824,  2 

L.  I.  &  O.  723. 
Com'r  G  L.  O.,  instructions,  Aug.  26, 1872, 

Copp's  L.  L.  513. 
CouVrG.  L.  O.,  ea;  parte  Wedge,  July  14, 1873, 

Copp's  L.L.  517. 
Oregon : 

Stark  v.  Starr,  6  Wall.  402. 
Silver  v.  Ladd,  7  Wall.  219. 
Davenport  v.  Lamb,  13  Wall.  418. 
Lamb  v.  Davenport,  18  Wall.  307. 
Stark  v.  Starr,  4  Otto,  477. 
Barney  v.  Dolph,  7  Otto,  652. 
Hall  v.  Russell,  11  Otto,  503. 
Yance  v.  Burbank,  11  Otto,  514. 
Lownsdale  v.  Portland,  1  Deady,  C.  C.  1. 
Chapman  v.  School  District  No.  1, 1  Deady, 

C.  C.  108, 139. 

Lamb  v.  Starr,  1  Deady,  C.  C.  350. 
Fields  v.  Squires,  1  Deady,  C.  C.  366. 
Lamb  v.  Starr,  1  Deady,  C.  C.  447. 
Stark  v.  Starr,  1  Saw.  C.  C.  15. 
Lamb  v.  Wakefield,  1  Saw.  C.  C.  251. 
Lamb  v.  Davenport,  1  Saw.  C.  C.  609. 
Mizner  v.  Vaughn,  2  Saw.  C.  C.  269. 
Fitzpatiick  v.  Dubois,  2  Saw.  C.  C.  434. 
Shuffleton  v.  Nelson,  2  Saw.  C.  C.  540. 
Starr  v.  Stark,  2  Saw.  C.  C.  603. 
Adams  v.  Burk,  3  Saw.  C.  C.  415. 
Hall  v.  Russell,  3  Saw.  C.  C.  506. 
Wythe  v.  Haskell,  3  Saw.  C.  C.  574. 
Wythe  v.  Smith,  4  Saw.  C.  C.  17. 
Vandolf  v.  Otis,  1  Oreg.  153. 
Ford  v.  Kennedy,  1  Oreg.  166. 
Pinn  v.  Morris,  1  Oreg.  230. 
Carter  v.  Chapman,  2  Oreg.  93. 
Starr  v.  Stark,  2  Oreg.  118. 
White  v.  Allen,  3  Oreg.  103. 
Groslouis  v.  Northcut,  3  Oreg.  394. 
Cowenia  v.  Hannah,  3  Oreg.  465. 
Chambers  v.  Chambers,  4  Oreg  153. 
Blakesley  v.  Caywood,  4  Oreg.  279. 
Jette  v.  Pirard,  4  Oreg.  296. 
Dolph  v.  Barney,  5  Oreg.  191. 
Murray  v.  Murray,  6  Oreg.  26. 
Linnville  v.  Smith,  6  Oreg.  203. 
Ramsey  v.  Loomis,  6  Oreg.  367. 
10  Op.  Att.  Gen.  380. 
Secretary    Interior,    Woodward  et  al.   v. 

Strickler,  November  14, 1871,  Copp's  L.  L. 

749. 
Secretary   Interior,    ex   parte    Maynard, 

March  1, 1873,  Copp's  L.  L.  751. 
Secretary  Interior,   ex  parte  Warwick  & 

Davis,  May  29, 1874,  Copp's  L.  L.  751. 
Secretary  Interior,  ex  parte  Meek  &  Luell- 

ing,  June  10, 1875, 2  Copp's  L.  O.  86. 
Secretary  Interior,  ex  parte  Richard,  June 

19, 1876, 2  Copp's  L.O.I  63. 
Secretary  Interior,  ex  parte  Portland  City, 

April  21,  1854. 
Secretary  Interior,  ex  parte  Lansdale  et  al., 

July  13, 1860. 
Secretary  Interior,  Ebey  v.  Heirs  of  Ebey, 

April  22, 1862. 
Secretary  Interior,  Smith  v.  Heirs  of  Wills, 

June  11, 1866. 
Secretary  Interior,  Heatherly  v.  Hadley  & 

Owen,  May  24, 1870. 
Secretary  Interior,  Jeffers  v.  Dubois,  Nov. 

25, 1871. 
Secretary  Interior,  Woodward  &  Edwards 

v.  Strickler,  Nov.  14, 1871. 
Secretary  Interior,  ex  parte  Dalles  Mission- 
ary Station,  March  15, 1875. 
Secretary  Interior,  ex  parte  Scott,  July  24, 

1876. 
Secretary  Interior,  ex  parte  Poole,  Oct.  21, 

1878. 

Com'r  G.  L.  O.,  City  of  Portland  v.  Lowns- 
dale etal.,  Oct.  18,'  1858, 1  Lester,  437. 
Com'rG.  L.  O.,  ex  parteYostkum,  March 28, 

1874.1  Copp's  L.  O.  3. 

Com'r  G.  L.  O.,  ex  parte  Meek  &  Luelling, 

April  22. 1874, 1  Copp's  L.  0. 21. 
Com'r  G.  L.  O.,  Lewis  v.  Hodges,  April  30, 

1875. 2  Copp's  L.  0. 54. 


DONATIONS—  Continued. 
Oregon : 

Com'r  G.  L.  O.,  City  of  Seattle  v.  McAleer, 

Jan.  12, 1877,  3  Copp's  L.  0. 179. 
Com'r  G.  L.  0.,  exparte  Portland  City,  April 

17, 1854. 
Com'r  G.  L.  O.,  ex  parte  Yeatch,  April   3, 

1857. 
Com'r  G.  L.  O.,  exparte  Lansdale  et  al.,  Oct. 

18, 1858. 
Com'r  G.   L.   O.,  ex  parte  Weaver's  heirs, 

Jan  -29,1860. 

Com'r  G.  L.  O.,  ex  parte  Conner's  adminis- 
trator, May  14, 1861. 
Com'r  G.  L.  O.,  Powers  v.  Shaw,    July  6, 

1861. 
Com'r  G.  L.  O.,  Ebey  v.  Heirs  of  Ebey,  Oct. 

19, 1861. 
Com'r  G.  L.   O.,  ex  parte  Gaines,   Jan.   7, 

1862. 
Com'r  G.  L.  O.,  ex  parte  Lander,  April  21, 

1862. 
Com'r  G.  L.  O.,  Anderson  v.  Howard,  Nov. 

28, 1863. 
Com'r  G.  L.  O.,  ex  parte  Baker,  Sept  14, 

1865. 
Com'r  G.L.O..ez parte  McNutt  &  Gager, 

Sept.  27, 1865. 
Comr  G.  L.  O.,  Smith  v.  Heirs  of  Wills, 

March  1, 186(5. 
Com'rG.  L.  O.,  exparte  Rannison,  March 

6,  1866. 
Com'rG.  L.  O.,  exparte  Merrick,  Mav  23, 

1867. 
Com'r  G.   L.  O.,  Heatherly  v.   Hadley  & 

Owen,  July  13, 1868. 
Com'r  G.  L.  O.,  ex  parte  Portland  City,  Oct. 

18,  1868. 
Com'r  G.  L.  O  ,  ex  parte  Bellinger's  heirs, 

Jan.  15, 1869. 
Corn'r  G.  L.  O.,  Jeffers  v.  Dubois,  June  16, 

1870. 
Com'rG.  L.  O.,  ex  parte  Gardef  y,  Dec.  22, 

1870. 

Com'r  G.  L.  0.,  Law  v.  Caston,  May  2, 1871. 
Com'r  G.   L.   O.,  ex  parte  Wilson's  heirs, 

April  30, 187-2. 
Com'r  G.  L.  O.,   ex  parte  Taylor,  June  5, 

1873. 
Com'r  G.  L.  O.,  ex  parte  Martin,  July  11, 

1873. 
Com'r  G.  L.   0.,  ex  parte  Howe,  June  17, 

1874. 
Com'r  G.  L.  O.,  Hudson  v.  Kendall,  Nov.  6, 

1874. 
Com'r  G.  L.  O.,  ex  parte  Doncette,  d  an.  5, 

1875. 
Com'rG.  L.  O.,  ex  parte  Mattoon,  Feb.  13, 

1875. 

Com'r  G.  L.  O.,  exparte  Buck,  Oct.  12,  1875. 
Com'r  G.  L.  O.,  ex  parte  Stewart,  Oct.  12, 

1875. 
Com'r  G.  L.  O.,  ex  parte  Stevens,  Oct.  13, 

1875. 
Com'rG.  L.  O.,  exparte  Huntley,  Oct.  14, 

1875. 
Com'r  G.  L.  O.,   ex  parte  Leslie,  Oct.  18, 

1875. 
Com'r  G.  L.  O.,   ex  parte  Scott,   Dec.  10, 

1875. 
Com  r  G.  L.  O.,  ex  parte  Cornwell,  Feb.  1, 

1877. 
Com'r  G.  L.  O.,  ex  parte  Rush,  March  22, 

1877. 
Com'r  G.  L.  O.,  exparte  Rowland,  March 

27, 1877. 

Com'r  G.  L.  O.,  exparte  Coe,  July  17, 1877. 
Com'r  G.  L.  O.,  exparte  Robinson,  July  20, 

1877. 
Com'r  G.  L.  O.,  exparte  Heirs  of  Bray,  Aug. 

1,1877. 
Com'r  G.  L.  O.,  ex  parte  Landreth,  Sept. 

18, 1877. 
Com'r  G.  L.  O.,  ex  parte  Poole,  Nov.  28, 

1877. 
Com'r  G.  L.  Q.,  ex  parte  Williams,  Dec.  1, 

1877. 
Com'r  G.  L.  O.,  exparte  Lyons,  March  13, 

1878. 


XIV 


CITATION   OF   DECISIONS. 


DONATIONS-  Continued. 
Oregon : 

Com'r  G.  L.  O.,  ex  parte  Judkins,  May  31, 

1878. 
Com'r  G.  L.  O.,  ex  parte  Banton,  Jane  18, 

1878. 
Com'r  G.  L.  O.,  ex  parte  Bonham,  Aug.  28, 

1878. 
Com'r  G.  L.  O.,  ex  parte  Myers,  Feb.  25, 

1879. 
Com'r  G.  L.  O.,  ex  parte  Landreth,  Sept. 

5, 1879. 
Com'r  G.  L.  O.,  ex  parte  Judkins,  Sept.  5, 

Washington  Territory : 

Shockley  v.  Brown,  1  Wash.  Ty.  463. 
Secretary  Interior.  Mission  St.  James,  May 

10,  187-2,  Copp's  L.  L.  732. 

Secretary  Interior,  McBean  v.  Owen,  June 

11,  1£77,  2  Copp's  L.  O.  53. 

Secretary  Interior,  ex  parte  Finnell,  Feb. 

1">,  1656,  3  Copp's  L.  O.  133. 
Secretary  Interior,  Bush  v.  Bradford,  Nov. 

28, 1872. 
Secretary  Interior,  Mission  Santa  Eosa  v. 

Bussell,  Dec.  8, 1873. 
Secretary  Interior,  ex  parte  Bolen  and  wife, 

Jan.  3,' 1879. 
Com'r  G.  L.  O.,  McBean  v.  Owen,  Oct.  14, 

1874, 1  Copp's  L.  O.  130. 
Com'r  G.  L.  O.,  ex  parte  Kindred,  April  16, 

1877,  4  Copp's  L.  O.  19. 
Com'r  G.  L.  O.,  Williams  v.  Martin,  May 

31, 1878,  5  Copp's  L.  O.  90. 
Com'r  G.  L.  O.,   ex  parte  Butler,  Jan.  4, 

1861. 
Com'r  G.  L.  O.,  Church  v.  Miller,  June  8, 

1864. 

Com'r  G.  L.  O.,  ex  parte  Swan,  Jan.  6. 1866. 
Com'r  G.  L.  O.,  ex  parte  Bozarth,  Oct.  21, 

1867. 
Com'r  G.  L.  O.,  ex  parte  Gobar,  Dec.  11, 

1868. 

Com'r  G.  L.  O.,  Mission  Santa  Eosa  v.  Bus- 
sell,  Jan.  27.  1872. 
Com'r  G.  L.  O.,  ex  parte  Morse  &  Biers, 

March  24,  1873. 
Com'r  G.  L.  O.,  ex  parte  Thomas,  Jan.  30, 

1875. 

Com'rG.  L.  O.,  ex  parte  King,  April  25, 1876. 
Com'r  G.  L.  O.,  ex  parte  McCarty,  April 

12, 1877. 
Com'r  G.  L.  O.,  ex  parte  Paulding,    April 

23, 1877. 
Com'r  G.  L.  O.,  ex  parte  Van  Buren,  Sept. 

10, 1877. 
Com'r  G.  L.  O.,  ex  parte  Bolen  and  wife, 

Feb.  21,  1878. 
Com'r  G.  L.  O.,  ex  parte  Bolen  and  wife, 

March  1,  I860. 
Desert  land  entries  : 

Secretary  Interior,  ex  parte  Guinean,  Feb. 

11, 1860,  7  Copp's  L.  O.  8. 
Secretary  Interior,  ex  parte  Downey,  April 

15, 1880.  7  Copp's  L.  O.  20. 
Com'rG.  L.  O.,  circular,  April  8, 1875,  Copp's 

L.  L.  21  (i. 
Com'r  G.  L.  O.,  ciiv.ular,  March  12,  1875,  4 

Copp's  L.  O.  22. 
Com'r  G.  L.  O.,  ex  parte  Eeeves,  July  16, 

1879,  6  Copp's  L.  O.  76. 

Com'r  G.  L.  O.,  ex  parte  Bowman,  Feb.  16, 

1880,  6  Copp's  L.  O.  192. 

Com'r  G.  L.  O.,  instructions,  Sept.  13, 1880, 
7  Copp's  L.  O.  105. 

Com'r  G.  L.  O.,  instructions,  Aug.  28, 1880, 

7  Copp's  L.  O.  106. 
DOWEE— 

Longworthy  ?•.  Heeb,  46  Iowa,  64. 

Chninabbee  r.  Xix  et  al,  3 Porter  (Ala.)  362. 

Baker  v.  hcii  s  of  Chastang,  18  Ala.  417. 

Wells  r.  Moore,  1 6  Mo.  478. 
DUBUQUE,  TOWN  OF— 

Chouteau  v.  Molony,  16  How.  203. 

Taber  v.  Levi,  Mori  is  (Iowa),  372. 

Davis  r.  O'Ferrall,  4  Greene  (Iowa)  358. 

Instructions  Aug.  9,  1836,  2  L.  I.  &  O.  963. 

Com'r  G.  L.  O.,  instructions,  March  23, 1837, 
2  L.  I.  &  O.  l»77. 


EASEMENT- 

Public,  in  navigable  waters,  d-c.  : 

Lovington  v.  County  of  St  Clair,  64  His.  56. 

Baxon  v.  Bressler,  fc4  Ills.  489. 

Moore  v.  Sanborne,  2  Mich.  520. 

Lorman  v.  Benson,  8  Mich.  18. 

Jones  v.  Pettibone,  2  Wis.  308. 

Walker  v.  Stepbeuson,  4  Wis.  486. 

Oleson  r.  Men-ill,  4-2  Wis.  203. 

Deleplaine  v.  C.  &.  N.  W.  E,  E.  Co.,  42  Wis. 

214. 

Boorman  v.  Sunnucks,  42  Wis.  233. 
Brisbine  v.  St.  P.  &  S.  C.  E.  E  ,  23- Minn.  114. 
Steamboat  Globe  v.  Kurtz,  4  Greene  (Iowa), 

433. 

Musser  v.  Hershey,  42  Iowa,  356. 
Duverge  r.  Salter~  6  La.  Ann.  450. 
O'Fallon  v.  Daggett,  4  Mo.  209. 
Weise  v.  Smith,  3  Oreg.  4 .5. 
Eldred  t\  Cowell,  4  Cal.  80. 
Guy  v.  Hermance,  5  Cal.  73. 
Ward  v.  Mulford,  32  Cal.  305. 
Roads,  d-c.  : 

Harris  v.  Elliott,  10  Pet.  25. 

Tillage  of  Mankato  r.  Meagher,  17  Minn. 

265. 
Railroads  : 

D.  &  E.  G.  E.  E.   r.  Canon  City  E.  E.,  9 

Otto,  463. 

C.  P.  E.  E.  Co.  v.  Dyer  ft  al,  1  Saw.  C.  C.  641. 
C.  P.  E.  E.  Co.  v.  Benity,  5  Saw.  C.  C.  118. 
Cal.  N.  E.  E.  Co.  r.  Gould,  21  Cal.  254. 
Doran  v.  C.  P.  E  E,  Co.,  24  Cal.  245. 
Secretary  Interior,  circular,  June  30,  1875, 

Copp's  L.  L.  388. 
Secretary  Interior,  D.  &  E.  G.  R  E.  v.  P. 

&  A.  V.  E.  E.,  Sept.  5,  Is78. 
Secretary  Interior,  D.  &  E.  G.  E.  E.  r.  P. 

&  A.  V.  E.  E.,  Sept.  11, 1678. 
Com'rG.  L.  O.,  cxparteW.  &  S.  C.  E.  E., 
i  May  10, 1877,  4  Copp's  L.  O.  91. 

Com'r  G.  L.  O  ,  circular,   March  9,  1878,  5 

Copp's  L.  O.  35. 
Com'rG.  L.  O.,  circular,  Nov.7, 1879,6 Copp's 

L.  0. 144. 
Water-dams,  ferries,  d-c  : 

Broder?.  Water  Co.,  11  Otto,  274. 

Union  Mill  and  Mg.  Co.v.  Fen-is,  2  Saw.  C. 

C.  176. 

Wilcoxon  v.  McGhie,  12  Ills.  381. 
Hadden  v.  Strourz,  15  Ills.  581. 
Arimond  v.  Green  Bay  &  Miss.  Co.,  31  Wis. 

317. 
United  States  v.  Fanning,  Morris  (Iowa), 

348. 

Cloyes  v.  Keatts,  18  Ark.  19. 
Walker  v.  Armstrong,  2  Kans.  198. 
Eobertson  v.  Smith,  i  Montana,  410. 
Eush  v.  Jackson,  24  Cal.  308. 
Hobart  v.  Ford,  6  Nev.  77. 
Barnes  v.  Sabron,  10  Nev.  217. 
EJECTMENT— 

Conflicting  legal  titles  in : 

Henshaw  v.  Bissell.  18  How.  255. 
Miller  f.  Dale,  2  Otto,  473. 
Tulock  v.  Taylor,  £6  Ark.  54. 
Norton  v.  Blackenship,  5  Mo.  346. 
Webber  r.  Marshall,  1!)  Cal.  447. 
Smith  ».  Athern,  34  Cal.  5C6. 
Keeran  v.  Griffith,  34  Cal.  580. 
Equitable  title  independent : 

Singleton  r.  Touchard,  1  Black,  342. 
All  -on  v.  Hunter,  9  Mo.  749. 
Gluckauf  r.  Eeed.  22  Cal.  468. 
Page  v.  Hobbs,  27  Cal.  484. 
Tyler  v.  Green,  28  Cal.  406. 
Eeed  r.  Caruthers,  47  Cal.  31. 
Requisites  to  maintain  action  : 

Denise  r.  Euggles,  10  How  242. 
Fenn  v.  Holme,  21  How.  481. 
Hooper  v.  Scheimer.  23  How.  235. 
Singleton  r.  Touchard,  1  Black,  342. 
Van  Eeynegan  r.  Bolton,  5  Otto,  33. 
Snyderr.  Van  Sickles,  8  Otto.  203. 
Gunderson  v.  Cook,  33  Wis.  551. 
McLane  v.  Bovee,  35  Wis.  2* 
McClairen  r.  Wicker,  8  Ark.  1912. 
Gaiues  v.  Hale,  16  Ark.  9. 
Burke  v.  Gaines,  16  Ark.  27. 


CITATION    OF   DECISIONS. 


XV 


EJECTMENT— Continued. 

Requisites  to  maintain  action : 
Hector  v.  Gaines,  19  Ark.  70. 
Sweeptzer  v.  Gaines,  19  Ark.  96. 
Tulock  v.  Taylor,  26  Ark.  54. 
Gaither  v.  Lawson,  31  Ark.  279. 
Surginer  v.  Paddock,  31  Ark.  529. 
Hickman  v.  Gau,  1  Mo.  274. 
Sector  v.  Hatch,  1  Mo.  333. 
James  v.  Guino,  4  Mo.  458. 
Morton  v.  Blackenship,  5  Mo.  346. 
Cabnnne  v.  Lindell,  12  Mo.  184. 
Lands  v.  Perkins,  12  Mo.  238. 
Gray  v.  Gives,  26  Mo.  29 1. 
Davis  v.  Thompson,  36  Mo.  39. 
Bobbins  v.  Eckler,  36  Mo.  494. 
Morton  v.  Green,  2  Neb.  441. 
Sullivan  v.  Hense,  2  Colo.  424. 
Plume  v.  Seward.  4  Cal.  94. 
Gunn  v.  Bates,  6  Cal.  263. 
Baldwin  v.  Simpson,  12  Cal.  560. 
Bestres  v.  Brennan,  21  Cal.  423. 
Hutton  v.  Shumaker,  21  Cal.  453. 
Mahoney  v.  Van  Winkle,  21  Cal.  552. 
Galup  v!  Armstrong,  22  Cal.  480. 
Coleman  v.  Clements,  23  Cal.  245. 
Carpenter  v.  Thurston,  24  Cal.  268. 
Keeran  v.  Grffith,  27  Cal.  87. 
Davis  v.  Perley,  30  Cal.  030. 
Polack  v.  McGrath,  32  Cal.  15. 
Page  v.  O'Brien,  36  Cal.  559. 
Toland  v.  Mandell,  38  Cal.  30. 
Hughes  v.  Hazard,  42  Cal.  149. 
True  v.  Simpson,  42  Cal.  293. 
Young  v.  Shinn,  48  Cal.  26. 
Gallagher  v.  Eiley,  49  Cal.  437. 
Sacramento  Savings  Bank  v.  Hughes,  50 

Cal.  195. 

Steinway  v.  Eubio,  51  Cal.  41. 
Conlan  v.  Quinley.  51  Cal.  413. 
Kraft  v.  Galon,  9  Nev.  20. 
Op.  Att.  Gen.,  2  L.  I.  &  0. 157. 
When  decision  in,  conclusive  : 

Waterman  v.  Smith,  13  Cal.  373. 
National  Water  Co.  v.  Clarkin,  14  Cal.  543. 
Montgomery  v.  Whitney,  40  Cal.  294. 
When  patent  conclusive  in  : 

Polk's  lessee  v.  Wendell  et  al.,  9  Cranch, 

87. 
Polk's  lessee  v.  Wendell  et  al.,  5  Wheat. 

292. 

Hooinagle  v.  Anderson,  7  Wheat.  212. 
Patterson  v.  Winn,  11  Wheat.  380. 
Patterson  v.  Jenks,  2  Pet.  216. 
Stringer  et  al.  v.  Young's  lessee  et  al..  3 

Pet,  320. 

Boardman  v.  Reed  etal.,  6  Pot,  328. 
Hughes  v.  United  States,  11  How.  568. 
Baguell  v.  Broderick,  13  How.  436. 
Minter  v.  Crommelin,  18  How.  87. 
Field  v.  Seabury,  19  How.  323. 
Fenn  v.  Holme,  21  How.  242. 
Hooper  v.  Scheimer,  23  How.  235. 
United  States  v.  Stone,  2  Wall.  525. 
Hughes  v.  United  States,  4  Wall.  232. 
Johnson  v.  Towsley,  13  Wall.  72. 
Gibson  v.  Cluuteau,  13  Wall.  92. 
French  v.  Fyan,  3  Otto,  169. 
Moore  v.  Bobbins,  6  Otto,  530. 
Patterson  v.  Tatum,  3  Saw.  C.  C.  175. 
Eureka  Con.  Mg.  Co.  v.  Bichmond  Mg.  Co., 

4  Saw.  C.  C.  302. 
Clark  v.  Hull,  19  Mich.  356. 
Hedley  v.  Leonard,  35  Mich.  71. 
Parkison  v.  Buchen,  1  Pinney  (Wis.)  174. 
Schnee  v.  Schnee,  23  Wis.  377. 
Moore  v.  Hunter,  6  Ills.  317. 
Allison  v.  Hunter,  9  Mo.  749. 
Birch  v.  Gillis,  07  Mo.  102. 
Jenkins  v.  Gibson,  3  La.  Ann.  203. 
Masters  v.  Eustis,  3  Porter  (Ala.)  368. 
Arnold  v.  Grimes,  2  Greene  (Iowa),  77. 
The  State  *.  S.  C.  &  P.  E.  B.  Co.,  7  Neb. 

357. 

Smith  v.  Pipe,  3  Colo.  187. 
Summers  v.  Dickinson,  9  Cal.  554. 
Moore  v.  Wilkinson,  13  Cal.  478. 
Yount  v.  Howell  14  Cal.  465. 
Doll  v.  Meador,  16  Cal.  296. 


EJECTMENT— Continued. 
When  patent  conclusive  in : 

Ehodes  v.  Craig,  21  Cal.  419. 
Carder  v.  Baxter,  28  Cal.  99. 
Durfee  v.  Plaisted,  38  Cal.  80. 
Collins  v.  Bartlett,  44  Cal.  371. 
Beed  v.  Caruthers,  47  Cal.  81. 
Chant  v.  Reynolds,  49  Cal.  213. 
Weaver  v.  Fairchild,  50  Cal.  360. 
Cruz  v.  Martinez,  53  Cal.  239. 
EMINENT  DOM  A  IK  — 

Pollard's  lessee  v.  Hogan,  3  How.  212. 

Gold  Hill  Mg.  Co.  v.  Ish,  5  Oreg.  104. 

People  v.  Folsom,  5  Cal.  373. 

Hobart  v.  Ford,  6  Nev.  77. 

Com'r  G.  L.  O.,  ex  parte  Taylor  et  al.,  Nov. 

5, 1874,  7  Copp's  L.  O.  155. 
ENTRY— 

Application  and  tender : 

3  Op.  Att.  Gen.  211,  240 :  June  24,  1836, 2 

L.  I.  &  0. 209. 
Secretary  Interior,  Pardue  v.  Cox,  June  17, 

1859,1 'Lester,  353. 
Secretary  Interior,  McClnret?.  Dickinson, 

Aug.  31, 1858. 1  Lester,  561. 
Secretary  Interior,  ex  parte  Meyer,  March 

8, 1852, 1  Lester,  671. 
Secretary  Interior,  Baldwin  v.  Anderson, 

Dec.  31, 1855, 1  Lester,  674. 
Secretary  Interior,  ex  parte  Hicks,  June  21, 

I860,  7  Copp's  L.  O.  71. 
Com'r  G.  L.O.,  Brown  v.  Beynolds,  June  13, 

1837,  2  L.  1.  &  0. 128. 
Com'r  G.  L.O.,  Brown  v.  Beynolds,  June  29, 

1837,  2  L.  I.  &  0. 132. 
Com'r  G.  L.  O.,  instructions,  Jan.  23,  1816, 

2  L.  I.  &  0. 286. 
Com'r  G.  L.  O.,  instructions,  Aug.  2,  1833, 2 

L.  I.  &  0. 479. 
Com'r  G.  L.  O.,  instructions,  Aug.  12. 1833, 2 

L.  I.  &  O.  480. 

Com'r  G.  L.  O.,  instructions,  Dec.  30, 1833. 
Com'r  G.  L.O.,  Harris  v.  Owens,  2  L.  I.  &  O. 

489. 
Com'r  G.  L.  O.,  exparteYolley,  Aprils,  1858, 

1  Lester,  352. 
Com'r  G.    L.    O.,  circular,  June  17,  1875, 

Copp's  L.  L.  191. 
Com'r  G.  L.  O.,  ex  parte  Fosnat,   June  6, 

1874,  Copp's  L.  L.  653. 
Com'r   G.    L.  O.,  circular,  April  15,   1873, 

Copp's  L.  L.  669. 
Com'r  G.  L.   O.,   ex  parte  Hogden  et  al., 

Nov.  3,  1874,  Copp's  L.  L.  6^6. 
Cancellation  of: 

Gaines  v.  Thompson,  7  Wall.  347. 

McCarty  v.  Moran,  2  Dillon,  C.  C.  441. 

Gray  v.  McCanee,  14  Ills.  343. 

McGee  v.  Wright,  16  Ills.  557. 

Baltz  v.  Sale,  43  Ills.  351. 

Brill  v.  Stiles,  35  Ills.  305. 

Aldrich  v.  Aldrich,  37  Ills.  32. 

Bobbins  v.  Bunn,  54  Ills.  48. 

Newport  v.  Cooper,  10  La.  155. 

Bettis  v.  Amonett,  4  La.  Ann.  364. 

Wyun  v.  Garland,  16  Ark.  440. 

Morton  v.  Blackenship,  5  Mo.  346. 

Perry  v.  O'Hanlon,  11  Mo.  373. 

Hestres  v.  Brennan,  50  Cal.  211. 

Secretary  Interior,  Taylor  v.  Bell,  Dec.  15, 

1858, 1  Lester,  405. 
Secretary  Interior,  Dewey  v.  Allen,  Dec. 

13, 1858, 1  Lester,  406. 
Secretary  Interior,   Humphrey  v.  Stowe, 

Dec.  18, 18i,8, 1  Lester,  408. 
Secretary  Interior,  Deyo  v.  Beese,  Aug.  2, 

1859, 1  Lester,  694. 
Secretary  Interior,  Behme  v.  Donken,  Oct. 

23, 1872,  Copp's  L.  L.  253. 
Secretary  Interior,  Crystal  v.  Dahl,  April 

13, 1872,  Copp's  L.  L.  310. 
Secretary  Interior,  Eno  v.  McDonald,  Aug. 

5,  1874,  Copp'a  L.  L.  317. 
Secretary   Interior,  State   Cal.   v.  Floyd, 

Sept.  18, 1872,  Copp's  L.  L.  326. 
Secretary  Interior,  Sloan  v.  I.  F.  <fc  S.  C. 

B.  E.,  Copp's  L.  L.  416. 
Secretary  Interior,  Goodno  v.  L.  L.  &  G.  E. 

E.€o.,  March  31, 1874,  Copp's  L.  L.  430. 


XVI 


CITATION   OF    DECISIONS. 


ENTRY—  Continued. 
Cancellation  of: 

Com'rG.  L.  O.,  circular,  June  5, 1672,  Copp's 

L.  L. 239. 
Com'r  G.  L.  O..  circular,  June  25,  1869, 

Copp's  L.  L.  248. 
Com'rG.  L.  O., circular,  Jan.  5, 1875,  Copp's 

L.  L.  251. 
Com'r  G.    L.  O.,  circular,   June  13,    1872, 

Copp's  L.  L.  264. 
Confirmation  of: 

Secretary  Interior,  Pardue  v.  Cox,  June  17, 

1859, 1 'Lester,  353. 
Secretary  Interior,  ex  parte  Huggins,  Dec. 

27, 1858,  Zab.  L.  L.  4-26. 
Secretary  Interior,  ex  parte  Bostick,  Dec. 

2, 1859,~Zab.  L.  L.  4-29. 
Secretary    Interior,  ex  parte    Harbinson, 

July  12. 1876, 3  Copp's  L.  O.  ">4. 
Secretary  Interior,  ex  parte  Brown  et  al., 

June  27, 1878,  5  Copp's  L.  O.  101. 
Secretary  Interior,  ex  parte  Reed  etal.,  May 

2?,  Ib80,  7  Copp's  L.  O.  91. 
Com'r  G.  L.  O.,  circular,  Sept.  28,   1842, 

1  Lester,  368. 

Com'r  G.  L.  O.,  circular,  Oct.  3, 1846,  Zab. 

L.  L.  422. 
Com'r  G.  L.  O.,  ex  parte  Harbacb,  July  2, 

1859,  Zab.  L.  L.  4:27. 
Com'r  G.  L.  O.,  circular,  May  27,  1876,  3 

Copp's  L.  O.  52. 
Com'r  G.  L.  O.,  circular,  May  21,    1876,3 

Copp's  L.  O.  53. 
Correction  and  change  of: 
2  Op.  AttGen.  341. 
Secretary  Treasury,  circular,  Jan.  1, 1822, 2 

L.  I.  &  0. 357. 
Secretary  Treasury,  ex  parte  Taylor,  June 

20, 1S23,  2  L.  I.  &  O.  369. 
Secretary  Interior,  ex  parte  Baldwin,  Dec. 

31, 1855, 1  Lester,  074. 
Secretary   Interior,  instructions,  Jan.  28, 

1850,  1  Lester  688. 
Com'r  G.  L.  O.,  circular,  June  2,  1824,  2  L. 

I.  &  O.  379. 
Com'rG.  L.  O.,  circular,  March  13,  1825, 2 L. 

I.  &  O.  3?8. 
Com'r  G.  L.  O.,  ex  parte  Gauong,  Dec.  13, 

18-26,  2  L.  L  &  O.  400. 
Com'r  G.  L.  O.,  circular,  Aug.  31,  1830,  2 

L.  I  <fc  O.  429. 
Com'r  G.  L.  O.,  instructions,  Jan.  25, 1834, 

2  L.  I.  &.  O.  491. 

Com'r  G.  L.  O.,  circular,  July  23, 1849, 1  Les- 
ter, 323. 

Com'r  G.  L.  O.,  circular,  Jan.  9, 1854, 1  Les- 
ter, 670. 

Com'rG.  L.  O.,  circular,  June  5, 1872, Copp's 
L.  L.  •<#  9. 

Com'r  G.  L.  O.,  circular,  April  30,   1867, 
(Jopp'sL.  L.  818. 

Comrr  G.    L.    O.,   circular,  Jan.  19,  1854, 

Copp's  L.  L.  823. 
/        Com'r  G.  L.  O.,  circular,  Aug.  8,  1878,  5 

Copp's  L.  O.  134. 
Construction  of  : 

Meredith  v.  Picket,  9  "Wheat,  573. 

Dantorth  v.  Wear,  9  Wheat.  673. 

Chotard  v.  Pope,  12  Wheat,  586. 

Holmes  v.  Trout,  7  Pet,  171. 

Lattimer  v.  Poteet,  14  Pet,  4. 

Croghan's  lessee  v.  Nelson,  3  How.  187. 

Lindsay  v.  Hawes,  2  Black,  554. 

Warren  v.  Van  Brunt,  19  Wall.  646. 

Holmes  v.  Trout,  1  McLean,  C.  C.  1. 

Pettigrew  v.  Shirly,  9  Mo.  683. 
Effect  of: 

Bodley  r.  Taylor,  5  Cranch,  191. 

Polk's  lessee  v.  Wendal,  9  Cranch,  87. 

Finley  v.  Williams,  9  Cranch,  164. 

Ross  v.  Reed,  1  Wheat  482. 

Hooiuagle  v.  Anderson,  7  Wheat.  212. 

Elmendorf  r.  Taylor,  10  Wheat  152. 

Hunt  v.  Wickliffe,  2  Pc-t.  201. 

Peyton  v.  Stith,  5  Pet.  485. 

Hooper  et  al  v.  Scheimer,  23  How.  235. 

Witherspoon  v.  Duncan,  4  Wall.  210. 

Wirth  v.  Branson,  8  Otto.  118. 

Parker  ».  Wallace,  3  Ohio,  490. 


ENTRY—  Continued. 
Effect  of : 

Parker  v.  Dunn,  4  Ohio,  233. 

Jackson  v.  Williams,  10  Ohio,  69. 

Nisewanger  u.  Wallace,  16  Ohio,  557. 

Phelps  v.  Kellogg,  15  His.  231. 

McDowell  r.  Morgan,  28  Ills.  528. 

Brill  v.  Stiles,  35  Ills.  305. 

Wilson  v.  Byns,  77  Ills.  76. 

Silliman  v.  King,  36  Iowa.  207. 

Waters  v.  Bush,  -12  Iowa,  255. 

Rankin  v.  Miller,  43  Iowa,  11. 

Godeau  v.  Phillips,  3  La.  59. 

Orillion  v.  Deslonde,  9  La,  53. 

Lefebore  v.  Comeau,  11  La.  221. 

Kirby  v.  Fouleman,  16  La,  277. 

Gurdry  v.  Woods,  19  La.  334. 

Lett  v.'Prudhomme,  3  Rob.  (La.)  293. 

Baillis  v.  Burney,  3  Rob.  (La.)  317. 

Beaumont  v.  Covjngtou,  6  Rob.  (La.)  189. 

McGill  v.  McGill,  4  La.  Ann.  262. 

Terry  v.  Aeunen,  4  La.  Ann.  458. 

Knox  v.  Pulliam,  14  La.  Ann.  123. 

Bullock  v.  Wilson,  2  Porter  (Ala.)  436. 

Goodlet  v.  Smithson,  5  Porter  (Ala.)  245. 

Wright  v.  Swan,  6  Porter  (Ala.)  84. 

Witherspoon  v.  Duncan,  21  Ark.  240. 

Tulock  v.  Taylor,  26  Ark.  54. 

Surgiuer  r.  Paddock,  31  Ark.  529. 

Groom  v.  Hill,  9  Mo.  323. 

Evans  v.  Labaddie,  10  Mo.  267. 

Waller  v.  Von  Phul,  14  Mo.  84. 

Carman  v.  Johnson,  20  Mo.  108. 

Carman  r.  Johnson,  29  Mo.  84. 

McKean  v.  Crawford,  6  Kans.  112. 

McKean  v.  Massey,  6  Kans.  122. 

Franklin  v.  Kelly,  2  Neb.  79. 

Morton  r.  Green,  2  .Neb.  441. 

Nevada  v.  Phrades,  4  Nev.  312. 

Toung  0.  Shinu,  48  Cal.  26. 

Sacramento  Savings  Bank  v.  Hyms,  50  Cal. 

195. 

Picard  v.  Kelly,  52  Cal.  89. 
Fugy  v.  Hansley,  52  CaL  299. 
Secretary  Interior,  ex  parte  Lynde,  Aug.  4, 

1875,  Copp's  L.  L.  796. 
Secretary  Interior,  ex  parte  Hays,  May  8, 

1876, 3  Copp's  L.  0. 21. 
Secretary  Interior.  Plouch  v.  M.  R.  F.  S.  & 

G.  R.  R.,  Aug.  9, 1876, 3  Copp's  L.  O.  83. 
Secretary  Interior,  State  Iowa  v.  C.  R.  it  M. 

R,  R.  R.  et  al..  Aug.  24,  1876,  3  Copp's  L. 

0.84. 
Secretary  Interior,  Thomas  v.  St.  J.  &.  D. 

R.  R.,  Feb.  7, 1877, 3  Copp's  L.  0. 197. 
Secretary  Interior,  Pond  v.   S.  M.  R.  R., 

March  14, 1877,  4  Copp's  L.  L.  163. 
Secretary  Interior,  Scrogin  ».  Culver,  Dec. 

22, 1819,  7  Copp's  L.  O.  23. 
Com'r  G.  L.  O.,  exparte  Thompson,  Sept.  26, 

1874,  1  Copp's  L.  O.  99. 
Private  entry : 

2  Op.  Att,  Gen.  200. 

Secretary  Interior,  Pardue  v.  Cox,  June  17, 

1859, 1  Lester,  353. 
Secretary  Interior,  Ott  v.  Ton,  March  26, 

1850, 1  Lester,  382. 
Secretary  Interior,  Humphrey  v.   Stowe, 

Dec.  18, 1858, 1  Letter,  408. 
Secretary  Interior,  ex  parte  Neilson,  July 

17, 1871,  Copp's  L.  L.  212. 
Secretary  Interior,  ex  parte  Criss,  Nov.  20, 

1871,  Copp's  L.  L.  213. 
Secretary    Interior,   Paxton    v.  Davidson, 

March  8, 1872,  Copp's  L.  L.  214. 
Secretarv    Interior,   ex    parte    Woodman, 

March'lfi,  1870,  Copp's  L.  L.  216. 
Secretary  Interior,  Bovard  v.  Bunn,  Nov.  2, 


1871,  Copp's  L.  L.  803. 
ecretary  Im 


Secretary  Intel  ior,  ex  parte  Putnam,  Nov. 

30,  1877,  4  Copp's  L.  O.  146. 
Secretary  Interior,  Scrogin  v.  Culver,  Dec. 

22, 1879,  7  Copp's  L.  0. 23. 
Secretary  Interior,  exparte  Hicks,  June 21, 

1880,  7'Copp'sL.  O.  71. 
Com'r    G.  L.  O.,  circular,  June    17,  1875, 

Copp's  L.  L.  179. 
Com'r  G.  L.  0.,    circular,   Sept.  12,  1872, 

Copp's  L.  L.  215. 


CITATION   OF   DECISIONS. 


XV11 


ENTRY—  Continued. 
Private  en.  try  : 

Coiu'r  G.  L.  0.,  exparte  Patten,  April  14, 

1*72,  Copp's  L.  L.  -272. 
Coru'r  G.  L.  O.,  circular,  April   15,  1873, 

Copp's  L.  L.  667. 
Sales  of: 

Dunlap  v.  Dunlap,  12  Wheat.  374. 
What  constitutes : 

Matson  v.  flord,  1  Wheat.  130. 
Johuson  v.  Pannel's  ht-irs,  2  Wheat.  206. 
Sbipp  v.  Miller's  heirs,  2  Wheat.  31(5. 
Me  Arthur  v.  Browder,  4  Wheat.  488. 
Folk's  lessee  v.  Wendell,  5  Wheat.  293. 
Watts  v.  Liudsey's  heirs.  7  Wheat.  158. 
McDowells  Peyton,  10  Wheat.  454. 
Littlepagc  v.  Fo'wler,  11  Wheat.  215. 
Taylor's  devisee  v.  Owing,  11  Wheat.  226. 
McDonald's  heirs  v.  Smalley,  6  Pet.  261. 
Garnett^.  Jenkins,  8  Pet.  "t5. 
Hughes  v.  United  States,  4  Wall.  232. 
Hastings  v.  Stevenson,  2  Ohio,  9. 
Price  t>.  Johnston,  I  Ohio  St.  b90. 
Stubblefield  v.  Boggs,  2  Ohio  St.  216. 
Eogers  v.  Voss,  6  Iowa,  405. 
Gaines  v.  Hale,  16  Ark.  9. 
Burke  v.  Gaines,  Hi  Ark.  27. 
Rector  v.  Gaiues,  19  Ark.  70. 
Allison  v.  Hunter,  9  Mo.  7-49. 
Secretary  Interior,  ex  parte  Hays,  May  8, 

1876,  3 'Copp's  L.  O.  sil. 
Secrelary  Interior,  State  Iowa  v.  C.  E.  &M. 

E.  It,  k  et  aL,  Aug.  24,  1876,  3  Copp's  L. 

O.  84. 
Secretary  Interior,  Thomas  v.  St.  J.  &  D. 

E.  II.,  Feb.  7,  Ib77,  3  Copp's  L.  0. 191. 
Virginia,  under  law  of : 

Wilson  v.  Mason,  1  Cranch,  45. 
Perkins  v.  Eamsey,  5  Crauch,  269. 
Dunlap  T.  Dunlap.  12  Wheat.  574. 
Stringer  v.  Young's  lessee,  3  Pet.  320. 
Lindsey  v.  Miller's  lessee,  9  Pet.  666. 
Lindsey  v.  Miller's  lessee,  1  McLean,  C.  C. 

32. 

Parker  v.  Dunn,  4  Ohio,  233. 
Harlan  v.  Thatcher,  18  Ohio,  48. 
Latham  v.  Oiiry,  18  Ohio,  ]04. 
Price  v.  Johnson,  1  Ohio  St.  390. 
Stubblefield  v.  Boggs,  2  Ohio  St.  216. 
Wood  v.  Ferguson,  7  Ohio  St.  288. 
EVIDENCE— 

Description  and  boundaries ; 

Meredith  v.  Picket,  9  Wheat.  573. 
Boardman  v.  Eeed  et  al ,  6  Pet.  328. 
Mackey  v.  Dillon,  4  How.  421. 
Coon  v.  Penu,  I  Peters,  C.  C.  49H. 
Haimer  v.  Morris,  I  McLean,  C.  C.  44. 
Alshire  v.  Hulse,  1  Ohio,  170. 
McCoy  v.  Galloway,  3  Ohio,  282. 
Buckey  v.  Wolcot't,  1  Doug.  (Mich.)  19. 
Moore  v.  People,  2  Doug.  (Mich.)  420. 
Britton  v.  Terry,  14  Mich.  53. 
Stewart  v.  Carl'eton,  31  Mich.  270. 
Moreland  v.  Pa<zo,  2  Iowa,  139. 
Gay osos  v.  Baldwin,  8  Martin,  (La.)  658. 
Weaver  v.  Eobinett,  17  Mo.  459. 
Pat<nt: 

Eichart  v.  Phelps,  6  Wall.  160. 
Morrow  v.  Whitney,  5  Otto,  551. 
Wythe  v.  Haskell,  3  Saw.  C.  C.  574. 
Hardy  v.  Harbin,  4  Saw  C.  C.  536. 
Chapman  v.  School  Dist.  No.  1, 1  Deady,  C. 

C. 108. 

Miliker  v  Starling,  16  Ohio,  61. 
Platt  v.  Haner,  27^Mich.  167. 
Johnson  v.  Ballou,  28  Mich.  379. 
Parkinson  v.  Brocken,  1  Piuney  (Wis.)  174. 
Reynolds  v.  Weis.  27  Wis.  450. 
Sexton  v.  Appleyard,  34  Wis.  235. 
Cavender  v.  bmith,  3  Greene  (iowa),  349. 
Blumeuthal  v.  Roll,  24  Mo.  113. 
H.  &  St.  J.  E.  E.  Co.  v.  Smith,  40  Mo.  310. 
Eose  v.  Davis,  1 1  Cal.  133. 
Jenny  Lind  Co  v.  Bower,  11  Cal.  194. 
Le  Blanc  v,  Ludrique,  14  La.  Ann.  772. 
Barton  v.  Mnssain,  27  Mo.  235. 
Callaway  v.  Trash,  50  Mo.  420. 
Ely  v.  Frisbie,  17  Cal.  250. 
Galup  v.  Armstrong,  22  Cal.  480. 

II  L  Q — VOL.  II 


EVIDENCE—  Continued. 
Patent: 

Hestres  v.  Brennan,  37  Cal.  385. 

Vance  v.  Kohlberg,  5U  Cal.  346. 
In  case  of  grant ; 

Eoss  v.  Eeed,  1  Wheat  482. 

United  States  o.  Delespine's  heirs,  12  Pet 
654. 

Wat  kins  v*  Holman,  1C  Pet.  25. 

United  States  v.  King,  3  How.  773. 

United  States  ®.  Le  Blanc,  12  How.  435. 

United  States  v.  Peralta,  19  How.  343. 

United  States  v.  Sutter,  21  How.  1<0. 

United  States  v.  Teschmaker,  22  How.  392. 

United  States  v.  Pico,  22  How.  406. 

Dalton  v.  United  States,  22  How.  436. 

Fuentes  v.  United  States,  22  How.  443. 

United  States  v.  Castro,  2 1  How.  346. 

United  States  v.  Neleigh,  I  Blnck,  298. 

United  States  v.  Auguisola,  I  Wall.  352. 

Eomero  v.  United  States,  L  Wall.  721. 

Pico  v.  United  States,  2  Wall.  279. 

Peralto  'v.  United  States,  3  Wall.  434. 

United  States  «.  Polack,  1  Hoff.  L.  Cas.  284. 

Chapau  v.  Dowry,  9  Mich.  381. 

Le  Blanc  v.  Victor,  3  La.  44. 

Lavergue  v.  Elkins,  17  La.  220. 

Hallet  v.  Heirs  of  Eslava,  3  Stew.  &  Port. 
(Ala.)  105. 

Moss  v.  Anderson,  7  Mo.  337. 

Clarksou  v.  Buchanan,  53  Mo.  563. 

Lockwood  v,  H.  &  St.  J.  E.  E.  Co.,  65Mo.  233. 

Birch  v.  Gillis,  67  Mo.  102. 

Gunn  v.  Bates,  6  Cal.  263. 

Pierce  v.  Wallace,  18  Cal.  165. 

So  to  v.  Kroder,  19  Cal.  87. 

Downer  v.  Smith,  24  Cal.  114. 

Thornton  v.  Thompson,  28  Cal.  602. 

Eobinson  v.  Forrest,  29  Cal.  317. 

Eice  v.  Cunningham,  29  Cal.  492. 

Donner  v.  Palmer,  31  Cal.  501. 
Certified  copies-- 

Patterson  v.  Winn,  5  Pet.  233. 

United  States  v.  Wiggins,  14  Pet.  334. 

United  States  v.  Rodman,  15  Pet.  130. 

United  States  v.  Delespine's  heirs,  15  Pet. 
226. 

United  States  v.  Acosta,  1  How.  24. 

Hedrick  v.  Hughes,  15  Wall.  123. 

Smith  v.  Mosier,  5  Blackf.  (Ind.)  51. 

Doe  v.  Hildreth,  2  Ind.  274, 

Lane  v.  Bommelman,  17  Ills.  95. 

Deury  v,  Campbell,  4  Mich.  565. 

Gilman  v.  Eiopelle,  18  Mich.  144. 

Clark  v.  Hall,  19  Mich.  350. 

Boyce  v.  Stambaugh,  34  Mich.  348 

Bovee  ».  McLean,  24  Wis.  225. 

Ansley  v.  Peterson,  30  Wis.  653. 

McLean  v.  Bovee,  35  Wis.  27. 

Kelly  v.  Wallace,  14  Minn.  236. 

Was'hburn  v.  Mendenhall,  21  Mino.  332. 

Bellows  v.  Todd,  34  Iowa,  18. 

Judice  v.  Chretien,  3  Eob.  (La.)  15. 

Ryder  v.  lunerarity,  4  Stew.  &  Port.  (Ala.) 

Innerarity  v.  Minis'  heirs,  1  Ala.  660. 

Stephens'^.  Westwood,  25  Ala.  716. 

Johnson  v.  Mays,  8  Ark.  386. 

Bryan  v.  Wear,  4  Mo.  106. 

Eoussin  v.  Parks,  8  Mo.  5-28. 

Barton  v.  Mussain,  27  Mo.  235. 

Gregory  v.  McPherson,  13  Cal.  562. 

The  Natoma  Water  Co.  v.  Clarkiu,  14  Cal. 

543. 

Young  v.  Emerson,  18  Cal.  416. 
Soto  v.  Kroder,  11)  Cal.  87. 
Glaswood  v.  Hastings,  38  CaL216. 
Local  laws  and  customs : 

Eoberts  v.  Wilson,  1  Utah,  292. 
Sullivan  v.  lleuse,  2  Colo.  427.. 
Fairbanks  v.  Wood  house,  6  CaL  433. 
Eoach  v.  Gray,  16  Cal.  383. 
Attwood  v.  Tricet,  17  Cal.  38. 
Swamp  lands : 

H.  &  St.  J.  E.  E.  Co.  v.  Smith,  40  Mo.  310. 
Clarkson  v.  Buchanan,  53  Mo.  563. 
Lockwood  v.  H.  &  St.  J.  E.  E.  Co  ,  65  Mo. 

232. 
Funkhouser  v.  Peck,.  67  Mo.  20. 


XV111 


CITATION   OF   DECISIONS. 


EVIDENCE— Co,,  tinned. 
Swamplands: 

Birch  r.  Gillis,  67  Mo.  102. 

Thoi-nton  r.  Thompson,  28  CaL  602. 

Robinson  c.  Forrest.  29  CaL  317. 

Keeran  r.  Allen,  33  CaL  542. 

Thompson  r.  Thornton,  50  CaL  142. 
Certificate  of  survey*  and  copies  : 

Taylor  <fc  Quarles  v.  Brown,  5  Crancb,  234. 

Blake  et  at.  v.  Doherty  et  al.,  5  Wheat.  359. 

Ellirott  v.  Pearl,  10  Pet.  412 

United  States  r.  Ere  ward,  1C  Pet.  143. 

United  Slates  v.  Hanson,  1C,  Pet.  19C. 

Johnston  r.  Jones,  1  Black,  209. 

Doe  r.  Hildretb,  2  Ind.  274. 

Lawrence  v.  Grout.  12  i  a.  Ann.  835. 

Harmon  v.  Eddiu,  3  Stesvart  (Ala.)  192. 

Cnrdoff  r.  Orms,  7  Port.  (Ala.)  5a 

Ashley  v.  Rector,  20  Ark.  359. 

Rector  v.  Hatch,  1  Mo.  3J3. 

Bryan  r.  Wear,  4  Mo.  106. 

Trotter  r.  Bfd  of  St.  Louis,  9  Mo.  69. 

Ott  v.  Soulard,  9  Mo.  5-1. 

McGill  r.  Somers,  15  Mo.  80. 

City  of  St.  Louis  v.  Touey,  21  Mo.  243. 

Milburn  r.  Hardy,  2c<  Mo.  514. 

Clark  r.  Hammerle,  36  Mo.  t>20. 

Hensley  v.  Tapley,  7  Cal.  288. 

Megerle  r.  Ashe,  3J  Cal.  74. 

Poppe  v.  Athearn.  42  CaL  606. 
Public  records  : 

Line  v.  Botnmelman,  17  Ills.  95. 

Lacey  r  Davis,  4  Mich.  140. 

Gilman  r.  Riopelle,  18  Mich.  144. 

Bradley  r.  Silsbie,  33  Mich.  :w=. 

Sands  r. Davis,  40  Mich.  14. 

McLean  r  Bovee.  35  Wis.  27. 

Dutillet  v.  Blanchard.  14  La,  Ann.  97. 

Stephens  v.  AYestwood,  25  Ala.  716. 

Finlry  v.  Woodruff,  8  Ark. 

Wright  v.  Thomas,  4  Mo.  577. 

Clark  v.  Bammerle,  27  Mo.  55. 

Conner  r.  McPhee,  1  Montana,  73. 

Donner  v.  Palmer,  31  CaL  501. 
Fraud  • 

Jamison  v.  Doe,  4  Ills.  113. 
Certificate  of  land  ojficer : 

Wilcox  r.  Ivinzre,  4  Ills.  218. 

Russ-11  r.  \\rhiteside.  5  His.  7. 

Carson  r.  Merle,  5  Ills.  363. 

Delanny  v.  Burnett,  9  Ills.  454. 

Gates  v.  Winslow,  I  Wis.  555. 

Bigelow  i-.  Blake,  18  Wis.  520. 

Fairand  v.  C.  <fc  X.W.  R.  R..  21  Wis.  435. 

Ansley  v.  Peterson,  30  Wis.  653. 

McLean  i-.  Bovee,  35  Wis.  27. 

Dorm  an  i:  Ame*,  12  Minn.  4.11. 

Arnold  v.  Grimes,  2  Greene  (Iowa),  77. 

Calender  v.  Smith,  3  Greebe  (Iowa),  349. 

Godeau  r.  Phillips,  3  La.  59. 

Newport  r.  Cooper,  10  La   155. 

Lesapier  r  Dasidell,  14  La.  467. 

Gurdry  i-.  Woods,  19  La.  334. 

Beuniout  r.  <  ovington.  6  Rob.  (La.)  189. 

Lawience  r.  Grout,  12  La.  Ann.  835. 

Ryder  r.  Inn-  rarity,  4  Stew.  &,  Port.  (Ala.) 

Bullock  v.  Wilson,  2  Port.  (Ala.)  436. 

Floyd  r.  Ricks,  14  Ark. 

•Gui-no  f.  Janes,  6  ilo.  330. 

Mack  lot  r.  Dnbreo.il,  9  Mo.  477. 

Montgomery  r.  Laudusky,  9  Mo.  714. 

McGill  r.  Somers,  15  Mo.^  eO. 

Cannau  v.  Johuson.  2'J  Mo.  84. 

H.  &  St.  J.  11.  II.  Co.  r.  Smith,  40  Mo.  310. 

Williams  o.  Carpenter,  42  Mo.  327. 

Mas.-ev  /•.  Smiih,  (4  Mo.  :'.47. 

Funkuouser  r.  Peck,  07  Mo.  20. 

Want  r.  Moorlv,  1  Wash.  TV.  122. 

Buttertield  p.  C.  P.  li.  II.  Co.,  31  Cal.  264.      i 

Hastings  r.  Devlin,  4.1  Cal. 

Slaughter  r.  Fuwler.  41  Cal.  1!  5. 

McDonald  v.  Edmunds,  44  CaL  328. 

Young  i:  Shinn,  48  Cat.  26. 
Declarations: 

Barclay  v.  Howell's  lessee,  6  Pet.  4P8. 

Ellicott  r.  Pearl.  10  Pet.  412. 
Handier  ii  in  g ; 

Strothex  v..  Lucas,  6  Pet.  763. 


EVIDENCE— Continued. 
Handwriting: 

United  States  v.  Osio,  23  How.  273, 
Tinted  States  v.  Moreno,  1  Wall.  400. 
Bryan  v.  Wear,  4  Mo.  106. 
Downer  v.  Smith,  24  CaL  114. 
Hearsay : 

Coon  r.  Penn,  1  Peters,  C.C.  496. 
Ellicott  v.  Pearl,  1  McLean,  C.  C.  206. 
Stockton  v.  Williams,  1  Doug.  (Mich.)  546. 
Clark  v.  Hammerle,  *£l  Mo.  55. 
Cancellation : 

Batler  r.  State,  6  Ind.  165. 
Doe  r.  Stephenson,  9  Ind.  144. 
Bovee  r.  McLean,  24  Wis.  225. 
Ansley  v.  Peterson,  30  Wis.  653. 
Newport  '•.  Cooper,  10  La.  15o. 
Gurdry  v.  Woods,  19  La.  334. 
FLOUR    OY,  ALFRED— 

Act  for  relief  of ;  2  Op.  Att.  Gen.  44. 
FORFEITURE— 

United  States  r.  Reading,  18  How.  1. 
United  States  r.  Larkiu  tt  al.,  Is1  How.  557. 
Schulenberg  v.  Harrirnan.  21  Wall.  44. 
McMickeu  c.  United  States,  7  Otto,  204. 
Platt  v.  U.  P.  R.  R.,  9  Otto   4-. 
Schulenberg  v.  Harriinaii,  2  Dillon,  C.  C. 

:J,98. 

Woodbury  v.  Dorman.  15  Minn.  338. 
Godeau  r.  Phillips,  3  La.  59. 
Mar*h  v.  Gonsoulin,  16  La,  84. 
Kirby  r.  Fogleman,  16  La.  277. 
Ludeling  v.  Vester,  20  La.  Ann.  433. 
MUT  dock  r.  Gurley,  5  Rob.  (La.)  467. 
Gill  P.  Taylor,  3  Port.  (Ala.)  J?2. 
Rogers  v.  Rawlings  ct  al.,  ti  Port.  (Ala.)  325. 
Comm'rs,  «fec.  r.  \Vau-zop-pe-che,  3  Kans. 

364. 

People  v.  Folsom,  5  Cal.  373. 
Fairbanks  r.  Woodhouse,  6  Cal.  433. 
Waring  r.  Crow,  11  Cal.  366. 
Kimball  r.  Gearbart,  12  Cal.  27. 
'Vv  aterman  r.  Smith,  13  Cal.  373. 
Gregory  r.  McPherson.  l:i  CaL  562. 
Coleman  v.  Clements,  23  Cal.  24-3. 
Wiseman  r.  McXulty,  25  Cal.  230. 
St.  John  v.  Kidd,  26  Cal.  264. 
Borland  r  Lewis,  4  J  Cal.  569. 
Morenhaut  >:.  Wilson.  52  Cal.  226. 
Secretary  Treasury,  instructions,  July  31, 

1801,  2  L.  I.  i  O.'--"-!-. 
Secretary  Treasury,  instructions,  April  11, 

le04,2'L.I.  &O.240. 
Secretary  Treasury,  instructions,  Oct.  16, 

1??04.  2'L.  I.  &  O.  247. 
Secretary  Interior,  Noel  r.  Pepper,  Feb.  3, 

1859,  I'Lester,  409. 
Secretary  Interior,  Johnson  v.  Doyle,  June 

17,  185'J,  1  Lester,  414. 
Secretary  Interior,  Raph  >:.  Hudgens  et  al., 

Oct.  2o,  1858,  1  Lester,  4:23. 
Secretary  Interior,  Webster  r.  Sutherland, 

Oct.  19,  1~72,  Copp's  L.  L.  312. 
Secretary  Interior.  Catal  i  r.  Austin  et  al., 

Oct.  la,  1874,  1  Copp's  L.  O.  115. 
Secretary  Interior,  Bell  ,\  <J.  K.  I.  &  P.  R. 

R.,  Aug.  31,  1876,  3  Copp's  L.  O.  1C.;. 
Secretary  Interior,  cxparle  Dudyuiott.  July 

23,  187f,  5  Copp's  L.  O.  69. 
Secretary  Interior,  ex  parte  S.  M.   R.  R., 

Dec.  5,'  Ia79,  6  Copp's  L.  O.  156. 
Secretary  Interior,  ex  parte  S.  M.  R.  R., 

Nov.  29,  1879. 
Secretary  Interior,  ex  parte  A.  &  P.  R.  R., 

Oct.  26,  Ifr80. 
Com'r  G.  L.  O.,  instructions,  June  23,  1816, 

2  L.  I.  &,  O.  266. 
Com'r  G.  L.  O  ,  circular,  June  1,  lf-21,  2  L. 

I.  &  O.  307. 
Com'r  G.  L.  O.,  circular,  June  15, 1S21,  2  L. 

L  &  O.  313. 
Coiu'i-  G.  L.  O.,  circular,  July  3,   1821,  2  L. 

I.  ^  O.  330 
Com'r  G.  L.  O.,  circular,  July  21,  1821,  2  L. 

I.  &  O.  339. 
Com  rG.  L.  O.,  instructions,  Aug.  10, 1821, 

2L.  I.  <t  O.  :J4.>. 
Com'r  G.  L.  O.,  circular,  Aug.  17  1821,  2  L. 

1.  <fc  O.  331. 


CITATION    OF   DECISIONS. 


XIX 


FORFEITURE—  Cont  inued. 

Com'r  G.  L.  O.,  circular,  March  14,  1823,  2 

L.  I.  &.  O.  365. 
Com'r  G-.  L.  O.,  circular,  Oct.  23,  1823,  2  L. 

I.  &  0.  404. 
Com'r  G.  L.  O.,  circular,  July  28,  1828,  2  L. 

I.  &  O.  409. 
Com'r  G.  L.  O.,  instructions,  Sept.  22, 1828, 

a  L.I.  &O.  415,418. 
Com'r  G.  L.  O..  instructions,  April  0,  1829,  2 

L.  I  &  O.  417. 
Com'r  G.  L.  O.,  instructions,  May  23,  1829, 

2L.  1.  &O.418. 
Com'r  G.  L.  O.,  ex  parte,  Stirling,  March  1, 

Ie34,  2  L.  I.  &  O.  4J3. 
Com'r  G.  L.  O.,  ex  parte  Ilarbach.  July  2, 

18.39,  I  Lester,  490. 
Com'r  G.  L.  O.,  ex  parte  Slieats,  Feb.  23, 

Je75,  Copp's  L.  L.  387. 
Com'r  G.  L.  O.,  ex  parts  Mills,  Sept.  15, 

Ib73,  Copp's  L.  L.  417. 
Coiu'r  G.  L.  O.,  ex  parte  L.  L.  &  G.  E.  E., 

Out.  *,  Ib74,  1  Copp's  L.  O.  115. 
Com'r  G.  L.  O.,  liill  v.  Sr.  P  &  P.  E.  E., 

Aug.  19,  1873,  2  Copp's  L.  O.  118. 
Com'r  G.  L.  O.,  ex  parte.  S.  &  C.  11.  E.,  Dec. 

29,  1 875,  3  Copp's  L.  O.  73. 
Com'r  G.  L.  O.,   ex  parte  M.  &  G.  E.  E., 

Nov.  25,  1868. 
Com'r  G.  L.  O.,  ex  parte  P.  &  G.  E.  E., 

Jan.  12, 1869. 
Corn'r  G.  L.  O.,  ex  parte  S.  E.  &  D.  E.  E., 

Jan.  29,  1861). 
Com'r  G.  L.  O.,  ex  parte  M.  &  G.  E.  E.,  Nov. 

16, 1870. 
Com'r  G.  L.  0.,  ex  parte  M.  &  G.  E.  E.,  Nov. 

29,  1870. 
Com'r  G.  L.  0.,  ex  parte  V.  &M.  E.  E.,  Dec. 

2, 1870. 
Com'r  G.  L.  O..  ex  parte.  St.  C.  &  L.  S.  E. 

E.,  April  2,  Idi3. 
Com'r  G.L.O.,ro;  parte  L.  L.  &  G.  E.  E., 

May  2,  Ib73. 
Com'r  G.  L.  O.,  ex  parte  L.  L.  &  G.  E,  E., 

May  5, 1873. 
FORGERY— 

United  States  v.  Eeese,  4  Saw.  C.  C.  629. 
Sill  v.  Russ,  47  Cal.  295. 
FRAUD— 
Entry : 

Massie  v.  Watts,  6  Cranch,  148. 

Garland  v.  Wyuu,  20  How.  G. 

State  of  Minnesota  v.  Bachelder,  1  "Wall. 

109. 

Eross  v.  Wiley,  C  Wis.  485. 
Rogers  v.  Voss,  6  Iowa,  405. 
De  Land  v.  Day,  45  Iowa,  37. 
Kuox  v.  Puliiani,  14  La.  Ann.  123. 
Lytle  v.  State,  17  Ark.  (J03. 
Bird  v.  Ward,  1  Mo.  398. 
Stuart  v.  Rector,  I  Mo.  381. 
Adams  v.  Lapsey,  3  Op.  Att.  Gen.  182. 
Secretary  Interior,  Me^ider  v.  State  Cal., 

Nov.  17,  Ib71,  Copp's  L.  L.  3-27. 
Secretary  Interio  ,  ex  parte   Warwick  & 

Davis.  May  29,  1874,  Copp's  L.  L.  751. 
Secretary  Interior,  ex  parte  Gurwell,  Jan. 

14,  1873,  Copp'u  L.  L.  814,  817. 
Secretary  Interior,  ex  parte  Bunton,  Oct.  20, 

1873,  Copp's  L.  L.  815. 
Secretary  Interior,  ex  parte  Eickard,  Jan. 

19.  1B71S,  a  Copp's  L.  O.  K.3. 
Secretary  Interior,  ex  parte  Guineau,  Feb. 

11,  i88i»,  7  Copp's  L  O.  8. 
Secretary  Inteiiur,  Wliitaker  v.  S.  P.  E.  E  , 

July  27, 1880,  7  Copp's  L.  O.  85. 
Com'r  G.  L.  O,  circular,  April  25,  1873, 

Copp's  L.  L.  793. 
Foreign  grants: 

United  S'ates  v.  Larkin.  18  How.  557. 
United  States  v.  Galbraith  ct  al.,  2  Black, 

394.  « 

United  States  v.  Johnson,  1  Wall.  "26. 
United  States  v.  Gomez.  3  Wall.  752. 
United  States  v.  Flint  et  al,  4  Saw.  C.  C. 

42. 

Hardy  v.  Harbin,  4  Saw.  C.  C.  536. 
Op.  Att.  Gen.,  ex  parte  De  Feriot,  July  28, 
1838,  *  L.  I.  &  O.  1040. 


FE  A  UD— Continued. 
Warrants : 

1  Op.  Att.  Gen.  326 ;  2  id.  501 ;  7  id.  657. 
Patents: 

Stringer  v.  Young's  lessee,  3  Pet.  320. 
Stoddard  v.  Chambers,  2  How.  284. 
Field  v.  Seabury,  19  How.  323. 
Garland  v.  Wyun,  20  How.  6. 
Spencer  v.  Lapsley,  20  How.  264. 
State  of  Minnesota  v.  Bachelder,  1  Wall.  109. 
Moore  v.  Eobbins,  6  Otto,  530. 
Norton  <;.  Meader,  4  Saw.  C.  C.  603. 
Godfrey  v.  Beardsley,  2  McLean,  C.  C.  412. 
Nelson  v.  Aloore,  3  McLean,  C.  C.  319. 
Seabury  v.  Field,  1  McAllister,  C.  C.  60. 
Lafnont  v.  Stimsou,  3  Wis.  545. 
Statoof  Minnesota  v.  Bachelder,  5Minn.223. 
Arnold  v.  Grimes,  2  Greene  (Iowa),  77. 
Bissoii  v.  Currey,  35  Iowa,  72. 
Kittridge  v.  Breand,  4  Hob.  (La.)  79. 
McGiil  v.  McGill,  4  La.  Ann.  262. 
Cannon  v.  White,  1G  >-a.  Ann.  85. 
Cunningham  v.  Ashley,  12  Ark.  296. 
Wyim  v.  Garland,  16  Ark.  440. 
Ca  man  v.  Johnson,  29  Mo.  84. 
1  Op.  Att.  Gen.  69SJ ;  2  id.  501. 
WJict  constitutes,  and  e/ect  of: 

United  States  v.  Arredondo,  6  Pet.  691. 

Jamison  v.  Doe,  4  Ills.  113.- 

Stannar  v.  McCarty,  Morris  (Iowa),  124. 

City  of  Oakland  v.'Carpentier,  21  Cal.  642. 

Hollinshed  v.  Simms,  51  Cal.  158. 

Op.  Att.  Gen.,  April 27,  1822,  2  L.  I.  &  0. 160. 

Secretary  Interior,  Collar  v.  Lake,  Feb.  10, 

185;),  I  Lester,  390. 
FEENCH  EMIGRANTS— 

White  v.  St.  Guisons,  Minor  (Ala.)  331. 
Jenkins  v.  Noel,  3  Stewart  (Ala.)  CO. 
Secretary  Treasury,  instructions,  Nov.  10, 

1817,  2 'L.  I.  &O.  293. 
Secretary  Treasury,  instructions,  March  3, 

1835,2'L.  I.  &  O.  60,6. 
Com'r  G.  L.  O.,  instructions,  Sept.  26, 1831, 

2  L.  I.  &  O.  455. 
Com'r  G.  L.  O.,  instructions,  March  27, 1833, 

2  L.  I.  &  0.  472. 
Com'r  G.  L.  O.,  instructions,  Aug.  22, 1833, 

2  L.I.  &O.  481. 
Com'r  G.  L.  O.,  instructions,  Oct.  14, 1833,  2 

L.  I.  &  0. 485. 
Com'r  G.  L.  O.,  instructions,  June  24, 1834, 

2  L.  I.  &  O.  496. 
Com'r  G.  L.  O.,  instructions,  March  12, 1835, 

2  L.  I.  &  0. 507. 
Com'r  G.  L.  O.,  instructions,  April  22, 1837, 

2  L.  I.  &  O.  .'-35. 
Coiu'r  G.  L.  O.,  instructions,  March  18, 1837, 

2  L.  I.  &  O.  537. 
Com'r  G.  L.  O.,  instructions,  Oct.  8,  1831,  2 

L.  I.  &  O.  !J25. 
Coia'r  G.  L.  0  ,  instructions,  April  22, 1837, 

2  L.  I.  &  O.  982. 
GALENA,  CITY  OF— 

Moorehouse  v.  Phelps,  21  How.  294. 

Delanney  v.  Burnett,  9  Ills.  454. 

Com'r  G.  L.  O.,  instructions,  July  18, 1836,  2 

L.  I.  &  O.  5<il. 
GEORGETOWN,  CITY  OF— 

Georgetown  v.  Glaze,  3  Colo.  230. 
Tucker  v  McCoy,  3  Colo.  284. 
GEADUATION— 

Gaston  v.  Cannada,  39  Mo.  357. 

7  Op.  Att.  Gen.  351. 

Secretary  Interior,  instructions,  Sept.  18, 

1>  55, 1  Lester,  479. 
Secretary  Interior,  ex  parte  Puckett,  Jan. 

17,  1857,  1  Lester,  480. 
Secretary  Interior,  instructions,  Sep.t.  14, 

1858,  l  Lester,  481. 

Com'r  G.  L.  O  ,  circular,  Oct.  30, 1854, 1  Les- 
ter, 4G6. 

Com'r  G.  L.  0.,  circular,  May  1, 1855, 1  Les- 
ter, 470. 
Com  r  G.  L.  O.,  instructions,  May  19,  1855, 

1  Lester,  472. 

Com'r  G.  L.  O.,  circular,  Jan.  23, 1856, 1  Les- 
ter, 473. 

Com'r  G.  L.  0.,  circular,  April  7, 1856, 1  Les- 
ter, 475. 


XX 


CITATION    OF   DECISIONS. 


GRADUATION-  Con  timted. 

Com'r  Gr.  L.  O.,  circular,  March  21,  1657, 

1  Lester,  476. 

Com'r  G.  L.    O.,    instructions,    Sept.   18, 
1857,  1  Lester,  509  ;  note. 

Com'r  G.  L.  O.,  circular,  Oct.  3,1854,1  Les- 
ter, 510. 

Com'r  G.  L.  O.,  State  Mo.  v.  Davis,  May  5, 

1874,  1  Copp's.  L.  0. 39. 
GREEN  BAY— 

Confirmation  of  private  land  claims  at— 

Whitney  v.  Gunderson,  31  Wis.  359. 

Whitney  v.  Nelson,  33  Wis.  365. 

Whitney  v.  Morrow,  34  Wis.  644. 

Instructions,  Nor.  12,  1635,  2  L.  I.  &  O.  617. 

Com'r.  G.  L.  O-,  instructions,  Sept.  9, 1836, 

2  L.  I.  &,  O.  639. 
GREENSBURG  LAND  DISTRICT— 

Entries  in : 

Watterston  v.  Bennett,  18  La.  Ann.  250. 
Com'r  G.    L.    O.,  instructions,    Aug.   22, 

1637,  2  L.  L  &  0. 1015. 
Erroneous  surveys  in  : 

Com'r  G.  L.  O.,  instructions,  Nov.  23, 1837, 2 

L.  L  &  O.  998. 
HOT  SPRINGS— 

Hale  v.  Gaines  et  al.,  22  How.  144. 

Rector  et  al.  v.  United  States,  2  Otto,  698. 

Duiras  v.  Wassell,  1  Dillon.  C.  C.  213. 

Gaines  v.  Rector,  26  Ark.  168. 

Op.  Att.  Gen  ,  Jan.  17. 1878. 

Secretary  Interior,  ex  parte  Miller  et  al., 

Sept.  23, 1875, 2  Copp's  L.  O.  100. 
ICE— 

The  State  v.  Pottmeyer,  33  Ind.  402. 

Waterworks  Co.  of  Indianapolis  et  al.  v. 

Burkhart  et  al.,  41  Ind.  304. 
IMPROVE  ME  is  TS— 
Compensation  f 01  : 

Chinn  v.  Darnell,  4  McLean,  C.  C.  440. 

Davis  v.  Hopkins,  15  Ills.  519. 

Ke-llam  v.  Rippley,  3  Rob.  (La.)  138. 

Duneau  r.  Hall,  l»  Ala.  12'. 

Russell  r.  Defrance,  39  Mo.  506. 

Krause  i\  Means,  12  Kans.  335. 

Lernert  c.  Barnes,  18  Kaus.  9. 

Maynes  r.-.Veale,  20  Kans.  324. 

Page  v.  Fowler,  28  Kans.  605. 

1  Op.  Att- Gen.  300, 352. 
Sale  of: 

Dupas  v.  Wassell,  1  Dillon,  C.  C.  213. 

Langdon  r.  Joy,  4  Dillon.  C.  C.  391. 

Boston  r. -Dodge,  1  Blackf.  (Ind.)  18. 

Test  v.  Weir,  4  Blackf  (Ind.)  135. 

Ward  r.  Burr,  5  Blackf.  (Ind.)  163. 

Hill  r.  Smith,  Morris  (Iowa),  70. 

Freeman  v.  Hoi li day,  Morris  (Iowa),  80. 

Bowman  v.  Torr,  3  Iowa,  571. 

Spry  v.  Sleppy,  15  Iowa,  409. 

Nouten  r.  Perkins,  3  Rob.  (La.)  233. 

Jenkins  r.  Gibson,  3  La.  Ann.  203. 

Hollon  v.  Sapp,  4  La.  Ann.  519. 

Bryan  r.  Glass.  6  La.  Ann  740. 

Shaw  r.  Boyd,  1  Stew.  &  Port  (Ala.)  83. 

McFarland  v.  Mathis,  10  Ark.  560. 

Cain  r.  Leslie,  15  Ark.  312. 

Clark  »>.  Slmltz,  4  Mo.  235. 

Sanford  r.  Justice,  9  Mo.  865. 

Stubblefi.  Id  v.  Branson.  20  Mo.  301. 

Welch  r.  Bryan,  28  Mo.  30. 

Bell  r.  Parks.  18  Kans.  152. 

Lapham  v.  Heiid,  21  Kaus.  302. 

Secretary  Interior,  Gaberel  r.  Guerne  et  al., 

March' 1«>,  If  SO,  7  Copp's  L.  O.  37. 
Status  of,  a*-  property : 

French  v.  Carr.  7  Ills.  664. 

Attridge  r.  Billings,  47  Ills.  490. 

Pierson  v.  David.  1  Iowa.  24. 

Rhea  et  at.  r.  Hughes,  1  Ala.  219. 

Pelham  v.  Wilsou,  4  Ark   2.rl». 

Floyd  v.  Ricks.  14  Ark.  28ti. 

Gaiues  &  Rector  r.  Hale,  26  Ark.  168. 

Michel  v.  Williams,  5  Mo.  335. 

Hatfield  v.  Wallace,  7  Mo.  112. 

Comm'rs,  &c.,  v.  Shipman,  14  Kans.  532. 

Haas  v.  Misner,  1  Idaho,  203. 

Gillan  r.  Hutchinson,  16  Cal.  154. 

The  People  v.  Morrison.  22  Cal.  73. 

Hicks  p.  Whiteside,  23  Cal.  4U4. 


IMPROYEMENTS-C0nrtnw«d. 
Statu^  of.  as  property  : 

People  v.  Shearer,  30  Cal.  645. 
Collins  v.  Bartlett.  44  Cal.  371. 
West  v.  Smith.  52  Cal.  322. 
What  constitutes,  and  effect  of: 
Stark  v.  Starr,  1  Saw.  C.  0. 15. 
Bowman  v.  Torr,  3  Iowa,  571. 
Rogers  v.  Voss,  6  Iowa,  405. 
Givens  L:  Decatur  Co.,  9  Iowa,  278. 
Wilson  v.  McLernan,  20  Iowa,  30. 
Walker  v.  Stone,  48  Iowa,  92. 
Lawrence  x.  Grout,  12  La.  Ann.  835. 
Co-n'r  G.  L.  O.,  Faught  v.  Espv,  Nov.  4, 

1868,  Zab.  L.  L.  90. 
Com'r  G.  L.  O.,  ex  parte  Mead,  June  4, 1880, 

7  Copp'.s  L.  O.  e/. 
INDIAN  TERRITORY— 

United  States  P. Gratiot.lMcLean.C.C.  454. 
INDIAN  TREATIES,  RESERVATIONS,  AND 

TITLES— 

Fletcher  r.  Peck.  6  Cranch,  87. 
Ni-\v  Jersey  v.  Wilson,  7  Cranch  164, 
Preston  c.  Browder,  1  Wheat.  115. 
Danfarth's  lessee  r.  Thompson,  1  Wheat. 

155. 

Dauforth  v.  Wear,  9  Wheat.  673. 
Mitchell  v.  United  States,  9  Pet.  711. 
United  States  v.  Fernandez- et  al.,  10  Pet 

303. 

Clark  i'.  Smith.  13  Pet.  195. 
Lattimer  r.  Poteet,  14  Pet,  4. 
Marsh  r.  Brooks,  8  How.  223. 
United  States  r.  Rillieux's  heirs,  14  How. 

1c9. 

Choutean  r.  Moiony,  16  How.  203. 
Miuterr.  Crommelin,  18  How.  87. 
Crews  et  al.  r.  Burcbman,  1  Black,  352. 
Best  v.  Polk,  18  Wall.  112. 
United  States  v.  Cook.  19  Wall.  591. 
L.  L.  <fc  G.  R.  R.  Co.  v.  United  States,  2  Otto, 

733. 
Landford  r.  Monteith,  U.  S.  Sup.  Ct.,  Oct. 

Term,  1879  (nnreported). 
Godfrey  r.  Beardsley,  2  McLean,  C.  C.  413. 
Lowrey  c.  Weaver,  4  McLean,  C.  C.  82. 
Chinn  v.  Darneill,  4  McLean,  C.  C.  440. 
Jackson  v.  Porter.  1  Paine,  C.  C.  457. 
United  States  v.  Searl.  1  Woolw.  C.  C.  1918. 
Swope  v.  Purdy,  1  Dillon,  C.  C.  349. 
Russell  v.  Beebe.  1  Hemp.  C.  C.  704. 
Harris  r.  Doe,  4  Blackf.  (Ind.)  369. 
Veeder  r.  Guffy,  3  Wis.  446. 
Quinney  v.  Town  of  Stockbridge,  33  Wis. 

505. 

Ballon  ».  O'Brien,  20  Mich.  304. 
Set-ford  v.  Harney,  19  Greene  (Iowa),  575. 
Haight  v.  City  of  Keokuk,  4  Iowa,  405. 
Blue  Jacket  v.  Commissioners,  &c.,  3  Kans. 

299. 

Swartzel  v.  Rogers,  3  Kans.  374. 
Vickroy  v.  Pratt,  7  Kans.1 238. 
Wood  v.  M.  K.  &  T.  R.  R.  Co.,  11  Kans.  323. 
Miami  Co.  r.  Breckenridge,  12  Kans.  114. 
Breux  v.  Johns.  4  La,  Ann.  141. 
Tillman  v.  Long  et.  al,  29  Ala.  376. 
Gaines  v.  Hale.  26  Ark.  168. 
Sufiol  v.  Heplmrn,  1  Cal.  -,'54. 
Parker  v.  Duff,  47  Cal.  554. 
Lobdell  v.  Hall.  3  Nev.  507. 
1  Op.  Att.  Gen.  468;  2  id.  631;  3  id.  697; 

4  id.  613;  5  id.  305,572;  6  id.  462,627;  7 

id.  293,746;  8  id.  255;  11  id.  171  ;  12  id. 

51 ;  13  id.  470  ;    14  id.  181,  568,  666 ;   Jan. 

21,  18-H'. 
Secretary  Treasury,  circular,  Dec.  19,  1859, 

1  Lester,  638. 
Secretary  Interior,  instructions,  May  23, 

1859, 1  Lester,  633. 
Secretary  luterior,  instructions,  June  30, 

1659,  l' Lester,  636. 
SecMftarv  Interior,  circular.  Dec.  19,  1859, 

1  Lester,  636. 
Secretary  Interior,  instructions,  May  24, 

165!),  1  Lester,  634. 
Secretary  Interior,  instructions,  June  14, 

1?59.  1  Lester.  035. 
Secretary  Interior,  Case  r.  Larkin,  Feb.  3, 

1876,  2  Copp's  L.O.J  82. 


CITATION   OF   DECISIONS. 


XXI 


INDIAN  TREATIES,  RESERVATIONS,  AND 

TITLES—  Continued. 
Secretary  Interior,  Hog-laud  v.  N.  P.  R.  R., 

Aug.  14.  1878,  5  Copp's  L.  O.  107. 
Com'r  G.  L.  O.,  instructions,  April  27,  1832, 

2  L.  I.  &  O.  4(J1. 
Com'r  G.  L.  O.,  instructions,  Feb.  10, 1837,  2 

L.  I.  &  O.  025. 
Com.  G.  L.  O..  instructions,  Nov.  4, 1857,  1 

Lester,  625. ' 

Com'r  G.  L.  O.,  March  19, 1857, 1  Lester,  688. 
Com'r  G.  L.  O.,  Nov.  10,  lfc'54,  1  Lester,  728. 
Com'r  G.  L.  O.,  instructions,  June  10,  1874. 

Copp'sL.L.311. 
Com'r  G.  L.  O.,  C.  P.  R.  R.  v.  Nevada,  Jan. 

15,  1&73,  Copp's  L.  L.  424. 
Com'r  G.  L.  O..  instructions,  July  18,  1874, 

Copp's  L.  L.  720. 
Com'r  G.  L.  O.,  exparteEads,  Sept.  24, 1675, 

2  Copp's  L.  0. 101. 
Com'r  G.  L.O.,  circular,  March  18,  1875,  2 

Copp's  L.  O.  39. 
Com'r  G.  L.  O.,  instructions,  Feb.  5, 1878,  5 

Copp's  L.  0. 52. 
Caddos ; 

United  States  v.  Brooks,  10  How.  442. 
Cherokees : 

Meio8  v.  McClung,  9  Crauch,  11. 

Cherokee  Nation  v.  Georgia,  5  Pet.  1. 

Worcester  v.  Georgia,  G  Pet.  515. 

Parke  v.  Robs,  11  Pet.  :>G2. 

United  States  v.  Ritchie,  17  Pet.  575. 

Mackay  v.  Cox,  IH  Pet.  10! >. 

United' States  v.  Rogers,  4  How.  5!37. 

Cunningham  v.  Ashley,  14  LIow.  374. 

Tiie  Kansas  Indians,  5  Wail.  737. 

Holdcu  v.  Joy,  17  Wall.  21 1 . 

Laugduu  v.  Joy,  4  Dillon,  C.  C.  391. 

Strand  v.  M.  &C.  R.  R.  Co.,  4  Dillon,  C.  C.  396. 

Moreland   v.   McCartney's  heirs,   4  Port. 

(Ala.)  141. 

Cunningham  v.  Ashley,  12  Ark.  296. 
Cunningham  v.  Ashley,  13  Ark.  053. 
Halo  v.  Gaines.  19  Ark.  9-1. 
Gaines  &,  Rector  v.  Hale,  x'0  Ark.  108. 
1  Op.Att.  Gei'.C4r>;  Sid.  305, 331, 360;  3  id. 

207,  x'97,  ::04,  326,  i>04  ;  4  id.  175,  433,  500,  5sl4, 

528,5^0,597,  013;  5  id.  13,  30,  ^6-s,  3-JO,  303, 

378,502,514;  lid.  54;  9  id.  48;  12  in.  57; 

Jan.  21,  IfcSO. 
Secretary  Treasury,  instructions,  Oct.  25, 

18U8.2L.  I.  &O.272.273. 
Secretary  Treasury,  exparte  Laughlin,  July 

(\  18(i9rZab.  L.  L.  750. 
Secretary  Interior,  Powell  v.  Beatty,  Sept.  8, 

1875,2  Copp's  L.  O  115. 
Com'r  G.  L.  O.,  circular,  Aug.  7, 1872,  Copp's 

L.  L.  115. 
Chickaxaws  : 

Best  v.  Polk,  18  Wall.  112. 

Lewis  v.  Loye  et  al.,  1  Ala.  335. 

3  Op.  Alt.  Gen.  34,  41,  49,  591 ;  5  id.  226,  232; 

7  id.  142 ;  2  L.  I.  &  O  21 4. 
Secretary  Treasury,   instructions,  Oct.  25, 

1808,  2'L.  I.  &  O.  i?2,  273. 
Com'rG.  L.  0..  instructions,  Awil20, 1833, 2 

L.  I.  &  O.  945. 
Com'r  G.  L.  O.,  instructions,  April  28, 1833, 

2  L.  I.  &  O.  948. 
Com'r  G.  L.  O.,  instructions,  July  27, 1831,  1 

Lester,  913. 
Com'rG.  L.  O.,  instructions,  March  22, 1833, 

1  Lester,  92(J. 
Chippewas,  treatn  at  Saginaiv : 

Stockton  v.  Williams,  1  Doug.  (Mich.)  546. 
Stockton  v.  Williams.  Walker's  Chan.  Rep. 

(Mich.)  120. 

Deury  v.  Campbell,  4  Mich.  565. 
Chapau  v.  Dewry,  9  Mich.  3r>l. 
Raymond  v.  Shawborso,  34  Mich.  142. 
3  Op.  Att.  Gen.  ^06. 
Secretary  Treasury,  instructions,  Sept.  27, 

1836,2^1.^0.5^6. 
Secretary  Interior,  exparte  Waisloy,  Ap  il 

29,  I8:,6f  1  Letter,  630. 
Secretary  Interior,  exparte  Bright,  Nov.  6, 

1858,  1  Lester,  (j3i. 

Secretary  Interior,  instructions,  April  13. 
1859, 1  Lester,  632. 


INDIAN  TREATIES,  RESERVATIONS,  AND 

TITLES— Continued. 
Chippeivas,  treaty  at  Saginaio  : 

Com'r  G.  L.  O.,  circular,  March  15,  1873, 

Copp's  L.  L.  707. 
Com'rG.  L.  O.,  circular,  July  5, 1872,  Copp's 

L.  L.  709. 
Com'r    G.  L.  O.,  circular,  March  18,  1875, 

Copp's  L.  L  710. 
Choctaws  : 

2  Op.  Att,  Gen.  462,  465,  617,  693  ;  3  id.  48.  49, 

50,  106,  107,  113,  114,  134,  205,  365,  408,518; 

4  id,  320,  344,  381,  452 ;  5  id.  251 ;  7  id.  142, 

174;  12  id  516;  13  id.  354;  14  id.  28;  2L. 
.  I.  &  O.  32, 186,  187,211. 
Secretary  Treasury,  instructions,  Oct.  16, 

1824,  2'L.  I.  &O.505. 
Secretary  War,  instructions,  Oct.  11. 1834, 

2  L.  I.  &  O.  506. 
Com'rG.  L.  O., instructions, June  28,1824, 

2  L.  I.  &  0. 3*0. 
Com'rG.  L  O.,  instructions,  March  13, 1826, 

2  L.  I.  &  O.  293. 
Com'r'G.  L.  O.,  instructions,  July  4,1836, 

2  L.  I.  &  O.  520. 
Com'r  G.  L.  O.,  instructions,  Jan.  27, 1836, 

2  L.  I.  &  O.  510. 

Com'r  G.  L.  O.,  circular,  2  L.  I.  &  O.  434. 
Com'r  G.  L.  O..  instructions,  Stpt.  10, 1833, 

2  L.  I.  <fc  O.  48  J. 
Com'r  G.  L.  O.,  instructions,  Sept.  30, 1833, 

2  L.  I.  &  O.  484. 
Com'r  G.  L.  O.,  instructions,  April  7, 1837, 

2  L.  I.  &  O.  535. 
Com'r  G.  L.  O.,  circular,  Aug.  4, 1833,  2  L. 

I.  &  O.  1033. 
Com'r  G.  L.   0.,   circular,  June  7, 1847,  1 

Lester,  625. 
Com'r  G.  L.  O.,  instructions,  July  27, 1831, 

1  Lester,  913. 
Com'r  G.   L.  O.,  instructions,  March  22, 

1832,  1  Lester,  929. 
Com'r  G.  L.  O.,  instructions,  Oct.  24, 1831, 

1  Lester,  925. 
Creeks : 

Minter  o.  Crommelin  et  al.,  18  How.  87. 
Chinnabbee  v.  Nix  et  al.,  3  Port,  (Ala.)  362. 
Herring  v.  McEldery,  5  Port,  (Ala.)  161. 
Jones'  heirs  i>.  Inge's  heirs,  5  Port,(Ala.)327. 
Clarlilko  v.  Elliot,  5  Port,  t  Ala.)  403. 
Tipps  v.  McGehee  et  al.,  5  Port,  (Ala.)  413. 
Rosser  v.  Bradford, 9 Port.  (Ala.)  35J. 
Rowland  v.  Ladigo,  9  Port.  (Ala.)  488. 
Johnson  v.  McGehee  et  al.,  1  Ala.  ISO. 
James  v.  Scott,  9  Ala.  579. 
Cromraelhifl.  Minter  et  al.,  9  Ala,  594. 
Rains  v.  Ware  &  Warner,  10  Ala.  623. 
Wells  v.  Thompson,  13  Ala.  793. 
Corpreu  v.  Arthur,  15  Ala.  525. 
Hoden  v.  Wall,  15  Ala,  149. 
Noleu  ct  al.  v.  Heirs  of  Gwyn,  16  Ala.  725. 
Stephens  v.  Westwood,  20  Ala.  275. 
Rowland  et  al.  v.  Ladigo's  heirs,  21  Ala.  9. 
Long  v.  McDonald's  adm'r,  23  Ala.  413. 
Stephens  v.  Westwood,  25  Ala.  716. 
2  Op.  Att.  Gen.   110,  574,  690 ;  3  id.  40,  230, 
238,  2.VJ,  288,  3r9,  578.  585 ;  5  id.  46,  79,  98  ; 

2  L.  I.  &  O.  73, 195,  208. 

Com'r  G.  L.  O.,  instructions,  Nov.  23, 1835, 

2L.  I.  &O.  511. 
Com'r  G.  L.  O.,  instructions,  Dec.  28,  1815, 

2  L.  I.  &  O.  810. 
Delaware^  : 

United  States  v.  Stone,  2  Wall.  525. 
9  Op.  Att.  Gen.  24;  12  id.  84;  Jan.  21,1880. 
Foxes : 

Chouteau  v.  Molouy,  16  How.  203. 

Com'r  G.  L.  ().,  instructions,  Nov.  16, 1837, 

2  L.  I.  &  O.977. 
Illinois  and  Piankeshaivs : 

Johnson  tt  al.  v.  Mclutosh.  8  Wheat.  543. 
Kansas  : 

Stephen  v.  Smith,  2  Kans.  243. 
Biovvuv.  Beluiardre,  3  Kaus.  41. 
6  Op.  Att.  Gen.  65H  ;  9  id.  110;  10  id.  507. 
Com'r  G.  L.  O.,  circular,   Aug.  15,  1874, 

Copp's  L.  L.713. 
Com'r  G.  L.  O.,  circular,  Oct.  2, 1874,  Copp's 

L.  L.  719. 


XX11 


CITATION    OF   DECISIONS. 


INDIAN  TREATIES,  RESERVATIONS,  AND 

TI  IL£S—  Continued. 
Kansas  : 

Com  r  G.  L.  O.,  instructions,  Aug.  15, 1874, 

1  Copp's  L  0. 107. 
Kickapoos : 

Parker  v.  Winsor,  5  Kans.  362. 
C.  B.  R.  R.  Co.  v.  Wilcox.  14  Kans.  259. 
Op.  Att.  Gen.,  Jan.  21,  IceO. 
MenumonecK :  • 

lieecheri?.  Wetherby,  5  Otto,  517.         ^ 
3  Op-  Att.  Gen.  332;  5  id.  31 ;  lid.  166. 
Miamis: 

Mungosahs.  Steinbrook,  3  Dillon,  C.  C.  418. 
Peck  v  Miami  Co.,  4  Dillon,  C.  C  370. 
Longlois  v.  CoUin,  1  Ind.  44ti. 
Coumisiouers,  &,c.,  v.   Wau-zop-pe-che,   3 

Kans.  364. 

Miami  Co   v.  Breckenridge,  12  Kans.  114. 
2  Op.  Att.  Ge:i.  5G3  ;    1  id.  529;  G  id.  440;  11 

id.  384 ;  12  it/.  236  ;  2  L.  I.  &  O.  200. 
Osages : 

L.  L.  <fc  G.  R.  R.  Co.  v.  Unjted  States,   2 

Otto,  733. 

Foster  c.  Bust,  11  Kans.  350. 
Wood  r.  M.  K.  &,  T.  R.  R.  Co.,  11  Kans. 

3:23. 

Lowusberry  r  Bakerstraw,  14  Kans.  151. 
L.  L.  <fc  G.  R.  11  Co.  v.  Coffin,  lj  Kans.  510. 
Uroke  t~.  Ballou,  19  Kans.  397. 
Secretary    Interior,  ex  parte  Noble,    Feb. 

23,  1872,  Copp's  L.  L.  <CO. 
Secretary  Interior,  Jan.  2G,  1872,  Copp's  L. 

L.  700." 
Secreiary  Interior,  ex  parte   Falls,  March 

«J,  1872,  Copi/o  L.  L.  '<04. 
Secretary  Interior.  \Vh  eler  v.  R.  R.  Co., 

March  27,  18;3,  Copp's  L.  L.  7U4. 
Secretary   Interior, instructions,    Jan.    24, 

18; 7,  3  Copp's  L.  O.  1"<9. 
Secretary  Interior,  Stous  r.  Gillard,  June 

5,  Is79^  6  Copp's  L.  O.  128. 
Coin'r  G.  L.  O..  instructions.  April  26, 1871, 

Copp's  L.  L.  7UO. 
Com'r  G.   L.   O.,   instructions,  March  17, 

i  Copp's  L.  O.  10.1. 
Com'r  G   L.  O.,  instructions,  Juno  21,  1875, 

2  Copp's  L.  O.  51. 

Com'r  G.  L.  O.,  instructions,  Oct.  2G,  1876, 

3  Copi/s  L.  O.  120. 

Corn'r  G.   L.   O.,   instructions,  March  28, 

1877,4  Copp's  L.  O.  4:}. 
Com'r  G.  L.  O..  instructions.  April  14,  1877, 

4  Copp'.s  L.  O.  44. 

Ottawas,  Vkippewag,  and  Pottaivatomies  : 
Doe  i-.  \\  iisun.  2i  How.  457. 
Steeple  v.  Downing.  CO  Iml.  478. 
Clark  v.  LiUby,  14  Kaus.  439. 
Clark  -c.  Akei  .s,  l(j  Kans.  ItJO. 
Oliver  v.  Forbes,  17  l^ans.  113. 
Campbell  v.  Purniore.  17  Kans.  639. 
Muu.es  i-.  Veale,  20  Kans.  324. 
Clark  v.  Ford,  20  Kaus.  :.<  0. 

2  Op-  At  i .  Gen.  502,  5e8  ;  a  id.  35,  55,  209  ;  4 
id.  .".29  :   ->  Id.  2-5  ;  (i  id.  49. 

Pottawatomien  : 

Op.  Att,  Gen.  Sept.  20,  1853,  2  L.  I.  &  O.  69. 
Secretary  Treasury  instructions,  Xov.  12, 

Ie35,  2L.  I.  &Q.  511. 
Com'r  G.  L.  O.,  instructions,  Apiil  15,  1635, 

2L.  1.  &  O.  959. 
Com'r  G.  L.  O.,  instructions,  Aug.  5, 1835, 

2  L.  I.  &  O.  961. 
Com  r  G.  L.  O.,  instructions,  Xov.  14, 1835, 

2L.  I.  feO.  9i  2. 
Com'r  G.  L.  O.,  instructions,  Xov.  30, 1835, 

2  L.  I.  &,  O.  512. 
Com'r  G.  L.  O.,  instructions,  April  10,  lc33, 

2  L.  I.  &  O.  942. 
Quapaw* : 

3  Op.  Att.  Gen.  106. 
Sacs  mid  Foxes  : 

Webster  0.  R.-id.  M'.rris  (Iowa),  466. 
Wright  v.  Mai sh,  2  Greene  (Iowa),  94. 
Pennockv.  Monroe,  5  Kans.  .">"   . 
Kans-a.s  r.  Harold,  9  Kans.  194. 
Franklin  County  r.  Pennock.  18  Kan?.  579. 
Com'i-  G.  L.  O.,  instructions,  March  (i,  1837, 
2  L.  I.  &  O.  977. 


INDIAN  TREATIES,  RESERVATIONS,  AND 

TITLES—  Continued. 
Seneca^; : 

I  Op.  Att.  Gen.  4C5 ;  3  id.  624. 
Shawnecs  : 

Walker  v.  Henshaw,  16  "WalL  436. 

Ex  parte  Forbes  &  Pucket,  1  Dillon,  C.  C. 

369. 
Blue  Jacket  v.  Commissioners,  &.G.,  3  Kans. 

299. 

II  Op.  Att.  Gen.  145. 
Shav:necs,  Wea#,  and  Hiamis: 

The  Kansas  Indians,  5  WalL  737. 

Smith  r.  Stevens,  10  Wall.  521. 

10  Op.  Att.  Gen.  2:>:l. 

Secretary  Interior,  instructions,  Dec.  20, 

lc5S,  1  Lester,  632. 
Stockbridges : 

Beecher  v.  Wetherby,  5  Otto,  517. 

Quinney  v.  Denm-y,  18  Wis.  485. 

Rugbies  v.  Marsillot,  19  Wis.  159. 

Fan  ington  v.  Wilson,  29  Wis.  383. 

Quinney  v.  Denney,  28  Wis.  510. 
Winnebagoes : 

Fariington  v.  Wilson,  29  Wis.  383. 
Wyandotts: 

Walker  v.  Henshaw,  16  Wall.  436. 

Gray  v.  C  oilman,  3  Dillon,  C.  C.  393. 

Hicks  v.  Butrick.  3  Dillon,  C.  C.  413. 

Summers  v  Spybuck,  1  Kans.  394. 

Walker  v.  Armstrong,  2  Kans.  198. 

Me  Alpin  v.  Henshnw.  «  Kans.  176. 

Frederick  o.  Gray,  12  Kans.  518. 
3  Op.  Att.  Gen.  458;  6  id.  2;  9  id.  44;  11  id. 

197. 

INTERNAL  IMPROVEMENT  GRANT— 
Confirmatory  legislation : 

"Hull'  v.  i)oyle  et  al.,  3  Otto,  558. 

Tolaud  v.  Maudell,  3^  Cal.  30. 

Hodappv.  Sharp,  40  Cal.  69. 

fluff  v.  Doyle,  50  Cal.  16. 
JEjectmt  nt  under : 

Gal  up  v.  Armstrong.  22  Cal.  480. 

Athearn  v.  Poppe,  2"'  <  :«1.  632. 

Smith  v.  Athearn.  34  Cal.  506. 

Tolaud  v.  Maudell,  38  Cal.  30. 

llodafp  r.  SLurp.  -^0  Cal.  69. 
Selection*,  manner  of,  and  what  subject  to: 

Shepley  <  t  al.  v.  Cowan  et  al.,  1  Otto.  330. 

Copeley  r.  Diukgrave,  27  La.  Ann.  tiOl. 

Nims  r.  Johnson,  7  Cal.  111. 

Doll  v.  M.-ad,)r.  1(.  Cal.  296. 

Van  Valkeuburjt «'-  McCloud,  21  Cal.  330. 

Dolhequi  r.  Taho. ,  i2  Cal.  279. 

T<-iT.v  v.  Meuerle,24  Cal.  609. 

At  beam  v.  Poppe,  25  Cal.  »532. 

Smi.h  v.  Athearn,  34  Cal.  506. 

Rush  p.  Corey,  3U  Cal.  33;>. 

McGrary  r.  ilastings,  39  Cal.  360. 

Farish  v.  Coon,  40  Cal.  3:5. 

Fisher  v.  Croon,  40  Cal.  34. 

Ha-tings  r.  Devlin,  40  Cal.  358. 

Collins  r.Ba-tlett.  44  ('a!.37l. 

Hastings  v.  Jacktsou.  46  Cal.  234. 

Huff  v.Do\  lo.SO  Cal.  16. 

4  Up.  Att,  Gen  71. 

Op.   Att.  Gtu.,  Faust  v.   Taylor,   July  23, 
18'.6. 1  L'-ster.  445. 

Secretary  Interior,  Vester  v.  Dinkgrave, 
ilarcb'Sl.  1859,1  Lester,  451. 

Secietarv  Interior,  ex  parte  Stewart,  Nov. 
10, 1  56.  1  Lester,  50',. 

Secietarv  Interior,  June  21,  1856,  1  Lester, 

:.:>:>. 

Secretary  Interior,  Florida,  April  20, 1856, 

I  L'.-si  IT,  Glir1. 
Seei-etai-y   Ii.terior,  ex  parte  Brown,  Sept. 

1-.  1-72,  C"-  p'sL.  L.  440. 
Secretary    Interior.  White   v.  University 

Cal.,  Jar.  in.  1878,  4  Copp's  L.  0.18^. 
Con/r  G.  L.  O.,  circular,  Feh.  21,  1846,  1 

Lester,  500. 
C«-m'i-  G.  L.  O.,  circular,  Aug.  6,  1847,  1 

Lester,  501. 
Com'r  G.  L.  O.,  circular,  Aug.  6.  1847,  Zah. 

L  L. :  97. 
Staff  legislation : 

Perrine  r.  Grinith,  13  Iowa,  151. 
Nims  v.  Palmer,  6  Cal.  8. 


CITATION    OF    DECISIONS. 


XX111 


INTERNAL  IMPROVEMENT  GRANT  —  Con 

tin  ii'-d. 


Wat  sou  *.  liobey,  8  Cal.  52. 
Doll  a.  Meador,  10  Cal.  290. 
Mott  r.  Hawthorn,  17  Cal..  "9. 
Ah  Yew  v.  Choate,  '-4  Cal.  LG2. 
Bludworth  v.  Lake,  33  Cal.  255. 
W  alley  v.  Foreman,  38  Cal.  90. 
Stewart  v.  Haight,  39  Cal.  87. 
Chapman  u.  Buekman,  39  Cal.  674. 
Fisher  v.  Coon,  40  Cal.  34. 
Taken  effect,  when  : 

Foley  v.  Harrison,  15  How.  423. 
Shepiey  et  al.  v.  Cowau  et  til.,  I  Otto,  330. 
Wolsf.y  v.  Chapman,  1  1  Otto,  755. 
Patterson  v.  Tatum,  3  Saw.  C.  C.  1G4. 
Wiggins  v.  Guier,  13  La.  Ami.  356. 
LnUeliug  v.  Vester,  "20  La.  Ann.  433. 
Doll  v.  Meador,  10  Cal.  -290. 
Rhodes  v.  Craig,  21  Cal.  4l9. 
Megerle  v.  Ashe,  2/  Cal.  32-'. 
Bludwoilh  v.  Lake,  33  Cal.  255. 
INTRUDERS  AND  TRESPASSERS— 
Atbei  ton  v.  Fowler,  0  Otto,  513. 
Hosmer  v.  Wallace,  7  Otto,  575. 
Trenouth  r.  San  Francisco,  10  Otto,  251. 
Oiovreauv  Campbell,  lMeAllister,C.C.  129. 
Boirisz?.  James,  7  Rob.  (L.i.)  149. 
Keller  v.  Bellaiideau,  G  La.  Ann.  643. 
Cunningham  v.  Ashley,  12  Ark,  290. 
Floyd  v.  Hicks,  14  Ark.  2du. 
Gale  v.  Davis,  7  Mo.  544. 
Kennett£.  Pluuiruer,  28  Mo.  142. 
United   States  v.  De  Coursey,  1    Pinnev 

(Wis.)  508. 
Wood  D.  M.  K.  &  T.  R.  R.  Co.,  11  Kansas, 

332. 

Treauway  v.  Sharon,  7  Nev.  27. 
O'Conuer'i?.  Corbitt,  3  Cal.  370. 
Bridge  v.  Underwood,  C  Cal.  45. 
Merced  My.  Co.  v.  Fremont,  7  CaL  317. 
Taylor  ».  Woodward,  10  Cal.  W. 
1  Op.  Att.  Gen.  180,  471,  4  -5,  703  ;  2  id.  574  ; 

3  id.  255,506;  7  id.  534  ;  10  id.  71,  l»4. 
Secietary  Treasury,  circular,    March  28, 

1807,  2L.  I.  &O.  £C7. 
Secretary  Treasury,  instructions,  October 

20,  lfU8,  a  L.  I.  &  O.  272. 
Secretary   Treasury,  circular,    March  10, 

1809,  2  L.  I.  &  O.  273. 
Secretory   Treasury,  circular,   August  30, 

JblU,  aL.  I.  &O.  2o7. 
Secretary    Treasury,  circular,   March    28, 

It  97,  2  L.  I.  &  O.  t*7. 
Secretary  Interior,  Daniels  v.  Diggs,  Aii£. 

27,  1859,  i  Lester,  418. 
Secretary  Interior.  O'Leary  v.  Zollars,  May 

8,  1*80,  7  Copp's  L,  O.  3r. 
Coin'r  G.  L.  O.,  instructions,  September  8, 

1»18,  2  L.  I.  &  O.  295. 
Com'r  G.  L.  O.,  ciicuL.r,  July  13,  1821,  2  L. 

I.  &  O.  333. 
Com'r  G.  L.  O.,  instructions,  March  9,  1830, 

2  L.  I.  &  O.  42,'. 
Com'r  G.  L.  O.,  Keisker??.  Johnson  et  al., 

April  0,  1874,  Copp's  L.  L.  319. 
Com'r  G.  L.   O.,  circular,  July  1,  1879,   6 

Copp's  L.  O.  9-. 
Com'r  G.  L,  O.,  ex  parte  Koffin.  July  29, 

i860,  7  Copp's  L.  O.  87. 
ISLANDS— 

Middleton  x>.  Pritchard,  4  Ills.  510. 
Stolp  v.  Hoyt,44  Ills.  -.19. 
Mcllaims  v.  Carnncbael,  3  Iowa,  11. 
A<lams  v.  City  of  St.  Louis,  32  Mo.  25. 
Benson  v.  Morrow,  Cl  Mo.  345. 
P>  ople  v  Batchelder,  2f  Cal.  70. 
Shoemaker  v.  Hatch,  13  Nev.  261. 
6  Op.  Att.  Gen.  670;  June  24,  1836,  2  L.  I.  & 

O.  802. 
Secretary  Interior,  Rock  Island,  Jan.  24, 

185'J,  1  Lester,  01)0. 
Secretary  Inte  ior,  Goat  Island,  July  3, 

Ife72,  Copp's  L.L.  563. 
Com'r  G.  L.  O.,  Rock  Island,  April  8,  1835, 

2  L.  I.  &  O.  390. 
Com'r  G.  L  O.,  Dauphiu  Island,  Aug.  16, 


ISLANDS—  Continued. 

Com'r  G.  L.  O.,  Key  West  Island,  Sept.  4 

1830,  2  L.  I.  &  O.  904. 
Com'r  G.  L.  O.,  Rock  Island,  Sept.  15, 1835, 

2L.I.  &O.  50!'. 
Com'r  G.  L.  O.,  circular,  Dec.  1, 1874,  Copp's 

L.  L.  70(5. 
Com'r  G.  L.  O.,  Wolf  Island,  April  5, 1838, 

a  L.  1.  &.  O.  1000. 
Com'r  G.  L.  O.,  x-  eb.  24,  1838,  1  Lester,  7p5 ; 

note. 

Com'r  G.  L.  O.,  Jan.  1856, 1  Lester,  705. 
JOINT  ENTRIES— 

Downes  v.  Scott,  3  Rob.  (La.)  84. 
Secretary  Interior,   Laughton  v.  Cadwell, 

Jan.  8,"  1858,  1  Lester,  3d7. 
Secretary  Interior,  lloosa  v.  Schepp,  Sept. 

28,  1859,  1  Les.er,  393. 
Secretary  Interior,  Powell  v.  Beatty,  Sept. 

8,  In75,  2  Copp'd  L.  O.  U5. 
Secretary  Interior,  O'Leary  v.  Zollars,  May 

8,  Iri80,  7  Copp's  L.  O.  38. 
Com'r  G.  L.  O..  circular,  March  31,  1873, 

Copp's  L.  L.  3)1. 
Com'r  G.  L.   O.,  instructions,   March  18, 

Ib70,  Copp's  L.  L.  452. 
Com'r  G.  L.  O.,  instructions,  April  15, 1873 

Copp's  L.  L.  6(i7. 

Com'r  G.  L.  O.,  Vennigirholtz  v.  McKen- 
non  et  al.,  .June  8,  1874,  0  Copp1s  L.  O.  154. 
JUDICIAL  NOTICE— 

United  States  v.  Turner,  11  How.  663. 
Dickeusou  v.  Breedeu,  30  Ills.  279. 
United    States  v.   De  Coursey,  1  Pinney 

(Wis.)  508. 

Bullock  «.  Wilson,  5  Port.  (Ala.)  338. 
Lamb  v.  Davenport,  1  Saw.  C.  C.  609. 
Ott  v.  Soulard,  y  Mo.  i>8l. 
Papiu  v.  Ryan,  1:2  Mo.  21. 
Sullivan  v.  Heuse,  2  Colo.  427. 
Semple  v.  Hagac,  27  CaL  103. 
Vassaull  v.  Seita,  31  Cal.  226. 
Ellis  v.  Eastman,  32  CaL  447. 
JURISDIC  T  ION— 

Between  Federal  and  State  courts: 
Maekay  v.  UilJou,  4  How.  421. 
Almonester  v.  Keuton,  9  How.  1. 
Doe  D.  City  of  Mobile,  9  How.  451. 
Fenn  «.  Holme,  --I  How.  481. 
Maguiro  v.  Tylevetal ,  1  Black,  195. 
Maguire  v.  Tyler,  8  Wall.  050. 
Ex  parte  Forbes  &  Pickett,  1  Dillon,  C.  C. 

309. 

Ex  parte  Hebard,  4  Dillon.  C.  C.  380. 
P.uitalla  v.  Copelaud,  3  La.  Ann.  56. 
Purvis  v.  Harmansou,  4  L:u  Ann.  421. 
Teiry  v.  Aeunen,  4  La.  Ann.  458. 
Leau'der  v.  Kidder,  23  Ills.  49. 
Clark  v.  Livingston  Co.,  24  ills.  372. 
Perry  v.  O'Haulon,  11  Mo.  373. 
Athearn  v.  Poppe,  25  Cal.  032. 
Between  the  courts,  arid  1he  executive : 
Garlands.  VVyuu,  2l»  LLow.  6 
Irvine  v.  Marshall,  20  How.  558. 
Ballance  v.  Forsylh,  24  iiow.  Ie3. 
The  Secretary  v'.  McGarrahan,  9  Wall.  298. 
Johnson  v.  Towslcy,  13  Wall.  72. 
Shepley  v.  Cowan,  l  Otto,  330. 
Marquez  v.  Frisbie.  11  Otto,  473. 
United  States  v.  Flint,  4  Sa,w.  C.  C.  42. 
United  States  v.  M.  &  St.  P.  R.  R.,  5  Bissell, 

C.C.  410. 
Litchtu  Id  v.  Register  &  Receiver,  1  Woolw. 

C.  C.  299. 

A  very  v.  Fox«l  Abbott,  (U.  S.)  246. 
Ten-ill  v.  Chambers.  0  Rob.  (La.)  243. 
Jones  v.  Wlialis,  4  La.  Ann.  541. 
Saudoz  v.  Ozeuue,  1-J  La.  Ann.  (i!6. 
Ford  v.  Moraney,  14  La.  Ann.  77. 
Marks  v.  Martin,  27  La.  Ann.  527. 
Mitchell  v.  Cobb,  13  Ala.  137. 
Brewer  v.  Kidd.  23  Mich.  440. 
Sutherland  v.  The  Governor,  29  Mich.  320. 
Lamont  v.  Stiuisou,  3  Wis.  545. 
Minnesota  v.  Bachelder,  SMinu.  223. 
Fremont   Co.  v.  B.   &  M.  R.    R.  Co..  22 

Iowa,  91. 

Lewis  v.  Lewis,  9  Mo.  183. 
Ott  v.  Soulard,  y  Mo.  581. 


XXIV 


CITATION   OF   DECISIONS. 


JURISDICTION-  Continued. 

Between  the  courts,  and  the  executive : 
Heill  v.  Miller,  36  Mo.  182. 
Gaston  v.  Cannada,  39  Mo.  357. 
Morton  v.  Green,  2  Neb.  441. 
Colwell  v.  Smith,  1  Wash.  Ty.  109. 
Quinn  v.  Kenyon,  33  Cal.  499. 
Berry  v.  Cammet,  44  Cal.  347. 
Hess  v.  Boliuger,  50  Cal.  80. 
•        Keerner  v.  Doherty,  51  Cal.  3. 
Powers  v.  Leith,  53  Cal.  711. 
Golden  Fleece  Co.  v.  Cable  Co.,  12  Nov.  312, 
Secretary  Interior,  Rancho  Arroyo  Chico, 

March  19.  leGO,  Copp's  L.  L.  563. 
Secretary  Interior,  Raucho  Lacuna  de  la 

Merced,  May  19,  !t69. 
Secretary  Interior,  Rancho  Choular,  March 

19, 1«70. 
Com'r  G.  L.  O.,  Rancho  ex-Mission  de  San 

Fernando,  Jan.  24, 1873. 
Com'r  G.  L.  O.,  Eancho  Bolsa  de  Escorpi- 

nas,  Sepr.  24,  Ic75. 
Com'r  G.  L.  O.,  Rancho  Posolmi,  Dec.  4, 

1875. 
Com'r  G.  L.  O.,  RanchoSan  Antonio,  Feb.  7, 

1877. 
Equitable,  affecting  land : 

Bodley  p.  Taylor,  5  Cranch,  191. 
Massee  r.  Watts,  6  Crauch,  148. 
Meailer  r.  Norton.  11  Vv'all.  4M. 
Johnson  v.  Tcwsley,  13  Wall.  72. 
Marquezv.  Frisbie,  11  Otto,  473. 
Hall  v.  Riu  si  11.  3  Saw.  C.  C.  50fi. 
H-«rdy  v.  Harbin,  4  Saw.  C.  C.  536. 
Seabury  r.  Field*,  1  McAllister,  C.C.  60. 
Kitteridge  v.  Berand,  4  Rob.  (La.)  79. 
Ford  v.  Moraney,  14  La.  Ann.  77. 
Lament  v.  Stimson,  3  Wis.  545. 
Minnesota  v.  Bachelder,  5  Minn.  223. 
Arnold  v.  Grimes,  2  Greeuo  (Iowa),  77. 
Stephenson  v.  Smith,  7  Mo.  610. 
In  case  of  mandamus  : 

McClun.ii  c-.  Silliman,  2  Wheat.  369. 
McUlnng  r.  Silliman,  6  Wheat.  598. 
The  Secretary  r.  McGarrahan.  9  Wall.  298. 
Powell  v.  Cbappell.  7  Martin  (La.)  172. 
Smithe  c.  Mosely,  31  Ark.  425, 
Land  Office : 

Foley  ^.Harrison,  15  How.  433. 
Ifftgwin  r.  Tyler  et  aL,  1  Black,  195. 
Bissell  v.  llenshaw,  1  Saw.  C.  C.  553. 
Le  R  y  r.  Clayton,  2  Saw.  C.  C.  493. 
Kellum  c.  Kippley,  3  Rob.  (La.)  138. 
Dart  v.  Prndhomme,  a  Rob.  (La.)  293. 
Courtney  r.  Parkins,  5  La.  Ann.  216. 
Franklin  r.  Woodland,  14  La.  Ann.  18d 
Finley  v.  Woodruff,  8  Ark.  3.'8. 
Cunn'ingham  v.  Ashley,  12  Ark.  296. 
Warren  r.  Vau  Brunt,  12  Minn,  70, 
Heill  v.  Millar,  36  Mo.  1H2. 
Gastun  v.  Cauuada,  33  Mo.  357. 
Lounaberry  r.  Bakersti  aw,  14  Kans.  151. 
Smiley  v.  Sampson,  1  Neb.  56. 
3  Op.  Att.  Gen.  9J,  149 ;  14  id.  12. 
Secretary  Interior,  April  12, 1655, 1  Lester, 

614. 

Com'r  G.  L.  O.,circular,  Aug.  11, 1858, 1  Les- 
ter, 379. 
Com')  G.  L.  O.,  circular,  June  13, 1872,  Copp's 

L.  L.  264. 
Com'r  G.  L.  O.,  ex  parte  Wedge,  July  14, 

1873.  Copp's  L.  L.  ;>17. 
Com')  G.  L.  O.,  circular,  Oct.  30, 1873,  Copp's 

L.  L.  646. 
Navigable  wa  tern : 

Williams  r.  Bradley,  2  Ind.  591. 

Depew  v.  Board  of  Trustees,  &c..  5  Ind.  8. 

Butler  v.  State.  6  Ind.  165. 

Neaderhouser  v.  State,  •&  Ind.  257. 

People  v.  Tyier,  7  Mich.  ICO. 

Com'r  G.  L.  O.,  ex  parte  Taylor  et  al.,  Nov. 

5, 1874,  1  Copp's  L.  0. 155. 
Of  coriimisxioners,  in  private  land  claims  : 
United  States  v.  Ciarke,  8  Pet.  436 
UniteJ  States  v.  Fossatt,  21  How.  445. 
Lynch  v.  Btrnal,  9  Wall.  315. 
Bernal  ».  Lyn,  h,  36  Cal.  135. 
Secretary  Interior.  Lompoc  contest,  July 

24,  Ib73,  Copp's  L.  L.  559. 


JURISDICTION—  Continued. 

Of  commissioners,  in  private  landdaim*: 

Secretary  Interior,  Rancho  El  Cajon,  March 

15,  1872,  Copp's  L.  L.  559 
Secretary  Interior,    July  3,  1872,  Copp's 

L.  L.  563. 
Secretary  Interior,  Rancho  Los  Trigos,  Dec. 

5,  1874,  Copp's  L.  L.  611. 
Secretary  Interior,  Vigil  &  St.  Vrain  grant, 

Jan.  23,  1875,  Coup's  L.  L.  612. 


Secretary  Interior,  Vigil  <fcSt.  Vrain  grant, 

Oct.  27,  1874,  1  Copp's  L.  O.  122. 
Secretary  Interior,  Vigil  <fc  St.  Vrain  grant, 

Jan.  23,  1S74,  1  Copp's  L.  O.  165. 
Secretary  Interior,  liardee  v.  United  States 

April  8,  If7r»,  5  Copp's  L.  O.  102. 
Secretary     Interior,     Rancho    Miguelito, 

March  17,  Ie74. 
Secretary  Interior,  Rancho  Napa,  Sept.  20, 

Ip79. 
Com'r  G.  L.  O.,  Rancho  Nnjalayegua,  Sept. 

18,  1874.  Copp's  L.  L.  59i. 

Com'r  G.  L.  O.,  ex-Mission  San  Fernando, 

Jan.  24, 1873. 
Comr  G.  L.  O.,  Rancho  Posolmi,  Dec.  4, 

Ic75. 
Com'r  G.   L.  O.,  Rancho  Agua  Calienta, 

Feb.  21,  1878. 
Com'r  G.   L.  O.,  Rancho  Cabeza  de  Santa 

Rosa,  Dec.  2, 1018. 
Com'r  G.  L.  O.,  Rancho  Napa,  April  21, 

1879. 
Of  conrte,  in  private  land  claims : 

United  States  v  Percheiuan,  7  Pet.  51. 
United  States  v.  Marvine,  :s  How.  620. 
Hickey's  lessee  v.  Stewart,  3  How.  750. 
Mackay  v.  Dillon,  4  How   ^(. 
United  States  v.  Powers's  Heirs,  11  How. 

570. 
United  States  v.  Heirs  of  Rillienx,  14  How. 

169. 

United  States  v.  Gusman,  14  How.  193. 
United    States   v.    Davenport's    heirs,    15 

How.  1. 

Bnrgess  r.  Gray,  16  How.  48. 
Fremont  r.  United  States,  17  How.  542. 
United  States  v.  Sepulveda,  1  Wall.  1U4. 
United  Stntes  v.  Morillo,  1  Wall.  707. 
The  Fossatt « 'ase,  2  Wall.  (J49. 
Tameling  v.  U.  S.  F.  L  &  E  Co.,  3  Otto,  644. 
United  States  v.  Throekuiorton,  8  Otto,  61. 
Carr  v.  United  States,  8  Otro,  433. 
United  States  v.  Clamorgau,  11  Otto,  822. 
Bissell  v.  Henshaw,  1  Saw.  C.  C.  53. 
United  States  v.  Castro,  5  Saw.  C.  C.  625. 
Tturbide  v.  United  States,  I  Hoff.  L.  Cas. 

273. 

Vallejo  v.  Clark,  3  Cal.  17. 
Nuns  v.  Palmer,  6  Cal.  8. 
People  v.  Kelly,  38  Cal.  145. 
UuiUarger  v.  Cliaboya,  4'J  Cal.  525. 
Secretary  Interior,  July  3, 1«7^,  Copp's  L. 

L.  563. 
Secretary  Interior,  Rancho  Arroyo  Chico, 

March  19.  Ic60. 
Secretary  Interior,  Rancho  Laguna  de  Ja 

Merced,  May  19, 1869. 
Secretary  Interior,  Rancho  Choular,  March 

19,  lf7U. 

Secretary  Interior,  Rancho  Las  Bolsas,  Feb. 

25,  1B76. 
Secretary  Interior,  Rancho  Las  Bolsas,  Feb. 

15, 1877. 
Secretary  Interior,  Rancho  San  Antonio, 

Feb.  7, 1877. 
Secretary  Interior,  Rancho  Napa,  Sept.  20, 

1»79. 
Com'r  G.  L.  O.,  Rancho  Las  Animas,  Oct. 

3,  lf-73,  Copp's  L.  L.  574. 
Com'r  G.  L.  O  ,  Rancho  San  Antonio,  Jan. 

23, 1*77,  3  Copp's  L.  O.  199. 
Com'r  G.  L.  O.,  Rancho  ex-Mission  San  Fer- 

uaudo,  Jan  24,  Irt73. 
Com'r  G.  L.  O.,   Rancho  Posolmi,   Dec.  4, 

1875. 
Com'r  G.  L.  O.,  Rancho  Cabeza  de  Santa 

Rosa,  Dec.  2, 1878. 
Com'r  G.  L.  0.,  Rancho  Napa,   April  21, 

1879. 


CITATION   OF   DECISIONS. 


XXV 


KASKASKIA  DISTRICT— 

Confirmed  claims  in :  • 

I  Op.  Alt,  Gen.  191. 
Secretary  Treasury,  instructions,  May  7» 

1810,  2' L.  I.&O/699. 
Secretary  Treasury,  instructions,  May  14, 

1810,  a'L.I.  &O.  700. 
Secretary   Treasury,  instructions,  May  23, 

1810,  2L.  I.  &O."7i):J. 
Coni'r  G.  L.  O.,  instructions,  July  5,  1814, 

2L.  I.  &O.  708. 
LEAD  MINES— 

United  States  v.  Gear,  3  Pet.  120. 
Delassus  v.  United  States  9  Pet.  117. 
United  States  v.  Gratiot,  14  Pet.  526. 
United  States  v.  Gratiot,  1  McLean,  C.  C. 

454. 

United  States  v.  Gear,  3  McLean,  C.  C.  571. 
Larimer  V.  Lewis,  Morris  (Iowa,),  253. 
1  Op.  Att.  Gen.  593  ;  2  id.  708  ;  2  L.  I.  &  O. 

127,  173. 
Com'r  G.  L.  0.,  instructions,  Aug.  23,  1834, 

2  L.  I.  &  O.  502. 
Com'rG.  L.  O.,  instructions,  July  29,  1835, 

2  L.  I.  &  O.  508. 
Com  r  G.  L.  O.,  circular,  July  3, 1816,  2  L. 

I.  &  O.  815. 

LIMITATIONS,  STATUTE  OF— 
Foreign  grants,  time  for  asserting: 
Strother  v.  Lucas,  12  Pet.  410. 
Gibson  v.  Ciioieau,  13  Wall.  92. 
Palmer  v.  Low,  8  Otto,  1. 
Montgomery  v.  Bevans,  1  Saw.  C.  C.  653. 
Palmer  v.  Low,  2  Saw.  C.  C.  248. 
Harris  v.  McGovern,  2  Saw.  C.  C.  515. 
Le  Roy  v.  Carroll,  3  Saw.  C.  C.  66. 
Prim  v.  Horen,  27  Mo.  205. 
JoliLsou  v.  Van  Dyke,  20  Cal.  225. 
Davis  v.  Davis.  26  Cal.  46. 
Beach  v.  Gabriel,  29  Cai.  580. 
Hills  v.  Sherwood,  33  Cal.  479. 
Reed  v.  Spicer,  27  Cal.  58. 
Mahouey  v.  Van  Winkle,  33  Cal.  448. 
Sabichi  v.  Aguilar,  43  Cal.  285. 
Chipley  v.  Farris,  45  Cal.  527. 
Gardiner  v.  Millar,  47  C-il.  570. 
McMauus  v.  O'Sullivau,  4d  Cal.  7. 
Hager  v.  Spcet,  48  Cal.  406. 
Reed  v.  Ybarra,  50  Cal.  465. 
Hartiuan  v.  Reed,  50  Cal.  485. 
Morris  v.  Do  Cehs,  51  Cal.  55. 
De  Miranda  v.  Toomey,  51  Cal.  165. 
Burton  v. Robinson,  51  Cal.  186. 
Mining  claims: 

Tbo  Four-Twenty  Mg.  Co.  v.  The  Bullion 

Mg.  Co.,  3  Saw.  C.  C.  034. 
Davis  v.  Clark,  2  Montana,  310. 
Maine  Boys  Co.  v.  Boston  Co.,  37  Cal.  40. 
Possession,  when  a  protection: 

Walker  v.  Turner,  9  Wheat.  541. 

Wallace  v.  Mimer,  G  Ohio,  367. 

Wallace  v.  Miiner,  7  Ohio,  249. 

Clark  v.  Southerland,  1G  Ohio  St.  408. 

Hargis  v.  The  Inhabitants.  29  Lud.  70. 

Tillotson  v.  Doe  ex  dem.  Kennedy,  5  Ala. 407. 

Ashley  v.  Rector,  20  Ark.  35!). 

Clark  v.  Hnmmeiie,  27  Mo.  55. 

St.  Louis  University  v.  McCuue,  28  Mo.  481. 

AicCuno  v.  O'Fallon,  32  Mo.  13. 

Richardson  v.  Williamson,  24  Mo.  289. 

Vassant  v.  Seitz,  31  Mo.  226. 

Fisher  v.  Coon,  40  Mo.  34. 

Jutisoii  v.  Mallou,  40  Mo.  300. 

Grimm  v.  Cm-ley.  43  Mo.  230. 

Hartman  v.  Reed,  50  Mo.  485. 

Langford  v.  Poppe,  Sup.  Ct.  Cal.,  6  Pacific 

Coast  Law  Journal,  434. 
Recovery,  when  bar  to  : 

Heiishaw  v.  Bissell,  18  Wall.  255. 
Bissel!  v.  Heiishaw,  I  Saw.  C.  C.  553. 
Union  Mill  and  Mining  Co.  v.  Ferris,  2  Saw. 

C.  C.  176. 

Hall  v.  Russel,  3  Saw.  C.  C.  506. 
Withe  v.  Smith,  4  Saw.  C.  C.  17. 
Norton  v.  Meader,  4  Saw.  C.  C.  603. 
Duke  v.  Thompson,  16  Ohio,  34. 
Wood  v.  Ferguson,  7  Ohio  St.  288. 
Trustees  of  Greeu  Tp.  v.  Campbell,  16  Ohio 

St.  11. 


LIMITATIONS,  STATUTE  OF—  Continued. 
Recovery,  when  bar  to  : 

Cabunue  v.  Lindell.  12  Mo.  184. 
Grav  v.  Gives,  26  Mo.  291. 
Funlhouser  v.  Langkopp,  26  Mo.  453. 
Gibson  v.  Choteau,  50  Mo.  8C. 
Mclllinney  v.  Fickle,  61  Mo.  329. 
Fremont  v.  Seals,  18  Cal.  433. 
Lathrop  v.  Mills,  1U  Cal.  514. 
Van  Sickle  v.  Haines,  7  Nev.  249. 
Langford  v.  Poppe,  Sup.  Ct.  Cal.,  6  Pacific 

Coast  Law  Journal,  4.J4. 
LOUISIANA— 
Back  Lands : 

Jourdan  v.  Barrett,  4  How.  169. 
Surgett  v.  Lapice,  8  How.  48. 
Haydel  v.  Dufresne,  17  How.  23. 
Terrill'0.  Chambers,  12  La.  578. 
Jourdan  v.  Barrett,  13,  La.  24. 
Tompson  v.  Schlater,  13  La.  115. 
Marsh  v.  Gonsoulin,  16  La.  84. 
Landry  v.  Gauteau,  1  Rob.  (La.)  372. 
Kfctridge».  Breand,  2  Rob.  (La.)  41. 
Kittridge  v.  Landry,  2  Rob.  (La.)  72. 
Kittridge  v.  Breand.  4  Rob.  (La.)  79. 
Broussard  v.  Gonsoulin,  12  Rob.  (La.)  1. 
Secretary  Treasury,  March  16,  1822,  2  L.  I. 

&  O.  359. 
Secretary  Treasury,  March  30,  1822,  2  L.  I. 

&  O.  359. 
Com'r.  G.  L.  O.,  instructions,  Sept.  27, 1823, 

2  L.  I.  &  O.  374. 
Com'r  G.  L.  O.,  instructions,  Feb.  27,  1834, 

2  L.  I.  &  O.  491. 
Com'r  G.  L.  O.,  instructions,  Oct.  9,  1832,  2 

L.  1.  &  O.  5*2. 
Com'r  G.  L.  O., instructions,  March  18, 1833, 

2  L.  I.  &  O.  573. 
Com'r  G.  L.  O.,  instructions,  June  8,  1833, 

2  L.  I.  &  O.  577. 
Com'rG.  L.  O.,  instructions,  April  13, 1825, 

2  L.  I.  &  O.  727. 
Com'r  G.  L.  O.,  instructions,  July  27,  1823, 

2  L.  I.  &  O.  828. 
Com'r.  G.  L.  O.,  instructions,  March  2, 1827, 

2  L.  I.  &  O.  864. 
Conrr  G.  L.  O.,  instructions,  Aug.  7,  1832, 

2  L.  I.  &  O.  937. 
Com'r  G.  L.  O.,  instructions,  March  5, 1834, 

2  L.  I.  &  O.  955. 
Com'r  G.  L.  O.,  instructions,  Oct.  17.  1834, 

2  L.  I.  &  O.  958. 
Com'r  G.  L.  O.,  instructions,  Aug.  14, 1837, 

2  L.I.  &O.  1013. 
Com'r  G.  L.  O.,  instructions,  July  25,  1838, 

2L.  I..&O.  1019. 
Cession  by  Spain  to  France  : 

Kenton  v.  Leonardo,  1  Rob.  (La.)  343. 
MANKATO,  VILLAGE  OF— 
Coy  v.  Coy,  15  Minn.  119. 
Vifiage  of  Mankato  v.  Meagher,  17  Minn. 

265.' 

MILITARY  SITES— 
Sales  of: 

Culliver  v.  Berge,  1  Rob.  (La.)  427. 

3  Op.  Att.  Gen.  108. 

Secretary  Interior,  Rock  Island,  January 

24,  1859,  1  Lester  690. 
Secretary  Interior,  Fort  Kearney,  Nov.  5, 

1878,  5  Copp's  L.  O.  131. 
Com'r  G.  L.  O.,  instructions,  July  12,  1817, 

2  L.  I.  &  O.  291. 
Com'r  G    L.  O.,  Fort  Dearborn,  July  31, 

1835,  2  L.  I.  &  O.  612. 
Com  r  G.  L.  O.,  instructions,  May  3,  1876, 

2  L.I.  &  0.813. 
Com'r  G.  L.  O.,  Fort  Ridgley,  June  10, 1874, 

Copp's  L.  L.  311. 
MINERAL  LANDS— 

Abandonment  and  forfeiture  : 

Hibschle  v.  Gildersleeve,  U.  S.  Dist.  Ct., 

Colo.,  1880  (not  reported). 
Mallett  v.  Uncle  Sain  Co.,  1  Nev.  188. 
Oreamuns  v.  Uncle  Sani  Co.,  1  Nev.  215. 
Weill  v.  Lucerne  Co.,  1 1  Nev.  200. 
King  v.  Edwards,  1  Montana,  235. 
Atkins  v.  Hendree,  1  Idaho,  107. 
Murley  v.  Ennis.  2  Colo  300. 
Fairbanks  v.  Woodhouse,  6  Cal.  433. 


XXVI 


CITATION   OF   DECISIONS 


MINERAL  LANDS—  Continued. 
Aba/idoiiiiie/it  and  forfeiture : 
Davis  v.  Butler,  6  Cal.  510. 
Ferris  v.  Cooper,  10  Cal.  689. 
Waring  T.  Crow,  11  Cal.  366. 
Giuckauf  v.  Reed,  22  Cal.  468. 
Coleman  v.  Clements,  23  Cal.  245. 
Richardson  v.  McNultA ,  24  Cal.  339. 
Wiseman  i-.  McNnlty,  23  CaL  230. 
St.  John  v.  Kitld,  86  Cal.  264. 
Dupuy  .-.  Williams.  2t>  Cf:l.  309. 
Bull  v.  Tunnel  <fc  Mg.  Co.,  36  Cal.  214. 
Judson  v.  Mulloy,  4l»  Cal.  300. 
Stran-;  v.  Ryan,  4f>  Cal.  33. 
Moreuhaat  t>.  Wilson.  5-^  Cal.  226. 
Stone  c.  The  Geyser  Q  M.  Co.,  52  Cal.  315. 
iiyers  v.  SpOOUttT,  Sup.  Ct.  Cal.  1880  (not 

reported). 
Secretary  Interior,  Jan.  3, 1877,  Sacramento 

Lode,  3  Coyy's  L.  O.  19J. 
Secretary  Inteiior,  May  22,  1878,  Empire 

G.  &.  S.  Mg.  Co.,  5  Copp's  L.  O.  50. 
Secretary  Interior,  June  29,  1878,  Omaha 

Soda  Mine,  5  Copp's  L.  O.  66. 
Secretary  Interior,  March  4,  1579,  Am.  Hill 

Mine,  6  Copp's  L  O.  2. 
Adverse  claims:. 

The  Eureka  Case,  4  Saw.  C.  C.  302. 
Golden  Tleece  Co.  v.  The  Cable  Co.,  12  Nev. 

31  J. 

Seais  r.  Taylor,  4  Colo.  .C8. 
Secretary  Interior,  Feb.  24,  1573,  Julia  G. 

<fc  S.  Mir.  Co.,  Copp's  Mg.  Dec.  101. 
Secretary  Interior.  Oct.   28,    Ic73,   Darda- 
nelles Mg.  Co.,  Copp's  My;.  Dec.  1(1. 
Secretary  Interior,  -A*ig.  7,  1671,  Becker  r. 

Central  City,  2  Copp's  L.  O.  98. 
Secretary   Interior,  Sept.   9,    1674,   Daniel 

Webster  \,  Homestead  Cos.  1  Copp's  L. 

Secretary  Interior,  Jan.  2,  1875,  Kempton 

Mine.  1  Copy's  L.  0. 17s. 
Secretary  Interior,  March  22,    1875,  Fonr- 

Twtiity  Co.  v.  Bullion  Co.,  2  Copy's  L. 

0. 5. 
Secretary  Interior,  Feb.  12, 1376,  Hawley  v. 

Menmon  Co..  2  Copp's  L.  0. 17K 
S-crettrv  Inierior,  Dec.  215, 1870,  King  of  the 

We.-t  p.  Ci'.y  llock,  3  Coyp's  L.  0. 1G2. 
Secretary  Interior,  Feb.   17,  1877,  Corning 

Tunnel  Co.,  3  Copp's  L.  O.  195. 
Secretary  Interior,  April  17,  1*77,  Pride  of 

the  West  Lode,  4  Copy's  L.  0. 34. 
Secretary  Interior,  Jan.  3, 1877,  Sacramento 

Lode,  3  Copy's  L.  O.  196. 
Secretary  Inierior,  July  14, 1877,  Aitken  et 

oi.,  4  Copy's  I*  0. 66. 
Secretary  Interior,  Sept  27,  1877,  Spruce- 

rnont  Lode,  G.  L.  O-  Rep.  1«77,  p.  "35. 
Secretary  Interior,  June  25,  1879,  Iowa  Co. 

v.  Bonanza  Co..  6  Copp's  L.  O.  75. 
Secretary  Inteiior,  July  17,  1879,  Dolly  Var- 

d-.n  Mine,  6  Copp's  L.  O.  73. 
Com'r  G.  L.  O.,  Sept.  27,  1880,  Chavanne  v. 

Hurricane  Lode,  «  Wash.  Law  Rep.  637. 
Com'r  G.  L.  O.r  Dec.  2.»,  1871,  WiiJiams  v. 

Carpenter.  Coyy's  Mg.  Dec.  76. 
Com'r  G.  L.  O.,  Sept.  2(5,  ip72,  Maine  Lode, 

Copy's  Mg.  Dec.  145. 
Com'r  G.  L.  O.,  Jan.  14,  1873,  A.J.  Ridge, 

Copy's  M-  .Dec.  156. 
Com'r  G.  L.  O.,  June!*.  1873,  Mountain  Tiger 

Lode,  Copy's  M«r.  Dec.  202. 
Com'r  G.  L.  O.,  July  17,  It73,  Tiger  S.  Mg. 

Co.,  Copy's  Mg.  Drc.  337. 
Com'r  G.  L.  O.,  Jan.  21, 1874,  Pennsylvania 

Mine.  1  Copp's  L  O.  60. 
Com'r  G.  L.  <).,  Oct.  -J6,  1874,  Marshall  S. 

Mg.  Co.,  I  Copt»'s  L  O.  132. 
Com'r  G.  L.  O.,  Dec.  14,  1674,  City  Rock  r. 

King  of  the  West.  1  Copp's  L.  O.  146. 
Com'r  G.  L.  O.,  May  12,  1«76,  Omaha  G.  Mg. 

Co.,  3  Cnyy's  L.  O.36. 
Com'r  G.  L.  O.,  Dec.  19,  Ifc78,  J.  B.  Hewitt  et 

a*.,5Coyp's  L.  O.  162. 
Com'r  G.  L.  O.,  April  25,  1879,  Eldred  r. 

Lacey,  6  Copp's  L.  O.  34. 
Com'r  G.  L.  O.,  Sept,  19, 1879,  Lincoln  S.  Mg. 

Co.,  6  Copp's  L.  0. 105. 


MINERAL  LAXDS—  Continued. 
Adverse-  claiifis  : 

Com'r  G.  L.  O.,  Feb.  28.  1880,  Smuggler 

'Lode,  7  Copp's  L.  O.  50. 
Com'r  G.  L.  O.,  April  15,  1880,  Stuart  Mg. 

Co.,  7  Copp's  L.  O.  51. 
Com'r  G.  L.  O.,  June  2*,  1880,  Moonstone 

Fraction  Lode,  7  Copp's  L.  O.  50. 
Com'r  G.  L.  O.,  July  13,  lr<60,  Mammoth 

Lode,  8  Wash.  Law  "Rep.  461. 
Com'r  G  L.  O.,  Oct.  21,  li-.-O,  Wildman  Mine, 

8  Wash.  Law  Rep.  699. 
Com'r  G.  L.  O.,  March  2-5,  1860,  Nevada  Res- 

ervoir Co.  (unpublished). 
Com'r  G.  L.  O.,  April  30.  !8cO,  Morning  Star 

i  Waurloo  (unpublished). 
Com'r  G.  L.  O.,  Nov.  12,  18cO,  Morning  Star 

<3c  Waterloo  (unpublished). 


Secretary  Interior,  Feb.  17,  1877,  Corning 

Tunnel  Co.,  3  Copp's  L.  O.  19o. 
Com'r  G.  L.  O.,  Jan.  27,  1876,  A.  D.  Wheeler, 

2  Copp's  L.  O.  102. 
Com'r  G.  L.  O.,  Au^r.  26,  1879,  Argonaut 

Mine,  6  Copp's  L.  O.  92. 
Com'r  G.  L.  O..  Oct.  20,  1679,  Headlight 

Mine,  6  Copy's  L.  O.  122. 
Agents  a/id  attorney/: 

Secretary  Interior,  March  2,  1880,  W.  B. 

Frue  et  al,  1  Copp's  L.  O.  20. 
Com'r  G.  L.  O.,  Aug.  20,  1873,  R.  &  R.  Iron- 

ton,  Mo.,  Copp's  Mg.  Dec.  222. 
Com'r  G.  L.  O.,  Aug.  y.i,  Ie79,  Argonaut 

Mine,  6  Copp's  L.  O.  9;!. 
Com'r  G.  L.  O.,  Sept.  19,  1879,  M.  Blinn, 

G.  L.  O.  Rep.  1879,  p.  143. 
Com'r  G.  L.  O..  Oct.  2i>,   1879,  Headlight 

Mine.  6  Copp's  L.  0.  12-'. 
Agricultural  claims  vpun  mineral  lands: 
Ah  Yew  T.  Choate,  24  Cal.  r,62. 
Alford  r.  Barnurn,  45  CaL  482. 
Secretary  Interior,  Feb.  12,  1872,  circular, 

Copp's'  Mg.  Dec.  77. 
Secretary  Interior,  May  6,  1872,  Kenna  v. 

Dillon,  Copp's  Mg.  Dec.  93. 
Secretary  Inierior.  J  uly  10.  if  72,  C.  P.  R.  R. 

Co.  v.  Min  Claimants,  Copp's  Mg.  Dec.  128. 
Secretary  Interior.  Aug.  6.  lt<7:i,  Clark  v. 

Celles  et  al  ,  Copp's  Mg  Dec.  130. 
Secretary  Interior,  Dec.  14,  1672,  Smith  v. 

Stewart,  Copy's  Mg.  Dec.  13J. 
Secretary  Interior,  Jan    3,  Ia76,  H.  W.  R. 

Crouch,  2  Copp's  L.  O.  14G. 
Secretary  Interior.  Feb.  5.  1676,  Pulliam  v. 

Hunter.  2  Copp's  L.  O.  180. 
Secretary  Interior,  March  21,  1676,  Robert 

Anderson,  3  (  opp'.s  L  O  2. 
Secretary  Interior    March  23,  1876,  Evans 

v  Rendall.  3  Copp's  L  O.  2. 
Secretary  Interior,  April  5,  1677,  Mull  v. 

Rolls  <fc  Ross,  4  Copp's  L.  O.  19. 
Secretary  Interior,  June  21,  1677,  Carron  v. 

Curtis,  SC.py'sL.O  3. 
Secretary  Interior.  F<-b.  16,  1878,  Carron  v. 

Curtis,  5  Copp's  L.  O.  3. 
Secretary  Interior.  March  4,  1879,  Kemy  v. 

Srarr,  6  Coyy's  L.  O  4. 
Secretary  Interior,  Dec.  22,  1879,  Scrogin  v. 

Culver,  7  Copy's  L.  O.  23. 
Secretary  Interior,  April  17.   1880,  Xorth 

Leadville  i*.  Searl,  7  Copp's  L.  O  36. 
Com'r  G.  L.  O..  Nov.  14    1*72.  T  remain  v. 

Brydon,  Copp's  Mg.  Dec.  14-. 
Com'r  G.  L.  O.,  Oct.  21.  Ie71,circular,  Copp's 

Ma.  Dec.  60. 
Com'r  G.  L.  O  .  Dec.  2.  1872,  A.  A.  Sargent, 

Copp's  Mg.  Dec.  150. 
Com'r  G.  L.  O-.  March  12,  1873,  J.  P.  Jones, 

Copy's  ML:.  Dec.  163. 
Com'r  G.  L.O.July  10,  1873.  C.  Madden, 

Copy's  Mir.  Dec.  206. 
Com'r  G.L  O..  Xov.  11,  1873,  P.  B.  Sibley, 

Coyy's  Mg.  Dec.  233. 
Com'r  G.  L.  O..  Aug.  4,  1875,  Mullan  &.  Hyde, 

•2  Coyy's  L.  O.  84. 
Com'r  G.  L  O.,  Feb.  18.  1875,  Ewinga.  Hart- 

man.  1  Coyy's  L.  O.  180. 
Com'r  G.  L  O  ,  June  21,  1876,  H.  F.  Page,  3 

Copp's  L.  O.  50. 


CITATION   OF   DECISIONS. 


XXV11 


MINERAL  LANDS—  Continued. 

Agricultural  claims  upon  mineral  lands  : 

Com'r  G.  L.  O.,  Oct.  24,  1876,  Carrun  v.  Cur- 
tis, 3  Copp's  L.  0. 130. 
Com'r  G.  L.  O.,  Nov.    23,  1876,   Town  of 

Butte.  Montana,  3  Copp's  L.  0. 131. 
Com'r  G.  L.  O.,  Dec.  20,  Io76,  Smith  &  Clark, 

4  Copp's  L.  0. 102. 
Com'r  G.  L.  O.,  .March  21, 1877,  C.  &  O.  R.  R. 

Co.,  4  Copp's  L.  0. 2. 
Com'r  G.  L.  O.,  March  26,  1877,  Bellows  et 

al ,  4  Copp's  L.  0. 17. 
Coru'r  G.  -L.  O.,  April  25, 1879,  Chapman  v. 

Lanig,  ti  Copp's  L.  O.  91. 
Com'r  G.  L.  O.,  Nov.  6,  1879,  C.  H.  Wyman, 

6  Copp's  L.  O.  135. 
Com'r  G.  L.  O ,  April  22,  1880,  circular,  7 

Copp's  L.  0. 36. 
Applications  : 

Secretary  Interior,  Nov.  6, 1873,  Santa  Rita 

del  Cobre  Mine,  Copp's  Mg.  Dec.  191. 
Secretary  Interior,  Jan.  2,  1875,  Kempton 

Mine,  1  Copp's  L.  0. 178. 
Secretary  Interior,  March  22,  1875,  Four- 
Twenty  Co.  v.  Bullion  Co.,  2  Copp's  L. 

O.  o. 
Secretary  Interior,  June  29, 1875,  Sapphire 

v.  Daney,  G.  L.  O  Rep.  1876,  p.  78. 
Secretary  Interior,  Jan.  3, 1877,  Sacramento 

v.  Last'Cnauce,  3  Copp's  L.  O..  196. 
Com'r  G.  L.  O.,  Sept.  21,  1»72,  1.  G.  Irwin, 

Copp's  .Mg.  Dec.  145. 
Com'r  G.  L.  O.,  Feb.  18,  1873,  W.  Singer, 

Copp's  JJg.  Dec.  Ifj'J. 
Conrr  G.  L.  O.,  March  24,  1873,  Gold  Hill 

Tunnel  Co.,  Copp's  Mg.  Dec.  105. 
Com'r  G.  L.  O.,  April  15,  1873,  Santa  Rita 

del  Cobie,  Copp's  Mg.  Dec.  188. 
Com'r  G.  L.  O,,  Jan.  22,  1873,  R.  &  R.,  Le 

Grand,  Oreg.,  Copp's  Mg.  Dec.  157. 
Com'r  G.  L.  O.,  Jan.  ti,  1»74;  R.  &  11.,  Carson 

City,  Nov.,  Copp's  Jdg.  Dec.  340. 
Com'r  G.  L,.  O  ,  duly  21, 1874,  Pennsylvania 

Mg.  Co.,  1  Copp's  L.  O.  66. 
Com'r  G.  L.  O.,  Aug.  18,  1874,  Hayden  & 

Gilchrist,  1  Copp's  L.  O.  83. 
Com'r  G  L.  O.,  Dec.  14,  1874,  King  of  the 

West  Lode,  1  Copp's  L.  O.  146. 
Com'r  G.  L.  O  ,  Aug.  17,  1875,  R,  &  R., 

Helena,  Mont  ,  2  Copp's  L.  O.  t2. 
Com'r  G.  L.  O.,  Nov.  J2,  1875,  Lake  Quick- 
silver Mg.  Co.,  2  Copp's  L.  O.  130. 
Com'r  G.  L.  O.,  Dec.  x9,  1875,  South  Corn- 
stock  G.  &  S.  Co.,  2  Copp's  L.  O.  146. 
Com'r  G.  L.  O.,  April  29,  1«75,  Yosemite 

Mine,  3  Copp's  L.  O.  18. 
Com'r  G.  L    O.,  April  20,  1877,  Surveyor- 
General,  Colorado,  4  Copp's  L   O.  35. 
Com'r  G.  L.  O.,  Oct.  20,   Io79,  Headlight 

Mine,  li  Copp's  L.  O.  122. 
Citizenship  : 

Ciaig  v.  Bradford,  3  AVheat.  594. 

Govern eur's  heirs  v.  Robertson,  11  Wheat. 

33J. 

Cross  v.  De  Valle,  1  Wall.  1. 
Overman  v  Baldwin,  6  Wall.  116. 
Cowell  v.  Springs  Co.,  10  Otto,  55. 
Phillips  v.  Moore,  10  Otto,  208. 
5  Op.  Alt.  Gen.  551. 

Op.  Att.  Gen.  Aug.  6,  1875  (not  published). 
Chapman  v.  Toy  Long,  4  Saw.  C.  C.  28. 
Jackson  v.  Beech,  Jouuson's  Cases,  401. 
Mitchell  v.  llargood,  G  Cal.  148. 
Seci etary  Interior,  Jan.  2,  1875,  Kempton 

Mine,  1  Copp's  L.  O.  178. 
Secretary  Interior,  April  1,  1875,  Wander- 
ing Boy  Mine,  2  Copp's  L.  O.  2. 
Seci  etary  Interior,   July  28,   Ie75,   Mono 

Mg.  Co.,  2  Copp's  L.  O.  68. 
Secretary  Interior,    July  29,   1876,    John 

Mooney,  3  Copp's  L.  O.  68 
Seci  etary   Interior,    July  26,    1879,    New 

Llria  Co..  G.  L.  O.  Rep.  1879,  p.  157. 
Com'r  G.   L.  O. ,  Juno  7,  1871,   Gunboat 

Lode,  Copp's  Mg.  Dec.  43. 
Com'r   G.   L.    O..   Aug.  13,   1872,  Billings 

Lode,  Copp's  Mg.  Dec.  134. 
Com'r  G.  L.  O.,  Sept.  17, 1874,  Cash  Lode,  1 

Copp's  L.  O.  98. 


MINERAL  LANDS—  Continued. 
Citizenship  : 

Com'r  G.  L.  O  ,  Oct.  28, 1875,  Dudley  Chase, 

2  Copp's  L.  O.  114. 

Com'r  G.  L.  O.,  April  24,  1876,  J.  B.  Coates, 

3  Copp's  L.  0. 18. 

Com'r  G.  L.  O.,  July  18,  1876,  Lady  Allen 

Lode,  3  Copp's  L.  O.  69. 
Co-owners : 

The  Four-Twenty  Mg.  Co.  v.  The  Bullion 

Co.,  3  Saw.  C.  C.  634.  * 

Mallett  -v.  Uncle  Sam  Co.,  1  Nev.  188. 
Chase  v.  Savage  Co.,  2  Nev.  9. 
Buclier  v.  Mulverhill,  1  Montana,  306. 
Murley  v,  Enuis,  2  Cofo.  300. 
Waring  v.  Crow,  11  Cal.  366. 
Gore  v.  McBrayer,  18  Cal.  582. 
Rowe  v.  Bacigalluppi,  21  Cal.  633. 
Colernau  v.  Clements,  23  Cal.  245. 
Hughes  v.  Devlin,  23  Cal.  501. 
Wiseman  v.  McNulty,  25  Cal.  230. 
Morton  v.  Solambo  Co.,  26  Cal.  527. 
Dui  yea  v.  Burt,  28  Cal.  5(i9. 
Goller  v.  Fett,  30  Cal.  481. 
Settembre  v.  Putnam,  30  Cal.  490. 
Jones  v.  Clark,  42  Cal.  180. 
Taylor  v.  Castle,  42  Cal.  367. 
Decker  v.  Howell,  42  Cal.  636. 
Strang  v.  Ryan,  46  Cal.  33. 
Com'r  G.  L.  O.,  July  19,  1876,  Minnie  T. 

&  M.  Co.,  3  Copp's  L.  O.  66. 
Com'r  G.  L.  O.,  June  9,  1877,  D.  P.  Whe- 

dou,  4  Copp's  L.  O.  50. 
Com'r  G.  L.  O.,  Dec.  21, 1877,  B.  H. Brooks, 

5  Copp's  L.  O.  4. 
Coal  Lands : 

Stroud  v.  Railway  Co.,  4  Dillon,  C.  C.  396. 
Com'r  G.  L.  O.,  Aug.  11,  1873,  Rocky  Moun- 
tain Coal  Co.,  1  Copp's  L.  O.  2. 
Coni'r  G.  L.  O.,  March  23  1874,  John  Toa- 

kum,  1  Copp's  L.  O.  3. 
Com'r  G.  L.  O.,  May  25,  1874,  M.  H.  Dun- 

ndl,  1  Copp's  L.  O.  34. 
Com'r  G.  L.    O.,  Nov.  3,  1874,  Hogden  & 

\V  heeler,  1  Copp's  L.  O.  135. 
Exclusion  of  minerals  from  grants  to  certain 

States: 

Cooper  v.  Roberts,  18  How.  173. 
He^  denfeldt  v.  Mining  Co.,  3  Otto,  634. 
Ivauhoe  Mg.    Co.  v.    Keystone  Con.  Mg. 

Co.,  U.  S.  Sup.  Ct.,  Oct.  Term,  1880. 
Boggs  v.  Merced  Mining  Co.,  14  CaL  ii79. 
Burdge  v.  Smith,  14  Cal.  3cO. 
Doraii  v.  Railroad  Company,  24  Cal.  452. 
Hijrgiiia  v.  Houghton,  23  Cal.  252. 
McLaughliii  v.  Powell,  50  Cal.  64. 
Wedekind  v.  Craig,  Sup.  Ct.,  Cal.  1880  (un- 
published). 
Secretary  Interior,  May  20, 1880,  State  Nev., 

Copp'.s  Mg.  Dec.  31. 
Secretary  Interior,    April   18,   1873,  State 

Cal.,  Keystone  case.  Coup's  Mg.  Dec.  105. 
Seci  etary  Interior,   April  30,    1&79,    State 

Colo.,  7  Wash.  Law  Rep.  (73. 
Com'r  (T.  L.  O.,  Nov.  3,    1874,    State  Cal., 

1  Copp's  L.  O.  134. 

Com'r  G.  L.  O.,  Feb.  5,  1879,  State  Colo., 

5  Copp's  L.  O.  178. 

Com'r  G.  L.  O.,  Dec.  18,  1879,   State  Colo., 

6  Cop,/s  L.  O.  152. 

Exception  of  mineral  lands  in  certain  States: 
Com' i  G.  L.  O.,  July  21,  1876,  circular,  3 

Copp's  L.  O.  132. 
Expenditures : 

Mt.  Diablo  Mg.  Co.  v.  Callison,  5  Saw.  C.  C. 

439. 

Packer  r.  Heatou,  9  Cal.  568. 
Secretary  Interior,  Aug.  27,  1872,   R.  M. 

Douglas,   Copp's  Mg.  Dec.  136. 
Secretary  Interior,  Sept.  6,  1878,   Sulphur 

Mine,   5  Copp's  L.  O.  100. 
Secretary  Interior,  March    4,    1879,   Aiu. 

Hill  Case,  6  Copp's  L.  O.  2. 
Secretary  Interior,  June  2.5, 1879,  DelNorte 

Lode,  7  Copp's  L.  O.  5. 
Com'r  G.  L  O.,  Oct  28, 1875,  Dudley  Chase, 

2  Copp's  L  O.  1(4. 

Cotn'r  G.  L.  O.,  Jan.  16, 1878,  John  Hunter. 
5  Copp's  L.  O.  34. 


XXV111 


CITATION   OF   DECISIONS.' 


MINERAL  LANDS— Continued. 
Expenditures: 

Cora'r  G.  L.  O.,  Aug.  20,  1879,    Am.  Flag 

Lode,    G.  L.  O.  Kep.  1879,  p.  144. 
Com'r  G.  L.  O..  Sept.  12,  1879,  E.  H.  Sal- 

tiel,  G.  L.  O.  Rep.  1879,  p.  143. 
Com'r  G    L.  O.,  Oct.  20,   1879,  Headlight 

Lode.  6  Copp's  L.  O.  122. 
Cum'r  G.  L.  O.,  May  1, 18*0,  H.  N.  Copp, 

7  Copp's  L.  O.  20. 

*  Com'r  G.  L.  O.  Sept.  25,  1880,  A.  H.  Hale, 

8  Wash  Law  Rep.  63:2. 

Weeks'  Mg.  Laws,  113,  115, 116, 118, 120, 121. 
Exploration,  occupation  and  purchase,  how  and 

what  subject  to : 
United  States  v.  Parrott,  1  McAllister,  C.  C. 

271. 

Chapman  v.  Toy  Long,  4  Saw.  C.  C.  28. 
Mt.  Diablo  Mg.'  Co.  v.  Callison,  5  Saw.  C.  C. 

439 

Stroud  T.  Railway  Co.,  4  Dillon  C.  C.  396. 
Hibschle  v.  Gildersleeve.  U.  S.  Dist.  Ct, 

Colo.,  1*80  (not  reported). 
14  Op.  Att.  Gen.  115. 
Rogers  r.  Coouey,  7  Nev.  213. 
Golden  Fleece  Co.   v.  Cable  Mg.  Co..  12 

N-v.  312. 

Gold  Hill  Co.  v.  Ish,  5  Oreg.  104. 
Stoakes  v.  Barrett,  5  Cal.  3<>. 
Cnnser  r.  Weaver,  G  Cal.  548. 
Weimer  ?.».  Lowry,  11  Cal.  104. 
Boggs  i   Merced  Mg.  Co.,  14  CaL  279. 
Ilenshaw  v.  Clark,  14  Cal.  461. 
Clark  v.  Duval,  15  Cal.  85. 
Smith  v.  Doe,  15  Cal.  100. 
Moore,  v.  Srnaw,  17  Cal.  199. 
Leutz  v  Victor.  17  Cal.  272. 
Fremont  v.  Seals,  18  Cal.  433. 
Rupley  v.  Welch,  23  Cal.  4  -2. 
Eusminger  r.  Mclntire,  23  Cal.  593. 
Do:  an  v.  Railway  Co.,  24  Cal.  245. 
Richardson  v.  McNulty.  24  Cal.  339. 
Gibson  r.  Pucbta,  33  Cal.  310. 
.     Levaioni  v.  Miller,  34  Cal.  231. 
Laird  v.  Waterford,  50  Cal.  315. 
Secretary  Interior,   Aug.   26,  1871,  Copp's 

Mg.  Dec.  60. 
Secretary  Interior,    Sept.  3,    1872,  Copp's 

Mi.  Dec.  140. 
Com'r  G.  L.  O.,  July  10,  1873,    Copp's  Mg. 

Dec.  209. 
Com'r  G.  L.  O.,  July  15,  1873,   Copp's  Mg. 

Dec.  310. 
ComT  G.  L.  O.,  July  26, 1873,  Copp's  Mg. 

Dec.  214. 
Com'r  G.  L.  O.,  Oct.  23, 1874. 1  Copp's  L.  O. 

139 
ComT  G.  L.  O.,  June  28, 1875, 2  Copp's  L.  O. 

66. 
Com'r  G.  L.  O  ,  Nov.  13, 1877,  4  Copp's  L.  O. 

179. 

Com'r  G.  L  O.,  Sept.  30, 1879. 
Intersecting  veins,  rights  of  parties : 

Secretary  Interior,  Feb.  24,  1873,   Julia  G. 

&S  M-r.  Co..  Copp's  Mg.  Dec.  101. 
Secretary  Interior,  July  21,  1879,  Adelaide 

v.  Camp  Bird,  6  Copp's  L.  O.  73. 
Com'r  G.  L.  O.  May  27,  1H72,  Julia  G.  & 

S.  Mg.  Co  ,  Copp's  Mg.  Dec.  96. 
Com'r  G.  L.  O .,  Fob.  2.3,  1876,    J.  B.  Bel- 
ford,  2  Copp's  L.  O.  178. 

Local  rule*,  regulations,  customs,  and  laws ;  ef- 
fect of: 

Sparrow  v.  Strong,  3  Wall.  97. 
Chapman  v.  Toy  Lons,  4  Saw.  C.  C.  28. 
Territory  v.  Lee,  2  Montana,  124. 
Hicks  r.  Bell,  3Ca'.2H). 
Stoakes  i.  Barrett,  5  Cal.  3G. 
Tartar  v.  Spring  Creek  Co.,  5  Cal.  395. 
Bridge  v.  Underwood,  6  Cal.  45. 
Doran  v.  Railway  Co..  24  Cal.  245. 
Morton  v.  Solambo  Mg.  Co.,  26  Cal.  527. 
Tunnel  Co.  v.  Stranahan,  31  Cal.  387. 
Titeomb  v.  Kirk,  51  Cal.  288. 
Golden  Fleece  Co.   v.  The  Cable  Co.,  12 

Nev.  312. 

Harvey  r.  Bryan.  42  Cal.  626. 
Com'r'G.  L.  O.,  Aug.  25, 1871, E.J.  Masters, 

Copp's  Mg.  Dec.  59. 


MINERAL  LANDS—  Continued. 

Locations  ,•  extent,  shape,  and  course  of : 

Flagstaff  Silver  Mg.  Co.  i.  Tarbet,  8  Otto, 

'463. 

The  Eureka  Case,  4  Saw.  C.  C.  302. 
Mt.  Diablo  Mg.  Co.  v.  CaUison,  5  Saw.  C. 

C.  439. 

Mallett  r.  Uncle  Sam  Co.,  1  Nev.  188. 
Foot  v.  National  M^.  Co.,  2  Montana,  402. 
Prosser  r.  Parks,  18  Cal.  47. 
Tunnel  Co.  r.  Stranahan,  31  Cal.  387. 
Correa  v.  Frietas,  42  Cal.  339. 
Secretary  Interior,  Aug.  26, 1874,  Silver  Ore 

Lode,  1  Copp's  L.  O.  83. 
Secretary  Interior,  Aug.  4,  1871,  New  Idria 

Mg.  Co..  Copp's  Mg.  Dec.  57. 
Com'r  G.  L.  O..  Sept.  22,  1*70.  San  Augus- 
tine Mg.  Co.,  Copp's  Mg.  Dec.  32. 
Com'r  G.  L.  O.,  March  19,  1873,  A.  B.  Beau- 

vais,  Copp's  Mg.  Dec.  1.  4. 
Com'r  G.  L.  O.,  May  1,  1873,  War  Eaglo 

Mine,  Copp's  Mg.  Dec.  195. 
Com'r  G.  L.  O..  May  20, 1873,  R.  O.  Old, 

Copp's  Mg  Dec,  201. 
Com'r  G.  L.  O.,  June  17,  1873,  Hoyt  Bros., 

Copp's  Mg.  Dec.  207. 
Com'r  G.  L.  O.,  July  10,  1873,  San  Xavier 

Mine,  Copp's  Mg.  Dec.  209. 
Com'r  G.  L.  O.,  Nov.  18,  1873,  T.  A.  Shaw, 

Copp's  Mg.  Dec.  235. 
Com'r  G.  L.  O.,  Feb.  11,  1875,  Surv.-Gen. 

Montana.  1  Copp's  L.  0. 179. 
Com'r  G.  L.  O  ,  Dec    29,  1875,  South  Corn- 
stock  Co.,  2  Copp's  L.  O.  146. 
Com'r  G.  L.  O  ,  Aug  28,  1876,  Philadelphia 

Lode,  3  Copp's  L.  O.  82. 
Com'r  G.  L.  O.,  May  4, 1880,  Surv.-Gen.  Colo. 

7  Copp's  L.  O.  35. 
Location  ,•  record  and  evidence,  of: 
Campbell  v.  Raukiu,  9  Otto,  261. 
Kinney  v.  Con.  Ya.  Mg.  Co.,  4  Saw.  C.  C. 

382. 
Hibscble  v.   Gildersleeve,  U.  S.  Dist.  Ct., 

Colo.,  1880  (unpublished). 
Mallett  v.  Undo  Sam  Co.,  1  Nev.  108. 
Yan  Valkenburgh  r.  Huff.  1  Nev.  142. 
Rogers  v.  Cooney,  7  Nev.  213. 
Phillpotts  v.  Blasdell,  8  Nev.  61. 
Weill  v.  Lucerne  Co.,  11  Nev.  200. 
Golden  Fleece  Co.  v.  Cable  Mg.  Co.,  12 

Nev.  312. 

Gleason  r.  Martin  White  Co.,  13  Nev.  442. 
Roberts  v.  Wilson,  1  Utah,  292. 
Connor  v.  McPhee,  1  Montana,  73. 
King  v.  Edwards,  1  Montana,  -235. 
Moxon  v.  Wilkinson,  2  Montana,  421. 
Muriey  v  Ennis,  2  Colo.  300. 
Sullivan  v.  Hense,  2  Colo.  4-J4. 
Patterson  v.  Hitchcock.  3  Colo.  533. 
Wolfley  v.  Lebanon  Co.,  4  Colo.  112. 
Sears  v.  Taylor,  4  Colo.  38. 
Live  Yankee  Co.  r.  Oregon  Co.,  7  Cal.  41. 
Water  Co.  v.  Mooney,  12  Cal.  534. 
Pennsylvania  Mg.  Co.  v.  Owens,   15  CaL 

135. 

Lombards  ».  Ferguson,  15  Cal.  372. 
Roach  v.  Gray,  16  Cal.  383. 
Attwood  v.  Fricot,  17  Cal.  38. 
English  v.  Johnson,  17  Cal.  108. 
Prosser  v.  Parks,  18  Cal.  47. 
Gore  v.  McBrayer,  18  Cal.  582. 
Downing  v.  Rankin,  19  Cal.  641. 
Tunnel  Co.  v.  Stranahan,  20  Cal.  198. 
Kelley  v.  Taylor,  23  Cal.  11. 
Coleman  v.  Clements,  23  Cal.  245. 
Maye  v.  Tappin,  23  Cal.  306. 
Draper  v.  Douglas,  23  Cal.  347. 
Morton  r.  Solambo  Mg.  Co.,  26  Cal.  527. 
Hess  v.  Winder,  30  Cal.  349. 
Tunnel  Co.  r.  Strauahan,  31  Cal.  387. 
King  v.  Randlett,  33  Cal.  318. 
Pralus  r.  Jefferson  Mg.  Co.,  34  Cal.  5S9. 
Pralus  v.  Pacific  Mg.  Co.,  35  Cal.  30. 
Bradley  v.  Lee,  38  Cal.  362. 
Harvey  v.  Ryan.  42  Cal.  626. 
Strang  v.  Ryan,  46  Cal.  33. 
Titcomb  v.  Kirk,  51  Cal.  •>-. 
Holland  v.  M.  A.  G.  Mg.  Co.,  53  Cal.  149. 
Gelcich  v.  Moriarity,  53  Cal.  217. 


CITATION   OF   DECISIONS. 


XXIX 


MINERAL  LA^VS-Continved. 
Location  ,•  record  and  evidence  of: 

Phoenix  Co.  v.  Lawrence,    Sup.   Ct.,  Cal., 
I8c>0  (unpublished). 

Myers  v.  Spooner,  Sup.  Ct.,  Cal.,  1880  (un- 
published). 

Secretary  Interior,  April  1,  1875,  2  Copp's 
L.  O.  2. 

Com'r  G.  L.  O.,  May  16,  1873,  Copp's  Mg. 
Dec.  200. 

Com'r  G  L.  O.,  Aug.  28,  1876,  3  Copp's  L. 
0.82. 

Com'r  G.  L.  O.,  June  13,  1876,  3  Copp's  L. 
O.  50. 

Com'r  G.  L.  O.,  Oct.  20,  1876,  6  Copp's  L.  O. 
122. 

Com'r  G.  L  O  ,  Sept.  25,  1880,  A.  H.  Hale, 

H  Wash.  Law  Rep.  652. 
Mill  Sites: 

Secretary  Interior,  April  20,  1876,  Newark 
Mill  and  Mg.  Co.,  3  Copp's  L.  O.  67. 

Com'r  G.  L.  O.,  Oct.   11,    1872,    Golconda 
Mill  Site,  Copp's  Mg.  Dec.  147. 

Com'r  G.  L.  O.,  April  16,  1873,  Surv.-Gen. 
New  Mexico.  Copp's  Mg.  Dec.  193. 

Com'r  G.  L.  O.,  May  20,  1873,   R  O.  Old, 
Copp's  Mg.  Dec.  201. 

Coni'r  G.  L.  O.,  March  10,  1874,  Surv.-Geu. 
Colo.,  1  Copp's  L.  O.  2. 

Com'r  G.  L.  O.,  Oct.  21, 1875,  E.  T.  George, 
2  Copp's  L.  O.  114. 

Com'r  G.  L  O.,  Sept.  24, 1879  (unpublished). 
Notice  : 

Wolfley  v.  Lebanon  Mg.  Co.,  4  Colo.  112. 

Secretary  Interior,  Dec.  5,  1871,  Flagstaff 
Lode,  Copp's  Mg.  Dec.  70. 

Secretary  Interior,  Nov.  21,  1873,  Eureka 
v.  Jenny  Lind,  Copp's  Mg  Dec.  169. 

Secretary   Interior,    April    30,  1874,   Bell- 
wether Lode,  1  Copp's  L.  O.  34. 

Secretary  Interior,  Jan.  2,  1875,  Kempton 
Mine,  1  Copp's  L.  O.  178. 

Secretary  Interior,  April  1,  1875,  Prince  of 
"Wales  Lode  et  al.,  2  Copp's  L.  O.  2. 

Secretary   Interior,   Dec.  1,    Ifc76,   Omaha 
Lode,  3  Copp's  L.  O.  163. 

Secretary  Interior,  Dec.  26,  1876,  King  of 
the  West  Lode,  3  Copp's  L.  O.  162. 

Com'r  G.  L.O,Nov.  12,  1873,  Secret  Canon 
Lode,  Copp's  Mg.  Dec.  234. 

Com'rG.  L.  O.,  July  21, 1874,  Pennsylvania 
Mine,  1  Copp's  L.  O.  66 

Com'r  G.  L.  O.,  Nov.  12,  1875,  Lake  Quick- 
silver Mg.  Co.,  2  Copp's  L.  O.  130. 

Com'r  G.  L.  O.,  March  7,  187o,  11.  &  R,  Cen- 
tral City,  Colo.,  2  Copp's  L.  O.  180. 

Com'r  G.  L.  O.,  April  29,  1876,  C.  W.  Can- 
non et  al.,  3  Copp's  L.  O.  18. 

Com'r  G.  L.  O  ,  Jan.  4,  1877,  K.  &  R.,  Fair- 
play,  Colo.  3  Copp's  L.  O.  196. 

Com'r  G.  L.  O.,  Aug.  26,  1879,  Argonaut 
Mine,  6  Copp's  L.  O.  92. 

Com'r  G.  L.  O.,  Oct.  29,  1879. 

Com'r  G.  L.  O.,  April  30,  1880. 
Partnerships : 

Bucher  v.  Mulverhill,  1  Montana,  306. 

Hughes  v.  Devlin,  23  Cal.  501. 

Chase  v.  The  Savage   Silver   Mg.  Co.,  2 

Nev.  9. 
Patents : 

Flagstaff  S.  Mg.  Co.  v.  Tarbet,  8  Otto,  436. 

The  Eureka  Case,  4  Saw.  C.  C.  302. 

Wollley  v.  Lebanon  Mg.  Co.,  4  Colo.  112. 

St.   Louis  Uo.  v.   Kemp,   U.    S.  Cir.   Ct., 
Colo..  1879  (unpublished). 

Secretary  Interior,  Jan.  14,  1873,  Wyoming 
Mine,  Copp's  Mg.  Dec.  152. 

Secretary  Interior,  Jan.  2,   1875,   Kempton 
Mine,  1  Copp's  L.  0. 178. 

Secretary  Interior,  March  22    1875,  Four- 
Twenty  Co.  v.  Bullion  Co.,  2  Copp's  L.  O.5. 

Secretary  Interior,  April  1,  1875,  Prince  of 
Wales  Lode  et  al.,  2  Copp's  L.  O.  2. 

Secretary  Interior,  July  29,    1875,   H.  F. 
Page,  2  Copp's  L.  O.  82. 

Secretary  Interior,  July  21,   1879,   Camp 
Bird  Mine,  6  Copp's  L.  O.  73.  • 

Com'r  G.  L.  O.,  Jan.  21,  18fc9,  G.  W.  War- 
ren, Copp's  Mg.  Dec.  18. 


MINERAL  LANDS— -Continued. 
Patents ; 

Com'r  G.  L.  O.,  July  22,  1869,  Idaho  Co., 

Copp's  Mg.  Dec.  21. 
Com'r  G.  L.  O.,  April  18,  1870,  Cascade  S. 

Mg.  Co.,  Copn's  Mg.  Dec.  30. 
Com'r  G.  L.  O.,~Jan.  2, 1872,  J.  N.  Whiting, 

Copp's  Mg.  Dec.  76. 
Com'r  G.  L.  O.,  Feb.  27,  1872,  Kansas  Lode, 

Copp's  Mg.  Dec.  79. 
ConiT  G.  L.  O.,  April  4,  1872,  Chicago  & 

Clear  Creek  Co.,  Copp's  Mg.  Dec.  85. 
Com'r  G.  L.  O.,  April  5,  1872,  Chicago  & 

Clear  Creek  Co.,  Copp's  Ms.  Dec.  88. 
Com'r  G.  L.   O.,  Oct.  2,   1672,   Vespasian 

Mine,  Copp's  Mg.  Dec.  146. 
Com'r  G.  L.  O.,  March  8,  1873,  A.  Sutro, 

Copp's  Mg.  Dec   162. 
Com'r  G.  L.  O.,  Feb.  26,  1873,  Hoyt,  Sears, 

&  McKee,  Copp's  Mg.  Dec.  213. 
Coih'r  G.  L.  O.,  Oct.  23, 1873,  C.  P.  R.  R.  Co., 

Copp's  Mg.  Dec.  227. 
Com'r  G.  L.  O.,  March  14,  1874,  Dutch  Flat 

Placer,  1  Copp's  L.  O.  2. 
Com'r  G.  L.  O.,  June  22,  1875,   Harkness 

Placer,  2  Copp's  L.  O.  98. 
Com'r  G.  L.  O.,  Oct.  26, 1875,  Enuater  Lode, 

2  Copp's  L.  O.  114. 

Com'r.  G.  L.  O.,  Dec.  29,  1875,  South  Corn- 
stock  Co.  2  Copp's  L.  O.  146. 
Cbm'r.  G.  L.  O.,  Feb.  25,  1876,  J.  B.  Belford, 

2  Copp's  L.  O.  178.     - 
Com'r.  G.  L.  O.,  Jan.  15, 1880,  Tilden  Lode, 

6  Copp's  L.  O.  171. 
Payment : 

Com'r  G.  L.  O.,  Jan.  30,  1873.  R.  &  R.,  Fair- 
play,  Colo.,  Copp's  Mg.  Dec.  157. 
Placers,-  riqht  of  possession  and  purchase  of: 

Chapman  v.  Toy  Long,  4  Saw.  C.  C.  28. 

Moxon  v.  Wilkinson,  2  Montana,  421. 

Secretary  Interior,  March  4,  1879,  Kemp  v. 
Starr,  6  Copp's  L.  O.  4. 

Com'rG.  L.  O..  Feb.  12,  1872,  T.  N.  Stod- 
dard,  Copp's  Mg.  Dec.  78. 

Conj'r  G.  L.  O.,  April  18,  1873,  R.  &  R.,  Los 
Angeles,  Cal.,  Copp's  Mg.  Dec.  194. 

Com'r  G.  L.  O.,  April  25,  1874,  R.  B.  Patton, 

1  Copp's  L.  O.  18. 
Area  of  placers  locataUe— Joint  entries : 

St.  Louis  S.  &  M.  Co.  v.  Kemp  et  al.,  TT.  S. 
Cir.  Ct,,  Colo.,  1879  (unpublished). 

Campbell  v.  Adams,  U.  S.  Dist.  Ct.,  Colo., 
Ib80  (unpublished). 

Com'r  G.  L.  O.,  March  1,  1871,  A.  A.  Sar- 
gent, Copp's  Mg.  Dec.  40. 

Com'rG.  L.  O.,  Jan.  2-2.  1873,  R.  &  R.,Le 
Grand.  Oreg.,  Copp's  Mg.  Dec.  157. 

Com'r  G.  L.  O.,  July  10,  1873,  R.  &R.,  Fair- 
play,  Colo.,  Copp's  Ms.  Dec.  211. 

Com'r  G.  L.  O.,  Oct.  23,  1«73.  R.  &  R.,  Sacra- 
mento, Cal.,  Copp's  Mg.  Dec.  229. 

Com'r  G.  L.  O.,  Nov.  20,  1873,  R.  &R.,  Fair- 
play,  Colo.,  Copp's  Mg.  Dec.  235. 

Com'r  G.  L.  O.,  Nov.  21,  1874,  H.  F.  Page, 
1  Copp's  L.  O.  134. 

Com'r  G.  L.  O.,  Sept.  21,  1879,  Smith  Bros., 

G.  L.  O.  Rep.  1879,  p.  143. 

Conformity  of  placers  to  surveys,  and  limitation 
of  area  : 

St.  Louis  S.  &  M.  Co.  v.  Kemp,  et  al.,  U.  S. 
Cir.  Ct,,  Colo.,  1880  (unpublished). 

Campbell  v.  Adams,  U.  S.  Dist.  Ct.,  Colo., 
1H80  (unpublished). 

Com'r  G.  L.  O.,  May  19,  1873,  Surv.-Gen. 

Montana,  Copp's  Mg.  Dec.  200. 
Possession  of  placer sunder statute  of 'limitations; 
effect  of : 

Four-Twenty  Mg.  Co.  v.  The  Bullion  Co.,  3 
Saw.C.  C/634.' 

Davis  ?;.  Clark,  2  Montana,  310. 

Maine  Boys  Co.v.  The  Boston  Co.,  37  Cal.  40. 
Proceedings  for  patents  on  placers,  and  inclwion 
of  lodes  : 

Com'r  G.  L.  O..  Aug.  12,  1873,  R.  &  R.,  Hel- 
ena, Montana,  Copp's  Mg.  Dec.  222. 

Com'rG.  L.  O.,  Oct.  17,  1873,  R.  &R.,  Sacra- 
mento, Cal ,  Copp's  Mg.  Dec.  226. 

Com'rG.  L.  O..  Sept,  18,  1880,  Olathe Placer, 

7  Copp's  L.  O.  100. 


XXX 


CITATION   OF   DECISIONS. 


MINERAL  LANDS— Confined. 

Proceedings  an  patents  for  placers,  and  inclusion 
of  lodes  : 

Com'rG.  L.  O.,  Sept.  30,  1880,  Hillside  Plac- 
er  (not  reported). 

Com'r  G  L.  O.,  Oct.  1,  1880,  Hillside  Placer 

(not  reported). 
Possession,-  rights  of,  and  enjoyment  by  locators: 

Sparrow  r.  Strong,  3  Wall.  07. 

Heydenfeldt  v.  Mining  Co.,  3  Otto,  634. 

Forbes  v.  Gracey,  4  Otto,  762. 

Jeuuison  v.  Kirk,  8  Otto,  453. 

Flagstaff  S.  Mg.  Co.  v.  Tarbet,  8  Otto,  463. 

iour-Twenty   Mining  Co.    v.  The  Bullion 
Co.,  3  Saw"  C.  C.  <)34. 

The  Eureka  Case,  4  Saw.  C.  C.  302. 

Chapman  r.  Toy  Long,  4  Saw.  C.  C.  28. 

Kinney  v.  Con.  Va.  Mg.  Co  ,  4  Saw.  C.  C.  382. 

Mt.  Diablo  Mg.  Co.  v.  Callison,  5  Saw.  C.  C. 
439. 

Hibschle  v.  Gildersleeve,  TJ.  S.Dist.  Ct., 
Colo.,  1880  (unpublished). 

Hale  &  Xorcross  r.  Storey  Co.,  1  Xev.  104. 

People  v.  Logan,  1  Xev.  109. 

Leet  v.  John  Dare  Mg.  Co.,  6  Xev.  218. 

OvemianCo.  v.  American  Mg.Co.,7Xev.312. 

Golden  Fleece  Co.  v.  Cable  Co.,  12  Xev.  312. 

Robertson  r.  Smith,  1  Montana,  412. 

Atkins  v.  Heudree,  L  Idaho.  107. 

Gold  Hill  Mg.  Co.  r.  Ish,  5  Oreg.  104. 

Patterson  v.  Hitchcock,  3  Colo.  533. 

Woliley  P.  Lebanon  Mg.  Jo  .  4  Colo.  112. 

Fitzgerald  v.  Urron,  5  Cal.  308. 

Bridge  v.  Underwood,  6  Cal.  215. 

Sims  v.  Sims,  7  Cal.  149. 

Merced  Mg.  Co.  v.  Fremont,  7  Cal.  317. 

O'Keiff  v.  Cuniiingtiani,  9  Cal.  5e9. 

Men  itt  v.  Judd,  14  Cal.  60. 

Boggs  r.  Merced  Mining  Co.,  14  Cal.  279. 

Henshaw  r.  Clark,  14  Cal.  461. 

Clark  --.  Duval,  15  Cal.  85. 

Smith  v.  Doe,  15  Cal.  100. 

Pennsylvania  Mi'.  Co.  v.  Owens,  15  Cal.  135. 

Esmond  v.  Chew.  15  Cal.  137. 

Brown  r.  'Forty-nine  &.  'Fifty-six  Co.,  15 
Cal.  152. 

Gillaii  v.  Hntchinson,  16  Cat.  154. 

Coryell  r.  Cain,  1C  Cal.  567. 

A tt  wo: id  >:  Frirot,  17  Cal.  38. 

English  /-..Johnson.  17  Cal.  108. 

Gore  r.  Me ura.ver,  Irf  Cal.  >2. 

Rogers  «-.  Soggs,  22  Cal.  444. 

llughes  v.  Devlin,  23  Cal.  501. 

Ensminger  v.  Mclntire,  23  Cal.  593. 

Derail  v.  Railway  Co.,  24  Cal.  245. 

Richardson  >:  MeXulty,24  Cal.  339. 

Hess  v.  Winder,  30  Cai.  34!». 

Tunnel  Co.  v.  Stranaban,  31  Cal.  387. 

Gibson  v.  Puchta,  33  Cal.  310. 

Levaroni  v.  Miller,  34  Cal.  231. 

Plains  r.  Jeu'erson  Mg.  Co  ,  34  Cal.  559. 

Pralus  r.  Pacific  Mir.  Co.,  35  Cal.  30. 

Clark  r.  Willett,  35'Cal.  535. 

Maine  Boys  Co  v.  Boston  Co.,  37  Cal.  40. 

Bradley  v.  Lee,  33  Cal.  362. 

Correa  v.  Frie-tas,  42  Cal.  339. 

Laird  v.  Watei  ford,  50  Cal.  315. 

Titcomb  ?;  Quirk,  51  Cal.  288. 

Phoenix  Co.  v.  Lawrence,  Sup.  Ct.,  Cal.,  1880 
(unpublished.) 

Com'r  G.  L.  O.,  Sept.  26,  1878,  Am.  Hill 
Mine,  5  Copp's  L.  O.  114. 

Com'r  G.  L  ().,  May  4, 18^0,  Snrv.-Gen.  Col- 
orado, 7  Copp's  L.  O.  35. 
Relocations: 

Secretary  Interior,  Nov.  6, 1873,  Santa  Rita 
del  Cobre  Mine,  Copp's  Mg.  Dec.  191. 

Secretai v  Interior  May  2-J,  ls-78.  Empire  G. 
&  S.  M'g.  Co.,  5  Copp's  L.  O.  50. 

Secretary  Interior  June  £9,  1878,  Omaha 
Soda  Mine.  5  Copp's  L.  O.  66. 

Com'r  G.  L.  O  ,  April  15,  1873,  Santa  Rita 
del  Cobre  Mine,  Copp's  Mg.  Dec  191. 

Coni'r  G.  L.  O.,  Sept.  25,  1873  .11.  &  R  ,  Cen- 
tral City.  Colo.,  Copp's  M<r.  Dec.  225. 

Com'r  G.'L.  O.,  Apiil  21,  lt<76,  Hazen  Che- 
ney, 3  Copp's  L.  O.  37. 

Com' r  G.  L.  O  ,  Dec.  13, 1«78,  Peerless  Lode,   i 
5  Copp's  L.  O.  162. 


MINERAL  LANDS- Omtimted. 
Protestants,  or  amid  curice : 

Secretary    Interior,   April    30,   1874,   Bell- 
wetbef  Lode,  1  Copp's  L.  O.  34. 

Secretary  Interior,  March  24,  1876,  Boston 
Q  ,  Mine.  4  Copp's  L.  O.  34. 

Secretary  Interior.  Feb.  17, 1877,  Mt.  Pleas- 
ant Mine,  3  Copp's  L.  O.  194. 

Secretary  Interior,  March   10.  1877,  Cerro 
Bonito  Q.  Mine,  4  Copp's  L.  O.  3. 

Secretary  Interior,  July  21,  Id79,  Camp  Bird 
Mine,  6  Copp'.s  L.  O.  73. 

Com'r  G.  L.  O.,  Aug.  17,  i874,  Seven-Thirty 
Lode,  1  Copp's  L.  O  82. 

Com'r  G.  L.  O.,  Oct.  8, 1875,  Searl  Lode,  2 

Copp's  L.  O.  115. 
Purchase,  rigid  of: 

The  Four-Twenty  Mining  Co.  v.  The  Bul- 
lion Co.,  3  Saw.  C.  C.  634. 

Chapman  v.  Toy  Long,  4  Saw.  C.  C.  28. 

Titcomb  v.  Kirk,  51  Cal.  288. 
Surveys  : 

Secretary  Interior.  May  22, 1878,  Empire  G. 
&  S.  Co.,  5  Copp's  L.  O.  50. 

Secretary  Interior,  Sept.  6,   1878,  Sulphur 
Mine,  5  Copp's  L.  O   100. 

Secretary  Interior,  Aug.  2,  18HO,  Orient,  Oc- 
cident at  al,  8  Wash.  Law  Rep.  540. 

Secretary  Interior,  Aug.  16,  1880,  Big  Flat 
Gravel  Mg  Co.  (unpublished). 

Secretary  of  Interior,  Oct.  26,  1880,  Beatrice 
and  Monitor  Lodes  (unpublished). 

Com'r  G.  L.  O..  April  17, 1873,  Josiah  Dartt, 
Copp's  Mg.  Dec,  193. 

Com'r  G.  L.  O.,  Sept.  11,  1873,  Surv.-Gen, 
Nevada,  Copp's  Mg.  Dec.  2:23. 

Com'r  G.  L.  O..  April  6,  1874,  Segregated 
Belcher  Co.,  Copp's  Mg.  Dec.  340. 

Com'rG.  L.  O.,  Xov.  f\  1^74,  Surv.-Gen.  Col- 
orado, 1  Copp's  L.  O.  133. 

Com'r  G.   L.  O.,  Apiil  24,  1876,  Live  Oak 
Quartz  Mine.  3  Copp  s  L.  O.  1«. 

Com'r  G.  L.  (.)..  Aug.  2*,  IcTG,  Philadelphia 
Lode.  3  Copp's  L.  ( ).  >2. 

Com'r  G.  L  O.,  April  10,  1877,  Bright  Point 
et  al.  Lodes,  5  Copp's  L.  O.  51. 

Com'r  G.  L.  O.,  Xov.  30,  1877,  J.  H.  Russell 
Lode,  5  Copp's  L.  O.  18. 

Com'r  G.   L.   O  ,  Oct.  20.  1879,  Headlight 
Mine,  6  Copp's  L.  O.  122. 

Com'r  G.  L.O.,  May  4,  1880,  Surv.  Gen.  Col- 
orado, 7  Copp's  L.  O.  35. 

Com'r  G.  L.  O.,  June  17,  1880,  Orient,  Occi- 
dent, et  al.,  1  Copp's  L.  O.  51. 
Surveyors,  dei)ut>j;  limit  of  /uri.idlction  of: 

Com'rG.  L.  O..  Aug.  (i,  i.-7-J,  W.  M.  Seawell, 
Copp's  Mg.  Dec.  131. 

Cora'r  G.   L.   O.,   Xov.   20,  1873,  circular, 

Copp's  4tg.  Dec.  319. 
Sutro.  A.,-  saving  rights  of: 

Secretary  Interior  Aug.  30,  1878,  Sutro  v. 
Occidental  Co.,  5  Copp's  L.  O.  98. 

Com'r  G.  L.  O.,  March  8,  1873,  A.  Sutro, 
Copp's  Mg.  Dec.  162. 

Com'r  G.  L.  O  .  March  29,   1873,  R.  &  R., 
Carson  City,  Xev.,  Copp's  Mg.  Dec.  179. 

Com'r  G.  L.  ().,  May  27, 1876,  Sutro  Tunnel 

Co.,  3  Copp's  L.  6.  34. 
Reservation  of,  from  sale  : 

United  States  v.  Gratiot,  14  Pet,  526. 

United  States  v.  Gear,  3  How.  120. 

Cooper  v.  Roberts,  18  How.  73. 

Secretary  c.  MoGarraban,  'i  Wnll  298. 

Morton  p.  Nebraska,  21  Wall.  660. 

Heydenfeldt  v.  Mining  Co..  3  Otto,  634. 

United  States  w.I'arrott,  1  McAllister,  C.  C. 
272. 

United  States  v.  Gratiot,  1  McLean,  C.  C. 
454. 

Indiana  r.  Miller,  3  McLean,  C.  C.  151. 

3  Op.  Att.  Gen.  277 :  5  id.  247  ;  7  id.  636;  10 
id.  184. 

Heydenfeldt  v.  Mining  Co.,  10  Nev.  290. 

Gold  Hill  Co.  v.  Ish,  5  Oreg.  104. 

Hicks  r.  Bell,  3  Cal.  2 19. 

Stoakes  c.  Barrett,  5  Cal.  36. 

People  r.  Folsom,  5  Cal.  373. 

Conger  v.  Weaver,  6  Cal.  54;?. 

Nims  v.  Johnson,  7  Cal.  111. 


CITATION    OP   DECISIONS. 


XXXI 


MINERAL  LANDS—  Continued. 
Ite&erratwn  oj,  Jrom  sale  : 

Bogga  v.  Merced  Mg.  Co.,  14  Cal.  279. 

Burilgo  v.  Smith,  14  Cul.  :i80. 

Moore  v  Srnaw,  17  Cal.  199. 

Lentz  v.  Victor,  17  Cal.  272. 

F  eniont  v.  Seals,  18  Cal.  433. 

Rupley  v.  Welch,  23  Cal.  452. 

DoiW i).  Railway  Co.,  24  Cal.  245. 

Ah  Yew  v.  Choate,  24  Cal.  5b2. 

Alford  v.  Barnuni,  45  Cal.  4,-2. 

McLangbliij  v.  Powell,  50  Cat.  G4. 

Secielary  Interior,  March  4, 1879,  6  Copp's 

L.  O.  4.' 
Secretary  Interior,  Dec.  22, 1879,  7  Copp's 

L  0.23. 
Coni'r  G.  L.  O.,  July  29, 1875,  2  Copp's  L. 

O.  82. 
Coni'r  G.  L.  O.,  Sept.  30,  1879,  7  Copp's  L. 

0.4. 
Com'r  G.  L.  O.,  March  11,  1872,  Copp's  Mg. 

Dec.  304. 

Com'r  G.  L.  O.,  circular,  April  28, 1880. 
Tailings  : 

Logan  v.  Driscoll,  19  Cal.  623. 
Lincoln  v.  Rodgers,  1  Montana,  217. 
Nelson  v.  O'Xcal,  1  Montana,  284. 
Gregory  v.  Harris,  4 }  Cal.  38. 
Stone  v.  Bumpus,  46  Cal.  218. 
Rogers  v.  Cooney,  7  .Nov.  ~13. 
Taxation,  liability  to  : 

Forbes  v.  Gracey,  4  Otto.  762. 
Hale  &  Noreross  v.  Storey  Co.,  1  Nev.  104. 
People  v.  Logan,  1  Nov.  109. 
St  ite  v.  Moore,  12  Cal.  56. 
Transfers : 

Mining  Co.  v.  Taylor,  10  Otto,  37. 
Kinnev  v.  Con.  Va.  Mg.  Co.,  4  Saw.  C.  C.  382. 
PMllpotts  v.  Blasdell,  8  Nev.  61. 
Weill  v.  Lucerne  Co.  11  Nev.  200. 
Sullivan  v.  Hense,  2  Colo.  424. 
McCairon  v.  O'Connell.7  Cal.  152. 
Clark  v.  McElroy,  11  Cal.  154. 
Attwood  v.  Fricot,  17  Cal.  38 
Gore  v.  McBraver,  1*  Cal.  .582. 
Tunnel  Co.  v.  Stranahau,  20  Cal.  198. 
Gatewood  v.  McLanghlin,  23  Cal.  178. 
Antonie  Co.  v.  Ridge^Co.,  23  Cal.  219. 
Diaper  v.  Douglas,  23  Cal.  347. 
Patterson  v.  Kov  stone  Co..  23  Cal.  575. 
Richardson  v.  McNulty,  24  Cal.  339. 
Cary  v.  Campbell.  24,  Cal.  034. 
Copper  Hill  Mg.  Co.  v.  Spencer,  25  Cal.  18. 
St.  John  v.  Kidd,  26.  Cal.  264. 
Duryea  v.  Burt,  28  Cal.  569. 
Hessy.  Winder,  30  Cal.  349. 
Patterson  v.  Keystone  Mg.  Co.,  30  Cal.  360. 
Goller  v.  Fett,  30  Cal.  4-1. 
Settembre  v.  Putnam.  30  Cal.  490. 
King  v.  Randlett,  33  Cal.  318. 
Hardeuburgh  v.  Bacon,33  Cal.  356. 
BJodgett  v.  Potosi  Mir.  Co.,  34  Cal.  227. 
Felger  v.  Coward,  35  Cal.  650. 
Myers  v.  Farquharson,  46  Cal.  190. 
Tunnclft,  rights  of  owners  to  : 

Tunnel  Co.  v.  Pell,  4  Colo.  507. 

Com'r  G.  L.  O.,  Sept.  20, 1872,  J.  B.  Chaffee, 

Copp's  Aig.  Dec.  144. 
Com'r  G  L  O.,  April  15,  1873,  G.  P.  Idrie, 

Copp's  Mg.  Dec.  193. 
Com'r  G.  L.'  O.,  Aug.  1, 1873,  L.  S.  David, 

Copp's  Mg.  Dec.  215. 
Com'r  G.  L.  O.,  Nov.  3, 1876,  Corning  Tun- 

iiel  Co..  3  Copp's  L.  0. 130 
Com'r  G.  L.  O.,  Aug.  31,1877,  Surv.-Gen.  Col- 
orado. 4  Copp's  L.  0. 10-2. 
Com'r  G.  L.  O .,  Oct.  12, 1W78,  David  Hunter, 

5  Copp's  L.  0. 130. 
MISSISSIPPI  RIVLR- 

Schurmeir  v.  St.  P.  &»P.  R.  R.  Co.,  7  Wall. 

272. 
United  States*.  M.  &  St.  P.  R  R.,  5  Bissell, 

C.  C.  410. 

The  Clinton  Bridge,  1  Woolw.  C.  C.  150. 
Northern  Union  Packet  Co.  v.  Atlee,  2  Dil- 
lon, C.  C.  479. 

Depcw  v  Board  of  Trustees.  5  Ind.  8. 
Neaderhouscr  v.  The  State,  23  Ind.  257. 
Middleton  v.  Britchard,  4  Ills.  510. 


MISSISS1 PPI  RIVER—  Continued. 

The  People  v.  St.  Louis,  10  Ills.  351. 
Loviugton  v.  Co.  of  St.  Clair,  64  Ills.  56. 
Honck  v.  Yules,  82  Ills.  Ib9. 
Moore  v.  Sauborne,  2  Mich.  520. 
Castuer  v.  The  Steamboat,  1  Minn.  73. 
Schurmeir  v.  St.  P.  &  P.  R.  R.  Co.,  10  Minn. 

82. 

Rifle  v.  C.  D.  &  M.  R.  R.  Co.,  23  Minn.  18. 
Biis'mie  v.  St.  P.  &  P.  R.  R.  Co.,  23  Minn. 

U4. 

MoManus  v.  Carmichael,  3  Iowa,  11. 
Haight  v.  City  of  Keokuk,  4  Iowa,  405. 
Bo\  in  on  v.  Miller,  22  Iowa.  579. 
Tonilin  v.  Dubuque  and  B.  &  M.  R.  R.  R. 

Cos.,  32  Iowa,  106. 

DeArmas  v.  Mayor  New  Orleans,  5  La.  132. 
Boy  km  v.  Shaffer,  13  La.  Ann.  129. 
MISSOURI  RIVER— 

BL-IISOU  v.  Marrow,  61  Mo.  345. 
Holbrook  v.  Moore,  4  Neb.  437. 
Com'r  G.  L.  O.,  exparte  Taylor  et  al.,  Nov.  5, 

1874,  1  Copp's  L.  O.  155. 
MOBILE,  TOWN  OF— 

Pollard's  heirs  v.  Kibbe,  14  Pet.  353. 

Mobile  v.  Eslava,  16  Pet.  234. 

Mobile  v.  Hallett,  16  Pet.  261. 

Pollard  v.  Files,  2  How.  591. 

Lewis  ».  Goquette,  3  Stew.  &  Port.  (Ala.)  61. 

Mobile  v.  Esiava,  9  Port.  (Ala.)  577. 

Mayor  of  Mobile  v.  Farmer's  heirs,  6  Ala. 

738. 

Baker  v.  Heirs  of  Chastang,  18  Ala,  417. 
Cooi'r  G.  L  O.,  instructions,  March  10, 1831, 

2  L.  I.  &  0. 550. 
Com'r  G.  L.  O.,  instructions,  May  1,  1835, 

2  L.  I.  <fc  O.  757. 
Com'r  G.  L.  O.,  instructions,  July  27, 1834, 

2  L.  I.  &  O.  841. 

NAVIGABLE    AND  NON-NAVIGABLE  RIV- 
ERS,   LAKES,    SHORES,    AND  WA- 
TiOR-COURSES— 
Rights  of  titat.es  over  navigable  waters,  and  the 

noil  thereunder: 

Munin  v.  Waddell,  16  Pet,  367. 
Pollai  d's  lessee  v.  Hagan,  3  How.  212. 
Gooutitle  v.  Kibbe,  <)  How.  471. 
Hall^tt  v.  Beebe,  13  How.  25. 
Withers  v.  Buckley,  20  How.  85. 
The  Daniel  Call,  10  Wall.  557. 
The  Montello,  11  Wall.  411. 
The  Montello,  20  Wall.  4:-0. 
Spooner  v.  McConnell,  1  McLean,  C.  C.  337. 
Palmer  v.  Com'rs  of  Cuyahoga  Co.,  3  Mc- 
Lean, C.  C.  226. 
Woodman  v.  Kilbourn  Mfg.  Co.,  1  Bissel, 

C.  C.  546. 

Grilling  v.  Gibb,  1  McAllister,  C.  C.  212. 
Woodman  v.  Kilburn  Mfg.  Co.,  1  Abbott 

(U.  S.)  158. 

Cox  v.  Tho  State,  3  Blackf.  (Ind.)  8. 
Williams  v.  Bradley,  2  Ind.  591. 
Depew  v.  Board  of  Trustees.  &c.,  5  Ind.  8. 
Board  of  Com'rs  v.  Pidge,  5  Ind.  13. 
Neadeihouser  v.  The  State,  28  Ind.  257. 
The  People  ?;.  St.  Louis,  10  Ills.  351. 
Illinois  River  Packet  Co.  v.  Peoria,  &c.,38 

Ills.  467. 

Chicaso  v.  McGinn,  50  Ills.  266. 
Hou"k  v.  Yates,  82  Ills.  179. 
People  v.  Tyler,  7  Mich.  160. 
Bay  Harbor  Co.  v.  Council,  &c.,  Walker's 

Chan.  Rep.  (Mich.)  155. 
Jones  v.  Pettibono,  2  AVis.  308. 
WK  Imp.  Co.  v.  Mousou,  43  Wis.  255. 
United  States  v.  Fanning,  Morris  (Iowa), 

348. 

Boy  kin  v.  Shaffer,  13  La.  Ann.  129. 
Cii'y  of  Mobile  v.  Eslava,  9  Port.  (Ala.)  577. 
Pollard's  heirs  ?;.  Files,  3  Ala.  47. 
Pollard's  heirs  v.  Greit  et  al.,  8  Ala.  930, 
Kennedy  v.  Beebe  et  al,  8  Ala.  909. 
Hiuman  v  Warren,  6  Oreg.  408. 
Eldred  v.  Cowell,  4  Cal.  80. 
Guy  v.  Hermann,  5  Cal.  73. 
Teschemacher  v.  Thompson,  18  Cal.  11. 
Fai  ish  v.  Coon,  40  Cal.  33. 
Com'r  G.  L.  O  ,  ex  parte  Bradley,  Feb.  20, 
1874,  Copp's  L.  L.  763. 


XXX11 


CITATION   OF   DECISIONS. 


NAVIGABLE  AND  NOX-XAVIGABLE  RIV- 

EliS.    LAKES.   SHORES,    AND    WA- 

TEE-COURSES—  Continued. 
Right*  of  States  ocer  navigable  waters,  and  the 

soil  thereunder : 
Com'r  G.  L.  O.,  ex  parte  Taylor  et  al,  Xov. 

5, 167-1, 1  Copp's  L.  O.  155. 
Sights  of  adjoining  proprietors : 

Bowmau  v.  Watheu,  2  McLean,  C.  C.  376. 
L«  igh  v.  Holt,  i  Bissell,  C.  C.  338. 
Forsyth  r.  Small,  7  Biasell,  C.  C.  201. 
A  very  v.  Fox,  1  Abbott.  (U.  S.)  246. 
Gavit  f.  Chambers,  3  Ohio,  4fi6. 
Walker  v.  Board  of  Public  Works,  16  Ohio, 

540. 

Hubbard  v.  City  of  Toledo,  21  Ohio  St.  379. 
Baiubiidge  r.  Sbillock,  29  Ind.  3U4. 
Baiubridge  v.  Shillock,  41  Ind.  35. 
Middleton  r.  Pritchard,  4  Ills.  5LO. 
The  People  v.  St.  Louis,  10  Ills.  351. 
Hubbard  r.  Bell,  54  Ills.  110. 
Lovingtoa  r.  Co.  of  St.  Glair,  64  His.  56. 
Baxou  v.  Bressler,  64  Ills.  588. 
Ryan  r.  Brown,  18  Mich.  1U6. 
Watson  i\  Peters,  26  Mich.  508. 
Att'v-Gen'l    v.    Evart    Booming     Co.,    34 

Mich.  W2. 

Joues  c.  Pettibone,  2  Wis.  308. 
Wright  ,-.  T  ay. 33  Wis.  260. 
Oleson  v.  Merrill,  42  Wis.  203. 
Deleplaiue  f.  C.  <fc  X.  W.  R.  R.  Co.,  42  Wis. 

214. 
Diedrich  v.  C.  &.  X.  W.  R.  R.  Co.,  42  Wis. 

M& 
Stevens'  Point  Boom  Co.  v.  Reilley,  44  Wis. 

21*5. 
Stevens'  Point  Boom  Co.  v.  Reilley,  46  Wis. 

237. 

McManus  r.  Carmichael,  3  Iowa,  11. 
Musser  v.  Hershey,  42  Iowa,  356. 
Holsteiu  r.  Henderson,  12  Martin  (La.)  319. 
Benson  r.  Morrow,  Gl  Mo.  345. 
Dana  r.  Jackson  St.  Wharf  Co.,  31  Cal.118. 
Taylor  v.  Underhill.40  Gal.  471. 
Hanson  <-.  McCuue,  42  Gal.  303. 
Secretary  Interior,  ex  parte  Macomber,  Feb. 
2, 1880, 7  Gopp'8  L.  O.  57. 
Com'r  G.  L.  O.,  ex  parte  Bradley,  Feb.  20, 

1874,  Copp's  L.  L.  70.J. 
Com'r  G.  L.  O,  ex  parte  Taylor  et  al.,  Xov. 

5,  Ir74, 1  Copp's  L.  O.  155. 
Rights  of  the  public: 

Leigh  r.  Holt,  5  Bissel  C.  C.  338. 
Forsyth  r.  Sinai',  7  Bissel  C.  C.  201. 
Woodman  o.  Kil  bourn,  1  Abbott  (U.  S.)  158. 
Avcry  r.  Fox,  1  Abbott  (U.  S.)  246. 
Porter  v.  Allen,  8  Ind.  1. 
Baiubiidge  <•.  Shillock,  29  Ind.  364. 
Baiubridge  v.  Sbillock,  41  Ind.  35. 
Illinois  River  Packet  Co.  v.  Peoria,  &c.,  38 

Ills.  467. 

Chicago  v.  McGinn,  50  His.  266. 
Moore  r.  Sauborne,  2  Mich.  520. 
Lorman  r.  Benson,  8  Mich.  18. 
Ryan  ».  Brown.  1H  Mich.  196. 
Att  y-Gen'l  v.  Evart  Booming  Co.,  34  Mich. 

462. 

Oleson  v.  Merrill,  42  Wis.  203. 
Deleplaine  v.  C.  <fc  X.  W.  R.  R.  Co.,  42  Wis. 

214. 

Castner  v.  The  Steamboat,  1  Minn.  73. 
Steamboat  Globe  v.  Kurtz,  4  Greene  (Iowa), 

433. 

Duverge  r.  Salter,  6  La.  Ann.  450. 
O'Fallen  r.  Doggett,  4  Mo.  209. 
Weise  r.  Smith,  3  Oreg.  445. 
Felyer  v.  Robinson,  3  Oreg.  455. 
American  River  Water  Co.  v.  Amsden,6 

Cal.  443. 
County  of  Tolo  v.  City  of  Sacramento,  36 

Cal.' 193 

Brown  t>.  Kentfield,  50  Cal.  129. 
Com'r  G.  L.  O.,  ex  parte  Bradley,  Feb.  20, 

1874,  Copp's  L.  L.  763. 
Surrey  of,  d-c: 

Secretary  Interior,  ex  parte  Macomber,  Feb. 

2,  1680,  7  Copp's  L.  O.  57. 
Com'r  G.  L.  O.,  instructions,  May  23,  1825, 

2  L.  I.  &.  O.  850. 


NAVIGABLE  AXI)  XOX-XAVIGABLE  RIV- 

ERS.    LAKES,    SHORES.    AXD    WA- 
,    TEE-COUESES— Continued. 
Survey  of,  <£c.  : 

Com'r  G.  L  O.,  instructions,  July  28, 1831, 

2  L.  I.  <fc  O.  915. 
Com'r  G.   L.   O.,  circular,  July  13,   1874, 

Copp's  L.  L.  7(i5. 
Com'r  G.  L.O.,  circular,  Dec.  1, 1874,  Copp's 

L.  L.  76(J. 
Com'r  G.  L.  O .,  Wolf  Lake,  Feb.  12, 1878,-  5 

Copp's  L.  O.  19. 
NEW  EXGLAXD  MISSISSIPPI  LAXD    COM- 

PAX  Y— 

Gilmau  v.  Brown,  4  Wheat.  255. 
Brown  v.  Jackson,  7  Wheat.  218. 
Gilman  r.  Brown,  1  Mason,  G.  C.  191. 
NEW  MADRID  CERTIFICATES— 

Bagnell  r.  Brodorick,  13  Pet,  436. 

Stoddard  v.  Chambers.  2  How.  285. 

Barry  r.  Gamble,  f  How.  317. 

Menard's  heirs  v.  Massey,  8  How  293. 

Bissell  v.  Penrose,  H  How.  317. 

Mills  v.  Stoddart,  8  How.  345. 

Easton  v.  Salisbury,  21  flow.  421. 

Fenn  v.  Holme,  21  How.  481. 

Hale  v.  Gaiues  et  al.,  22  How.  144. 

Rector  c.  Ashley,  6  Wall.  142. 

Mackey  r.  Easton.  19  Wall.  619. 

Rector  9.  United  States.  2  Otto,  698. 

Mackey  r.  Eaton.  2  Dillon,  C.  C.  41. 

ReclorV  Gaines,  19  Ark.  70. 

Ashley  v.  Rector,  20  Ark.  359. 

Rector  <fc  Gaiues  v.  Hale.  20  Ark.  168. 

Rector  v.  Hatch,  1  Mo.  H33. 

Stuart  r.  Rector,  1  Mo.  361 

Hickman  v.  Gow,  I  Mo.  274. 

Bryan  v.  WTear,  4  Mo.  1C6. 

Mullanphy  v.  Rediuaii,  4  Mo.  226. 

Wear  v.  Bryant.  5  Mo.  147. 

Barry  v.  Gamble,  8  Mo.  88. 

Kirk  r.  Gieen,  It)  Mo.  Ifil. 

Lessienres  v.  Price,  12  Mo.  14. 

Cabunuo  v.  Lindell,  12  Mo.  184. 

Kennett  r.  Cole,  13  Mo.  139. 

Ashley  r.  Tmley,  13  Mo.  430. 

Morgan  ?:.  Rutgers,  14  Mo.  585. 

McGill  v.  Somers,  15  Mo.  f  0. 

Easton  r.  Salisbury,  23  Mo.  100. 

Mitchell  v.  Parker,  2:>  ilo.  31. 

Lee  v.  Parker,  i;5  Mo.  35. 

Gray  v.  Gives,  26  Mo.  291. 

Holine  r.  Strautman,  35  Mo.  293. 

Clarke  v.  Hammerle,  36  Mo.  620. 

McGamant  v.  Patterson,  39  Mo.  100. 

Gibson  v.  Choteau,  39  Mo.  536. 

lOp.  Att.  Gen.  163,373,458,534;  2  id.  15; 

2  L.  I.  &  O.  14. 
Secretary  Treasury,  instructions,  March  13, 

1829,  2  L.  I.  &  6.'  298. 
ConiT  G.  L.  O..  instructions,  Oct  6,  1815, 

2  L.  I.  &  O.  285. 
Com'r  G.  L.  O.,  instructions,  May  2, 1818,  2 

L.  I.  &  0.29 1. 
Com'r  G.  L.  O.,  instructions,  July  5, 1829, 

2  L.  I.  &.  O.  303. 
Com'r  G.  L.  O..  instructions,  Aug.  8, 1823, 

2  L.  I.  &  O.  371. 
Com'r  G.  L.  O.,  instructions,  July  10, 1816, 

2  L.  I  &  O.  815. 
Com'r   G.   L.   O.,   instructions,   April  15, 

1817,  2  L.  I.  <fc  O.  816. 
Com'r  G.  L.  O.,   instructions,  July  5, 1820, 

2  L.  I.  <fc  O.  820. 
Com'r  G.  L    O.,  instructions,  Sept.  2, 1820. 

2  L.  I.  <fc  O.  622. 
Com'r  G.  L.  O.,  instructions,  July  24, 1823, 

2  L.  I.  <fc  O  828. 
Com'r  G.  L.  O..  instructions,  Feb.  18, 1837, 

2  L.  I.  &  O.  !»75. 
NEW  ORLEANS,  3ITY  OF— 

New  Orleans  v.  United  States,  10  Pet.  662. 
Mayor  of  Xew  Orleans  v.  Casteres,  3  Martin 

(La.)  675. 
Mayor  of  New  Orleans  et  aL  v.  Piquet,  2  La. 

474. 
DeArmas  v.  Mayor  of  Xew  Orleans,  5  La. 

132. 
Villors  v.  Kennedy U5  La.  Ann.  724. 


CITATION    OF    DECISIONS. 


XXX111 


NEW  ORLEANS,  CITY  OP— Continued. 
1  Op.  Alt.  Gen.  350 ;  2  id.  586. 
Secretary  Interior,  ex  parte  Clark,  Jan.  5, 

1871,  Copp's  L.  L.  494. 
NORTHWEST  TERRITORIES- 

Hughes  v.  Trustees  of  Clarksville,  6  Pet. 

369. 

Doddridge  v  Thompson,  9  Wheat.  469. 
Spoouer  v.  McConnell,  1  McLean,  C.  C.  337. 
Woodman  v.  Kilbourn  Mrg.  Co.,  1  Abbott 

(U.  S.;  158. 

Doe  v.  Hill,  Breese  (Ills.)  236. 
Secretary  Treasury,  instructions,  Oct.    5, 

1796.  2  L.  L.  &  O/219. 
Secretary  Treasury,  instructions,   Oct.  5, 

1796,  2'L.  L  &  O.  220. 
Secretary  Treasury,  instructions,  Aug.  9, 

1803,  2  L.  I.  &  O.  234. 
NOTICE  AND  PUBLICATION— 

Wilson  v.  Masou,  1  C  ranch,  45. 

Bodley  v.  Taylor,  5  Crauch,  191. 

De  JaCroix  v.  Chamberlain,  12  Wheat.  599. 

Hardy  v.  Harbin,  1  Saw.  C.  C.  194. 

Le  Roy  v.  Jamison,  3  Saw.  C.  C.  369. 

Schuee  v.  Sclmee,  23  Wis.  377. 

Silliman  v.  King,  36  Iowa,  207. 

Beatty  v.  Michou,  9  La.  Ann.  102. 

Connoyer  v.  Schaeffer,  48  Mo.  165. 

Fribaugh  v.  Mastersou,  1  Idaho,  153. 

Bird  v.  Denuison,  7  Cal.  997. 

Watson  v.  Robey,  H  Cal.  52. 

Scott  v.  Ward,  13  Cal.  458. 

Boggs  v.  Merced  Mining  Co.,  14  Cal.  279.    - 

Lombardo  v.  Ferguson,  15  Cal.  372. 

Patterson  v.  Keystone  Mining  Co.,  23  Cal. 

Holland  v.  M.  A.  Q.  M.  Co.,  53  Cal.  149. 
Gelcich  v.  Mortality,  53  Cal.  217. 
Weill  v.  Lucerne  Mining  Co.,  11  Nev.  200. 
Knevals  v.  Hyde,  U.  S.  Cir.  Ct.,  Neb.,  Oct. 

1879. 

Op.  Att.  Gen.,  2  L.  I.  &  O.  208,  573. 
Secretary   Interior,   University  of  Cal.  v. 

Block,  Aug.  26,  1874,  Copp's  L.  L.  322. 
Secretary  Interior,  Lompoc  contest,  July 

23,  1873,  Copp's  L.  L.  559. 
Secretary  Interior.McMurdy  etal.  v.  Street- 

er  et  al,  April  30,  1874,  1  Copp's  L.  0.  34. 
Secretary  Interior,  Prince  of  Wales  Lode 

et  al.  v'.  Highland  Chief  Lode  et  al.,  April 

1,   1875,  2  Copp's  L.  O.  2. 
Secretary  Interior,   Omaha  Quartz  Mine, 

Dec.  1, 1876,  3  Copp's  L.  O.  Ki3. 
Secretary  Interior,  ex  parte  Clellan,  Jan.  30, 

1880,  7  Copp's  L.  O.  35. 
Secretary   Interior,    Eureka    Mg.    Co.    v. 

Jenny  Lind  Mg.  Co.,  Nov.  24, 1873,  Copp's 

Mff.  Dec.  169. 
Com'r  G.   L.  O.,  circular,  Dec.  20,   1873, 

Copp's  L.  L.  244. 
Com'r  G.   L.   O.,   circular,  June  25,  1869, 

Copp's  L.  L.  249. 
Com'r  G.  L.  O.,  ex  parte  May,  Dec.  15, 1874, 

Copp's  L.  L.  251. 
Com'r  G.    L.  O.,  circular,  Aug.  17,  1874, 

Copp's  L.  L.  260. 
Com'r  G.  L.  O.,  circular,  Jan.  5, 1875,  Copp's 

L.  L.  261. 
Com'r  G.  L.   0.,   circular,   Feb.  10,    1870, 

Copp's  L.  L.  402. 
Com'r  G.   L.  O..  circular,  Aug.  21,  1862, 

Copp's  L.  L.  437. 
Com'r  G.   L.   O.,  circular,  Sept.  13,  1866, 

Copp's  L.  L.  450. 
Com'r  G.  L.  O.,  circular,  March  18,  1870, 

Copp's  L.  L.  452. 
Com'r  G.  L.    O.,   circular,  Jan.   15,   1874, 

Copp's  L.  L.  472. 
Com'r  G.  L.  O.,  circular,  April  15,  1873, 

Copp's  L.  L.  6U7. 
Com'r  G.   L.   O.,   citftular,   Aug.   7,  1872, 

Copp's  L.  L.  705. 
Com'r  G.   L.   O.,   circular,  July  20,  1875, 

Copp's  L.  L.  746. 

Com'r  G.  L.  O.,  Jefferson  Mg.  Co.  v.  Penn- 
sylvania Mg.  Co.,  July  21,  1874,  1  Copp's 

L.  O  66. 
Com'r  G.  L.  O.,  McCarter  v.  Dunn,  Jan.  8, 

1878,  5  Copp's  L.  O.  21. 

HE  L  O — VOL  II 


NOTICE  AND  PUBLIC  ATION—  Continued. 

Com'r  G.  L.  O.,  ex  parte  McBride,  Nov.  12, 

1873,  Copp's  Mg.  Dec.  234. 
Com'r  G.  L.  O.,  R.  &  R.,  Leadville,  Colo., 

Oct.  29,  1«79. 
NUISANCE- 

Eldred  v.  Ford,  46  Wis.  530. 

Park  v.  Kilham,  8  Cal.  78. 

Weiraer  v.  Lowery,  11  Cal.  104. 

County  of  Yolo  v.  City  of  Sacremento,  36 

Cal.  193. 

Brown  v.  Kentfield,  50  Cal.  129. 
OCONTO  RIVER— 

Leigh  v.  Holt,  5  Bissell,  C.  C.  338. 
OFFICERS— 

Taylor  &  Quarles  v.  Brown,  5  Cranch,  234. 
Polk's  lessees.  WendalefaZ.,  9  Cranch,  87. 
Miller  et  al.  v.  Kerr  et  al.,  7  Wheat.  1. 
Patterson  v.  Jeuks,  2  Pet.  216. 
United  States  v.  Tiugey,  5  Pet.  115. 
United  States  v.  Arredondo,  6  Pet.  691. 
Delassus  v.  Uuited  States,  9  Pet.  117. 
Strother  v.  Lucas,  12  Pet.  410. 
Kendall  v.  United  States,  12  Pet.  524. 
United  States  v.  Fitzgerald,  15  Pet.  407. 
Lytle  v.  Arkansas,  9  How.  314. 
Parks  v.  Ross,  11  How.  3K2. 
Boyden  v.  Burke,  14  How.  575. 
Bryan  v.  United  States,  1  Black,  140. 
Secretary  v.  McGarrahan,  9  Wall.  298. 
Marquez  v.  Frisbie  et  al.,  11  Otto,  473. 
Den  v.  Hill,  1  McAllister,  C.  C.  480. 
5  Op.  Att.  Gen.  7  ;  10  id.  56 ;  March  20, 1877. 
OHIO  RIVER— 

Porter  v.  Allen,  8  Ind.  1. 
Bainbridge  v.  Slrillock,  29  Ind.  364. 
Baiubridge  v.  Shillock,  41  Ind.  35. 
OHIO  UNIVERSITY— 

Exemption  from  taxation  a  legislative  contract: 

Mattheny  v.  Golden,  5  Ohio  St.  361. 
PATENTS— 
Annulling  of: 

Dredge  v.  Forsyth,  2  Black,  563. 

Le  Roy  v.  Clayton,  2  Saw.  C.  C.  493. 

Robbins  v.  Bu'nn,  54  Ills.  4d. 

Lott  r.Prudhomme,  3  Rob.  (La.)  293. 

Ball  v.  Hearne,  10  La.  Ann.  515. 

Cage  v.  Banks,  13  La  Ann.  128. 

People  v.  Muriill,  26  Cal.  336. 

Semple  v.  Hagar,  27  Cal.  163. 

The  People  v.  Carrick,  51  Cal.  3-25. 

1  Op.  Att,  Gen.  301,  458  ;  4  id.  120, 149,  558; 

13  id.  456. 
Secretary  Interior,  ex  parte  Rutland,  Feb. 

19,  1874, 1  Copp's  L.  O.  42. 
Secretary  Interior,  "Wandering  Boy  Lode  v. 
Highland  Chief  Lode,   April  1,  1875,    2 
Copp's  L.  0. 2. 
Secretary  Interior,  Beck  v.  C.  P.  R.  R.,  Jan. 

30,  1879,  6  Copp's  L.  O.  5. 
Secretary  Interior,  Buckman  v.  W.  P.  R. 

R.,  Feb.  26, 1879,  7  Copp's  L.  O.  4. 
Secretary  Interior,  Daly  v.  Weaver,  July 

17,  1880,  7  Copp's  L.  O.  88. 
Construction  of  description  in  : 

M'lver's  lessee  v.  Walker,  9  Cranch,  173. 
Newsome  v.  Pryor's  lessee.  7  Wheat.  7. 
Boardman  v.  Lessees  of  Reedet  al.,  6  Pet. 

328. 
Gazzam  v.  Lessee  of  Phillips  et  al.,  20  How. 

372. 

Brown  et  al.  v.  Huger,  21  How.  305. 
Doe  et  al.  v.  Wilson,  23  How.  457. 
McClintock  v.  Rogers,  11  Ills.  279. 
Sawyer  v.  Cox.  6;J  Ilia.  130. 
Fenwick  v.  Gill,  38  Mo.  510. 
Moore  v.  Massie,  37  Cal.  482. 
1  Op.  Att.  Gen.  323. 
Effectof: 

Green  v.  Liter,  8  Cranch,  229. 
Polk's  lessee  v.  Wendal,  9  Cranch,  87. 
Hoofnagle  v.  Anderson,  7  Wheat.  212. 
Scott's  lessee  v.  Ratliffe,  5  Pet.  81. 
Boardman  v.  Lessees  of  Reed  et  al.,  6  Pet. 

328. 
City  of  New  Orleans  v.  Armas  et  al.,  9  Pet. 

223. 

Clark  v.  Smith,  13  Pet.  195. 
Bagnell  v.  Broderick,  13  Pet.  436. 


XXXIV 


CITATION   OF   DECISIONS. 


PATENTS-  Continued. 
E/ectof: 

Carroll  v.  Safford,  3  How.  441. 
Ballance  v.  Forsyth,  13  How.  18. 
Folej  v.  Harrison,  15  How.  433. 
Lafayette's  heirs  v.  Kenton  et  al.,  18  How. 

197. 

Bell  r.  Hearne,  19  How.  252. 
French  v.  Spencer,  21  How.  228, 
Hooper  et  al.  r.  Scheimer,  21  How.  235. 
Mehan  et  al.  i\  Forsyth,  24  How.  175. 
Gregg  v.  Tesson,  1  Black,  150. 
Crews  v.  Burcham,  1  Black,  352. 
Dredge  v.  Forsyth,  2  Black,  563. 
Stark  r.  Starrs,  6  Wall.  402. 
Railroad   Company  v.  Prescott,  16  "Wall. 

603. 

Branson  v.  Wirth,  17  Wall  32. 
Shepley  v.  Cowan,  1  Otto,  330. 
Moore  v.  Bobbins,  6  Otto,  530. 
Cowell  v.  Springs  Company,  10  Otto,  55. 
Simmons  v.  Wagner,  11  Otto,  260. 
Adams  v.  Burke.  3  Saw.  C.  C.  415. 
Wytbe  r.  Haskell,  3  Saw.  C.  C.  574. 
Ballance  v.  Forsyth.  6  McLean,  C.  C.  562. 
Mackey  v.  Eaton,  2  Dillon,  C.  C.  41. 
Hicks  v.  Bntrick  3  Dillon,  C.  C.  413. 
Huidekoper  v.  Burrus,  I  Wash.  C.  C.  109. 
Hasting  r.  Stevenson,  2  Ohio,  9. 
Smith  p.  Stark,  7  Ohio,  551. 
Bell  v.  Duncan,  11  Ohio.  192. 
Strong  v.  Lehnier,  10  Ohio  St.  93. 
Moore  r.  liunter,  C  Ills.  317. 
Cook  v.  Foster,  7  Ills.  652. 
Grantbauj  v.  Atkins,  63  Ills.  359. 
Chapan  r.  Dewrv.  !>  Mich.  381. 
Clark  v.  Hall,  19  Mich.  356. 
Johnson  r.  Ballou,  2^  Mich.  379. 
Sands  r.  Davis.  40  Mich.  14. 
Jackson  r.  Astor,  I  Pinney  (Wis.)  137. 
Parkinson  v.  Biocken,  1  Pinney  ( \Vis.)  174. 
Reynolds  c.  Weis.  a7  Wis.  450. 
Calender  v.  Smith.  3  Greene  (Iowa),  349. 
Cavender  v.  Heirs  of  Smith.  5  Iowa,  157. 
Fisher  r.  Wisner.  34  Iowa.  447. 
W;i:.-rs  r.  Bush.  42  Iowa,  255. 
Raiikiu  r.  Miller,  43  Iowa,  11. 
Downes  v.  Scott,  3  Rob.  (La.)  84. 
McGill  v.  McGill,  4  La.  Ann.  262. 
Terry  r.  Aeunen,  4  La.  Ann.  458. 
Foley  v.  Harrison,  5  La.  Ann.  75. 
Pepper  v.  Dunlap,  9  La.  Ann.  137. 
Kitiridge  r.  Herbert,  9  La.  Ann.  154. 
Leblanc  r.  Ludrique,  14  La.  Ann.  772. 
Steinspring  v.  Bennett.  16  La.  Ann.  201. 
Goodlet  v.  Smithson,  5  Port.  (Ala.)  245. 
Jones  v.  Inge,  5  Port.  (Ala.)  3-7. 
Bullock  r.  Wilson,  5  Port.  (Ala.)  338. 
Hines  v.  Greenlee,  3  Ala.  73. 
Rains  v.  Ware  &.  Warren,  10  Ala.  623. 
Stephens  v.  Westwood,  20  Ala  275. 
W.uiu  r   Morris,  10  Ark.  414. 
Sai-py  v.  Papin.  7  Mo.  503. 
Barry  r.  Gamble,  8  Mo.  88. 
Carmen  v.  Johnson,  20  Mo.  108. 
Hill  r.  Miller.  36  Mo.  Ib2. 
Summers  v.  Spybuck,  I  Kans.  394. 
Starr  v.  Stark,  2  Oreg.  118. 
White  r.  Allen,  3  Oreg.  103. 
Gold  Hill  &  Mg.  Co.  r.  Lsh,  5  Oreg.  104. 
Yount  r.  Howell,  14  Cal.  465. 
Xatoma  Water  Co.  r.  Clarkin,  14  Cal.  543. 
Stark  v.  Barrett,  15  Cal.  362. 
Doll  r.  Meador,  in  Cal.  296. 
Teschemaker  v.  Thompson,  18  Cal.  11. 
Fremont  r.  Seals,  18  Cal.  433. 
Leese  v.  Clark,  18  Cal.  535. 
Touchard  r.  Crow,  20  Cal.  150. 
Leese  r.  Clark,  20  Cal. 
Clark  r.  Lockwood.  21  Cal.  200. 
Galup  r.  Armstrong,  22  Cal.  480. 
Ah  Yew  v.  Choate,  21  Cal.  502. 
People  r.  Stratton,  25  Cal.  242. 
Bond  v.  Hickman.  32  Cal.  202. 
Megerle  r.  Ashe,  33  Cal.  74. 
Keeran  r.  Allon,  33  Cal.  542. 
Keeran  «.  Griffith,  34  Cal.  580. 
Hestres  v.  Brennan,  37  Cal.  385. 
Miller  v.  Little,  47  Cal.  341. 


PATENTS—  Continued. 
E/ectof: 

Cquz  v.  Martinez,  53  Cal.  239. 

Vansickle  v.  Haines,  7  Xev.  249. 

3  Op.  Att.  Gen.  240  ;  7  id.  630  :  2  L.  I.  &.  O. 

95. 
Secretary  Interior,  Dec.  23,  1851, 1  Lester, 

549. 
Secretary  Interior,  Beck  v.  C.  P.  R.  R.  Co., 

Jan.  30, 1879, 6  Copp's  L.  O.  5. 
Com'r  G.  L.  O.,  June  21, 1«76, 3  Copp's  L. 

0.50. 
Com'r  G.  L.  O.,  Bellows  et  al.,  March  26, 

1877, 4  Copp's  L.  O.  17. 
Fraud: 

United  States  v.  Hughes,  11  How.  552. 

Field  v.  Seabury,  19  How.  323. 

Garlaud  i:  Wyun,  20  How.  6. 

Arnold  v.  Grimes.  2  Greene  (Iowa),  77. 

Bisson  v.  Curry,  35  Iowa,  72. 

Wynn  v.  Garland,  16  Ark.  440. 

Stephensou  v.  Smith,  7  Mo.  610. 

Morgan  r.  Rutgers.  14  Mo.  585. 

Hill  r.  Miller,  36  Mo.  I-J. 

Starr  v.  Stark,  2  Oreg.  118. 

1  Op.  Att.  Gen.  699 ;  3  id.  259. 

Secretary  Interior,  ex  parte  Gruwell,  Jan. 

14,  1873  Copp's  L.  L.  815. 
In  case  of  deceased  persona  : 

Galloway  v.  Finley,  12  Pet.  264. 
Morehoiise  ».  Phelps,  21  How.  294. 
Davenport  v.  Lamb  et  al.,  13  Wall.  418. 
Lewis  v.  Baird,  3  McLean,  C.  C.  56. 
Schedd  v.  Sawyer,  4  McLean,  C.  C.  181. 
Gray  v.  Cotfoian,  3  Dillon,  C.  C.  393. 
Lamb  v.  Starr,  1  Deady,  C.  C.  447. 
Reeder  v.  Barr,  4  Ohio,  449. 
Wallace  v.  Miner,  7  Ohio,  249. 
Jackson  r.  Williams,  10  Ohio,  69. 
Sullivant  v.  Weaver,  10  Ohio,  275. 
Barnes  r.  Ware,  10  Ohio,  465. 
Trumble  r.  Boothby,  14  Ohio,  109. 
Stubbletield  v.  Boggs,  2  Ohio  St.  216. 
Wood  r.  Ferguson,  7  Ohio  St.  288. 
Drennens  v.  Walker,  21  Ark.  539. 
Thompson  v.  Renoe,  12  Mo.  157. 
Chant  v.  Reynold,  49  Cal.  213. 
1  Op.  Att.  Geu.,  3ul,  458. 
Secretary  Interior,  ex  parte  Dillon,  Nov.  3, 

1871,  Copp's  L.  L.  245. 
Com'r  G.  L.  O..  May  25,  1831,  2  L.  I.  &  O. 

445. 
Com'r  G.    L.  O.,  circular,  June  17,  1875, 

Copp's  L.  L.  190. 
Com'r  G.  L.  O.,  ex  parte  Hnbhell,  Sept.  25, 

1874.  Copp's  L.  L.  246,  654. 
Com'r  G.  L.  O.,  ex  parte  Johannesen,  July 

25,  1877,  4  Copp's  L.  O.  108. 
Issuance  of : 

United  States  r.  The  Commissioner,  5  Wall. 

563. 

Le  Rov  v.  Jamison,  3  Saw.  C.  C.  369. 
S.  C.  &  P.  R.  R.  Co.r.  U.P.  R.  R.  Co.,  4  Dil- 
lon, C.  C.  307. 

United  States  v.  B.  &  M.  R.  R.  R.  Co.,  4  Dil- 
lon, C.  C.  397. 

Ballauce  v.  McFarden.  12  His.  317. 
Schnee  r.  Schnee,  23  Wis.  377. 
Ludeling  v.  Vester,  20  La.  Ann.  433. 
Innerai  ity  v.  Mim's  heirs,  1  Ala.  660. 
Allison  v.  Hunter,  9  Mo.  749. 
Thomas  v.  Wyatt,  31  Mo.  188. 
Steeple  v.  Downing,  60  Ind.  478. 
Smith  v.  Pipe,  3  Colo.  187. 
Dolph  r.  Barney,  5  Oreg.  191. 
Moore  v.  Smaw,  17  Cal.  199. 
Middleton  v.  Low,  30  Cal.  596. 
Collins  r.  Bartlett  44  Cal.  371. 
Miller  v.  Ellis,  5 1  Cal.  74. 
Houghton  v.  Hardenburg,  53  Cal.  181. 
1  Op.  Att.  GenfN4,  45, 191~  323,  361,  424,  71?; 

2  id.  15.  41,  53. 186,   276,  501  ;  3  id.  93.  102. 

140. 167,  350,  623,  630,  653 ;  4  id.  150,  319,  320 ; 

5  id.  7,  628;  7  id.  491 ;  13  id.  113:  2  L.  I. 

<fc  O.  8,  <>5,  96,  214,  224,  292,  356.  752,  75:5. 
Secretary  Interior,  ex  parte  Rainbolt,  Sept. 

28,  1859,  1  Lester,  456. 
Secretary  Interior,  ex  parte  Lowther,  April 

15,  1851,  1  Lester  611. 


CITATION    OF   DECISIONS. 


XXXV 


PATENTS-  Continued. 
Issuance  of : 

Secretary  Interior,  Bissell  v.  Ferris,  Oct.  7, 

1658,  1  Lester,  605. 
Secretary  Interior,  ex  parte  Clark,  Jan.  5, 

1871,  Copp's  L.L.  494. 
Secretary  Interior,  ex  parts  McGarrahan, 

Aug.  4, 1871,  Copp's  L.  L.  532. 
Secretary  Interior,  ex  parte  Pueblo  lands, 

Feb.  15,  1872,  Copp's  L.  L.  547. 
Secretary  Interior,  Beaubien  &  Miranda, 

July  29, 1871,  Copp's  L.  L.  605. 
Secretary  Interior.  Rancho  LosTrigos,  Feb. 

28, 1874,  Copp's  L.  L.  607,  611. 
Secretary  Interior,  Harmon  v.  C.  R.  &  M. 

R.  R.,  August  11,  1876,  3  Copp's  L.  O. 

86. 
Secretary  Interior,  City  of  Grantsville  v, 

Me  Bride,  6  Copp's  L.'0. 109. 
Secretary  Interior,  Scrogiu  v.  Culver,  Dec. 

22,  1879,  7  Copp's  L.  O.  23. 
Secretary  Interior,  Whitaker  v.  S.  P.  R.  R., 

July  27,  1880,  7  Copp's  L.  O.  85. 
Corn'rG.  L.  O.,  circular,  Nov.  1,  1858, 1  Les- 
ter, 608. 
Com'r  G.  L.  O.,  circular,   June  17,   1875,   j 

Copp's  L.  L.  190. 
Com'r  G.  L.  O.,  ex  parte  kelson,  March  26, 

1874,  Copp's  L.  L.  232. 
Com'r  G.  L.  O..  ex  parte  Hornick,  March  11, 

1874,  Copp's  L.  L.  253. 
Com'r  G.  L.  O.,  M.  K.  &  T.  R.  R.  v.  Brock, 

July  17,  1873,  Copp's  L.  L.  399. 
Corn'rG.  L.  O..  circular,  July 20, 1675,Copp's 

L.  L.4JU. 
Com'r  G.  L.  O.,  Rancho  Guadalupe,  June 

12,  1H72,  Copp's  L.  L.  550. 
Com'r  G.  L.  O.,  circular,  Oct.  30, 1873,  Copp's 

L.  L.  647. 
Com'r  G.  L.  O.,  circular,  April  15,    1873, 

Copp's  L.  L.  670. 
Com'r  G.   L.  O..   circular,   July  20,    1875, 

Copp's  L.  L.  732. 
Com'r  G.  L.  O..  circular,  Rancho  Ballona, 

Jan.  3, 1874.  1  Copp's  L.  O.  5. 
Com'r  G.  L  O.,  ICancho  La  Liebra,  3  Copp's 

L.  0.133. 
Com'r  G.  L.  O.,  ex  parte  Price,  Aug.  27, 1877, 

4  Copp's  L.  O.  9o. 
Com'r  G.  L.  O.,  Kendricks,  April  3, 1880,  7 

Copp's  L.  O.  69. 
Jurisdiction  over,  in  equity  : 

Cunningham  v.  Ashley,  14  How.  377. 
Field  v.  Seabury,  19  How.  323,  333. 
United  States  v.  Stone,  2  Wall.  f)2.>. 
Hughes  v.  United  States.  4  Wall.  232. 
Minnesota  v.  Bachelder,  1  Wall.  109. 
Silvers.  Ladd,  7  Wall.  219. 
Johnson  v.  Towsley,  13  Wall.  72. 
Moore  r.  Robbing,  6  Otto,  530. 
Le  Roy  v.  Clayton,  2  Saw.  C.  C.  493. 
McGhee  v.  Wright,  16  Ills.  555. 
Lament  v.  Stimson,  3  Wis.  545. 
Bisson  v.  Curry,  35  Iowa,  72. 
1  Op.  Att,  Gen.  300;  3  id.  240;  4  id.  120. 
Reservations  in : 

Secretary  Interior,  Sutro  Tunnel  Co  v.  Oc- 
cidental Mg.  Co.,  Aug.  30, 1878,  5  Copp's 

L.  O.  98. 
Secretary  Interior,   Adelaide  Mg.   Co.  v. 

Camp  '  Bird  Lode,  July  21, 1879, 6  Copp's 

L.  O.  73. 
Com'r  G.  L.  O.,  Portland  City,  Oct.  15, 1858, 

1  Lester,  437. 

Com'r  G.  L.  O.,  circular,  April  26,  1865, 

Copp's  L.  L.  664. 
Com'r  G.  L.  O.,  Turner,  LangeJ  al..  June  16, 

1873,  Copp's  L.  L.  698. 
Com'r  G.  L.  O.,  Seven-Thirty  v.  Hercules 

Lode.  Aug.  17, 1874, 1  Copp's  L.  O  82. 
Com'r  G.  L.  O.,  The  Four-Twenty  Mg.  Co. 

v.  Bullion  Mg.   Co.,    March  22,    1875,    2 

Copp's  L.  0. 5. 
Com'r  G.  L.  O.,  H.  F.  Page,  July  29, 1875,  2 

Copp's  L.  O.  82. 
Com'r  G.  L.  O.,  Town-site  Central  City, 

Dec.  2-2,  1875,  2  Copp's  L.  0. 150. 
Com'r  G.  L.  O.,  J.  B.  Belford,  Feb.  25,  1876, 

2  Copp's  L.  0. 178. 


PATENTS—  Continued. 
Reservations  in  : 

Com'r  G.  L.  O.,  Sutro  Tunnel,  May  27, 1876, 

.    3  Copp's  L.  O.  34. 

Com'r  G.  L.  O.,  Town-site  Butte,  Nov.  23, 

1876.  3  Copp's  L.  O.  131. 

Com'r  G.  L.  O.,  Town-site  Coalville,  April 

9, 1877,  4  Copp's  L.  O.  46. 
Comr  G.  L  O  ,  Town-site  Silver  Cliff,  Dec. 

18, 1879,  6  Copp's  L.  O.  152. 
Second  patents : 

4  Op.  Att.  Gen.  558 ;  5  id.  7. 

Secretary  Interior,  Rancho  La  Carbonera, 

March  21, 1873,  Copp's  L.  L.  567. 
Secretary  Interior,  Harbinson  v.  C.  &  O. 

R.  R.  Co.,  3  Copp's  L.  O.  53. 
Secretary  Interior,  State  of  Iowa  v.  R.  R. 

Cos.,  Aug.  24, 1876,  3  Copp's  L.  O.  84. 
Secretary  interior,  ex  parte  McLeod,  Sept. 

12, 1877,  4  Copp's  L.  O.  117. 
Secretary  Interior,  Streeter   v.   M.    K.    & 

T.  R.  R.,  Oct.  12, 1*77,  4  Copp's  L.  O.  180. 
Secretary  Interior,  Rnncho  Cuyama,  Dec. 

19,  187*.  6  Copp's  L.  O.  127. 
Secretary  Interior,  Btickman  v.  W.  P.  R. 

R.,  Fob.  2(i,  1819,  7  Copp's  L.  O.  4. 
Com'r  G.  L.  O  ,  ex  parte  Gilson,  May  28, 

1877,  4  Copp's  L.  O.  50. 
Virginia  lands,  patents  for  : 

Taylor  <fc  Quarks  v.  Brown,  5  Cranch,  234. 
Green  v.  Liter,  8  Cranch,  229. 
Hoofuagle  v  Anderson,  7  Wheat.  212. 
Stephens  v.  McCargo,  9  Wheat.  502. 
Governeur's  heirs  v.  Robertson,  11  Wheat. 

332. 

Chiuoweth  v.  Haskell's  lessee,  3  Pet.  92. 
Stringer  v.  Young's  lessee,  3  Pet.  320. 
Galloway  v.  Finley,  12  Pet.  264. 
Brush  v.  Ware,  15  Pet.  93. 
Brown  et  al.  v.  Huger,  21  How.  305. 
Brusb  v.  Ware,  1  McLean,  C.  C.  523. 
Groyiine  v.  Niswanger,   15  Ohio,  367. 
7  Op    Att.  Gen.  159 ;  2  id.  280. 
Com'r  G.  L.  O.,  ex  parte  Kendrick,  April  3, 

1880,  7  Copp's  L.  O.  69. 
When  conclusive  and  when  impeachable  : 
Patteisou  v.  Winn,  11  Wheat  380. 
Stringer  v.  Young's  lessee,  3  Pet.  320. 
Boardman  v.  Lessees  of  Reed  et  al.,  6 Pet. 

328 

Minter  v.  Crommelin,  18  How.  87. 
Field  v.  Seabury,  19  How.  823, 333. 
Doe  ctal.  v.  Wilson,  23  How.  457. 
Crews  v.  Bnrcham,  1  Black,  352. 
French  v.  Fyan,  3  Otto,  169. 
Sherman  v.  Buick,  3  Otto,  209. 
Le  Roy  v.  Clayton,  2  Saw.  C.  C.  493. 
Patterson  v.  Taturn,  3  Saw.  C.  C.  164. 
Chapman?;.  School  Dist.  No.  1,  1  Deady  C. 

C.  108. 

Bruckner??.  Lawrence,  1  Doug.  (Mich.)  19. 
Hedley  v.  Leonard,  35  Mich.  71. 
Parkinson  v.   Brocken,    1  Pinney,  (Wis.) 

174. 

Schnce  v.  Schnee,  23  Wis.  545. 
Arnold  v.  Grimes,  2  Green  (Iowa),  77. 
Combs  v.  IJodd,  4  Rob.  (La.)  58. 
Jenkins  v.  Gibson,  3  La.  Aim.  203. 
Ford  v.  Mornney,  14  La.  Ann.  77. 
MasttMS  v.  Eustis,  3  Port.  (Ala.)  368. 
Allison  v.  Hunter,  9  Mo  749. 
The  State  v.  L.  C.  &  P.  R.  II.  Co.,  7  Neb.  357. 
Starr  v.  Stark,  2  Oreg.  118. 
Lee  v.  Summers,  2  Greg.  260. 
Waterman  v.  Smith,  13  Cal.  373. 
Mott  v.  Smith.  16  Cal.  534. 
Ely  v.  Frisbie,  17  Cal.  250. 
Rhodes  v.  Craig,  21  Cal.  41'J. 
Rico  v.  Spencer,  21  Cal.  504. 
Megerlov.  Ashe.  27  Cal.  332. 
Rondell  v.  Fay,  32  Cal.  354. 
Smith  v.  A  them,  3 1  Cal.  506. 
Durfee  v.  Plaisted,  38  Cal.  80. 
Burnell  v.  Ham,  40  Cal.  373. 
Reed  v.  Caruthers,  47  Cal.  181. 
McGarrahan  v.  The  Idria  Mg.  Co.,  49  Cal. 

331. 
When  void  : 

Polk's  lessee  v.  "Wendal,  9  Cranch,  87. 


XXXVI 


CITATION    OF    DECISIONS. 


PATENTS—  Continued. 
When  void : 

Danford  v.  "Wear,  9  "Wheat.  673. 
Patterson  v.  Jenks,  2  Pet.  216. 
Stoddard  v.  Chambers,  2  How.  284. 
Brown's  lessee  v.  Clements,  3  How.  650. 
Morton  v.  Nebraska,  21  Wall.  660. 
Sherman  v.  Buick,  3  Otto,  209. 
Wirth  v.  Branson,  8  Otto,  118. 
Chapman  v.  School  Dist.  Xo.  1,  1  Deady,C. 

C    108. 

Milliker  v.  Starling,  16  Ohio,  61. 
Stubblefield  v.  Boggs,  2  Ohio  St.  216. 
Stockton  v.  Williams,  1  Doug.  (Mich.)  54Q. 
Rankin  v.  Miller,  43  Iowa,  II. 
McGill  v.  McGill,  4  La.  Ann.  262. 
Pollard's  heirs  v.  Files,  3  Ala.  47. 
Pollard's  heirs  v.  Greit,  8  Ala.  930. 
Hairold  v  Simonds,  9  Mo.  326. 
Peiry  v.  O'llanlon,  11  Mo.  373. 
Morgan  v.  Rutgers,  14  Mo.  5«5. 
Maguire  v.  Tyler.  40  Mo.  406. 
Atbearn  v.  Poppe,  25  Cal.  6:i2. 
Ha  gar  v.  Lucas,  29  Cal.  309. 
Durfee  v.  Plaisted,  38  Cal.  80. 
Suttnn  v.  Fassett,  51  Cal.  12. 
.The  People  v.  Carrick,  51  Cal.  325. 
1  Op.  Att.  Gen.  159,  458 ;  5  id.  7. 
Secretary  Interior,  Avery  v.  Carter,  Oct.  5, 

1876.  3  Copp'a  L.  O.  I9L 
PEORIA,  FRENCH  CLAIMS  IX— 

Dredge  v.  Foray  the,  2  black,  563. 
Hull  v.  Papin,  24  How.  i:>2. 
Median  r.  Forsythe,  24  How.  175. 
Balance  v.  McFarden,  12  Ills.  317. 
Gray  v.  McFarden,  12  Ills.  324. 
Balance  v.  Tepon,   12  Ills.  326. 
Rankin  r.  Curtenius,  12  Ills.  334. 
Lender  v.  Kidder,  23  Ills.  49. 
PERJURY— 

State  r.  Adams,  4  Blackf.  (Ind.)  146. 

People  ».  Kelly,  38  Cal.  145. 

Bun-ell  v  Haw,  48  Cal.  223. 

Com'r  G.  L.  O  ,  circular,  Feb.  29,  1836,  2 

L.  I.  &  O.  625. 
Secretary  Interior,  ex  parte  Tremper,  Nov. 

5,  18?!>'.  fi  Ci.pn'sL.  O.  153. 
PETALUMA,  TOWX  OF— 

Bell  i\  Tho  Bed  Rock  Tnnnel  &  Mg.  Co. 

36  Cal.  214. 

Jones  v.  City  of  Petaluma,  33  Cal.  397. 
Alemany  v.  City  of  Petaluma,  38  Cal.  554. 
POLISH  EXILES— 

Secretary  Treasury,  May  3,  1836.  2L.  L  & 

O.  518. 
Secretary  Treasury,  May  7,  1836,  2  L.  I.  & 

O.  519. 
Com'r  G.  L.  O.,  instructions,  July  23,  1834, 

2  L.  I.  &  O.  498. 
PORTERFIELD  SCRIP— 

Secretary  Interior,  Bovard  v.  Bunn,  Nov. 

2,  1871,'  Copp's  L.  L  803. 
Secretary  Interior,  ex  parte,  Brown,  July 

25,  1872.  Copp's  L.  L.  805. 
Com'r  G.  L  O.,ex  parte  Weise,  Dec.  1, 1875, 

2  Copp's  L.  O.  i:<0. 
Com'r  G.  L.  O.,  ex  parte Carrigan,  Aug.  25, 

Ir76.  3  Copp's  L.  O.  83. 
PORTLAND,  CITY  OF— 

Stark  v.  Starr,  6  Wall.  402. 

Lownsdale  v.  City  of  Portland,  1  Deady,  C 

€.8. 

Lownsdalev.  City  of  Portland.  1  Oreg.  381. 
Leland  v.  City  of  Portland,  2  Oreg.  46. 
Starr  v.  Stark,  2  Oreg.  118. 
Com'r  G.  L.  O.,  Portland  City  Case,  Oct. 

18.  1878,  1  Lester,  437. 
PORTLAND  LAND  CLAIM— 

Lamb  v.  Davenport.  1  Saw.  C.  C.  609. 
Lamb  v.  Vaughn,  2  Saw.  C.  C.  161. 
Shuffleton  v.  Nelson,  2  Saw.  C.  C.  540. 
Starr  v.  Stark,  2  Saw.  C.  C.  603. 
Lowi'sdale  v  City  of  Portland,  1  Deady  C. 

C.  1.  39. 

Fields  v.  Squires,  1  Deady  C.  C.  366. 
POSSESSION— 
Adverse  : 

McClung  v.  Ross,  5  "Wheat.  116. 
Ilk-ai-d  r.  Williams,  7  Wheat.  59. 


POSSESSION-  Continued 
Adverse : 

Wilson  v.  Watkins.  3  Pet.  41. 

Peyton  v.  Smith,  5  Pet.  485. 

Ewing  v.  Bui-net,  11  Pet.  41. 

Mizuer  v.  Vaughn,  2  Saw.  C.  C.  269. 

Shuffleton  r.  Nelson,  2  Saw.  C.  C.  340. 

Adams  v.  Burke,  3  Saw.  C.  C.  415. 

The  Four-Twenty  Mg.  Co.  v.  The  Bullion 

Mg.  Co.,  3  Saw.  C.  C.  034. 
Jackson  v.  Peter,  1  Paine,  C.  C.  457. 
Wallace  v.  Miner,  6  Ohio,  367. 
Wallace  v.  Miner,  7  Ohio,  249. 
Clark  v.  Sutherland,  16  Ohio  St.  408. 
Hargis  v.  The  Inhabitants,  29  Ind.  70. 
Rideway  v.  Ludlow,  58  Ind.  248, 
Cook  v.  Foster,  7  Ills.  652. 
Woodward  v.  McReynolds,  2  Pinney  (Wis.) 

268. 

Whitney  v.  Guuderson,  31  Wis.  359. 
Whitney  v.  Nelson,  33  Wis.  305. 
Page  v  Fowler,  28  Cal.  605. 
Polack  v.  McGrath.  32  Cal.  15. 
Page  v.  Fow:er,  37  Cal.  100. 
Mathews  v.  Ferrea,  45  Cal.  51. 
Peffer  v.  Dunlap,  9  Rob.  (La.)  ?ai. 
Hallet  v.  Heirs  of  Eslava,  3  Stew.  &  Port. 

(Ala.)  105. 

Ivison  et  al.  v  Dubois,  27  Ala.  418. 
Clemens  v.  Runckle,  34  Mo.  41. 
Davis  v.  Tbompson,  56  Mo.  39. 
Barry  v.  Otto,  5fi  Mo.  177. 
Secretary  Interior,  Claw  v.  Patterson,  Oct. 

11, 1878,  5  Copp's  L.O.I  47. 
Com'r  G.  L.  O.,   circular,   April  15,   1873, 

Copp's  L.  L.  667. 
Effect  of: 

Barr  v.  Gray's  heirs.  4  Wheat,  213. 

\V  alker  v  Turner.  9  Wheat.  54 1. 

United  States  v.  Fatio's  &  Hallowes'  heirs, 

8  Pet.  492. 
United  States  v.  De  Haro's  heirs,  22  How. 

293. 

United  States  v.  Castro,  24  How.  346. 
United  States  v.  Chaboya.  2  Black,  593. 
Peralta  v.  United  States,  3  Wall.  4:14. 
Serrano  v.  United  States,  5  Wall.  451. 
Gibson  v.  Chouteau,  13  Wall.  92. 
Trenouth  v.  San  Francisco,  10  Otto,  251. 
Gimmy  v.  Culverson.  5  Saw.  C.  C.  605. 
Sumner  v.  Colemau,  23  Ind.  91. 
Davis  v.  Hopkins,  15  Ills.  519. 
Godfrey  v.  Disbrou,  Walker's  Chan.  Rep. 

(Mich.)  }GO. 
Stocktons.  Williams,  Walker's  Chan.  Rep. 

(Mich.)  547. 

Bruckner  v.  Lawrence,  1  Doug.  (Mich.)  19. 
Stockton  v.  Williams,  1  Doug.  (Mich.)  546. 
Hubbard  v.  Smith,  2  Mich  207. 
Cran  v.  Reeder.  21  Mich.  25,  82. 
Hicks  v.  Bell,  3  Cal.  219. 
Plume  v.  Sewai  d,  4  Cal.  94. 
Castro  v.  Gill,  5  Cal.  40. 
Fitzgerald  v.  Urton,  5  Cal.  308. 
Tartar  v.  Spring  Buck  Mg.  Co.,  5Cal.395. 
Groover  v.  Hawley,  5  Cal.  485. 
Conger  v.  Weaver,  6  Cal.  548. 
Crandall  v.  Woods,  8  Cal.  136. 
Weisner  v.  Lowery,  1 1  Cal.  104. 
Rosev.  Davis,  11  Cal.  133. 
Waring  v.  Crow,  11  Cal.  M6. 
Houseman  v.  Chase,  12  Cal.  290. 
McGarrity  v.  Byington,  12  Cal.  431. 
Whitney  v.  Buckman,  13  Cal.  536. 
Gregory  v.  McPherson,  13  Cal.  562. 
Smith  v.  Doe,  15  Cal.  100. 
Lentz  v.  Victor,  17  Cal.  272. 
C.  N.  R.  R.  Co.  v.  Gould,  21  Cal.  254. 
Rogers  v.  Sog«s,  22  Cal.  444. 
Gluckauf  v.  Reed,  22  Cal.  468. 
Dyson  v.  Bradshaw,  -.2  Cal.  528. 
Dbran  v.  C.  P.  R.  R.  Co.,  24  Cal.  245. 
Hastings  v.  McGrogin,  27  Cal.  85. 
Page  v.  Hobbs,  27  Cal.  484. 
Kile  v.  Tubbs,  28  Cal.  402. 
Tyler  v.  Green,  28  Cal.  406. 
Pi-ople  v.  Shearer,  30  Cal.  645. 
Eic-h  r.  Manes,  33  Cal.  102. 
Gibson  v.  Puchta,  33  Cal.  310. 


CITATION    OF    DECISIONS. 


XXXV11 


POSSE  SSION—  Continued. 
E/ectof: 

People  v.  B.  D.  &  C.  M.  Co.,  37  Cal.  54. 
Holden  v.  Andrews,  38  Cal.  119. 
Emerson  v.  Sansome,  41  Cal.  552. 
McLean  v.  Benton,  43  Cal.  467. 
Slaughter  v.  Fowler,  44  Cal.  195. 
Westv.  Smith,  52  Cal.  322. 
Brandt  v.  Wheatou,  52  Cal.  430. 
Laudry  v.  Martin,  15  La.  1. 
Wilcoxon  v.  Rogers,  16  La.  6. 
Giiffin  v.  Cotton,  1  Hob.  (La.)  142. 
Dickson  v.  Marks,  10  La.  Ann.  518. 
Sloane  v.  Moore.  7  Mo.  170. 
Sarpy  v.  Papin,  7  Mo.  503. 
Macklot  v.  Dubreuil,  9  Mo.  477. 
Kansas  v.  Stringfellow,  2  Kaus.  263. 
Pratt  v.  You  up;,  1  Utab,  347. 
Fribaugh  v.  Masterson,  1  Idaho,  153. 
Colwell  v.  Smith,  (  Wash.  Ty.  109. 
Lownsdalev.  City  ot  Portland,  1  Oreg.  381. 
Hale  &  Norcross  v  Story  Co.,  1  Nev.  104. 
People  v.  Logan,  1  Nev.  109. 
State  v.  Real  Del  Monte  Mg.  Co.,  1  Nev. 

523. 

Lobdell  v.  Hall,  3  Nev.  507. 
State  of  Nevada  v.  Ebodes,  4  Nev.  312. 
Treadway  v.  Sharon,  7  Nev.  27. 
Rogers  v.  Coving.  7  Nev.  213. 
Lake  v.  Tolles,  8  Nev.  286. 
Barries  v.  Sabrou,  10  Nev.  217. 
1  Op  Alt.  Gen.  465,  703. 
Secretary  Interior,   Bovard  v.  Bunn,  Nov. 

X,  1871',  Copp's  L.  L.  80 «. 
Secretary  Interior,  Dietrick  v.  Bisscy.May 

20,  1876,  3  Copp's  L.  O.  37. 
Secretary  Interior,  Lyons  v.  Stevens,  Sept. 

21, 1879,  6  Copp's  L.  O.  107. 
Secretary  Interior,  Lawless  v.  Anderson, 

June  5, 1880,  7  Copp's  L  O.  68. 
Cbm'r  G.  L.  O  ,  circular,  Oct.  21,  1834,  2  L. 

I.  &  O.  597. 
Com 'rG.LO., circular,  April  15,1873,Copp's 

L.  L.  667. 
Juridical : 

Graham  v.  United  States,  4  Wall.  259. 
Yan  Eeynegan  v.  Bolton,  5  Ofto,  33. 
Secretary  Ulterior,  Rancho  Corte  Madera 
del  Presidio,  Jan.  6,  187-J,  Copp's  L.  L.  532, 
Secretary  Interior,  Raucho  Huasna,  Oct.  24, 

1878. 
Secretary  Interior,  Eancho  Las  Virgines, 

July  11,  lw7H. 
Com'f  G.  L  O,  Raucho  Huasna,  Sept.  29. 

1877. 
Com'r  G.  L.  O.,  Preston  Beck  claim,  Aug. 

14, 1879. 
What  constitutes  : 

United  States  v.  Arredondo,  6  Pet.  691. 

Elliott  v,  Pearl,  10  Pet.  412. 

Stark  v.  Starr,  1  Saw.  C.  C.  15. 

Hariis  v.  McGovern,  2  Saw.  C.  C.  515. 

Fields  v  Squires,  1  JDeady,  C.  C.  3(56. 

People  v.  htate  Treasurer,  7  Mich.  365. 

Bird  v  Deunison,  7  Cal.  £97. 

Baldwin  v.  Simpson,  12  Cal.  560. 

Wright  v.  Whiteside,  15  Cal.  46. 

Garrison  v.  Sampson,  15  Cal  93. 

Coryell  v.  Cain,  l(i  Cal.  567. 

English  v.  Johnson.  17  Cal.  108. 

"Wolf  v.  Baldwin,  19  Cal.  306. 

Commins  v.  Scott.  20  Cal.  83. 

Hestres  v.  Brennan,  21  Cal.  403. 

Hutton  v.  Schumaker,  21  Cal.  453. 

Patterson  v.  Keystone  Mg.  Co.,  23  Cal.  575. 

Wixon  v.  Bear  River  Co.,  24  Cal.  367. 

People  v.  Bachelder,  27  Cal.  70. 

Page  v.  O'Brien,  36  Cal.  559. 

Bull  v.  Frazier,  38  Cal.  C93. 

Wo  fskill  v.  Malejowioh,  39  Cal.  276. 

"Wilson  v  Shackleford,  41  Cal.  630. 

Crowell  v.  Lanfranco,  42  Cal.  654. 

Pat  tee  v.  Moyle,  44  Cal.  363. 

Le  Roy  v.  Cunningham,  44  Cal.  599. 

Iberg  'v.  fciuanet,  47  Cal.  265. 

GeJcich  v.  Mortality,  53  Cal.  217. 

Heirs  of  Mims  v.  Higgins,  1  Ala.  676. 

James  v  Snelson,  3  Mo.  278. 

Gale  v.  Davis,  7  Mo.  541. 


POSSESSION—  Continued. 
What  constitutes : 

Papin  v.  Hines,  23  Mo.  274. 

McFarland  v.  Culbertson,  2  Nev.  280. 

O'Neal  v.  Cleveland,  3  Nev.  485. 

Robinson  v.  Imperial  Silver  Co.,  5  Nev.  44. 

Craft  v.  Carlow,  9  Nev.  50. 

Eureka  Mg.  Co.  v.  Way,  11  Nev.  171. 

Lechler  v.  Chapin,  12  Nev.  65. 

Courtney  v.  Turner,  12  Nev.  345. 

Rivers  v.  Burbank,  13  Nev.  398. 

Gleason  v.  Martin  White  Mg.  Co.,  13  Nev. 

442. 

Circulars,  2  L.  I.  &  O.  545,  589,  597. 
Claw  v.  Patterson,  5  Copp's  L.  0.  147. 
Lyons  v.  Stevens,  6  Copp's  L.  O.  107. 
Lawless  v.  Anderson,  7  Copp's  L.  O.  68. 
POSSESSORY    TITLES    OF    INHABITANTS 
AFTER  CHANGE  OF  SOVEREIGN- 
TY— 

American  Ins.  Co.  v.  Canter,  1  Pet.  511. 
Doe  v.  Hill,  Breese,  (Ills.)  236. 
Pnget  Sound  Ag.  Co.  v.  Pierce  Co.,  1  Wash. 

TV.  180. 
POWER  OF  ATTORNEY— 

Hunt  v.  Rousmanier's  adms.,    8  Wheat. 

174. 

Love  v.  Simm's  lessee,  9  Wheat.  515. 
McClareu  v.  Wieker,  8  Ark.  192. 
MeElyea  v.  Hayter,  2  Port.  (Afa.)  148. 
3  Op  Art.  Gen.  35,  97  ;  2  L.  I.  &  0. 2;  Copp's 

L.  L.  795. 

POWER  OF  PRESIDENT  TO  REVERSE  SEC- 
RETARY— 

Presd't  Pierce,  Feb.  11,  1857,  1  Lester,  507. 
Presd't  Buchanan,  Dec.  12,  1859,  1  Lester, 

6c-0. 

PRE-EMPTION    ENTRIES    BY    MAIL    CON- 
TRACTORS— 

Op.  Att.  Gen.  May  12,  1859,  1  Lester,  486. 
Secretary  Interior  to  Com'r  G.  L.  O.,  Oct. 

30,  1857,  1  Lester,  463. 
Secretary  Interior,  ex  parte  Stewart  et  al., 

Jan.  2G,  185!),  1  Lester,  463. 
Secretary  Interior,  ex  parte  Hill,  May  15, 

1855,  1  Lester,  464. 
Secretary  Interior,  ex  parte  Bennett  et  al., 

Oct.  26,  1858,  1  Lester.  465. 
Secretary  Interior,  Apiil  22,  1859,  1  Lester, 

486. 
Secretary  Interior,  ex  parte  Emory,  May 

26,  1859,  I  Lester,  488. 

Com'r.  G.  L.  O., circular,  Sept.  9, 1857, 1  Les- 
ter, 459. 
Com'r  G.  L.  O.,  to  Secretary  Interior,  Oct. 

29,  1857,  1  Lester,  460. 
Com'r  G.  L.  O.,  ex  parte  Stewart  et  al., 

March  31,  1858,  1  Lester,  463. 
Com'r  G.  L.  0  ,  April  9,  1859,  1  Lester,  485. 
PRIVATE  LAND  CLAIMS— 
Alcalde  grants  : 

Merryman  v.  Bourne,  9  Wall.  602. 
Alexander  v.  Roulet,  13  Wall.  387. 
Palmer  v.  Low,  8  Otto,  1. 
Montgomery  v.  Beam,  1  Saw.  C.  C.  653. 
Woodwortti  v.  Fulton,  1  Cal.  295. 
Reynolds  v.  West,  1  Cal.  3J2. 
Brown  v.  O'Conner,  1  Cal.  419. 
Cohas  v.  Raisin,  3  Cal.  443. 
Holliday  v.  West,  6  Cal.  519. 
Welch  v.  Sullivan,  8  Cal.  164, 
Chapin  v.  Bourne.  8  Cal.  294. 
Noe  v.  Card,  14  Cal.  577. 
Payne  v.  Treadwell,  16  Cal.  221. 
Leese  v.  Clark,  18  Cal.  535. 
White  v.  Moses,  21  Cal.  34. 
Downer  v.  Smith,  24  Cal.  114. 
Fuller  v.  Ferguson,  2(5  Cal.  546. 
Seabury  v.  Arthur,  28  Cal.  H2. 
.     Rice  v. 'Cunningham,  29  Cal.  492. 
Beach  v.  Gabriel,  29  Cal.  580. 
Lick  v.  Diaz,  30  Cal.  65. 
Wilson  v.  Cleveland,  30  Cal.  192. 
Donner  v.  Palmer,  31  Cal.  501. 
Lick  v.Diaz,  37  Cal.  437. 
Garwood  v.  Hastings,  38  Cal.  216. 
Broad  v.  Broad,  40  Cal  493. 
Romie  v.  Casanova,  45  Cal.  131. 
Sill  v.  Russ,  47  Cal.  295. 


XXXV111 


CITATION   OF   DECISIONS. 


PRIVATE  LAND  CLAIMS— Continued. 
Appeal : 

Mitchell  v.  United  States,  15  Pet.  52. 
United  States  v.  Boisdore's  heirs,  8  How. 

113. 

United  States  v.  Eitchie,  17  How.  525. 
Tturhide's  ex'r  v.  United  States,  22  How. 

290. 

United  States  v.  "White,  23  How.  249. 
United  States  v.  Gomez,  23  How.  3^6. 
Malarin  v.  United  States,  1  Wall.  2e2. 
United  States  v.  Johnson,  1  Wall.  326. 
United  States  v.  Auguisola,  1  Wall.  352. 
United  States  v.  Yorba,  1  Wall.  412 
United  States  v.  Morillo,  1  Wall.  706. 
United  States  v.  E.studillo,  1  Wall.  710. 
United  States  v.  Billing.  2  \v  all.  444. 
The  Fossat  Case,  2  Wall.  G49. 
Castio  v.  United  States,  3  Wall.  46. 
Beard  v.  Federy,  3  Wall.  478. 
Uuited  States  v.  Gomez,  3  Wall.  753. 
Higueras  v.  Uuited  States,  5  Wall.  827. 
Giisar  ».  McDowell,  6  Wall.  363. 
Alviso  r.  United  States,  8  Wall.  337. 
Noe  v.  United  States,  1  Hoffman,  L.  Cas. 

242. 
Tturbide  v.  United  States,  1  Hoffman,  S. 

Cas.  273. 
City  of  San  Francisco  v.  United  States,  1 

Saw.  C.  C.  553. 
14  Op.  Att.  Gen.  74. 
Secretary  Interior,  Las  Animas  grant,  Oct. 

27,  It74. 
Secretary    Interior,    Las    Animas    grant, 

Jan.  23,  1875. 
Secretary  Interior,  RanchoElCajon,  March 

15,  1878,  Copp's  L.  L.  559. 
Secretary  Interior,  Bancho  Corte  Madera, 

May  28,  1879,  6  Copp's  L.  O.  52. 
Secretary  Interior,    Rancho  La  Laguna, 

May  17,  1880,  7  Copp's  L.  O.  40. 
Baron  de  Bastrop  grant  : 

United  States  v.   Philadelphia  and   New 

Orleans,  11  How.  609. 
Secretary  Interior,  ex  parte  Vester,  Maich 

31,  1859,  1  Lester,  451. 
British  grant* : 

Harcourt  v.  Gaillard,  12  Wheat.  523. 
Eslavat).  Farmer's  heirs,  7  Ala.  543. 
Doe  ex  dem.  Farmer  v.  Eslava,  11  Ala. 

1028. 
Secretary  Treasury,  instructions,  July  26, 

1803,  2  L.  I.  &  O.  7"i9. 

Secretary  Treasury,  instructions,  May  31, 

1804,  2'L.  I.  &  O.  '(562. 

Secretary  Treasury,  instructions,  April  24, 

1806, 2  L.I.  &O  to  3. 
Secretary  Treasury,  instructions,  April  24, 

1806,  2L.  I.  &  O.  795. 
Secretary  Treasury  to  Com'rs,  April  24, 

1806,  2  L.  I.  &  O.  674. 
Secretary  Treasury  to   Coni'rs,  Aug.  16, 

1806, 2  L.  I.  &  O.  679. 
Secretary   Treasury,  circular,  March  28, 

lc<07,  2  L.  I.  &  O.  687. 
Secretary  Treasury,  instructions,  Oct.  20. 

1808,  2  L.I.  &  O  695. 
Secretary  Treasury,  ex  parte  Ellis  el  al., 

July  21, 1809, 2  L.  I.  &  O.  698. 
Com'f  G.  L.  O.,  instructions,  July  14, 1812, 

2  L.  I.  &  O.  704. 
Com'r  G.  L.  O.,  instructions,  July  31, 1812, 

2  L.  I.  &.  O.  706. 
Com'r  G.  L.  O.  to  Com'rs,  Aug.  7,  1813,2 

L.  I.  &  O.  707. 
Com'r  G.  L.  O..  instructions.  March  22, 

1819, 2  L.  I.  &O.  712. 
Com'r  G.  L.  O.,  instructions,  Aug.  13, 1823, 2 

L.  I.  &  O.  717. 
Com'r  G.  L.  O.,  instructions,  Aug.  4, 1827, 2 

L.  I.  &  0. 876. 
Com'r  G.  L.  O.,  instructions,  July  20, 1830, 2 

L.I.  &O.  *«4>>. 
Com'r  G.  L.  O.,  instructions,  Feb.  9, 1831, 2 

L.  I.  &  O.  74!!. 
Com'r  G.  L.  O.,  ex  parte  Rhea,  July  16, 

i«-:r>,2L.  I.  &O.758. 
Com'r  G.   L.  O.,  circular,    Oct.  25,  1860, 

Copp's  L.  L.  52J. 


PRIVATE  LAND  CLAIMS—  Continued. 
British  grants  : 

Com'r  G.  L.  O.,  circular,  July  18,   1672, 

Copp's  L.  L.  525. 
Com'r  G.  L.  O.,  circular,  Aug.  26,  1872, 

Copp's  L.  L.  513. 
Commissioners : 

Brown  v.  Jackson,  7  Wheat.  218. 
Henderson  v.  Poindexter,  12  Wheat.  530 
Ross  v.  Borland,  1  Pet.  635. 
Strother  v.  Lucas,  6  Pet.  763. 
United  States  v.  Percheman,  7  Pet.  51. 
Strother  v.  Lucas,  12  Pet.  410. 
McDonogh  v.  Millaudon.  3  How.  693. 
Landes  v.  Brant,  10  How.  348. 
United  States  v  Ritchie,  17  How.  525. 
United  States  v.  Fossat,  20  How.  413. 
United  States  v.  Fossat,  21  How.  445. 
Magwire  v.  Tyler,  1  Black,  li'5. 
United  States  v.  Covilland,  1  Black,  339. 
United  States  v.  Grimes,  2  Black,  610. 
United  States  v.  Sepulveda,  1  Wall.  104. 
United  States  v.  Halleck,  1  Wall.  439. 
Beard  v.  Federy,  3  Wall.  478. 
Higueias  v.  United  States,  5  Wall.  827. 
Lynch  v.  Bernal,  9  Wall.  315. 
Williams  v.  United  States.  2  Otto,  457. 
Boyle  v.  Hinds,  2  Saw.  C.  C.  527. 
Mora  v.  Foster,  3  Saw.  C.  C.  469. 
United  States  v.  Flint,  4  Saw.  C.  C.  42. 
Grisar  v.  McDowell,  4  Saw.  C.  C.  597. 
Norton  v.  Meader,  4  Saw.  C.  C.  603. 
Challefoux  v.  Ducharme,  4  Wis.  554. 
Hoolerv.  Tippet,  8  Mai-tin  (La.)  637.' 
Boatner  v.  Vantress,  8  Martin  (La  )  644. 
Thomas  v.  Turnley.  3  Rob.  (La.)  206. 
Archer  v.  Bacon,  12  Mo.  149. 
Papin  v.  Massey,  27  Mo.  445- 
Magwire  v.  Tyler,  40  Mo.  406. 
Semple  v.  Hagar,  27  Cal.  163. 
Bernal  v.  Lynch,  36  Cal.  135. 
Chipman  v.  Hastings,  50  Cal.  310. 
Com'r  G.  L     O.,   circular,   Oct.  25,  1860, 

Copp'S  L.  L.  523. 
Com'r  G.  L.  O  ,  Kancho  Niguel,  July  9, 

1872,  Copp's  L.  L.  564. 
Com'r  G.  L.  O.,  Rancho  Corte  Madera,  Sept. 

18,  1878. 

Commons,    common-field   lots,  out-lots,  village 
lots,  <&c. : 

Strother  v.  Lucas.  12  Pet.  410. 

Mackay  v.  Dillon.  4  How.  421. 

LesBois  v.  Bramell,  4  How.  449. 

Menard's  heirs  v.  Massey,  8  How.  293. 

United  States  v.  Boisdore's  heirs,  8  How. 
113. 

Gamache  v.  Piquignot,  16  How.  451. 

Guitard  v.  Stoddard,  16  How.  494. 

Kissell,  v.  St.  Louis  Pub.  Schools,  18  How. 
19. 

Savignac  v.  Garrison,  18  How.  136. 

Willot  v.  Sandford,  19  How.  79. 

Carondelet  v.  St.  Louis,  1  Black  179. 

Glasgow  v.  Hortiz,  1  Black,  595. 

Public  Schools  v.  Walker,  9  Wall.  282. 

Shepley  v.  Cowan,  1  Otto.  330. 

Ma>or,    &c..  New  Orleans  v.  Catares,  3 
Martin  (La.)  675. 

Clark  v.  Brazeau,  1  Mo  290. 

Vasseur  v.  Benton.  I  Mo.  212. 

Janis  v.  Gurmo,  4  Mo.  458. 

Gurino  v.  Jams.  6  Mo.  350. 

Cerre  v.  Hook,  6  Mo.  474. 

Bird  v.  Montgomery,  6  Mo.  510. 

Mackay  v.  Dillon,  7  Mo.  7. 

Moss  v.  Anderson,  7  Mo.  337. 

Hammond  v.  St.  Louis,  8  Mo.  65. 

Trotter  v.  Board,  <fcc.,  St.  Louis,  9  Mo.  69. 

Montgomery  v.  Laudnsky,  9  Mo.  714. 

Page  v.  Scblibel,  11  Mo.  109. 

Eberlo  v.  Board,  &c.,  St.  Louis,  11  Mo.  157. 

MeGill  v.  Somers,   1 5  Mo.  80. 

Inhabitants  of  Caroudelet  v.  Dent,  18  Mo. 
248. 

Barada  v.  Bhimentbal,  28  Mo.  162. 

City  of  Carondelet  v.  McPherson,  20  Mo. 
192. 

St.  Louis  Public  Schools  v.  Hammond,  21 
Mo.  238. 


CITATION   OF   DECISIONS. 


XXXIX 


PRIVATE  LAXD  CLAIMS—  Continued. 

Commons,    common-field   lota,  out-lots,   village 

lots,  d-c.  .- 

City  of  St  Louis  v.  Toney,  21  Mo.  243. 
Hogan  v.  Page,  22  Mo.  55. 
Maguire  r.  Page,  23  Mo.  183. 
Mil  burn  v.  Hortiz,  23  Mo.  532. 
Tayon  v.  Ilardman,  23  Mo.  539. 
Tine  v.  St.  Louis,  23  Mo.  520. 
Yasquez  v.  Ewing,  24  Mo.  31. 
Scbultz  v.  Lindoll,  24  Mo.  567. 
City  of  Carondelet  v.  City  of  St.  Louis,  25 

Mo.  449. 

Funkhouser  v.  Langkopp,  26  Mo.  453. 
Clark  v.  nammerle,  27  Mo.  55. 
Prim  v.  Hoi-en,  27  Mo.  205. 
City  of  Carondelet  v.  City  of  St.  Louis,  29 

Mo.  527. 

Funkhouser  v  Fantz,  29  Mo.  540. 
McCune  v.  O'Fallon.  32  Mo.  13. 
Barry  v.  Blumenthal.  32  Mo.  29. 
Tayon  v.  Laden,  33  Mo.  205. 
Bobbins  v.  Eckler,  36  Mo.  494. 
Le  Beau  v.  Gaven,  37  Mo.  556. 
Patterson  v.  Fogan,  38  M,o.  70. 
Fine  v.  St.  Louis.  <fcc.,  39  Mo.  59. 
Schultz  v.  Lindell,  40  Mo.  330. 
St.  Louis  Public  Schools  v.  Schoen-thaler, 

40  Mo.  372. 
St.  Louis  Public  Schools  v.  Walker,  40  Mo. 

383. 

Vasquez  v.  Ewing,  42  Mo.  247. 
Cotnoyer  v.  La  B  aume,  45  Mo.  139. 
Glasgow  v.  Lindell,  50  Mo.  CO. 
Shepley  v.  Cowan,  52  Mo.  559. 
Langlois  v.  Crawford,  51)  Mo.  456. 
Secretary  Treasury,  instructions,  May  14, 

1810,  2  L.  I.  &  O.  700. 
Confirmation  : 

De  la  Croix  v.  Chamberlain,  12  "Wheat.  599. 
Foster  &  Elam  v.  Keilson,  2  Pet.  253. 
Strother  v.  Lucas,  6  Pet.  763. 
United  States  v.  Percheman,  7  Pet.  51. 
Delassus  v.  United  States,  9  Pet.  117. 
Chouteau's  heirs  v.  United  States,  9  Pet. 

147. 

United  States  v.  Huertas,  9  Pet,  171. 
Smith  v.  United  States,  10  Pet.  326. 
Strother  v.  Lucas,  12  Pet.  410. 
Pollard's  i  eirs  v.  Kibbe,  14  Pet.  353. 
Stoddard  v.  Chambers,  2  How.  284. 
Grignon  v.  Astor,  2  How.  319. 
Chouteau  v.  Eckhart,  2  How.  344. 
Les  Bois  v.  Bramell,  4  How.  490. 
La  Roche  v.  Jones,  9  How.  156. 
Robinson  v.  Minor,  10  How.  627. 
Blanc  v.  Lafayette,  11  How.  104. 
United  States  v.  Moore,  12  How.  209. 
Vilemont  v.  United  States,  13  How.  261. 
United  States  v.  Roselius,  15  How.  31. 
United  States  v.  Ducros,  15  How.  38. 
McCabe  v.  Worthington,  16  How.  86. 
Burgess  v.  Gray,  16  How.  48. 
United  States  v.  Reading,  18  How.  1. 
Ledoux  et  al.  v.  Black,  18  How.  473. 
Willot  v.  Sandford,  19  How.  79. 
Cousin  v.  Blanc's  ex'r,  19  How.  203. 
Bryan  v.  Foray th,  19  How.  334. 
United  States  v.  Sutherland,  19  How.  363. 
United  States  v.  Sutter,  21  How.  170. 
Easton  v.  Salisbury,  21  How.  406. 
Gonzales  v.  United  States,  22  How.  161. 
Bertbold  v.  McDonald,  22  How.  334. 
United  States  v.  Vallojo,  22  How.  416. 
United  States  v.  Alviso,  23  How.  318. 
Yontz  v.  United  States,  23  How.  495. 
Massey  v.  Papin,  24  How.  362. 
United  States  v.  Knight's  adin'r,  1  Black, 

227. 

United  States  v.  Covilland,  1  Black,  339. 
Glasgow  v.  Hortiz,  1  Black,  595. 
Untied  States  v.  Galbraith  ct  al.,2  Black, 

3H4. 

United  States  v.  Billing,  2  Wall.  444. 
Hogan  v.  Page,  2  Wall.  005. 
United  States  v.  Fossatt,  2  Wall.  649. 
Lanfear  v.  Hunley,  4  Wall.  204. 
Townsend  <>t  al.  v.  Greeley,  5  Wall.  326. 
Serrano  v.  United  Stales,' 5  Wall.  451. 


PRIVATE  LAND  CLAIMS—  Continued. 
Confirmation  : 

Higueras  v.  United  States,  5  Wall.  827. 
Grisar  v.  McDowell,  6  Wall.  3t3. 
Maiiuire  v.  Tyler,  8  Wall.  G50. 
Steinbach  v.  Stewart,  11  Wall.  566. 
Carpentier  v.  Montgomery,  13  Wall.  480. 
Dent  v.  Emmeger,  14  Wall.  308. 
Brown  v.  Brackett,  21  Wall.  387. 
Langdeaut1.  Hants.  21  Wall.  521. 
Connoyer  v.  SchaelTer,  22  Wall.  254. 
Morrison  ct  al.  v.  Jackson,  2  Otto,  654. 
Ryan  et  al.  v.  Carter  ct  al..  3  Otto.  78. 
Tameling  v.  U.  S.  F.L.  &  E.  Co.,  3  Otto,  644. 
Colorado  Co.  v.  Com'i  s,  <fcc.,  5  Otto,  259. 
Morrow  v.  Whitney,  5  Otto,  551. 
Scull  v.  United  States,  8  Otto,  410. 
United  States  v.  Reading,  1  Hoffman,  L.  Cas. 

18. 
United  States  v.  Bernal,  1  Hoffman,  L.  Caa. 

50. 
United  States  v.  Sanchez,  1  Hoffman,  L.  Cas. 

133. 
Thurn  v.  United  States,  1  Hoffman,  L  Cas. 

298. 

Sea-bury  v.  Field,  1  McAllister,  C.  C.  1. 
United  States  v.  Pico,  1  Saw.  C.  C.  347. 
Bissell  v.  Heoshaw,  1  Saw.  C.  C.  553. 
Walker  v.  Marks,  2  Saw.  C.  C.  152. 
Mora  v.  Foster,  3  Saw.  C.  C.  409. 
Hardy  v.  Harbin,  4  Saw.  C.  C.  536. 
Tripp  v.  Spring,  5  Saw.  C.  C.  209.  . 
Jackson  r.  Astor,  1  Pinney  (Wis.)  137. 
White  v.  Wells,  5  Martin  (La.)  652. 
Bakers.  Thomas,  4  La.  414. 
Moore  v.  Pontalla,  13  La.  571. 
Lavergne  v.  Elkins,  17  La.  220. 
Noulen  v.  Perkins,  3  Rob.  (La.)  233. 
Murdock  v.  Gurly,  5  Rob.  (La.)  467. 
Metroyer  v.  Larenaudiere,  6  Rob.  (La.)  139- 
Broueaard  v.  Gonsoulin,  12  Rob.  (La.)  1. 
Lafayette  v.  Blanc,  3  La.  Ann.  59. 
Purvis  v.  Harrminson,  4  La.  Ann.  421. 
Dupless's  v.  Miller.  6  La.  Ann.  683. 
Beatty  v.  Michou,  9  La.  Ann.  102. 
Kittndgev.  Herbert,  9  La.  Ann.  154. 
Williams  v.  Close,  12  La.  Ann.  873, 
Sandoz  v.  Ozenne,  13  La.  Ann.  616. 
Dutillet  v.  Blancbard,  14  La.  Ann.  97. 
Cannon  v.  "W  hite,  16  La.  Ann.  85. 
Martin  v.  Brasbear,  28  La.  Ann.  581. 
Heirs  of  Mims  v.  Higgins,  1  Ala.  676. 
Tillotson  v.  Doe  ex  dem.  Kennedy,  5  Ala. 

407. 

Doe  ex  dem.  Chastang  v.  Dill,  19  Ala.  421. 
Chastang's  heirs  v.  Armstrong,  20  Ala.  69. 
Ashley  v.  Cramer,  7  Mo.  98. 
Barry  v.  Gamble,  8  Mo.  88. 
Roussin  v.  Parks,  8  Mo.  528. 
Ott  v.  Soulard,  9  Mo.  581 . 
Landes  v.  Perkins,  12  Mo.  238. 
Ashley  v.  Turley,  13  Mo.  430. 
Morgan  v.  Rutgers,  14  Mo.  585. 
McGill  v.  Somers,  15  Mo.  80. 
Inhabitants  of  Carondelet  v.  Dent,  18  Mo. 

248. 

Maguire  v.  Vice,  20  Mo.  429. 
Mercier  v.  Letcher,  22  Mo.  66. 
Berthold  v.  McDonald,  24  Mo.  126. 
Papin  v.  Massey,  27  Mo.  445. 
Williams  v.  Carpenter,  28  Mo.  453. 
St.  Louis  Univertity  v.  McCune,  28  Mo.  481. 
Dent  v.  Segerson,  25>  Mo  4e9. 
Mitchell  v.  HandfieW,  33  Mo.  431. 
St.  Louis  Gas  Light  Co.  v.  Reiss,  33  Mo.  551. 
Connoyer  v.  Washington  University,  36  Mo. 

481.' 

Carpenter  v.  Ramalls,  45  Mo.  584. 
Le  Beau  v.  Armitage,  47  Mo.  138. 
Board  of  Com'rs  v.  Colorado  Imp.  Co.,  2 

Colo.  6-28. 

Rose  v.  Davis,  1 1  Cal.  133. 
Gregory  v.  McPherson,  13  Cal.  562. 
Jackson  v.  Feather  River  Co.  14  Cal.  18. 
Leese  v.  Clark,  18  Cal.  535. 
Soto  v.  Kroder,  19  Cal.  87. 
Clark  v.  Lockwood,  21  Cal.  220. 
Rice  v.  Spouse,  21  Cal.  504. 
Mahoney  v.  VanWinkle,  21  Cal.  552. 


xl 


CITATION    OF   DECISIONS. 


PRIVATE  LAND  CLAIMS- Continued. 
Confirmation : 

Semple  ?•.  Hagar.  27  Cal.  163. 

Ward  r.  Muliord,  3-2  Cal.  365. 

O'Conuell  r.  Dougherty.  32  Cal.  453. 

Schmidt  v.  Giovanari.  43  Cal.  617. 

Had  ley  v.  Brown.  46  Cal.  *OI. 

7  Op.  Att.  Gen.  636,  6*1  ;  9  id.  397, 4?0 ;  Sept. 

29,  1859,  1  Lester.  640;  Nov. f>,  1-7.3. 
Secretary  Interior,  Rancho  Musalacon,  Teh. 

23, 1&59.  I  Lester,  i  47. 
Secretary  Interior,  Rancho  Tularcitos,  July 

30. 1?59,  1  Lester,  61-2. 
Secretary  Inteiior.  Raucho  Buelna,  Sept  1, 

1859,  I  Lester.  6.J7. 
Secretary  Interior,  liancho  Sespe,  July  31, 

1871,  Copp's  L.  L.  f>29. 
Secretary  Interior.  Rancbo  Corte  Madera, 

Jan.  6,  1672,  Copp's  L.  L.  532. 
Secretary  Inteiior.  Rancbo  LlCajon,  March 

15.  1872,  Copp'a  L  ! 

Secretary  Interior.  Rancho  La  Carbonera, 

May  21, 1873.  Copp's  L.  L.  507. 
Secretary  Intel ior,  ex  Mission  San  Buena- 
ventura, Juno  18,  li-74,  Copp's  L.  L.  573. 
Secretary  Interior,  Rancbo  Caslaikayonii, 

July  13,  1-74,  Copp's  L.  I 
Secretary  Inteiior,  Beaubien  &  Miranda, 

Dec.  31, 1869,  Copp's  L.  L.  603. 
Secretary  Inteiior  Rancho  Los  Trigos,  Feb. 

2*.  1674,  Copp's  L.  L.  607. 
Secretary  Interior.  Rancho  Corral  deTierra, 

J  i  n*O,  Ie75,  2  Copp's  L  O.  5.'. 
Secretary  Interior.  Ortiz  mine  grant,  April 

22,  1 876, 3  Copp's  L.  O.  y  i. 
Secretary    Interior,   liancho    Escorpinas, 

Aug.  17, 1676,  3  Copp's  L.  O.  90. 
Secretary  Inteiior.  Rancbo  PalosColorados, 

Aug.  l»,  1»78.  5  Copp's  L.  O.  1 19. 
Secret  ary  Interior,  liancho  Huasna,  Oct.  24, 

IOTA 
Com'rG.L.O.,  Mission  la  Purisima,  June 

10.  I  .-73,  Copp's  L.  L.  507. 
Com'r  G.  L.  O.,  ex-Mission  San  Buenaven- 
tura, Aug.  1,  1873,  Copp's  L.  L.  568. 
Com'i-  G.  L.  O.,  liancho  Najalayegua,  Sept. 

18,  1874,  Copp's  L.  L.  591. 
Com'r  G.  L.  O.,  Ortiz  mine  grant,  June  19, 

I-'..'.  5  Copp's  L.  O.  5-J. 
Com'r  G.  L.  O..  Town  Chilili,  Feb.  12, 1875, 

2  Copp's  L.  O.  101. 
Com'r  G.  L.  O..  liancho  Cajon  de  Santa  Ana, 

Sept.  18. 1>75,  2  Copp'M  L.  O.  119. 
Com'rG.L.  O..  liancho  Escorpinas,  Sept.  24, 

1875, 2  Copp's  L.  O.  135. 
Com'r  G.  L.  O.,  Pueblo  San  Francisco,  Xov. 

11, 1878, 5  Copp's  L.  O.  1 U. 
Construction : 

Mitchell    et  al.  v.   United  States,  9  Pet. 

711. 

United  States  v  Auguisola.  1  Wall.  352. 
Higueras  v.  United  States.  5  Wall  627. 
Tobin  r.  Watten's  heir,  1  McAllister,  C.  C. 

151. 

Griffiing  r.  Gibb,  1  McAllister,  C.  C.  212. 
Secretary  Interior,  Eancho   Xovato,  Jan. 

13.  1859,  1  Lester,  645. 
Secretary    Interior,    liancho    Musalacon, 

Feb.  23,  1859,  1  Lester,  647. 
Secretary  Interior,  liancbo    Pinole  et  al., 

Aug.  10,  1*59,  1  Lester  C54. 
Secretary  Interior.  liancho  Bnelna,  Sept. 

1,  1859,'  1  Lester,  657. 
Secretary  Inteiior,  liancho  Corte  Madera, 

Jan  6/1872,  Copp'w  L.  L.  f;32. 
Secretary  Interior,  Beaubien  &.  Miranda, 

Dec  3i,  1669.  Copp's  L.  L.  603. 
Secretary    Interior,   liancho  Los   Trigos, 

Feb.  2-,  It74.  Copp's  L.  L  607. 
Secretary  In  tei ior.  Raucho  Corral  de  Tierra, 

June  1.  l>7.'i.  -J  ('i.jip's  L.  O.  53. 
Secretary    Interior,    Rancho    Escorpinas, 

Aug.  17, 1676,  3  Copp's  L.  O.  90. 
Secretary  Intenor,  liancho  Huasna,  Oct. 

21.  1 
Com'r  G.  L.  O.,  Mission  la  Purisima,  June 

16.  1873,  Copp's  L.  L.  567. 

Com'r  G.  L.  O..  Rancho  Xajalayegua,  Sept. 
18,  Ie74.  Copp's  L.  L.  590. 


PRIVATE  LAND  CLAIMS—  Continued. 
Construction : 

Com'r  G.  L.  O..  Rancho  Escorpinas.  Sept. 

•24.  1875,  2  Copp's  L.  O.  135. 
Com'r  G.  L.  O.,  Pueblo  San  Francisco,  Xov. 
11,  1S78.  5  Copp's  L.  O.  131. 


Certificate  of  Corporation : 
Richardson  v.  L 


Hobart,  1  Stewart  (Ala.)  500. 
Ballet  v.  Eslava,  2  Stewart  (Ala.)  115. 
Lewis  v.  Goguctte,  3  Stew.  &  Port.  (Ala.) 

61. 
Hallet  v.  Heirs  of  Eslava,  3  Stew.  &,  Port. 

(Ala.)  105. 
Ryder  r.  Innerarity,  4  Stew.  &,  Port.  (Ala  ) 

Logan  r  Moulder,  1  Ark.  313. 

Mill -urn  r.  Hardy.  28  Mo.  514. 

Bompart  r.  Stum'pff,  40  Mo.  446. 

Com'r  G.  L.  O.,  instructions,  Dec.  5, 1829  2 

L.  I.  <fc  O.  741. 
Com'r  G.  L.  O.,  instructions,  Feb.  9,  1832, 

2  L.  I.  &.  O.  746. 
Com'r  G.  L.  O.,  instructions,  Aug.  13, 1832, 

2  L.  I.  &  O.  747. 
Com'r  G.C.  O..  instructions,  Jan.  11,  1838, 

2  L.  I.  «fc  O.  752. 
Com'r  G.  L.  O.,  instructions,  July  26,  1803, 

2  L.  I   &  O.  779. 
Equitable  titlfg  : 

Fieuiout  v.  United  States.  17  How.  542. 
Berthold  v.  McDonald  et  al.,  22  How.  334. 
Greer  et  al.  v.  Mezes,  24  How.  268. 
Singleton  v.  Touchavd,  1  Black,  342. 
Townsend  et  al.  v.  Greeley.  5  Wall.  326. 
United  States  v.  Armijo,  5  Wall.  444. 
Meader  v.  Norton.  11  Wall.  442. 
Carpentier  v.  Montgomery-,  13  Wall.  480. 
French  grants : 

Del'assus  v.  United  States,  9  Pet.  117. 
Cbouteau's  heirs  v.  United  States,  9  Pet. 

137. 

iS'ew  Orleans  v.  De  Armas,  9  Pet.  2-23. 
Mackey  v  United  States,  10  Pet.  340. 
Soothers  Lucas,  12  Pet,  410. 
Mitchel  v.  United  States,  15  Pet.  52. 
McDonogh  v.  Millaudon,  3  How.  693. 
United  States  v.  L'Anterive,  10  How.  609. 
Blanc  v.  Lafayette.  11  How.  104. 
United  States  v.  Power's  heirs,  11  How. 

570. 

Montault  v.  United  States,  12  How.  47. 
United  States  v.  Porche,  12  How.  426. 
United  States  v.  Pillerin.  1 ;  How.  9. 
United  States  v.  D' Auterive,  15  How.  14. 
Burgess  v.  Gray,  16  How.  48. 
Denise  v.  Ruggles,  16  How.  24-2. 
West  v.  Cochran,  17  How.  ^03. 
Gregg  v.  Tesson,  1  Black.  150. 
Dredge  r.  Forsyth,  2  Black,  563. 
Uuited  States  v  Repentigny,  5  Wall.  211. 
Maiiuire  v.  Tyler,  8  Wall.  ti50. 
Conuoyer  v.  Schaeffer,  22  Wall.  254. 
1  renier  ft  al.  v.  Stewart,  1 1  Of.o,  797. 
Hill  v.  Wright,  3  Mo.  243. 
Mackay  r.  Dillon,  7  Mo.  7. 
Hogan  v.  Page,  32  Mo.  68. 
Heyman  v  Reed,  13  Cal.  444. 
Secretary  Treasury,  instructions.  Sept.  26, 

1804,  2  L.  I.  &O.  665. 
Secretary  Treasury,  instructions,  July  2. 

1815,  2L.  I.  &  O.  667. 
Secretary  Treasury,   instructions,  May  5, 

1806,  2  L.  I.  &  O.  675. 
Secretaiy  Treasury,  instructions,  Aug.  16, 

1806,  2*L.  I.  &  O.  679. 
Secretary  Treasury,  instructions,  Sept.  8, 

Ic06,  2'L.  I.  &  O.  681. 
Secretary  Treasury,  instructions,  Xov.  14, 

1606,  2'L.  I.  «fcO.  662. 
Secretary  Interior,  tx  parte  Clark,  Jan.  5, 

1.-7 1.  Copp's  L.  L.  49-1. 
Secretaiy     Interior,     ex    parte    Malines, 

March  1.  1875,  2  Copp's  L.  O.  23. 
Com'r  G.  L.  O..  instructions,  July  14, 1812, 

2  L.  I.  &  O.  704. 
Coui'r  G.  L.  O.,  instructions,  Aug.  7,  1813, 

2L.  I.  &.O.  707. 
Com'r  G.  L.  O.,  instructions,  Aug.  13, 1823, 

2  L.  I.  &  O.  717. 


CITATION   OF   DECISIONS. 


xli 


PRIVATE  LAND  CLAIMS—  Continued. 
French  grants : 

Com'r  G.  L.  O.,  instructions,  Feb.  17,  1831, 

2  L.  I.  &  O.  744. 
Com'r  G.  L.  O.,  instructions,  Nov.  7, 1832, 

2  L.  I.  &  O.  749. 
Com'r  G.  L.  O.,  exparte  Duplessis,  Jan.  11, 

1833,  2  L.  I.  &  O.  752. 
Com'r    G.  L.  ().,   circular,   Oct.  25,   1860, 

Copp's  L.  L.  5-23. 
Com'r  G.   L.  O.,  circular,   July   18,  1872, 

Copp's  L.  L.  525. 
Com'r  G.  L.  O.,  ex  parte  Malines,  June  23, 

1874  2  Copp's  L.  O.  21. 
Houmas  grant : 

Moiehouse  v.  Pbelps,  21  How.  294. 
Easton  v.  Salisbury,  2  L  How.  426. 
Maguire  v.  Tyler,  8  Wall.  650. 
Dent  v.  Emtneger,  14  Wall.  308. 
United  States  v.  Enright,  1  Hoffman,  L.  Gas. 

2.)9. 

Grisar  v.  McDowell,  4  Saw.  C.  C.  579. 
Joseph  v.  United  States,  1  N.  &  H.  197. 
De  la  lloussayo  v.  Sauuders,  4  La.  443. 
Thomas  v.  Tiirnley,  'A  1Mb.  (La.)  206. 
Broussard  v.  Gonsaulire,  12  Rob.  1. 
Lafayette  v.  Blanc,  J  La.  Ann.  59. 
Pontalba  v.  Copeland,  3  La.  Ann.  86. 
Riddle  v.  Ratiff.  8  La.  Ann.  106. 
Eslava  v.  Farmer's  heirs,  7  Ala.  543. 
Hall  et  al.  v.  Doe  ex  dem.  Root,  19  Ala.  378. 
Burgess  v.  Gray,  15  Mo.  220. 
Reynolds  v.  West,  1  Cal.  3-J2. 
Estrado  v.  Murphy,  19  Cal.  248. 
DeArguella  v.  Greer,  26  Cal.  616. 
2  Op.  Att.  Gen.  207. 
Com'r  G.  L.  O..  instructions,  Feb.  17,  1829, 

2  L.  I.  &  O.  892. 
Com'r  G.  L.  O.,  instructions,  June  22,  1877, 

4  Copp's  L.  O.  70. 
Incomplete  or  inchoate  title: 

Delassus  v.  United  States,  9  Pet.  117. 
Chouteau's  heirs  v.  United  States,  9  Pet.  137. 
Mitchell  v.  United  States,  9  Pet.  711. 
Soulard's  heirs  v.  United  States,  10  Pet.  100. 
Pollard's  lessee  v.  Files,  2  How.  591. 
Hickey'n  lessee  v.  Stewart.  3  How.  750. 
United  States  v.  King,  3  How.  773. 
Les  Bois  v.  Bramell,  4  How.  449. 
Menard's  heirs  v.  Massey,  8  How.  293. 
United  States  v.  Reynes]  1)  How.  127. 
Landes  v.  Brant,  10  How.  338. 
United  States  v.  Philadelp'  ia,  11  How.  609. 
United  States  v.  Simon,  12  How.  433. 
United  States  v.  Castant,  12  How.  437. 
United  States  v.  Hughes,  13  How.  1. 
United  States  v.  Pilleriu,  13  How.  9. 
United  States  v.  McCullagh,  13  How.  216. 
United  States  v.  D'Auterieve,  15  How.  14. 
United  States  v.  Roselius,  15  How.  31, 36. 
United  States  v.  Ducros,  15  How.  38. 
Delauriere  v.  Einison,  15  How.  525. 
Burgess  v.  Gray,  16  How.  48. 
McCabe  v.  Worthington,  16  How.  86. 
United  States  v.  Fremont,  17  How.  542. 
Ledoux  v.  Black,  la  How.  473. 
Cousin  v.  Blanc's  ex'r,  19  How.  202. 
Indian  titles  in  the  Spanish  colonies  : 
Reboul  v.  Nero,  5  Martin  (La.)  490. 
Martin  v.  Johnson,  5  Martin  (La.)  655. 
Rillieux  v.  Stingletay,  17  La.  88. 
Sunol  v.  Hepburn,  1  Cal.  234. 
Hicks  v.  Coleman,  25  Cal.  122. 
Juridical  poaae^ion  : 

Waterman  v.  Smith,  13  Cal.  373. 

Estrada  v.  Murphy,  19  Cal.  248. 

DeArguello  v.  Greer,  26  Cal.  616. 

Steinbach  v.  Moore,  30  Cal.  498. 

Reed  v.  Ybarra,  50  Cal.  465. 

Secretary  Interior,  Raucho  Corte  Madera, 

Jan.  6, 1852,  Copp's  L.  L.  533. 
Secretary  Interior,  Rancho  lluasna,  Oct. 

24. 1878. 

Secretary  Interior,  Rancho  Las  Yirgines, 

Julyli,  1878. 
Com'r  G.  L.  O.,  Rancho  Hnasna,  Sept.  29, 

1877. 
Com'r  G.  L.  O..  Preston  Beck  claim,  Aug. 

14. 1879. 


PRIVATE  LAND  CLAIMS—  Continued. 
Maiiion  Rouge  claim : 

United  States  v.  King,  7  How.  833. 
United  States  v.  Coxe,  17  How.  41. 
Copely  v.  Diukgrave,  27  La.  Ann.  601. 
8  Op.  Att.  Gen."  16. 
Secretary  Interior,  Faust  &  Rust,  May  11, 

1859,  t  Lester,  455. 
Mexica-n  gran's : 

Cervantes  v.  United  States,  16  How.  619. 
United  States  v.  Ritchie,  17  How.  525. 
Fremont  v.  United  States,  17  How.  542. 
United  States  v.  Reading,  18  How.  1. 
Arguello  v.  United  States,  18  How.  539. 
United  States  v.  Cervantes.  18  How.  553. 
United  States  v.  Vaca,  18  How.  556. 
United  States  v.  Larkin,  18  How.  557. 
Field  v.  Seabury,  19  How.  323. 
United  States  v.  Peralta,  19  How.  343. 
United  States  v.  Sutherland,  19  How.  363. 
Umted  States  v.  Cambuaton,  20  How.  59. 
Spenser  v.  Lapsley,  20  How.  264. 
United  States  v.  Fossat,  2  )  How.  413. 
United  States  v.  Sutter,  21  How.  170. 
United  States  v.  Nye,  21  How.  408. 
United  States  v.  Bassett  21  How.  412. 
United  States  v.  Fossat,  21  How.  445. 
United  States  v.  Galbraith,  22  How.  89. 
United  States  v.  Gonzales,  22  How.  161. 
United  States  v.  Pacheco,  22  How.  225. 
United  States  v.  Garcia,  22  How.  274. 
United  States  v.  Hartnell's  ex'r,  22  How. 

286. 
United  States  v.  De  Haro's  heirs,  22  How. 

293. 

United  States  v.  West,  22  How.  315. 
Bert  hold  v.  McDonald,  2<>  How.  334. 
United  States  v.  Teschmaker,  22  How.  293 
United  States  v.  Pico,  22  Hoxv.  406. 
United  States  v.  Vallejo,  2J  How.  416. 
Dalton  v.  United  States,  22  How.  436. 
Fuentes  v.  United  States,  22  How.  443. 
United  Sta  es  v.  White,  23  How.  249. 
United  States  v.  Bennitz,  23  How.  255. 
United  States  v.  Rose,  23  How.  262. 
United  States  v.  Osio,  2 1  How.  273. 
United  States  v.  Noe  23  How.  312. 
United  States  v.  Alviso,  23  How.  318. 
United  States  v.  Pico,  23  How.  321. 
United  States  v.  Gomez,  2:5  How.  326. 
United  States  v.  Bolton.  23  How.  341. 
Castro  v.  Hendricks,  23  How.  438. 
United  States  v.  Castillero,  23  How.  464. 
United  States  v.  Murphy,  23  How.  476. 
Callan  et  al.  v  Statham  et  al.,  23  How. 

477. 

Yontz  v.  United  States,  23  How.  495. 
United  States  v.  Berreyesa.  23  How.  499. 
Luco  v.  United  States,  23  How.  515. 
Palmer  et  al.  v.  United  States,  24  How.  125. 
United  States  #.  Ghana  et  al.,  24  How.  131. 
League  v.  Egery,  et  al.,  24  How.  264. 
Foote  v.  Egery  'et  al.,  21  How.  207. 
Greer  et  al.  v.  Mezes,  21  How.  268. 
United  States  v.  Castro  et  al..  24  How.  346. 
United  States  v.  Housley.  1  Black,  35. 
United  States  v.  Knight  s  adin'r,  1  Black, 

227. 

United  States  v.  Wilson.  1  Black,  267. 
United  States  v.  Neleigh,  1  Black,  298. 
United  States  v.  Covilland.  1  Black,  339. 
Singleton  v.  Touchard.  1  Black,  342. 
United  States  v.  Vallejo,  1  Black,  283.541. 
United  States  v.  Castillero,  2  Black,  17. 
United  States  x.  Galbraith,  2  Black.  394 
United  States  v.  Chaboya,  2  Black,  593. 
United  States  v.  Grimes,  2  Black,  610. 
United  States  v.  Sepulveda,  1  Wall.  104. 
Malarin  v.  United  States,  1  Wall.  242. 
United  States  v.  D'Aeuirre,  1  Wall.  311. 
United  States  v.  Johnson,  I  Wall.  326. 
United  States  v.  Auguisola,  I  Wall.  352. 
United  States  v.  Moreno,  1  Wall.  400. 
United  States  v.  Yorba,  1  Wall.  412. 
United  States  v.  Halleck  et  al..  1  Wall.  439. 
Rodrigues  v.  United  States,  1  Wall.  582. 
United  States  v.  Vnllojo,  1  Wall.  658. 
White  v.  United  States.  1  Wall.  660. 
United  States  v.  Morillo,  1  Wall.  706. 


xlii 


CITATION   OF   DECISIONS. 


PRIVATE  LAND  CLAIMS—  Continued. 
Mexican  grants : 

United  States  r.  Estudillo,  1  Wall.  710. 
Romero  v.  United  States,  1  Wall.  7-21. 
United  States  t.  Workman,  1  WalL  745. 
United  States  v.  Carev  Jones,  J  Wall.  766. 
Pico  r.  United  Srate.s,'2  WalL  270. 
United  States  v.  Billing.  2  Wall.  444. 
The  Sutler  Case,  2  Wall.  56-2. 
United  States  v.  Pacheco,  2  Wall.  587. 
The  Fossat  Case.  2  Wall.  (j49. 
Castro  r.  United  States,  3  Wall.  46. 
Peralta  v.  United  States,  3  Wall.  434. 
Beard  v.  Federy,  3  Wall.  478. 
United  States  v.  Circuit  Judges,  3  WalL 

67.*. 

United  States  r.  Gomez,  3  Wall.  752. 
Dehon  v.  Be*nal  3  Wall.  774. 
Graham  r.  United  States,  4  Wall.  259. 
Townaebd  r.  Greeley.  r>  Wall.  3-26. 
United  States  r.  Anuijo,  5  Wall.  444. 
Serrano  v.  United  States.  5  Wall.  451. 
United  States  v.  Pico,  5  Wall.  536. 
De  Haro  v.  United  States,  5  Wall.  599. 
Higueras  r.  Unite-1  States,  5  Wall.  827. 
Grisar  v.  McDowell,  <J  Wall.  363. 
Stearns  v.  United  States,  0  Wall.  589. 
Roland  v.  United  States,  7  Wall.  743. 
Alviso  v.  United  States,  6  Wall.  337. 
Lynch  v.  Bernal,  9  Wall.  315. 
United  States  r.  Rocha.  9  Wall.  639. 
Hornsby  r.  United  States,  10  Wall.  224. 
Meader  r.  Norton,  11  Wall.  442. 
Steinbach  r.  Stewart,  11  Wall.  566. 
Alexander  r.  Roulet.  13  Wall.  38«. 
United  States  r.  Vigil,  13  Wall.  449. 
Carpentier  r.  Montgomery.  13  Wall.  480. 
Henshaw  v.  Bissell,  Id  Wall.  255. 
, Brown  r.  Brackett,21  Wall.  387. 
Williams  c.  United  States.  2  Otto,  457. 
Miller  et  al.  v.  Dale  et  al,  2  Otto,  473. 
Tameling  v.  U.  S.  F.  L.  <fc  E.  Co.,  3  Otto,  644. 
Van  Reynegan  r.  Bolton,  5  Otto,  33. 
Colorado  Co.  r.  Commissioners,  5  Otto,  259. 
Hosmer  r.  Wallace,  7  Otto,  575. 
United  States  v.  Throe kmorton,  8  Otto,  61. 
Trenier  et  al.  v.  Stewart  11  Otto,797. 
Hardy  v.  Harbin,  1  Saw.  C.  C.  194. 
United  States  v.  Pico,  1  Saw.  C.  C.  347. 
United  States  v.  Garcia,  1  Saw.  C.  C.  383. 
Bissell  r.  Henshaw,  1  Saw.  C.  C.  553. 
Montgomery  r.  Bevans,  1  Saw.  C.  C.  653. 
Walker  r.  Marks,  2  Saw.  C.  C.  152. 
Palmer  v.  Low,  2  Saw.  C.  C.  248. 
Le  Roy  v.  Clayton,  2  Saw.  C.  C.  493. 
Boyle  f.  Hinds,  2  Saw.  C.  C.  527. 
Dodge  v.  Perez,  2  Saw.  C.  C.  645. 
Le  Roy  v.  Carroll,  3  Saw.  C.  C.  66. 
Le  Roy  v.  Jamison,  3  Saw.  C.  C.  369. 
Mora  r.  Foster,  3  Saw.  C.  C.  469. 
United  States  r.  Flint,  4  Saw.  C.  C.  42. 
Hardy  v.  Harbin,  4  Saw.  C.  C.  536. 
United  States  v.  Hare,  4  Saw.  C.  C.  653. 
Ryan  v.  C.  P.  R.  R.  Co.,  5  Saw.  C.  C.  260. 
United  States  v.  Castro,  5  Saw.  C.  C.  625. 
Seabury  v.  Field,  1  McAllister,  C.  C.  1,  60. 
Freidman  v.  Goodwin,  1  McAllister,  C.  C. 

142. 
Tobin  v.  Watkins'  heirs,  1  McAllister,  C.  C. 

151. 

Den  v.  Hill.  1  McAllister,  C.  C.  480. 
United  States  v.  Cervantes,  1  Hoffman's 

Land  Cases,  9. 

United  States  v.  Reading,  1  Hoffman,  18. 
United  States  v.  Fremont.  1  Hoffman,  20. 
Teschemacher  c.  United  States,  1  Hoffman, 

28. 

Semple  v.  United  Sfates,  1  Hoffman,  37. 
Tount  i'.  United  States,  1  Hoffman,  43. 
United  States  v.  Laikin,  1  Hoffman,  41. 
United  States  r.  Yonut,  1  Hoffman,  49. 
United  States  v.  Bernal,  1  Hoffman,  50. 
Mesa  v.  United  States,  1  Hoffman,  06. 
United  States  r.  Soto.  1  Hoffman,  68. 
Feliz  r.  United  States,  1  Hoffman,  69. 
Unitt-d  States  r.  Greer.  1  Hoil'man,  72. 
itro  »•  United  States,  1  Hoffman.  72. 
United  States  v.  Stmol,  1  Hoffman,  74. 
United  States  v.  Reid,  1  Hoffman,  74. 


PRIVATE  LAXD  CLAIMS—  Continued. 
Mexican  grant* : 

United  States  r.  Larkin,  1  Hoffman,  75. 
United  States  r.  Amador,  1  Hoffman,  76. 
United  States  v.  Murphy,  1  Hoffman,  77. 
United  States  v.  Hon-ell,  1  Hoffman,  78 
United  States  v.  Pacheco.  1  Hoffman,  79. 
United  S;ates  v.  Page,  1  Hoffman,  80. 
United  States  r.  Murphy,  1  Hoffman,  81. 
United  States  r.  T  homes,  1  Hoffman,  82. 
United  States  r.  Rodriguez.  1  Hoffman,  82. 
United  States  v.  Thomea,  I  Hoffman,  <*3. 
United  States  v.  Wilson,  1  Hoffman,  64. 
Brackett  v.  United  States,  1  Hoffman.  85. 
United  States  v.   Cambnstou,  1  Hoffman, 

86. 

Dana  v.  United  States,  1  Hoffman,  87. 
United  States  v.  Peralta,  1  Hoffman,  89. 
United  States  v.  Cazares,  1  Hoffman,  90. 
United  States  v.  Bale,  1  Hoffman,  P2. 
United  States  v.  Guerrero,  1  Hoffman,  94. 
United  States  r.  Carrillo,  1  Hoffman,  96. 
United  States  r.  Palomares,  1  Hoffman.  97. 
De  Zaldo  v.  United  States,  1  Hoffman,  98. 
United  States  v.  Berreyesa,  1  Hoffman,  99. 
United  States  r.  Beraa'l,  1  Hoffman,  99. 
United  States  r.  Osio,  1  Hoffman,  100. 
United  States  v.  Cooper,  1  Hoffman,  101. 
United  States  r.  Moraga,  1  Hoffman,  103. 
Bennitz  r.  United  States.  1  Hoffman.  104. 
United  States  r.  Castro,  1  Hoffman,  105. 
Grimes'*.  United  States.  1  Hoffman,  107. 
United  States  v.  Boggs,  1  Hoffman,  109. 
United  States  r.  Snfiol,  1  Hoffman,  110. 
United  States  v.  Briones,  1  Hoffman,  111. 
United  States  v.  Bassett,  1  Hoffman,  112. 
United  States  r.  Pacheco,  1  Hoffman,  113. 
Pico  r.  United  States,  I  Hoffman,  116. 
United  States  v.  Leese,  1  Hoffman,  124. 
United  States  v.  Castro,  1  Hoffman,  125. 
United  States  v.  Weber,  1  Hoffman,  126. 
United  States  v.  Reid,  1  Hoffman,  129. 
Chabolla  v.  United  States,  1  Hoffman,  130. 
United  States  v.  Sanchez,  I  Hoffman.  133. 
United  States  r.  Ortega,  1  Hoffman,  135. 
United  States  v.  Grimes,  1  Hoffman,  137. 
United  States  v.  Payson,  1  Hoffman,  138. 
United  States  v.  Bernal.  1  Hoffman,  139. 
United  States  r.Pope,  1  Hoffman,  141. 
Pico  v.  United  States,  1  Hoffman,  142. 
Mar.  tin  r.  United  States,  1  Hoffman,  146. 
United  States  r.  Pacheco,  1  Hoffman,  150. 
United  States  v.  Murphy,  1  Hoffman,  154. 
United  States  r.  Ghana,  I  Hoffman,  155. 
United  States  v.  Stevenson,  1  Hoffman.  156. 
Garcia  v.  United  States,  1  Hoffman.  157. 
United  States  v.  Rico,  1  Hoffman,  161. 
United  States  v.  ]S"oe,  1  Hoffman,  162. 
United  States  v.  Rodriguez,    1  Hoffman. 

170. 

United  States  v.  Sheldon,  1  Hoffman,  171. 
United  States  r.  Pico.  1  Hoffman,  172. 
McKee  v.  United  States,  1  Hoffman,  173. 
Vallejo  v.  United  States,  1  Hoffman,  174. 
United  States  v.  Alvisu.  1  Hoffman.  176. 
United  States  r.  Soto,  1  Hoffman,  177. 
United  States  v.  Soto,  1  Hoffman,  182. 
United  States  r.  Pico,  1  Hoffman,  188. 
Xunez  r.  United  States.  1  Hoffman.  191. 
United  States  r.  Rose,  1  Hoffman,  197. 
United  States  v.  Estudillo,  1  Hoffman,  204. 
United  States  v.  Hartnell,  I  Hoffman,  ^07. 
United  States  v.  Fossat,  1  Hoffman,  211. 
Palmer  r.  United  States,  1  Hoffman,  216,  249. 
Romero  v.  United  States.  I  Hoffman,  219. 
Swat  v.  United  States.  1  Hoffman,  230. 
United  States  v.  Enright,  1  Hoffman,  239. 
United  States  r.  Arm>jo,  I  Hoffman,  248. 
Yturbido  v.  United  States,  1  Hoffman,  273. 
Pico  r.  United  States,  1  Hoffman,  279. 
United  States  r.  Bennett,  1  Hoffman,  2S1. 
United  St  ites  r.  Polack,  1  Hoffman,  284. 
Thurn  v.  United  States,  1  Hoffman,  298. 
Redman  v.  United  States,  1  Hoffman.  305. 
Larkin  r.  United  States,  1  Hoffman,  313. 
Little  v.  United  States,  1  Hoffman,  325. 
United  States  v.  Fossat,  1  Hoffman,  373. 
United  States  v.   Limantour,  1  Hoffman, 

369. 


CITATION   OF   DECISIONS. 


xliii 


PRIVATE  LAND  CLAIMS—  Continued. 
Mexican  grants : 

Reynolds  v.  West,  1  Cal.  322. 

Vallejo  v.  Clarke,  3  Cal.  17. 

Vand'erslice  v.  Hawks,  3  Cal.  27. 

Clarkson  v.  Hawks.  3  Cal.  47. 

Gunii  v.  Bates,  6  Cal.  263. 

Neito  v.  Carpentier,  7  Cal.  528. 

Ferris  v.  Craber,  10  Cal.  589. 

Waterman  v.  Smith,  13  Cal.  373. 

Scott  v.  Ward,  13  Cal.  458. 

McGarvey  v.  Little,  15  Gal.  27.    • 

Seaward  v.  Malatte,  15  Cal.  304. 

Conevall  v.  Culver,  16  Cal.  424. 

Riley  v.  Heisch,  18  Cal.  198. 

Estrada  v.  Murphy,  19  Cal.  248. 

Lathrop  v.  Mills,  19  Cal.  514. 

Leese  v.  Clark,  20  Cal.  388. 

Clark  v.  Lockwood,  21  Cal.  220. 

Haltoii  v.  Schumaker,  21  Cal.  453. 

Pico  v.  Spence,  21  Cal.  504. 

Berreyesa  v.  Schultz,  21  Cal.  513. 

Mahoney  v.  Van  Winkle,  21  Cal.  552. 

City  of    Oakland  v.    Carpentier,   21    Cal. 

643. 

Carpentier  v.  Thurston,  24  Cal.  268. 
Thornton  v.  Mahoney,  -24  Cal.  569. 
Minturn  v.  Brower,  24  Cal.  644. 
Semple  v.  Hagar,  27  Cal.  163. 
Wilson  v.  Castro.  31  Cal.  421. 
Rich  v.  Maples,  33  Cal.  102. 
Mahoney  v.  Van  Winkle,  33  Cal.  448. 
Hood  v.  Hamilton,  33  Cal  698. 
Merrill  v.  Chapman,  34  Cal.  251. 
Merrill  v.  Chapman,  35  Cal.  85. 
Stevenson  v.  Bennett,  35  Cal.  424. 
Bernal  v.  Lynch,  36  Cal.  135. 
Piper  v.  True,  36  Cal.  606. 
Page  v.  Fowler,  37  Cal.  100. 
Moore  v.  Massini,  37  Cal.  432. 
Yates  v.  Smith,  38  Cal.  60. 
Banks  v.  Moreno,  39  Cal.  233. 
City  of  San  Jose  v.  Trimble,  41  Cal.  536. 
Sabichi  v.  Aguilar,  43  Cal.  285. 
Schmidt  v.  Giovauaii,  43  Cal.  617. 
Miller  v.  Dale,  44  Cal.  562. 
Mott  v.  Byes,  45  Cal.  379. 
Chipley  v.  Farris,  45  Cal.  527. 
City  of  San  Diego  v.  Allison,  46  Cal.  163. 
Hartley  v.  Brown,  46  Cal.  201. 
Wilkius  v.  McCue,  46  Cal  657. 
Cassidy  v.  Carr,  48  Cal.  339. 
McCauley  v.  Harvey,  43  Cal.  497. 
Umbargcir  v  Chaboya,  49  Cal.  525. 
Taylor  v.  Escaudor,'  50  Cal.  428. 
Heed  v.  Hartman,  50  Cal.  485. 
Hartley  v.  Brown,  5t  Cal.  465. 
McLaughlin  v.  Fowler,  52  Cal.  203. 
7  Op.  Att,  Gen.  491,  63f> ;  9  id.  108,  397 ;  12 

id.  116,  250;   13  id.  387;   14  id.  39,  74,  601, 

624;  June  13,1878. 
Secretary  Interior,  Ran  cho  Nova  to,  Jan.  13, 

1859,  1  Lester,  645. 
Secretary    Interior,    Rancho    Musalacon, 

Feb.  23,  1859,  1  Lester,  647. 
Secretary  Interior,  Rancho  Posolmi  et  al., 

April  27,  1859,  1  Lester,  649. 
Secretary  Interior,  Raucho  De  Tito,  July 

23,  1859,  1  Lester,  650. 
Secretary  Interior,  Rancho  Tularcitos,  July 

30,  1*59,  1  Lester,  652. 
Secretary  Interior,  Raucho  Pinole  et  al., 

Aug.  10,  1859,  I  Lester,  654. 
Secretary  Interior,  Rancho  Buelna,  Sept. 

1,  1859,  1  Lester,  657. 
Secretary  Interior,  Rauoho  Sespe,  July  31, 

1871,  Copp's  L.  L.  r,29. 
Secretary  Interior,  Rancho  Corte  Madera, 

Jan.  6,  1872,  Copp's  L.  L.  533. 
Secretary  Interior,  Rancho  San  Barnabe, 

Feb.  10,  Ib72,  Copp's  L.  L.  547. 
Secretary  Interior,  Rancho  Tajauta,  Fob. 

21.  1872,  Copp's  L.  L.  548. 
Secretary   Interior,    Rancho    Guadalupe, 

March  26,  Io73,  Copp's  L.  L.  558. 
Secretary  Interior,  Rancho  Lompoc,  July 

23, 18.3.  Copp's  L.  L.  559. 
Secretary    Interior,     Rancho    El    Cajon, 
..  March  15,  1872,  Copp's  L.  L.  559. 


PRIVATE  LAND  CLAIMS—  Continued. 
Mexican  grants : 

Secretary  Interior,  Goatlslaiid,  May  3, 1872, 

Copp's  L.  L.  563. 
Secretary  Interior, Rancho  Sausal  Redondo, 

Oct.  31,  1871,  Copp's  L.  L.  564. 
Secretary  Interior,  Rancho  Lagnna  de  la 

Merced,  Sept.  2, 1872,  Copp's  L.  L.  567. 
Secretary  Interior,  Raucho  La  Brea,  March 

21.1873,  Copp's  L.L.  507. 

Secietary  Interior,  Raucho  La  Carbonera, 
May  21,  1873,  Copp's  L.  L.  5^7. 

Secretary  Interior,  ex-Mission  San  Buena- 
ventura, June  18, 1874,  Copp's  L.  L.  573. 

Secretary  Interior,  Rancho  Las  Animas, 
June  29, 1874,  Copp's  L.  L,  577. 

Secretary  Interior,  Rancho  Alisal,  Oct.  8, 

1873,  Copp's  L.  L.  577. 

Secretary  Interior,  Rancho  Cuyamaca,  July 

15. 1874,  Copp's  L.  L.  589. 

Secretary  Interior,  Rancho  San  Miguelito, 

March  17, 1874,  Copp's  L.  L.  589. 
Secretary  Interior,  Rancho  Caslamayoml, 

July  13,  1874,  Copp's  L.  L.  589. 
Secretary  Interior,  Beaubien  &  Miranda, 

Dec.  3i,  1869,  Copp's  L.  L.  603. 
Secretary  Interior,  Beaubien  &  Miranda, 

July  27, 1«71,  Copp's  L.  L.  605. 
Secretary  Interior,  Los  Trigos,  Feb.  28, 

1874,  Copp's  L.  L.  607. 

Secretary  Interior,  Los  Trigos,  Dec.  5, 1874, 

Copp's  L.  L.  611. 
Secretary  Interior,  Vigil  &  St.  Vrain,  Jan. 

23. 1875,  Copp's  L.  L.  611. 

Secretary  Interior,  Rancho  Corral  de  Tierra. 

June  1,  1875, 2  Copp's  L.  O.  53. 
Secretary  Interior,  Rancho  Los    Huecos, 

Feb.  4, 1876,  2  Copp's  L.  O.  182. 
Secretary  Interior,  Otriz  mine  grant,  April 

22,  1876,  3  Copp's  L.  O.  23. 
Secretary    Interior,   Rancho    Escorpinas, 

Aug.  17, 1876,  3  Copp's  L.  O.  90. 
Secretary  Interior,  Rancho  Piedra  Blanca, 

Aug.  8, 1876,  3  Copp's  L.  O.  98. 
Secretary  Interior,  La  Liebra,  3  Copp's  L. 

O.  133. 
Secretary  Interior,  Rancho  Cuyama  No.  1, 

Dec.  30, 1876,  3  Copp's  L.  O.  164. 
Secretary  Interior,  Beaubien  &  Miranda, 

March  16, 1877,  4  Copp's  L.  O.  4. 
Secretary  Interior,  Rancho  Caslamayomi, 

Oct.  9,  1877,  4  Copp's  L.  O.  144. 
Secretary  Interior,  Rancho  Laguna  Palos 

Colorados,   Aug.  9, 1878,   5  Copp's  L.  O. 

119. 
Secretary  Interior,  Rancho    Entre  Napa, 

May  17, 1879,  6  Copp's  L.  O.  36. 
Secretary  Interior,  Raucho  Cuyama  No.  2, 

Dec.  19, 1878,  6  Copp's  L.  O.  127. 
Com'r  G.  L.  O.,  Rancho  Guadalupe,  June 

12,  1872,  Copp's  L.L. 551. 
Com'r  G.  L.  O.,  Rancho  Niguel,  July  9, 1872, 

Copp's  L.  L.  564. 

Com'r  G.  L.  O.,  Rancho  Laguna  de  la  Mer- 
ced, May  3,  1872,  Copp's  L.  L.  567. 
Com'r  G.  L.  O.,  Mission  la  Purisima,  June 

16,  1873,  Copp's  L.  L.  557. 
Com'r  G.  L.  O.,  ex-Mission  San  Buenaven- 
tura, Aug.  1, 1873,  Copp's  L.  L.  568. 
Com'r  G.  L.  O.,  Rancho  Las  Auimas,  Oct. 

3,  1873,  Copp's  L.L.  574. 
Com'r  G.  L.  O.,  Rancbo  Cuyamaca,  Nov.  25, 

1873,  Copp's  L.  L.  577. 
Com'r  G.  L.  O.,  Rancho  Najalayegua,  Sept. 

18. 1874,  Copp's  L,  L.  590. 

Com'r  G.  L.  O.,  Rancho  Los  Huecos,  March 

20. 1875,  2  Copp's  L.  0. 12. 

Com'r  G.  L.  O.,  Ortiz  mine  grant,  June  19, 

1»75,  2  Copp'*  L.  O.  52. 
Com'r  G.  L.  O.,  Rancho  Corral  de  Tierra, 

June  529,  1875,  2  Copp's  L.  O.  85. 
Com'r  G.  L.  O.,  Rancho  Las  Virgines,  Nov. 

3,  ]  874,  2  Copp's  L.  O.  84. 
Com'r  G.  L.  O.,  Town  of  Chilili,  Feb.  12, 

1875,  2  Copp's  L.  O.  101. 

Com'r  G.  L.  O.,  Rancho  San  Juan  Cajon, 

&c.,  Sept.  18, 1875, 2  Copp's  L.  O.  119. 
Com'r  G.  L.  O.,  Rancbo  Escorpinas,  Sept. 
I  24, 1875,  2  Copp's  L.  O.  135. 


xliv 


CITATION    OF   DECISIONS. 


PRIVATE  LAXD  CLAIMS—  Continued. 
Mexican  grants: 

Cora'r  G.  L.  O.,  Rancho  Cnyama  Xo.  1,  Oct. 

28, 1875,  '2  Copp's  L.  O.  104. 
Com'rG.  L.  O.,  Rancho  Santa  Margarita 

y  La.s  Flores,  3  Copp's  L.  O.  133. 
Com'r  G.  L.  O.,   Ilancho  Posolmi,  3  Copp's 

L.  O.  133. 
Com'rG.  L.  O.,  Rancho  San  Antonio,  Jan. 

2J,  1877,  3  Copp's  L.  O.  1L!9. 
Convr  G.  L.  O.,  Pueblo  San  Francisco,  Xov. 

11,  1878,  5  Copp's  L.  O.  131. 
Com'r  G.  L.  O.,  Rancho  Cabeza  de  Santa 

Rosa,  Dec.  2,  1878,  5  Copp's  L.  O.  143. 
Com'r  G.  L.  O.,  Baca  claim  Xo.  4,  March  21, 

1679,  6  Copp's  L.  O.  127. 
Mission  lands: 

United  States  v.  Ritchie,  17  How.  525 
United  States  <:.  Cervantes,  18  How.  553. 
United  States  v.  Bolton.  23  How.  341. 
United  States  >:.  Wilson,  1  Wall  267. 
United  Sutes  v.  Workman,  1  Wall.  745. 
United  States  i:  Carey  Jones,  1  Wall.  766. 
Mora  v.  Foster,  3  Saw.  C.  C.  469. 
Larkiii  v.  United  States.  1  Hoffman,  L.  Gas. 

313. 

Brown  r.  O'Conner.  1  Cal.  419. 
Den  v.  Deu,  6  Cal.  81. 
Xobili  i-.  lie.  I  man,  6  Cal.  325. 
"Welch  r.  Sullivan,  8  Cal   164. 
Brown  v.  San  Fi  ancisco,  1C  Cal.  452. 
9  Op.  AtL  Gen  3.9;  14  id    1-2. 
Secretary  Interior,  ex  Mission  San  Buena- 
ventura, June  18,  1«74,  Copp's  L.  L.  573. 
Secretary  Interior.  Mission  St.  James,  May 

10,  Ie72,  Copp's  L.  L.  7."> .-. 
Secretary  Interior,  Mission  Santa  Rosa  v. 

Bisseli,  Dec.  3.  1873.       • 
Secretary  Interior,  Dalles  Mission  Station, 

March  15.  Ie75. 
Com'r  G.    L.    O..   Mission    la    Purisima, 

June  16,  1«73,  Copp's  L.  L.  567. 
Coni'r  G.  L  O.?  ex-^Ir*sion  San  Buenaven- 
tura. Aui_r.  1.  l-<3,  Copp's  L.  L.  568. 
Com'r  G.  L.  O..  Mission  Santa  Rosa  v.  Bis- 

sell,  Jan.  -27,  1«72. 
Patent  : 

City  of  Xew  Orleans  r.  De  Armas  et  al.,  9 

Pet.  223. 

Chouteau  c.  Eckhart,  2  How.  344. 
Menard's  heirs  --.  Mas-.-v.  *  How.  293. 
Laudes  v.  Brant,  10  How.  H4-. 
Ledoux  et  al.  v.  Black  et  al ,  18  How.  473. 
United  Stares  r.  Larkin.  18  How.  557. 
Spencer  v.  Lap>ley,  20  How.  204 
Easton  v.  Salisbury,  21  How.  426. 
Castro  v.  Hendricks,  23  How.  43-. 
Greer  et  al.  v.  Mezes.  2 1  How.  268. 
O'Brien  r.  Perry,  I  Black,  13-2. 
Gregg  v.  Tesson,  1  Black,  150. 
Mauwire  v.  Tyltr,  1  Black,  195. 
United  State* 9.  Covilland,  1  Black,  339. 
Dredge  r.  Forsyth',  2  Black,  ~>W. 
United  Stau-s  /-.  Grimes  -2  Black,  610. 
Hogan  r.  Pa^e.  -2  \Va  1.  605. 
Beard  jr.  Federy.  3  Wall.  478. 
Townsend  et  at.  r.  Greeley,  5  WalL  320. 
Reichart  r.  Felps,  6  Wall  160. 
White  r.  Cannon,  6  Wall.  443. 
Maguire  v.  Tyler,  8  Wall.  650. 
Secretary  v.  McGarrahan.  9  Wall.  298. 
Meader  v.  Xortou,  11  Wall  44-2. 
Gibson  v.  Chouteau,  13  Wall.  92. 
L-ujirdeau  V.  Hanes,  21  Wall.  5Jl. 
Miller  et  al.  r.  Dale  et  al ,  2  Otto,  473. 
Morrison  r.  Jackson,  2  Otto,  654. 
McGarrahan  >•.  Mining  Co.,  6  Otto,  316. 
Snyder  r.  Sickles.  8  Otto.  '203. 
Hardy  r.  Harbin,  1  Saw.  C.  C.  194. 
Bissell  v.  Henshaw,  I  Saw.  C.  C.  553. 
Boyle  v.  Binds,  2  Saw.  C.  C.  527. 
Dod«e  v.  Perez,  2  Saw.  C.  C.  645. 
L«-Roy  r.  Jamison,  3  Saw.  C.  C.  369. 
Hardy  v.  Harbin.  4  Saw.  C.  C.  536. 
Tripp  r.  Spring,  5  Saw.  C.  C.  209. 
Jackson  v.  Astor,  1  Pinney  (Wis.)  137. 
Waterman  c.  Smith,  13  Cal.  373. 
Scott  r.  Ward,  13  Cal.  458. 
Boggs  v.  Merced  Mining  Co.,  14  Cal.  279. 


PRIVATE  LAXD  CLAIMS- Continued. 
Patent : 

Yonnt  r.  Howell,  14  Cal.  465. 

Xatoma  Water  Co.  r.  Clark  in,  14  Cal.  543. 

Mott  v.  Smith.  16  Cal.  5  54. 

Moore  v.  Srnaw,  17  Cal.  199. 

Ely  r.  Frisbie,  17  Cal.  250. 

Teschmacher  v.  Thompson.  18  Cal.  11. 

Fremont  r.  Seals,  18  Cal.  433. 

Leese  r.  Clark,  18  Cal.  535. 

Touchard  r.  Crow,  20  Cal.  150. 

Leese  v.  Clark,  20  Cal.  388. 

Clark  p.  Lockwood,  21  Cal.  220. 

Kimball  v.  Semple,  25  Cal.  441. 

Semple  v.  Hagar,  27  Cal.  163. 

Hagar  r.  Lucas,  29  Cal.  309. 

Salmon  r.  Lymonds,  30  Cal.  301. 

Men-ill  v.  Chapman,  35  Cal.  85. 

Moore  r.  Massiui,  37  Cal.  43:7. 

Chipley  r.  Fan-is,  45  Cal.  527. 

McGarrahan  v.  The  Xew  Idria  Mg.  Co.,  49 

Cal.  331. 

Miller  i-.  Ellis,  5 1  Cal.  73. 
Hartley  v.  Brown,  51  Cal.  465. 
Cruz  f.  Martinez,  53  Cal.  239. 
1  Op.  Att.  Gen.  108;  id.  351,  653,  697;  7  id. 

4Ul,.fi3ti,6e<l;  9  u*.  108;  Is!  id.  116,230;  14 

id.  601,  6-24. 
Secretary  Interior,  Ortiz  mine  grant,  Sept. 

6,  1870. 
Secretary  Interior,  ex  parte  Clark,  Jan.  5, 

1871,  Copp's  L.  L.  494. 

Secretary  Intetior,  ex  parte  McGarrahan, 
Aug.  4,  1871,  Copp's  L.  L.  532. 

Secretary  Interior,  Pueblos,  Feb.  15,  1872, 
Copp's  L.  L.  547. 

Secretary  Interior,  Rancho  Guadalupe, 
June  12,  187-2,  Copp's  L.  L.  550. 

Secretary  Interior,   Goat  Island,  May  3, 

1872,  Copp's  L.  L.  563. 

Secretary  Interior,  Beaubien  &  Miranda, 

July  *7,  1871.  Copp's  L.  L  605. 
Secretary  Interior,    Rancho    Los    Trigos, 

Feb.  28,  1»74,  Copp'w  L.  L.  607. 
Secretary    Interior,    Rar.cuo    Los  Trigos, 

Dec.  5r  1*74,  Cupp's  L.  L.  611. 
Secretary  Interior,  ex  parte  Lynde,  Aug.  4, 

1875,  Copp's  L.  L.  "(96. 
Secretary  Interior,   Rancho  Entre  Xapa, 

May  17,  1879,  6  Copp's  L.  0. 315. 
Secretary  Interior,  RunchoCuyamaXo.  2, 

Dec  30',  1876. 
Secretary  Interior,  Rancho  Cuyatua  Xo.  2 

Dec.  19,  1878,  6  Copp's  L.  O.  i-^7. 
Com'r  G.  L.  O.,  Raucho  Ballona,  Jan.  3, 

1874. 
Com'r  G.  L.  O.,  Missouri,  Aug.  26,  1874,  1 

Copp's  L.  O.  102. 
Com'r  G.  L.  O.,  Baca  Claim  Xo.  4,  March 

21,  1879,  6  Copp's  L.  O.  18. 
Perfect  or  complete  t.tle: 

Strother  v.  Lucas.  12  Pet,  410. 
United  States  v.  Wiggins,  14  Pet.  334. 
United  States  v.  Re>  ues,  9  How.  127. 
Landes  v.  Brant,  10  How.  348. 
Robinson  v.  Minor,  10  How.  627. 
United  States  v.  Roselius.  15  How.  36. 
United  States  v.  Ducros,  15  How.  38. 
White  v.  Wells,  5  M-trtin  (La.)  652. 
Fay  v.  CBambers,  4  La.  Ann.  481. 
Fowler  v.  Duval,  11  La.  Ann.  561. 
Kixon  v.  Hamilton,  20  La.  Ann.  515. 
Hallett  et  al.  v.  Doe  ex  dem.  Hunt,  7  Ala. 

882. 
Masiee  v.  Doe,  ex  dcm.  Hallett  et  al,  22  Ala. 

699. 

Minturn  v.  Brower,  24  Cal.  644. 
Banks  v.  Moreno,  30  Cal.  233. 
Cassidy  r.  Carr,  48  Cal.  339. 
Pueblos  : 

Townsend  v.  Greeley,  5  Wall.  326. 
Serrano  r.  United  States,  5  Wall.  451. 
Grisar?;.  McDowell,  6  Wall.  363. 
Lynch  c.  Berual,  9  Wall.  315. 
Merryman  v.  Botrrne,  9  Wall.  592. 
Alexander  r.  Ron  let,  13  Wall,  386. 
Palmer  v.  Low,  8  Otto,  1. 
City  of  Brownsville  r.   Cavazos  et  al.   10 

Otto,  138. 


CITATION   OF   DECISIONS. 


xlv 


IIVATE  LAND  CLAIMS—  Continued. 
Pueblos  : 

Montgomery  v.  Bevans,  1  Saw.  C.  C.  653. 
United  States  v.  Carr,  3  Saw.  C.  C.  477. 
City  of  b'au  Francisco  v.  United  States,  4 

Saw.  C.  C.  553. 

Grisar  v.  McDowell,  4  Saw.  C.  C.  597. 
United  States  v.  Hare,  4  Saw.  C.  C.  653. 
Tripp  v.  Spring,  5  Saw.  C.  C.  209. 
Cohas  v.  Raisin,  3  Cal.  443. 
Welch  v.  Sullivan,  8  Cal.  164, 
Hart  v.  Burnett,  15  Cal.  520. 
Paine  v.  Treadwell,  16  Cal.  221. 
Brown  v.  San  Francisco,  16  Cal.  452. 
Leese  v.  Clark,  18  Cal.  535. 
Fulton  v.  llanlon,  20  Cal.  450. 
Donner  v.  Smith,  24  Cal.  114. 
Brahan  v.  Mayor,  &c.,  24  Cal.  585. 
Fuller  v.  Ferguson,  26  Cal.  546. 
Eedding  v.  White,  27  Cal.  282. 
Beach  v.  Gabriel,  2<J  Cal.  560. 
Steinbach  v.  Moore,  30  Cal.  498. 
Merle  v.  Dixey,  31  Cal.  131. 
Vassault  v.  Seitz,  30  Cal.  226. 
Donner  v.  Palmer,  1:0  Cal.  501. 
Stevenson  v.  Bennett,  35  Cal.  424. 
Bernal  v.  Lynch,  3o  Cal.  135. 
City  of  San  Jose  v.  Uiidias,  37 Cal.  339. 
Lick  v.  Diaz.  37  Cal.  437. 
Spencer  v.  Winselman,  42  Cal.  479. 
Dupond  v.  Barstow,  45  Cal.  446. 
McManus  v.  O'Sullivau,  48  Cal.  7. 
Cantield  v.  Thompson,  49  Cal.  210. 
Urnbarger  v.  Chaboya,  49  Cal.  5^5. 
Thompson  v.  Spencer,  50  Cal.  532. 
Morris  v.  DeCelis,  51  Cal.  55. 
Secretary  Interior,  instructions,  Feb.  15, 

1672,  Copp's  L.  L.  547. 
Com'r  G.  L.  O.,  Town  of  Chilili,  Feb.  12, 

1875,  2  Copp's  L.  O.  101. 
Com'r  G.  L.  O.,    Pueblo  San  Francisco, 

Nov.  11,  1878,  5  Copp's  L.  O.  131. 
Com'r  G.  L.  O.,  Pueblo  San  Christobal, 

July  14,  1879,  6  Copp's  L.  O.  78. 
Rio  Hondo  claims : 

Com'r  G.  L.  O.,  instructions,  Sept.  9,  1828. 
Com'r  G.  L.   O..   instructions,  March  23, 

1837,  2  L.  I.  &  O.  762. 
Com'r  G.  L.  O.,  Oct.  7,  1839. 
Com'r  G.  L.  O.,  March  4,  1842. 
Com'r  G.  L.  O.,  April  15,  1851. 
Com'r  G.  L.  O.,  July  7,  1851. 
Com'r  G.  L.  O.,  Oct.  28,  1851. 
Com  r  G.  L.  O.,  July  2!>,  1873. 
Settlement  claims  under  Spanish  and  Mexican 

authority  : 

King  v.  Martin,  5  Martin  (La.)  197. 
Carmichael  v.  Briber,  8  Martin  (La.)  727. 
Higgins  v.  McMicken,  1  La.  53. 
Le  Blanc  v.  Victor,  3  La.  44. 
Swift  v.  Williams,  3  La  234. 
De  La  Houssaye  v.  Saunders,  4  La.  443. 
Henton  v.  Pon'talla.  1  Rob.  (La.)  355. 
Kiddle  v.  Katiir,  8  La.  Ann.  106. 
Pepper  y.  Duulap,  9  La.  Ann.  137. 
Innerarity  v.  Heirs  of  Mims,  1  Ala.  660. 
Pollard's  heirs  v.  Files,  3  Ala.  47. 
Doe  ex  dern.  Kennedy's  heirs  v.  Jones,  11 

Ala.  63. 

Mott  v.  Byns,  45  Cal.  379? 
Com'r    G.   L.    O.,  circular,  Oct.  25,   1860, 

Copp's  L.  L.  5:>3. 
Com'r  G.  L.  O.,  ex  parte.  Wedge,  July  14, 

1873.  Copp's  L.  L.  517. 
Spanish  grants  : 

Henderson  v.Poindexter'slessee,  12  Wheat. 

530. 

DelaCroixv.  Chamberlain,  12  Wheat.  599. 
Foster  &  Elam  v.  Neilson,  2  Pet.  253. 
United  States  v.  Arredondo,  6  Pet.  691. 
United  States  v.  P, :  rcheman,  7  Pet.  51. 
United  States  v.  Clarke,  8  Pet.  436. 
United  States  v.  llichard,  8  Pet.  470. 
United  States  v.  Huertas,  8  Pet.  475. 
United  States  v.  Gomez,  8  Pet.  477. 
United  States  v.  Fleming's  heirs,  8  Pet.  478. 
United  States  v.  Levi,  8  Pet.  479. 
United  States  v.  Younge,  8  Pet.  484. 
United  States  v.  Hernandez,  8  Pet.  485. 


PRIVATE  LAND  CLAIMS—  Continued. 
Spanish  grants  : 

United  States  v.  Huertas,  8  Pet.  488. 
United  States  v.  Fatio's  heirs,  8  Pet.  492. 
United  States  v.  Gibson,  8  Pet.  494. 
United  States  v.  Clarke,  9  Pet.  168. 
United  States  v.  Huertas,  9  Pet.  171. 
City  of  New  Orleans  v.  De  Armas  et  al.,  9 

Pet.  223. 

Mitchell  et  al.  v.  United  States,  9  Pet.  711. 
United  States  v.  Fernandez  et  al.,  10  Pet.  303. 
United  States  v.  Segui,  10  Pet,  306. 
United  States  v.  Chaires,  10  Pet,  308. 
United  States  v.  Seton,  10  Pet.  309. 
United  States  v.  Sibbald.  10  Pet,  313. 
Smith  v.  United  States,  10  Pet.  326. 
Wherry  et  al.  v.  United  States,  10  Pet.  338. 
United  States  v.  Mills'  heirs,  12  Pet.  215. 
United  States  v.  Kingsley,  12  Pet.  476. 
Garcia  v.  Lee,  12  Pet.  511. 
United  States  v.  Delespine's  heirs,  12  Pet. 

654. 

United  States  v.  Levy,  13  Pet.  81. 
United  States  v.  Dru'iumond,  13  Pet.  84. 
United  States  v  Burgevin,  13  Pet.  85. 
United  States  v.  Arredoudo's  heirs,  13  Pet. 

88. 
United  States  v.  Arredondo's  heirs,  13  Pet. 

133. 

Keene  v.  Whitaker,  14  Pet.  170. 
United  States  v.  Wiggins,  14  Pet.  334. 
Pollard's  heirs  v.  Kibbe,  14  Pet.  353. 
United  States  v.  Waterman's  heirs,  14  Pet. 

478. 

United  States  v.  Rodman,  15  Pet.  130. 
United  States  v.  Forbes,  15  Pet.  173. 
Buyck  v.  United  States,  15  Pet.  215. 
United  States  v.  Delespine's  heirs,  15  Pet. 

226. 

O'Harav.  United  States,  15  Pet.  275. 
United  States  v.  Delespine's  heirs,  .15  Pet. 

319. 

United  States  v.  Breward,  16  Pet,  143. 
United  States  v.  Miranda.  16  Pet.  153. 
United  States  v.  Low,  16  Pet.  162. 
United  States  v  Hanson,  16  Eet.  196. 
United  States  v.  Clarke's  heirs,  16  Pet.  228. 
United  States  v.  Acosta,  1  How.  21. 
Chouteau  v.  Eckhart,  2  How.  344. 
Pollard's  leswee  v.  Files,  2  How.  591. 
Pollard's  lessee  v.  Hagan,  3  How.  202. 
Pollard  v.  Hagan,  3  Bow.  212. 
United  States  v.  Marvin,  3  How.  620. 
Hickey's  lessee  v.  Stewart,  3  How.  750. 
United  States  v.  King.  3  How.  773. 
Les  Bois  v.  Bramell,  4  How.  449. 
United  States  v.  Lawtou,  5  How.  10 
Kennedy's  heirs  v.  Hunt's  lessee,  7  How. 

586. 

Menard's  heirs  v.  Massey,  8  How.  293. 
Bissell  v.  Pcnrose.  8  How.  317. 
United  States  v.  Re.ynes,  9  How.  127. 
La  Roche  v.  Jones,  9  How.  155. 
Davis  v.  Police  jury  of  Concordia,  9  How. 

280. 

Goodtitle  v.  Kibbe,  9  How.  471. 
Landes  v.  Brant,  10  How.  348. 
Villalobos  v.  United  States,  10  How.  541. 
Robinson  v.  Minor,  10  How.  627. 
United  States  v.  Boisdore,  11  How.  63. 
Blanc  v.  Lafayette,  11  How.  104. 
Lecomptev.  United  States,  11  How.  11?. 
United  States  v.  Power's  heirs,  11  How.  570. 
United  States  v.  Philadelphia,  11  How.  609. 
United  States  v.  Turner,  11  How.  663. 
United  States  v.  Moore,  12  How.  209. 
United  States  v.  Simon,  12  How.  433. 
United  States  v.  Le  Blanc,  12  How.  435. 
United  States  v.  Castant,  12  How.  437. 
United  States  v.  Hughes,  13  How.  1. 
Glenn  v.  United  Stntes,  13  How.  250. 
De  Vilemont's  heirs  v.  United  States,  13 

How.  21)1. 
United  States  v.  Heirs  of  Rillieux,  14  How. 

189. 

United  States  v.  Gusman,  14  How.  193. 
Marsh  v.  Brooks,  14  How.  514. 
United    States   v.    Davenport's  heirs,    15 

How.  1. 


xlvi 


CITATION   OF   DECISIONS. 


PRIVATE  LAXD  CLAIMS—  Continued. 
Spanish  grants  : 

United  States  v.  Patterson,  15  How.  10. 
United  States  v.  Roselius,  15  How.  31. 
United  States  v.  Ducros,  15  How.  38. 
Delauriere  v.  Emison,  15  How.  5:25. 
McCabe  v.  Worthington,  16  How.  86. 
Chouteau  v.  Molonv,  16  How.  203. 
Doe  v.  Braden,  16  How.  635. 
Ham  v.  Missouri,  18  How.  126. 
Stanford  r.  Taylor,  1«  How.  409. 
Ledoux  et  al.  v.  Black  et  al.,  18  How.  473. 
"Willot  et  al.  v.  Sand  ford,  19  How.  "59. 
Cousin  v.  Blanc,  19  How.  202. 
United  States  v.  Peralta,  19  How.  343. 
United  States  v.  Sutherland,  19  How.  363. 
Easton  r.  Salisbury,  21  How.  426. 
Berthold  v.  McDonald  et  al.  22  How.  334. 
Massey  et  al.  v.  Papin,  24  How.  362. 
O'Brien  v.  Perry,  1  Black,  132. 
Magwire  v.  Tyler,  1  Black,  195. 
United  States  v.  Aujruisola.  1  Wall.  352. 
Beard  v.  Federy,  3  Wall.  478. 
Lanfear  r.  IJunley,  4  Wall.  204. 
Higueras  v.  United  States,  5  Wall.  827. 
"Whiter.  Cannon,  6  Wall.  -443. 
Maguire  r.  Tyler,  8  Wall.  650. 
United  States  v.  Lynde,  1 1  Wall.  632. 
United  States  v.  Innerarity,  19  Wall.  595. 
Morrison  et  al.  r.  Jackson,  2  Otto,  654. 
Kyan  ct  at  v.  Carter  et  al.,  3  Otto,  78. 
McMicken  r.  United  States,  7  Otto.  204. 
United  States  v.  Watkins.  7  Otto,  219. 
Snyder  r.  Sickles,  8  Otto,  203. 
Sciill  r.  United  States,  8  Otto,  410. 
United  States  v.  Baltimore,  8  Otto,  424. 
Glenn  v.  United  States,  1  Hemp.  C.  C.  385. 
Villemont  r.  United  States.  1  Hemp.  C.  C. 

389. 
Mayor,  &c..  Xew  Orleans  v.  Metzinger,  3 

Martin  (La.)  296. 

Consonliu  i\  Brahear,  5  Martin  (La.)  33. 
White  r.  Wells,  5  Martin  (La.)  652. 
"Loatner  r.  Yantness,  8  Mai-tin  (La.)  644. 
Palfrey  r.  Martin,  3  La.  4<\ 
La  Blanc  v.  Victor,  3  La.  44. 
De  La  Honssaye  v.  Saunders,  4  La.  443. 
De  Armas  v.  Mayor  of  Isew  Orleans,  5  La. 

132. 

Rnbas  v.  Bennett,  5  La.  271. 
Landry  r.  Martin,  15  La.  1. 
Murdock  r.  Gurley,  5  Hob.  (La.)  458. 
Choppin  v.  Michel,  11  Kob.  (La.)  233. 
Lafayette  r.  Blanc,  3  La.  Ann.  59. 
Purvis  r.  Harmanson,  4  La.  Ann.  421. 
Innerarity  r.  Byrne,  8  Port.  (Ala.)  176. 
City  of  Mobile  r.  Eslava.  9  Port.  (Ala.)  577. 
Eslava's  heirs  r.   Bollivy  et  al.,  22    Ala. 

721.  » 

Tapley  r.  Labeamn,  1  Mo.  550. 
Wadcungbm  v.  Gamble,  4  Mo.  465. 
Wright  r.  Thomas.  4  Mo.  597. 
Ashley  v.  Cramer,  7  Mo.  98. 
Harvey  r.  Rusch,  07  Mo.  551. 
1  Op.  Att.  Gen.  108,  463;  2id.  101;  3rd.  351. 
Secretary  Treasury,  instructions,  July  27, 

1803,  2'L.  I.  &  O.  655, 
Secietary  Treasury,  instructions,  MarchSO, 

1805,  2 'L.I.  &O.666. 
Secret  ary  Treasury,  instructions,   July  2, 

1805,  2 'L.I.  &O.667. 
Secretary  Treasury,   instructions,  Nov.  5, 

1805/2L.L&O.671. 
Secretary  Treasury,  instructions,  March  25, 

lfc06,2'L.I.  &O.U72. 
Secretary  Treasury,  instructions,  Sept.  8, 

lt-06, 2  L.  I.  &  O.  681. 
Secretary  Interior,  ex  parte  Clark,  Jan.  5, 

1871,  Copp'a  L.  L.  494. 
Secretary  Interior,  ex  parte  Lynde,  Aug.  4, 

1875,  Copp's  L.  L.  79o. 
Secretary  Interior,  ex  parte  Hardee,  April 

8, 1878, 5  Copp's  L.0. 103. 
Secretary  Interior,   ex  parte  Sherman,   6 

Copp's' L.  O.  1-28. 
Com'r  G.  L.  O.,  instructions,  Feb.  17, 1831, 2 

L.  I.  <fc  O  744. 
Com'r  G.  L.  O.,  circular,  August  26,  1872, 

Copp's  L.  L.  513. 


PRIVATE  LAND  CLAIMS-Contfnwerf. 
Spanish  grant*  : 

Com'r  G.  L.  O.,  ex  parte  Dncros,  April  12, 

lr-73,  Copp's  L.  L.  527. 
Com'r  G.  L.  O.,  circular,  Oct.  18, 1874,  Copp's 

L.  L.  797. 
Cum'r  G.  L.  O  ,  instructions,  Aug.  7, 1874, 

1  Copp's  L.  0. 92. 
Com'r  G.  L.  O..  circular,  Sept,  15,  1875,  2 

Copp's  L.  0. 102. 
Com'r  G.  L.  O.,  circular,  Feb.  13,  1879,  5 

Copp's  L.  0. 181. 
Survey : 

De  la  Croix  v.  Chamberlain,  12  Wheat.  599. 
United  States  v.  Clarke,  8  Pet.  436. 
United  States  v.  Levi,  8  i'et.  479. 
United  States  v.  Uuertas,  8  Pet.  483. 
Delassus  v.  United  States,  9  Pet.  117. 
Chouteau's  heirs  v.  United  States,  9  Pet.  137. 
United  States  v.  Huertas,  9  Pet.  171. 
United  States  v.  Seguin,  10  Pet.  306. 
United  States  v.  Seton,  10  Pet.  309. 
United  States  v.  Sibbald,  10  Pet.  313. 
Smith  v.  United  States,  10  Pet.  326. 
United  States  v.  Levy,  13  Pet.  tfl. 
United  States  v.  Arredondo's  heirs,  13  Pet. 

133. 

O'Hara  v.  United  States,  13  Pet.  275. 
United  States  v.  Forbes,  15  Pet.  173. 
United  Statv  s  v.  Breward,  16  Pet  143. 
United  States  v.  Miranda.  16  Pet.  153. 
United  States  v.  Low,  16  Pet.  162. 
United  States  v.  Hanson,  16  Pet.  1H6. 
United  States  v.  Clarke's  heirs,  16  Pet.  228. 
United  States  v.  Acosta,  1  How.  24. 
United  States  r.  Covilland,  1  How.  339. 
United  States  r.  Lawton,  5  How.  10. 
Menard's  heirs  v.  Massey,  8  How.  293. 
Bissell  v.  Penrose,  8  How.  317. 
Villalobos  v.  United  States,  10  How.  540. 
United  States  v.  Boisdor6, 11  How.  63. 
United  States  v.  Simon,  12  How.  433. 
"West  v.  Cochran,  17  How.  403. 
Fremont  r.  United  States,  17  How.  542. 
Kissell  v.  St.  Louis  Public  Schools,  18  How. 

19. 

Stanford  v.  Taylor,  18  How.  409. 
Ledoux  et  al.  v.  Black  et  al,  18  How.  473. 
Cousin  v.  Blanc,  19  How.  202. 
Spencer  r.  Lapsley,  20  How.  264. 
United  States  t>.  Fossat,  20  How.  413. 
United  States  v.  Fossat,  21  How.  445. 
Castro  v.  Hendricks,  23  How.  438. 
Ballance  v.  Forsyth  tt  al.,  24  How.  183. 
Greer  et  al.  v.  Mezes,  24  How.  268. 
Carondelet  v.  St.  Louis,  1  Black,  179. 
Magwire  v.  Tyler,  1  Black,  195. 
United  States  v.  Sepulveda,  1  Wall.  104. 
United  States  v.  Hal  leek  et  al,  1  Wall.  439. 
Rodrigues  v.  United  States,  1  Wall.  582. 
United  States  r.  Vallejo,  I  Wall.  658. 
United  States  v.  Estudillo,  1  Wall.  710. 
United  States  r.  Billing,  2  Wall.  444. 
The  Sntter  Case,  2  Wall.  562. 
United  States  v.  Pacheco,  2  Wall.  587. 
United  States  v.  Fossat,  2  Wall.  649. 
Dehon  v.  Bernal,  3  Wall.  774. 
Graham  v.  United  States,  4  Wall.  259. 
United  States  v.  Armijo,  5  Wall.  444. 
Higueras  %».  United  States,  5  Wall.  KJ7. 
Alviso  v.  United  States,  8  Wall.  337. 
Maguire <v.  Tyler,  8  Wall.  650. 
Carpentier  v.  Montgomery,  13  Wall.  480. 
Henshaw  v.  Bissell,  18  Wall.  ^55. 
Shepley  et  al.  v.  Cowan  et  al,  1  Otto,  330. 
Miller  "et  al  v.  Dale  et  al,  2  Otto,  473. 
Van  Reynegan  v.  Bolton,  5  Otto.  33. 
Colorado  Co.  v.  Commissioners,  5  Otto,  259. 
Hosmer  r.  Wallace,  7  Otto,  575. 
United  States  v.  Throckmorton,  8  Otto,  61. 
United  States  v.  Fremont,  1  Hoffman,  L. 

Cas.  20. 
Villemont  v.  United  States,  1  Hemp.  C.  C. 

389. 

Bissell  v.  Henshaw,  1  Saw.  C.  C.  553. 
Boyer  r.  Hinds,  2  Saw.  C.  C.  5-^7. 
Dodge  v.  Perez,  2  Saw.  C.  C.  645. 
Leroy  v.  Jamison.  3  Saw.  C.  C.  369. 
United  States  v.  Flint,  4  Saw.  C.  C.  42. 


CITATION   OF   DECISIONS. 


xlvii 


PBIVATE  LAND  CLAIMS—  Continued. 
Survey  : 

United  States  v.  Castro,  5  Saw.  C.  C.  625. 
Meaux  v.  Breaux,  10  Martin  (La.)  364. 
Holsteiu  v.  Uendersou,  12  Martiu  (La.)  319. 
Henderson  v.  St.  Charles  Church,  7  Martin 

(La.)  117. 

Gayosos  v.  Baldwin,  8  Martin  (La.)  658. 
Baker  v.  Thomas,  4  La.  414. 
Lott  v.  Prudhonime,  3  Bob.  (La.)  293. 
Hehert  v.  Woods,  12  La.  Ann.  211. 
Arceneaux  v.  Beuoit,  21  La.  Ann.  673. 
Magee  v.  Doe  ex  dem.  Hallett  et  al.,  22  Ala. 

699. 

Ott  v.  Soulard,  9  Mo.  581. 
McGill  v.  Somers,  15  Mo.  80. 
Sheltou  v.  Maupiu,  16  Mo.  124. 
Maguire  v.  Tyler,  25  Mo.  484. 
Maguire  v.  Tyler,  30  Mo.  2.02. 
Smith  v.  Mau'ifcon,  67  Mo.  694. 
Bosev.Davis.il  Oal.  133. 
Waterman  v.  Smith,  13  Cal  373. 
Scott  v.  Ward,  14  Cal.  279. 
Mott  v.  Smith,  16  Cal.  534. 
Biltsy  v.  Ik-rsch,  18  Cal.  198. 
Johnson  v.  Vau  Dvke,  20  Cal.  225. 
Mahoney  v.  Van  Winkle,  21  Cal.  552. 
Thorntoii  v.  Mahoney,  24  Cal.  569. 
McGarrahau  v.  Maxwell,  27  Cal.  75. 
Treadway  v.  Scruple,  28  Cal.  652. 
Seale  v.  Ford,  29  Cal.  104. 
Love  v.  Shartzer,  31  Cal.  489. 
Seniple  v.  Wright,  3J  Cal.  659. 
Rich  v.  Maples,  33  Cal.  102. 
Mahoney  v.  Van  Winkle,  33  Cal  448. 
Moirill  'v.  Chapman,  35  Cal.  85. 
Piper  v.  True,  36  Cal.  60C. 
More  v.  Massiui,  37  Cal.  432. 
Tales  v.  Smith,  38  Cal.  60. 
Shartzer  v.  Love,  40  Cal.  93. 
Semple  r.  Wall,  42  Cal.  619. 
Sabichi  v.  Aguilar,  43  Cal.  285. 
Miller  v.  Dale,  44  Cal.  562. 
Mott  v.  Byiia,  45  Cal.  379. 
Chipley  v.  Fan-is,  45  Cal.  527. 
City  of  San  Diego  v.  Allison,  46  Cal.  163. 
Cassidy  v.  Carr,  48  Cal.  339. 
Gallagher  v.  Biley,  49  Cal.  437. 
Morris  v.  De  Celis,  51  Cal.  55. 
1  Op.  Att,  Gen.  361;  9  id.  108,  397,  420;  12 

id.  116,  iioO ;  14  id.  74,  95,  601 ;  Nov.  5,  1875. 
Secretary  Treasury,  Feb.  9,  1809,  2  L.  I.  & 

O.  804 
Secretary  Treasury,  Feb.  18,  1837.  2  L.  I. 

&  O.  975. 
Secretary  Interior,  Baucho  Novato,  Jan. 

13,  1859,  1  Lester,  645. 
Secretary  Interior,  RanchoMusalacon,  Feb. 

23,  1859,  1  Lester,  647. 
Secretary  Interior,  Baucho  Borregas,  April 

27,  1859, 1  Lester,  649. 
•    Secretary  Interior,  Bancho  De  Tito,  July 

23,  1859, 1  Lester,  650. 
Secretary  Interior,  Bancho  Los  Tularcitos, 

July  30,  1859,  1  Lester,  652. 
Secretary  Interior,  Baucho  Pinole  et  al., 

Aug.  10,  11-59,  1  Lester,  654. 
Secretary  Interior,  Bancho  Buelna,  Sept.  1, 

1859,  1  Lester,  657. 
Secretary  Interior,  ex  parte  Clark,  Jan.  5, 

1871,  Copp's  L.  L.  494. 
Secretary  Interior,  Bancho  Sespe,  July  31, 

1871,  Copp's  L.  L.  5-29. 

Secretary  Interior,  Bancho  Corte  Madera, 

Jan.  6,  1872,  Copp's  L.  L.  533. 
Secretary  Interior.  Baucho  San  Barnabe, 

Feb.  10,  1872,  Copp's  L.  L.  547. 
Secretary  Interior,  Baucho  Tajauta,  Fob. 

21,  1872,  Copp's  L.  L.  548. 
Secretary    Interior,    Baucho    Guadalupe, 

Juno  12,  1872,  Copp'.s  L.  L.  551. 
Secretary  Interior,  Bancho  Lompoc,  July 

23,  ltf,3,  Copp's  L.  L.  559. 
Secretary     Interior,    Bancho    El    Cajon, 

March  15,  1872,  Copp's  L.  L.  559. 
Secretary  Interior,   instructions,    July  3, 

1872,  Copp's  L.  L  563. 

Secretary  luterior,  Baucho  Sausal  Bedondo, 
Oct.  31,  1871,  Coup's  L.  L.  564. 


PBIVATE  LAND  CLAIMS-  Continued. 
Survey : 

Secretary  Interior,  ex-Mission,  San  Buena- 
ventura, July  I*,  Ib74,  Copp's  L.  L  573. 
Secretary  Interior,  Bancho  Las  Animas, 

Juno  29,  1874,  Copp's  L.  L.  577. 
Secretary  Interior,  Baucho  Alisal,  Oct.  18, 

1»73,  Copp's  L.  L.  577. 
Secretary  interior,  San  Miguelito,  March 

17,  1874,  Copp's  L.  L.  589. 

Secretary  Interior,  Bancho  Caslamayomi, 

July  13,  1874,  Copp's  L.  L.  589. 
Secretary    Interior,  instructions,  Feb.  17, 

1872,  Copp's  L.  L.  601. 

Secretary  Interior,  Beaubien   &  Miranda, 

Dec.  31,  1869,  Copp's  L.  L.  603. 
Secretary  luterior,  Beaubien   &  Miranda, 

July  27,  1871,  Copp's  L.  L.  605. 
Secretary  interior,  Eaton  et  al.,  Oct.  30, 

1»73,  Copp's  L.  L.  606. 
Secretary    Interior,    Bancho  Los  Trigos, 

Dec.  5, 1874,  Copp's  L.  L.  611. 
Secretary  Interior,  Bancho  Alisal,  Oct.  8, 

1873,  l  Copp's  L.  O.  J16. 

Secretary  Interior,  Ortiz  mine  grant,  April 

22,  Ia7t>,  3  Copp's  L.  O.  23. 
Secretary  Interior,  Bancho  Piedra  Blanca, 

Aug.  e,  1«76, 3  Copp's  L.  O.  98. 
Secretary  luterior,  Bancho  Cuyama  et  al., 

Dec.  'M,  1876,  3  Copp's  L.  O.  165. 
Secretary  Interior,  instructions,  March  16, 

1877,  4  Copp's  L.  O.  4. 
Secretary  Interior,  Bancho  Sausal  Bedondo, 

Aug.  i,  18"<7,  5  Copp's  L.  O.  5. 
Secretary  Interior,  Banctio  Laguna  Palos 

Colorados,  Aug.  9,  1878,  5  Copp's  L.  0. 

119. 
Secretary  Interior,  Pueblo  San  Francisco, 

Nov.  11,  la78,  5  Copp's  L.  O.  131. 
Secretary  Interior,    Bancho  Entre  Napa, 

May  17, 1»79,  6  Copp's  L.  O.  36. 
Secretary  Interior,  Baucho  Cuyama  No.  2, 

Dec.  19,  Ib78,  6  Copp  L.  O.  127. 
Secretary  Interior.  Preston  Beck,  Aug.  21, 

1880,  7  Copp's  L.  O.  109. 
Com'r  G.  L.  O.,  instructions,  Sept.  13, 1866, 

Zab.  L.  L.  606. 
Com'r  G.   L.   O.,  instructions,   March  18, 

1870,  Copp's  L.  L.  452. 
Com'r  G.  L.  O.,  instructions,  Aug.  13,  1872, 

Copp's  L.  L.  528. 
Com'r  G.  L.  O.,  Bancho  Niguel,   July  9, 

1872,  Copp's  L.  L.  565. 
Com'r  G.  L.  O.,  ex-Mission,  San  Buenaven- 
tura, Aug.  1,  1873,  Copp's  L.  L.  568. 
Com'r  G.  L.  O.,  Bancho  Las  Animas,  Oct. 

13,  1873,  Copp's  L.  L.  5,4. 
Com'r  G.  L.  O.,  Bancho  Cuyamaca,  Nov.  25, 

Ib73,  Copp's  L.  L.  577. 
Com'r  G.  L.  O.,  Baucho  Nnjalayegua,.  Sept. 

18,  1^74,  Copp's  L.  L.  580. 

Com'r  G.  L.  O.,  Baucho  Las  Animas.  Oct. 

31,  1873, 1  Copp's  L.  O.  101. 
Com'r  G.  L.  O.,    Bancho  Alisal,  April  5, 

1873, 1  Copp's  L.  O.  116. 
Coin'r  G.  L.  O.,  Bancho  Corral  de  Tierra, 

Oct.  30, 1874, 1  Copp's  L.  O.  140. 
Com'r  G.  L.  O.,  Bancho  Los  Trigos,  Aug. 

29,  1874, 1  Coup's  L.  O.  150. 
Com'r  G.  L.  O.,  Ortiz  mine  grant,  June  19, 

Ib75,  2  Copp's  L.  O.  52. 
Com'r  G.  L.  O.,  Baucho  Las  Virgines,  Nov. 

3, 1874,  2  Copp's  L.  O.  84. 
Com'r  G.  L.  O.,  Corral  do  Tierra,  June  29, 

1875,  2  Copp's  L.  O.  85. 
Com'r  G.  L.  O.,  Baucho  Cuyama,  Oct.  28, 

1875,  2  Copp's  L.  O.  164. 
Com'r  G.  L.  O.,  Baucho  Cabeza  de  Santa 

Bosa,  Dec.  2,  1»78,  5  Copp's  L.  O.  148. 
Spanish  and  Mexican  laws  : 

Strother  v.  Lucas,  12  Pet.  410. 

United  States  v.  Delespine,  15  Pet.  319. 

Les  Bois  v.  Brauiell,  4  How.  449. 

IHssell  v.  Pen  rose,  «  How.  317. 

Lecompte  v.  United  States,  11  How.  115. 

Uuited  Status  v.  Power's  heirs,  11  How. 

570. 

United  States  v.  Turner,  11  How.  663. 
Uuited  States  v.  Moore,  12  Ho>v.  209. 


xlviii 


CITATION    OF   DECISIONS. 


PRIVATE  LAXD  CL  AIMS  -Continued. 
Spanish  and  Mexican  laws : 

United  States  v.  Simon,  12  How.  433. 
United  States  v.  Ritchie,  17  How.  5-25. 
United  States  v.  Cambuston,  20  How.  59. 
United  States  r.  Hartuell's  ex's,  22  How. 

286. 
United  States  v.  Teschmaker  et  al.,  22  How. 

392. 

Dalton  v.  United  States,  22  How.  436. 
United  States  v.  Pico,  23  How.  321. 
United  States  v.  Bolton,  23  How.  341. 
Palmer  et  al.   v.   United  States,  24  How. 

125. 

League  v.  Egery  et  al.,  24  How.  264. 
Foote  v.  Egery  et  al.,  24  How.  267. 
United  States  v.  Hciisley,  1  Black,  35. 
United  States  v.  Knight's  adui'r,  1  Black. 

227. 

United  States  v.  Vallejo,  1  Black,  541. 
United  States  v.  Castillero,  2  Black,  17. 
Hornsby  v  United  States,  10  Wall.  224. 
Tameling  v.  U.  S.  F.  L.  &  E.  Co.,  3  Otto, 

644. 

Van  Reynegan  v.  Bolton,  5  Otto,  33. 
Trenier  et  al.  v.  Stewart,  11  Otto,  797. 
Den  v.  Hill,  1  McAllisterC.  C.  480. 
United  States  v.  Hartnell,  1  Hoffman  L.  Cas. 

2U7. 
United  States  v.  Fossat,  1  Hoffman  L.  Cas. 

211. 

United  States  v.  Cass,  3  Saw.  C.  C.  477. 
San  Francisco  v.  United  States,  4  Saw.  C. 

C.  5f. 3. 

Hammekin  v.  Clayton,  2  Woods,  C.  C.  336. 
Winter  v.  United' States,  I  Hemp.  C.  C.  344. 
Secretary  Interior,  Beaubien  A;  Miranda, 

Dec.  31, 1869. 
Secretary  Interior,  Beaubien  &.  Miranda, 

March  16, 1877,  4  Copp's  L,  O.  4. 
Coiu'r  G.  L.  O.,  Beaubien  &  Miranda,  Sept. 

10,  1K69. 
Corn'r  G.  L.  O.,  Inland  Santa  Rosa,  Aug. 

23, 1*71. 
PROP-LAM  ATIOX— 

Hardwick  v.  Reardon,  6  Ark.  77. 
PUGET  SOUND  AGRICULTURAL  CO.— 

Puget  Sound  Ag.  to.  v.  Pierce  Co.,  1  Wash. 

Ty.  180. 
RAILROAD  GRAXTS- 

Ainboy,  Laming  d-  Traverse  Bay  R.  R. : 

Johnson  v.  LSallim,  28  Mich.  379. 
Atchixon,  Topeka  <£•  Santa  Fc  It.  If.  : 

A.  T.  <fc  S.  F.  R.  R.  Co.  r.  United  States,  3 
Otto,  44-J. 

13  Op.  Att.  Gen.  378. 

Secretary  Interior,  Aug.  1, 1872,  A.  T.  <fc  S. 

F.  R.  R,  Co.  v.  Catlin  et  al.,  Copp's  L.  L. 

394. 
Secretary  Interior,  Xov.  13,  1873,  A.  T.  &  S. 

F.  R.  R.  Co.  v.  Say  re,  Copp's  L.  L.  397. 
Secretary  Interior.  March  18,  1878,  A.  T.  & 

S.  F.  R.  R.  Co.  v.  Krater,  5  Copp's  L.  O.  19. 
Secretary  Interior.  Aug.  14,  1878,  A.  T.  & 

S.  F.  R.  R.  Co.  v.  Staiubrook,  5  Copp's  L. 

0.86. 
Secretary  Interior,  Xov.  7, 1878,  A.  T.  &  S. 

F.  R.  R.  Co.  r.  Dodge,  5  Copp's  L.  O.  134. 
Secretary  Inteii-.r,  Jan.  21,  1879,  A.  T.  &  S. 

F.  R.  R.  Co.  r.  Turner,  .".Copp's  L.  O.  167. 
Secretary  Interior,  April  4,  1879,  A.  T.  &  S. 

F.  R.  R.  Co.  v.  Starkweather,  6  Copp's  L. 

O.  19. 
Secretary  Interior,  July  24,  1879,  A.  T.  &  S. 

F.  R.  R.  Co.  «.  Krown,  6  Copp's  L.  O.  111. 
Atlantic  <£  Pac'J'.c,  R.  If.  .- 

Secretary  Interior,  April  15, 1874  (terminal 

rights),  4  Copp's  L.  O.  147. 
Secretary  Interior,  June  16.  1879,  S.  P.  R. 

R.  Co.  v.  Langley,  6  Copp's  L.  O.  55. 
Com'r  G.  L.  O.,Oc't.  13, 1877  (Indian  Terri- 
tory), 4  Copp  s  L.  O.  123. 
Op.   Att,    Gen.,  Oct.  26,    1880   (nonforfeit- 
ure), unpublished. 
Burlington  «£•  Missouri  Hirer  If.  It.  : 

B.  <fe  M.  R.  R.  R.  Co.  v.  Fremont  County, 
9  Wall.  89. 

Hunnewell  v.  Cass  County,  22  Wall.  466. 
United  States  v.  R.  R.  Co.,  8  Otto,  334. 


RAILROAD  GRAXTS—  Continued. 
Burlington  <£•  Mivxouri  River  R.  R. : 

HurmelH-B.  &  M.  R.  R.  R.  Co.  3  Dillon  C. 

C.  313. 
United  States  r.  B.  &  M.  R.  R.  R.  Co.,  4 

Dillon,  C.  C.  397. 

Fremont  Co.  v.  B.  &  M.  R.  R.  R.  Co.,  22 
Iowa,  91. 

B.  <fc  M.  R.  R.  R.  Co.  v.  Clingman,  23  Iowa, 

Page  Co.  v.  B.  &  M.  R.  R.  R.  Co.,  40  Iowa, 

520. 

White  r.  B.  &,  M.  R.  R.  R.  Co.,  5  Xeb.  393. 
Stark  r.  Baldwin,  7  Xeb.  114. 
Secretary  Interior,  Xov.  15,  1871,  B.  &  M. 

R.  R.  R.  Co.,  Copp's  L.  L.  382. 
Secretary  Interior,  April  28,  1871,  B.  &  M. 

R  R.  R.  Co.  v.  Boyd,  Copp's  L.  L.  392. 
Secretary  Interior,  July  21,  1871.  B.  &  M.  R. 

R.  R.  Ct>.  r.  Boyd,  Copp's  L.  L.  393. 
Secretary  Interior  March  9, 1872,  B.  &  M. 

R.  R.  R.  Co.  v.  Latimer  et  al.,  Copp's  L. 

L.  401. 
ConiT  G.  L.  O.,  June  30, 1874,  B.  &  M.  R.  K. 

K.  Co.  v.  Bora,  1  Copp's  L.  O.  67. 
California  <£  Oregon  R.  R. : 

'Ryan  v.  C.  P.  11.  R.  Co.,  5  Saw.  C.  C.  260. 
Secretary  Interior,  March  31, 1873,  C.  &  O. 

R.  R.  Co.  v.  Abbott,  Copp's  L.  L.  419. 
Secretary  Interior,  May  31, 1875,  C.  &  O.  R. 

R.  Co.  u.  Dougherty,  2  Copp's  L.  O.  52. 
Secretary  Interior,  Nov.  30,  Ifcf75,  C.  &  O.  R. 

R.  Co.  v.  Swift,  2  Copp's  L.  O.  134. 
Secretary  Interior,  Jan.  19,  Ie76,  C.  &  O.  R. 

R.  Co.  v.  McCouiber,  2  Copp's  L.  O.  163. 
Secretary  Interior,  July  12,  lt?7<>.  C.  &.  O.  R. 

R.  Co.'v.  Harbinson'ef  al.,  3  Copp's  L.  O. 

53. 
Secretary  Interior,  March  23,  1877,  C.  &  O. 

R.  R.  Co.  v.  Packet ts,  4  Copp's  L.  O.  55. 
Secretary  Interior,  July  20, 1876,  C.  &  O.  R. 

R.  Co.  v.  Eaton,  5  Copp's  L.  O.  13. 
Secretary  Interior,  Dec.  18,  1«78,  C.  &  O.  R. 

R.  Co/v.  Ga-es,  5  Copp's  L.  O.  150. 
Secietary  Interior,  April  7,  1879,  C.  &  O.  R. 

R.  Co.'  v.  Blodgett,  6  Copp's  L.  O.  37. 
Secretary  Interior,  Feb.  13, 1878,  C.  &.  O.  R. 

R.  Co.  •».  Marleyhan,  7  Copp's  L.  O.  67. 
Com'r  G.  L.  O.,  March  21, 1877,  C.  At  O.  R. 

R.  Co.  v.  Mineral  Claimants,  4  Copp's  L. 

0.2. 
Cedar  Rapid*  d-  Missouri  River  R.  R. : 

Courtwright  v.  C.  R.  &  M.  R.  R.  R.  Co., 

21  Wall.  310. 

State  of  Iowa  v.  Kirkwood,  14  Iowa,  162. 
Courtwright  v.  C.  R.  &  M.  R.  R.  R.  Co.,  35 

Iowa,  386. 

Goodrich  v.  Beanman,  37  Iowa,  563. 
Blair    Town-lot   Co.  v.  Kitteringham,   43 

Iowa,  402. 

C.  R.  &  M.  R.  R.  R.  Co.  v.  County  of  Sac, 
46  Iowa,  313. 

Secretary  Interior,  Aug.  24.   1876,  C/R.  & 

M.  R.  R  R.  Co.  v.  State  of  Iowa,  3  Copp's 

L.  O.  r-4. 
Secretary  Interior,  Aug.  11,  1876,  C.  R.  & 

M.  R.  R.  R.  Co.  v.  Harmon,  3  Copp's  L. 

0.8C. 
Secretary  Interior,  Oct.  24. 1876,  C.  R.  &  M. 

R.  R.  R.  co.  v.  Sheltnerdine,  3  Copp's  L. 

O.  171. 
Secretary  Interior,  Jan.  30,  1878,  C.  R.  & 

M.  R.  R.  R.  Co.  v.  Coltoii,  4  Copp's  L.  O. 

182. 

Central  Branch,  Union  Pacific  R.  R.  : 
Parker  v.  Winsor,  5  Kans.  362. 
C.  B.  R.  R  Co.  v.  Wiicox,  14  Kans.  259. 
Secretary  Interior,  Xov.  16,  1*78,  C.  B.  TJ. 

P.  Co.'r.  K.  P.  R.  R.  Co.,  5  Copp's  L.  O. 

149. 
Central  Pacific  R.  R. : 

Ryan  r.  C.  P.  R.  R.  Co.,  9  Otto,  382. 

C.  P.  R.  R.  Co.  r.  Dyer.  1  Saw.  C.  C.  Ml. 

C.  P.  R,  R.  Co.v.  Benity,  5  Saw.  C.  C.  118. 

Doran  t'.C.  P.  R.  R.  Co'.,  24  Cal  245. 

Buterneld  r.  C.  P.  R.  R.  Co.,  31  Cal.  2G4. 

Alford  v.  Barnum,  45  Cal.  4»2. 

Campbell  v.  Buckman,  49  Cal.  302. 

C.  P.  R.  R.  Co.  v.  Robinson,  49  Cal.  446. 


CITATION   OF   DECISIONS. 


slix 


RAILROAD  GR ANTS-  Continued. 
Central  Pacific  R.  R.: 

Kaiser  ?;.  McLanebUu,  49  Cal.  449. 
"Weaver  v.  Fail-child,  50  Cal.  360. 
Enid  err.  Natoma  W.  &  Mg.  Co.,  50  Cal.  621. 
C.  P.  E.  li.  Co.  v.  Howard,  f>l  Cal.  230. 
C.  P.  11.  E.  Co.  v.  Howard,  52  Cal.  2-27. 
Secretary  Interior,  March  31,  18".3,  C.  P.  R. 

R.  Co.'v.  Abbott.,  Copp's  L.  L.  419. 
Secretary  Interior,  May  14,  11=75,  C.  P.  E. 

11.  Co.'v.  Dillinghara,  Copp's  L.  L.  430. 
Secretary  Interior,  June,  22,  l»73,  Hank  v. 

Luce  et  al.,  Copp's  L.  L.  4(.5. 
Secretary  Interior,  Dec.  21   1877,  C.  P.  E. 

E.   Co.  v.  State  of  California,  4  Copp's 

L.  O.  150. 
Secretary  Interior,  Jan.  30.  1879,  C.  P.  E. 

E.  Co.  v.  Beck  ft  al..  6  Copp's  L.  O.  5. 
ComV  G.  L.  O..  Jan.  15,  1*73,  C.  P.  E  E.  Co. 

v.  State  of  Nevada,  Copp'-s  L.  L.  4-24. 
Com'r  G.  L.  C\,  March  14, 1674,  C.  P.  E.  E. 

Co  v.  Dmcli  Flat  Placer,  t  Copp's  L.  O.  2. 
Com'r  G.  L.  O.,  Nov.  12,  1874.  C.  P.  E.  E. 

Co.  v.  Mammoth  B.  G.  Co.,  1  Copp's  L.  O. 

134. 
Com'r  G.   L.  O.,  Jan.  9,  1875,  circular,  1 

Copp's  L.  O.  169. 
Chicago  <£•  Mobile  R.  It. : 

5  Op.  Alt.  Gen.  518,  603. 
Chicago  <£•  NorthiMstem  If.  R. : 
Eldrtd  v.  Sexton,  19  Wall.  189. 
Eldred  v.  Sexton,  30  Wis.  193. 
Delaplaiue  v  C.  &   N.  W.  E.  E.  Co.,  42 

Win.  248. 
Diedrich  v.  C.  &  N.  W.  E.  E.  Co.,  42  Wis. 

248. 
Chicago^  Rock  Island,  &  Pacific  R.  R.  : 

C.  E.    I.    &  P.  E.  E.   Co.  v.  Brown,   40 
Iowa,  333. 

White  v.  C.  E.  I.  &  P.  E.  E.  Co.,  41  Iowa, 

222. 
American  Emigrant  Co.  v.  C.  E.  I.  &  P. 

E.  E.  Co.,  47  Iowa,  515. 
Secretary  Interior,  Aug.  31,  1876,  C.  E.  I. 

&  I'.  It.  E.  Co  v.  Bell,  3  Copp's  L.  0. 1C5. 
Denver  t£  Rio  Grande  R.  R.: 

D.  &  E,  G.  E.  E.  Co.  v.  Gallon  City  &  San 
Juan  E.  E.  Co.,  9  Otto,  4f»3. 

Denver  Pacific  R.  R.: 

Secretary  Interior  Aug.  19.  1874,  D.  P.  E. 

E.  Co.  v.  Longan,  I  Copp's  L.  O.  101. 
Des  Moines  Navigation  <£  R.  If.: 

Walcott  v.  1).  M.  N.  &  E.  E.  Co.,  5  Wall. 

681. 

Williams  v.  Baker.  17  Wall.  144. 
Homestead  Co.  v.  Valley  E.  E.  Co.  17  Wall. 

153. 

D.  M.  N.  &  E.  E.  Co.  v.  Cooper,  41  Iowa,  275. 
Dubicque  <£•  Pacific  R.  R.: 

D.  &  P.  E.  E.  Co.  v.  Litchfield,  23  How.  66. 
Dubuque  <£  Sioux  City  IL  R.: 

Secretary  Interior  Aug.  24, 1876.  D.  &  S.  C. 
E.  E.  Co.  v.  State  of  Iowa,  3  Copp's  L. 
O.  84. 
Flint  <£  Pcre  Marquctte  R.  R.: 

Secretary  Interior   Dec.    7,  1872    (Indian 

laT<ds),'Copp's  L.  L.  385. 
Grand  Haven,  Flint  <£  Port  Huron  R.  R.: 

Bowers  v.  Hey  w<  ocl,  35  Mich.  241. 
Grand  Rapids  &  Indiana  R.  Jf.: 

Secretary  Interior  Aug.  25,  1879,  G.  E.  &I. 

E.  E.  Co.  v.  Stmud,  6  Copp's  L.  O.  112. 
Hannibal  <&  St.  Joseph  R.  /,'..- 
Baker  v.  Gee  1  Wall.  i33. 


H.  &  St.  J.  I 


H.  &  St.  J.  I 


.  E.  Co.  v.  Smith,  9  Wall.  95. 


H.  &  St.  J.  Iv.  E.  Co.  v.  Smith,  4  Mo.  310. 


.  E.  Co.  v.  Moore,  37  Mo.  338. 


Pacific  Railroad  v.  Liudell.  39  Mo.  329. 
H.  &  St.  J.  E.  E.  Co.  v.  Moore,  45  Mo.  443. 
Lock  wood  v.  H.  &  St.  J.  E.  E.  Co.,  65  Mo. 

233. 

Funkhouser  v.  Peck,  67  Mo.  20. 
Hastings  <£•  Dakota  R.  R.: 

Secretary  Interior,  April  3,  1879,  H.  &  D. 

E.  E.  Co.  v.  Kniskeru,  6  Copp's  L.  O.  50. 
Secretary  Interior,  May  '*9,  1879,  H.  &  D. 

E.  E.  Co.t).  Whitis  6  Copp's  L.  O.  M. 
Secretary  Interior,  April  17, 1880  (deviation 

of  route),  not  reported. 

IV  L  O — YOL  II 


RAILROAD  GE  ANTS—  Continued. 
Iowa  Falls  <6  Sioux  City  R.  R.: 

I.  F.  &  S.  C.  E.  E.  Co.  v.  Plymouth  Co.,  40 

Iowa,  CC9. 
Secretary  Interior,  Oct.  30,  1874, 1.  F.  &  S. 

C.  E.  E.  Co.  v.  Sloan,  Copp's  L.  L.  416. 
Secretary  Interior,  Aug.  19,  1875,  I.  F.  &  S. 

C.  E.  E.  Co.  v.  Waken'eld,  2  Copp's  L. 

O.  84. 
Secretary  Interior,  Aug.  24,  1876,  I.  F.  & 

S.  C.  E.  E.  Co.  v.  State  of  Iowa,  3  Copp's 

L.  O.  84. 
Secretary  Interior,  Dec.  13,  1879,  I.  F.  & 

S.  C.  E.  E.  Co,  v.  Wakefield,  6  Copp's 

L.  O.  161. 
Illinois  Central  R.  R.: 

Bates  v.  S.   C.  E.  E.  Co.,  1  Black,  204. 

S.  C.  E.  E.  Co.  v.  United  States,  20  Law 

Eep.  630. 

Sawyer  v.  Cox,  63  Ills.  l^O. 
Secretary  Interior,  Feb.  29,  1879,  I.  C.  E. 

E.  Co.  v.  Britton,  Gray  &  Drummond. 
Com.  G.  L.  O.,  Feb.   12,  1878,  I.  C.  E.  E. 

Co.  v.  State  of  Illinois  tt  al..  5  Copp's  L. 

0.19. 
Kansas  Pacific  R.  R.  .• 

M.  K.  ,fc  T.  E.  E.  Co.  v.  K,  P.  E.  R.  Co., 

7  Otto,  491. 
Com'rs  Douglas  Co.  v.  U.  P.  E.  R.  Co.,  5 

Ivans.  615. 

K.  P.  R.  E,  Co.  v.  Gulp,  9  Kans.  38. 
Eepublicau  River  Bridge  Co.  v.  K.  P.  R. 

R.  Co.,  12  Ivans.  409. 
K.  P.  R.  E.  Co.  v.  M.  K.  &  T.  E.  E.  Co.,  15 

Kans.  15. 
Secretary  Inteiior,  Oct.  3,  1871,  K.  P.  E. 

E.  Co.  v.  IT.  P.  E.  E.  Southern  Branch, 

Copp'8  L.  L.  365. 
Secretary  Interior,  May  1, 1877,  K.  P.  E,  R. 

Co.  v.  Jenney,  4  Copp  s  L.  O.  42. 
Secretary  Interior,  July  23,  1»7S,  K.  P.  R. 

R.  Co.  v.  Dvulymott,  5  Copp's  L.  O.  69. 
Secretary  Intel  tor,  Nov.  16, 1878,  K.  P.  R. 

R.  Co.  v   Central  Branch,  U.  P.  E.  E.  5 

Copp's  L.  O.  149. 
Secretary  Interior,  Aug.  23,  1879,  K.  P.  E. 

E.  Co.  v.  Farnsworth,  6  Copp's  L.  O.  111. 
Com'r  G.  L.  O.,  Nov.   17,  1873,  K.  P.  E.  E. 

Co.  v.  Hodge  et  aL,  1  Copp's  L.  O.  100. 
Com'r  G.  L.  O.,  Aug.   10,  1878,  circular,  5 

Copp's  L.  O.  109. 
Lake  Superior  <£•  Mississippi  River  R.  R.  : 

L.  S.  <fc  M.  E.  E.  E.  Co.  v.  U.  S.,  3  Otto,  442. 
Leave/worth  Lnwnnced;  Oalveston  R.  R.: 
L.  L.  &  G.  E.  E.  Co.  v.  U.  S.,  2  Otto,  733. 
L.  L.  &G.  E.E.  Co.  v.  Coffin.  16  Kans.  510. 
Secretary  Interior,  May  7.  1872.  L.  L.  &  G. 

E.  E.  Co.  v.  Arnold,  Copp's  L.  L.  398. 
Secretary  Interior.  March  31,  1874,  L.  L.  & 

G.  E.  E.  Co.  v.  Eowley,  Copp's  L.  L.  436. 
Com'r  G  L.  O.,  Oct.  8,   1874  (forfeiture),  1 

Copp'n  L.  O   )  15. 
McGregor  <£  Missouri  River  R.  R.  : 

Op.  Att.  Gen.,  Feb.  2.  1880   (deviation  in 

construction),  8  Wash.  Law  Eep.  106. 
Secretary    Interior,    April  9,  1880  (devia- 
tion in  construction),  8  Wash.  Law  Eep. 

249. 
Memphis  &  Little  Rock  R.  R.  : 

Secretary  Interior,  May  5,  1877,  M.  &  L.  E. 

E  E.  Co.  v.  State  of  Arkansas,  4  Copp's 

L.  O.  63. 
Milwaukee  &  St  Paul  R.  R.  : 

United  States  v.  M.  &  St.  P.  E.  R.  Co.,  5 

Bissell.  C.  C.  410. 
Minnesota  <£•  St.  Paul  R.  R.:    , 

Rice  v.  M.  &  St.  P.  R  R.  Co.,  1  Black,  358. 
Minnesota  <£•  Northwestern  R.  R.: 

United  States  v.  M.  &  N.  W.  R.  R.  Co.,  1 

Minn.  127. 

Ricew.  Railway  Co.,  1  Blac^  358. 
Minnesota  &  Pad  fie  R.  R. : 

M.  &  P.  E.  E.  Co.  v.  Farnsworth,  2  Otto,  49. 
Missouri.  Kansas  &  Texas  R.  R. : 

M  K.  &  T.  E.  E.  Co.  v.  K.  P.  R.  R,  Co.,  7 

Otto,  491. 

Wood  v.  M.  K.  &  T.  R.  R.Co..  11  Kans.  323. 
K.  P.  R.  E.  Co.  D.  M.  K.  &  T.  R.  R.  Co.,  15 

Kans.  15, 


1 


CITATION   OF   DECISIONS. 


RAILROAD  GRAFTS—  Continued. 
Missouri,  Kansas  &  Texan  It.  If.  : 

Secretary  Interior,  Oct.  3,  J871,  K.  P.  R.  R. 

Co.  v.  U.  P.  R.  R.,   Southern  Branch, 

Copp's  L.  L.  365. 
Secretary  Interior,  Aug.  15, 1872,  M.  K.  & 

T.  R.  R.  Co.  v.  Block,  Copp's  L.  L.  395. 
Secretary  Interior,  May  17,  1872,  M.  K.  & 

T.  R.  R  Co,  v.  Arnold;  Copp's  L.  L.  398. 
Secretary  Interior,  July  17,  1873,  M.  K.  & 

T.  R.  R  Co.  v.  Brock  et  al.,  Copp's  L.  L. 

399. 
Secretary  Interior,  Feb.  23,  1872,  M.  K.  & 

T.  R.  R  Co.  v.  Noble,  Copp's  L.  L.  700. 
Secretary  Interior,  Aug.  10, 1872,  M,  K.  & 

T.  R.  R.  Co.  v.  Noble,  Copp's  L.  L.  702. 
Secietary  Interior,  Jan.  26.  Ip72,  M.  K.  & 

R.  R.  Co.  v.  Pine  &  Wood,  Copp's  L.  L. 

703. 
Secretary  Interior,  March  27, 1873,  M.  K.  & 

T.  R.  R.  Co.  v.  Wheeler,  Copp's  L.  L. 

704. 
Secretary  Interior,  March  1, 1876,  M.  K.  & 

T.  R.  R.  Co.  v.  Lasselle,  3  Copp's  L.  O. 

10. 
Secretary  Interior,  Oct.  12, 1877,  M.  K.  & 

T.  R.  R.  Co.  v.  Streeter,  4  Copp's  L.  O. 

180, 181. 
Secretary  Interior,  Nov.  13,  1879,  M.  K.  & 

T.  R.  R.  Co.  v.  Owens,  6  Copp's  L.  O. 

163. 
Missouri  River,  Fort  Scott  &  Gulf  R.  R.  : 

M.  R.  F.  S.  &  G.  R.  R.  Co.  v.  Morris,  13 

Kane.  302. 
Secretary  Interior,  March  22,  1876,  M.  R. 

F.  S.  &  G.  R.  R.  v.  Watson,  3  Copp's  L. 

Secretary  Interior,  Feb.  8,  1876,  M.  R.  F. 

S.  &  G.  R.  R.  v.  Watts,  3  Copp's  L.  O.  9. 
Secretary  Interior,  Aug.  9,  1870,  M.  R.  F. 

S.  &  G.  R.  R.  v.  Plouch,  3  Copp's  L.  O. 

Secietary  Interior,  Sept.  1,  1875,  M.  R.  F. 

S.  &  G.  R.  R.  v.  Coon,  3  Copp's  L.  O.  132. 
Com'r  G.  L.  O..  Oct.  8,  1874  (forfeiture),  1 

Copp's  L.  O.  115. 
Northern  Pacific  R.  R. : 

Secretary  Interior.  March  27,  1873  (attach- 
ment of  right),  Copp's  L.  L.  377. 
Secretary  Interior,  Jan.  23,  Ic73,  K".  P.  R. 

R.  Co.  v.  Tunison  et  al,  Copp's  L.  L.  3bl. 
Secretary  Interior,  Aug.  4.  1876,  N.  P.  R. 

R.  Co.  v.  Earnsberger,  3  Copp's  L.  O.  85. 
Secretary  Interior,  Feb.  3,  1877,  X.  P.  R. 

R.  Co.  v.  O.  C.  R.  R.  Co.,  3  Copp's  L.  O. 

199. 
Secretary  Interior,  Aug.  14,  1878,  N.  P.  R. 

R.  Co.  v.  Hogland,  5  Copp's  L.  O.  107. 
Com'r  G.  L.  O.,  June  19,  Ib74,  N.  P.  R.  R. 

Co.  v.  Engebretson,  1  Copp's  L.  O.  51. 
Com'r  G.  L.  O.,  Dec.  28,  Ie74,  X.  P.  R.  R, 

Co.  v.  Hickey,  1  Copp's  L.  O.  181. 
Com'r  G.   L.  O..  Jan.  12,  1877,  Town    of 

Seattle  v.  McAleer,  3  Copp's  L.  O.  179. 
North  Wisconsin  R.  R.  : 

Secretary  Interior,  Nov.  17,  1879, 6  Copp's 

L.  O.  163. 
North  <f-  South  Alabama  R.  R.  : 

R.  R.  Co.  v.  Alabama,  11  Otto,  832. 
14  Op.  Att.  Gen.  617. 
Omaha  <£•  Northioestern  R.  R. : 

Koenig  v.  O.  &  N.  W.  R  R,  Co.,  3  Neb.  273. 
Oregon  Central  R.  R.  : 
13  Op.  Att,  Gen.  3^2. 
Secretary  Interior,  Feb.  3,  1877,  O.  C.  R.  R. 

Co.  v.  N.  P.  R.  R.  Co.,  3  Copp's  L.  O.  lt'9. 
Sioux  City  <£  Pacific  R.  R.  : 

S.  C.  &  P.  R.  R.  Co.  v.  U.  P.  R.  R.  Co.,  4 

Dillon,  C.  C.  307. 
The  State  v.  S.  C.  &  P.  R.  R.  Co.,  7  Neb. 

357. 
Southern  Minnesota  R.  R. : 

Secretary  Interior,  Oct.  20, 1874.  S.  M.  R.  R. 

Co.  v.  Parks  et  al..  Copp's  L.  L.  396. 
Secretary  Interior,  Mai  ch  14  and  April  14, 

1877,  S.  M.  R.  R.  Co.  v.  Pond,  4  Copp's  L. 

O.  163. 

Secretary  Interior,  Dec.  5,  1879  (non-for- 
feiture), 6  C«pp's  L,  O.  155. 


RAILROAD  GRANTS- 
Southern  Pacific  Railroad  : 

fc>.  P.  R.  R.  Co.  v.  Pierpont  Orton,  unpub- 
lished opinion,  Ninth  Cir.  Ct>,  Dec.  15, 

1&79. 

Op.  Att.  Gen.,  June  13,  1878 ;  July  16,  1878. 
Secretary  Interior,  May  9,  1873,  S.  P.  R.  R. 

Co.  v.  Stuart,  Copp's  L.  L  375. 
Secretary  Interior,  Sept.  1. 1875,  S.  P.  R.  R. 

Co.  v.  Whitaker,  2  Copp's  L.  O.  119. 
Secretary  Interior,  April  23,  lr<75,  S.  P.  R. 

R.  Co.  v  Queen,  3  Copp's  L.  O.  5. 
Secretary  Interior,  Jan.  24, 1877.  S.  P.  R.R. 

Co.  v.  Wiggins  &  Kellar,  4  Copp's  L.  O. 

123. 
Secretary  Interior,  April  15.  1874,  S.  P.  R. 

R.  Co.  v.  A.  &  P.  R.  R.  Co.,  4  Copp's  L.  O. 

Secretary  Interior,  Aug.  2,  1878,  S.  P.  R.  R. 

Co.  v.  Tome  et  al.,  5  Copp's  L.  O.  85. 
Secretary  Interior,  Feb.  20, 1879  (surveying 

expenses),  6  Copp's  L.  O.  4. 
Secretary  Interior,  May  8,  Ie79,  S.  P.  R.  R- 

Co.  v.  Cox,  6  Copp's  L.  O.  35. 
Secretary  Interior,  June  1C,  1879,  S.  P.  R. 

R.  Co.  v.  Langley,  6  Copp's  L.  O.  55. 
Secretary  Interior,  July  -2.  1879,  S.  P.  R.  R. 

Co.  v.  Serrano,  6  Copp's  L.  O.  93. 
Secretary  Interior,  Jan.  31, 1880,  S.  P.  R.  R. 

Co.  v..Oi  ton,  7  Copp's  L.  O.  10. 
Secretary  Interior,  Aug.  f ,  1880,  S.  P.R.  R. 

Co.  v.  Jacob,  7  Copp's  L.  O.  83. 
Secretary  Interior,  June  8,  1880,  S.  P.  R.  R. 

Co.  v.  Gower,  7  Copp's  L.  O.  104. 
Secretary  Interior,  July  29,  1880,  S.  P.  R. 

R.  Co.  v.  Whitaker,  8  Wash.  Law  Rep. 

489. 
St.  Croix  t&  Superior  R.  R.  : 

Schulenberg  v.  Haniinan,  21  Wall.  44. 
Schulenberg  v.  Harriman,  2  Dillon,  C.  C. 

398. 

14  Op.  Att.  Gen.  430. 
St.  Joseph  (6  Denver  R.  R. : 

Xnevals  v.  Hyde,  U.  S.  Cir.  Ct.,  Neb.,  Oct. 

1879  (unpublished). 

St.  J.  &  D.  R.  R.  Co.  v.  Bolin,  7  Neb.  247. 
Secretary  interior,  Sept.  3,  1872,  St.  J.  & 

D.  R.  R.  Co.  v.  Nickell,  Copp's  L.  L.  399. 
Secretary"  Interior,  Nov.  18,  1^75,  St.  J.  & 

D.  R.  R.  Co.  v.  Barm  s,  3  Copp's  L.  0. 132. 
Secretary  Interior,  Feb.  7,  1877,  St.  J.  &  D. 

R.  R.  Co.  v.  Thomas,  3  Copp's  L.  O.  197. 
Secretary  Interior,  Sept.  24,  1817,  St.  J.  & 

D.  R.  R.  Co.  v.  Thomas,  4  Copp's  L.  O. 

119. 

Secretary  Interior,  March  5,  1879  (survey- 
ing expenses),  6  Copp's  L.  O.  162. 
Secretary  Interior,  Jan.  27,  1860,  St.  J.  & 

D.  R.  R.  Co.  v.  Wheeler,  7  Copp's  L.  O. 

10. 
Secretary  Interior,  March  2,  1880,  St.  J.  & 

D.  It.  R.  Co.  v.  Wheeler,  7  Copp's  L.  O. 

10. 
St.  Paul  &  Sioux  City  R.  R.  : 

St.  P.  &  S.C.  R.  R.  Co.  v.  Chamberlain,  2 

Otto,  2i)9. 
St.  P.  &  S.  C.  R.  R.  Co.  v.  County  of  Osceola, 

43  Iowa,  318. 
Brisbine  v.   St.  P.  &  S.  C.  R.  R.  Co.,  23 

Minn.  114. 
Secretary  Interior,  Aug.  2, 1872,  St.  P.  & 

S.  C.  R.  R.  Co.  v.  Halverson,  Copp's  L.  L. 

384. 
Secretary  Interior,  Sept.  10,  1874,  St.  P.  & 

S.  C.  R.  R.  Co.  v.  Sutton  Copp's  L.  L.  435. 
Secretary  Interior,  Sept.  9, 187(5.  St.  P.  &  S. 

C.  R  R  Co.  v.   State  of  Minnesota,  3 

Copp's  L.  O.  99. 
Secretary  Interior.  Oct.  16, 1876,  St.  P.  &  S. 

C.  R.  R.  Co.  v.  Weaver,  3  Copp's  L.  O. 

119. 
Com'r  G.  L.  O.,  March  8,  1875.  St.  P.  &  S.  C. 

R.  R  Co.  v.  Hoover,  2  Copp's  L.  O.  119. 
St.  Paul  &  Pacific  R.  R.  : 

Secretary  Interior.  Dec.  2, 1875,  St.  P.  &  P. 

R.  R.  Co.  v.  St.  Vincent  Extension  Co.,  2 

Copp's  L.  0. 134. 
Secretary  Interior,  Aug.  14.  1876,  St.  P.  & 

P.  R  R.  Co.  v.  Hage,  3  Copp's  L.  O.  84. 


CITATION   OF   DECISIONS. 


li 


RAILROAD  GRANTS—  Continued. 
St.  Paul  &  Pacific  11.  If. : 

Secretary  Interior,  Dec.  11, 1876,  St.  P.  &  P. 

11. 11.  Co.  v.  Kcmper,  3  Copp's  L.  O.  170. 
Com'r  G.  L.  O.,  Aug.  10,  1875,  St.  P.  &  P.  R. 

R.  Co.  v.  Hill.  2  Copp's  L.  0. 118. 
Com'r  O.  L.  O.,  Sept.  4,  1879,  St.  P.  &  P.  R. 

R.  Co.  v  Larsou,  6  Copp's  L.  0. 178. 
Stockton  d-  Copperopolis  II.  If. : 

Com'r  G.  L.  O.,  Dec.  29,  Ie75  (forfeiture),  3 

Copp's  L  O.  73. 
Union  Pacific  11.  It.  : 

Railway  Co.  v.  Prescott,  16  Wall.  COS. 
Railway  Co.  v.  McShane,  '22  Wall.  444. 
United' States  v.  U.  P.  II.  II.  Co.,  1  Otto,  74. 
Railway  Co.  v.  Hall  et  al.,  I  Otto,  343. 
M.  K.  &  T.  R.  R.  Co.  v.  K.  P.  R.  R.  Co., 

7  Otto,  491. 

Platt  v.  R.  R.  Co.,  9  Otto,  48. 
U.  P.  R.  R.  Co.  v.  Watts,  2  Dillon,  C.  C. 

310. 
U.  P.  R.  R.  Co.  v.  McShane,  3  Dillon,  C.  C. 

304. 
S.  C.  &  P.  R.  R.  Co.  «.  U.  P.  R.  R.  Co.,  4 

Dillon,  C.  C.  307. 
Uuited  States  v.  B.  &  M.  R.  R.  R.  Co.,  4 

Dillon,  C.  C.  397. 

Stalnaker  v.  Morrison,  6  Nebr.  363. 
10  Op.  Att.  Gen.  127 ;  11  id.  462 ;   13  id.  127, 

430. 

Secretary  Interior,  Sept.  27,  1872,  U.  P.  R. 
R.  Co.  v.  Cheyenne  et  al.,  Copp's  L.  L. 
373. 
Secretary  Interior,  March  24, 1874,  U.  P. 

R.  R.  Co.  v.  Mills,  Copp's  L  L.  417. 
Secretary  Interior,  June  2.1,  1880,  U.  P.  R. 

R.  Co.'v.  Hahn,  7  Copp's  L.  O.  67. 
Com'r  G.  L.  O.,  Aug.  11,  1873,  U.  P.  R.  R. 

Co.  v.  R.  M.  Coal  Co.,  Copp's  L.  L.  672. 
Com'r  G.  L.  O.,  July  i6,  IK75,  U.  P.  R.  R. 

Co.  v  Crismon,  2  Copp's  L.  O.  67. 
Com'r  G.  L.  O.,  Dec.  3,  1875,  U.  P.  R.  R. 

Co.  v.  Arnold,  2  Copp's  L.  O.  131. 
Western  Pacific  R.  R. ; 

Newiiall  v.  Sanger,  2  Otto,  761. 
Kaiser  v.  McLanghlin,  49  Cal.  449. 
McLaujihlin  v.  Powell,  50  Cal.  64. 
McLaughlin  v.  Fowler,  52  Cal.  203. 
Secretary  Interior,  March  28,  1872,  "W.  P. 
R.  R.  Co.  v.  Schwerin,  Copp's  L.  L.  409. 
Secretary  Interior,  Oct.  25,  1873,  W.  P.  R. 

R.  Co.  v.  Benson,  Copp's  L.  L.  412. 
Secretary  Interior,  July  31,  1872,  W.  P.  R. 

R.  R.  Co.  v.  Spratt,  Copp's  L.  L.  416. 
Secretary  Interior,  June  11,  1873,  W.  P. 

R.  R.  Co.  v.  Scott,  Copp's  L.  L.  420. 
Secretary  Interior,  March  16,  1871,  W.  P. 
R.  R.  Co.  v.  Sareeant  et  al..  Copp's  L.  L. 
421. 

Secretary  Interior,  May  14, 1875,  W.  P.  R. 
R.  R.  Co.  v.  Dilliug'ham,  Copp's  L.  L. 
430. 

Secretary  Interior,  March  23,  1875,  TV.  P. 
R.  R.  Co.  v.  Fitzgerald,  2  Copp's  L.  O.  51. 
Secretary  Interior,  July  15, 1875,  W.  P.  R. 

R.  Co.  v.  Stewart,  Copp's  L.  O.  84. 
Secretary  Interior,  Jan.  15,  1878,  State  of 
Cal.  v.  Townsend  et  al..  4  Copp's  L.  O 
189. 
Secretary  Interior,  Nov.  21,  1878,  "W.  P.  R. 

R.  Co.  v.  Nichols,  5  Copp's  L.  O.  151. 
Secretary  Interior,  March  14,  1879,  W.  P. 
R.  R.  Co.  v.  Webber,  6  Copp's  L.  O.  19. 
Secretary  Interior,  Feb.  26,  Ib79,  W.  P.  R. 

R.  Co.  v.  Buckman,  7  Copp's  L.  O.  4. 
Western  R.  R.  of  Minnesota: 

Secretary   Interior,  Oct.  16,  1880    (indem- 
nity lands),  8  Wash.  Law  Rep.  679. 
West  Wisconsin  R.  R. : 

Secretary  Interior,  Feb.  18,  1874,  W.  W 

R.  R.  Co.  v.  Herman,  Copp's  L.  L.  415. 
Com'r  G.  L.   O.,  Feb.    13,  1874   (right  to 

lands),  2  Copp's  L.  O.  20. 
Worthington  &  Sioux  Falls  It.  R. : 

Com'r  G.   L.   O.,  May  10,  1877  (right  of 

way),  4  Copp's  L.  o!  91. 
Winona  &  St.  Peter  R.  R.  Co. : 

State  v.  W.  &  St.  P.  R,  R.  Co.,  21  Minn 
315. 


RAILROAD  GRANTS—  Continued. 
Winona  d-  St.  Peter  R.  R.  Co. : 

State  v.  W.  &  St.  P.  R.  R.  Co.,  21  Minn. 

472. 

Secretary  Interior,  Oct.  8.  1877,  W.  &  St. 
R.  R.  Co.  v.  McOuat,  4  Copp's  L.  O.  163. 
Wisconsin  Central  R.  R.  Co. : 

14  Op.  Att.  Gen.  202. 
RECORDING  ACTS— 

Jacksonville  v.  Lamphire,  3  Pet.  280. 
RES  AD  JU  DIC  AT  A— 

United  States  v.Arredondo,  6  Pet.  691. 
United  States  v.  Bank  of  Metropolis,  15  Pet. 

377. 

Tate  ct  al.  v.  Carney  et  al.,  24  How.  357. 
Aurora  City  v.  West,  7  Wall,  82. 
Boyle  v.  Hinds,  2  Saw.  C.  C.  527. 
13  Op.  Att.  Gen.  456 ;  14  id.  74. 
Secretary  Interior,  Nov.  10, 1876,  1  Lester, 

507. 
Secretary  Interior,  Dec.  29,  1857, 1  Lester, 

557.     ' 
Secretary  Interior,  Jones  v.  Roberts,  Dec.  9, 

1874,  Copp's  L.  L.2:>1. 

Secretary  Interior,    M.  K.    &  T.  R.  R.  v. 
Brock  et  al.,  July  17, 1873,  Copp's  L.  L.  399. 
Secretary  Interior   ex  parte  McGarrahan, 

Aug.  4',  1871,  Copp's  L.  L.  532. 
Secretary  Interior,  ex  parte   Beaubien   & 

Miranda,  July  7,  Ib71,  Copp's  L.  L.  605. 
Secretary  Interior,  ex  parte  McConnell,  May 

31,  1875,  2  Copp's  L  O.  83,  149. 
Secretary  Interior  ex  parte  Rickard,  Jan. 

19,  lt<76,  2  Copp's  L.  O.  163. 
Secretary  Interior,  ex  parte  Oregon,  Oct. 

13, 1876,  3  Copp's  L.  O.  119. 
Secretary  Interior,  Foster  v.  State  Califor- 
nia, April  3,  1878,  5  Copp's  L.  O.  6. 
Secretary  Interior,  ex  parte  Illinois,  May  2, 

1878,  5'Copp's  L.  O.  124. 
Secretary  Interior,  Valentine  v.   City  of 

Chicago,  Feb.  28, 1879, 6  Copp's  L.  0. 22. 
Secretary  Interior,  Daly  v.  Weaver,  July 

17, 1880,  7  Copp's  L  O.  88. 
Secretary  Interior,   Preston  Beck  claim, 

Aug.  21,  1880,  7  Copp's  L.  O.  199. 
Com'r  G.  L.  O.,  Portland  City,  Oct.  18, 1858, 

1  Lester,  440. 
Com'r  G.  L.  O.,  ex  parte  Baca  claim,  March 

21, 1879.  6  Copp's  L.  O.  18, 127. 
RESERVATIONS— 

Hughes    v.     Trustees   of    Clarksville,    6 

Wheat.  369. 

Doddridge  v.  Thompson,  9  Wheat.  469. 
Edwards'  lessee  v.  Darby,  12  Wheat.  206. 
Chotard  v.  Pope,  12  Wheat.  581. 
Wilcox  v.  Jackson,  13  Pet.  498. 
United  States  v.  Fitzgerald,  15  Pet.  407. 
United  States  v.  Chicago.  7  How.  185. 
Kissell  v.  Saint  Louis  Public  Schools,  18 

How.  19. 

East  on  v.  Salisbury,  21  How.  426. 
Hale  v.  Gaines  et  al.,  22  How.  144. 
Wolcott  v.  Des  Moines  Co  ,  5  Wall.  681. 
Morton  v.  Nebraska,  21  Wall  660. 
Rector  et  al.  v.  United  States.  2  Otto,  698. 
L.  L.  &  G.  R.  R.  Co.  v.  U.  S.,  2  Otto,  733. 
Newhall  v.  Sanger,  2  Otto,  761. 
Morrow  v.  Whitney,  5  Otto,  551. 
Ryan  v.  C  P.  R  R.  Co.,  9  Otto,  382. 
Wolsey  v.  Chapman,  1 1  Otto,  755. 
Indiana  v.  Miller,  3  McLean,  C.  C.  151. 
United  States  v.  Railroad  Bridge  Company, 

6  McLean,  C.  C.  517. 
Dupas  v.  Wassell,  1  Dillon,  C.  C.  213, 
I.  C.  R.  R.  Co.  v.  U.  S.,  20  Law  Rep.  630. 
Joseph  v.  United  States,  1  N.  &  H.  197. 
Johnson  v.  United  States,  2  N..&  H.  391. 
McConnel  v.  Wilcox,  1  Scammon,  (Ills.)  344. 
Middleton  v.  Pritchard,  4  Ills.  510. 
Stockton  v.  Williams,  1  Doug.  (Mich.)  546. 
Demy  v.  Campbell,  4  Mich.  5(!5. 
Spaulding  v.  Martin,  11  Wis.  262. 
RiiL'gles.  v.  Marsillot,  19  Wis.  159. 
Whitney  v.  Guuderson,  31  Wis.  359. 
Whitney  v.  Nelson,  33  Wis.  ?65. 
Tht<  State  v.  Delesdenier,  7  Texas,  76. 
Bellow  v.  Todd,  34  Iowa,  18. 
Gulliver  v.  Berge,  1  Rob.  (La.)  427. 


lii 


CITATION    OF   DECISIONS. 


Gaines  r.  Hal.-,  16  Ark.  9. 

Jl  inter  v.  Hemphill.  6  Mo.  106. 

Perry  r.  O'Hanlon,  11  Mo.  373. 

K.  P.  R.  R.  v.  Gulp,  9  Kans.  38. 

Republican  River  Bridge  Co.  v.  U.  P.  R.  R. 

Co.,  12  Kans.  409. 
People  v.  Dana,  22  Cal.  11. 
Blanc  v.  Bowman,  22  Cal.  23. 
Hastings  v.  McGrogin,  27  Cal.  85. 
People  v.  Shearer,  30  Cal.  645. 
McGrary  v.  Hastings,  39  Cal.  360. 
Rash  v.  Corey,  39  CaL  339. 
LeRoy  v.  Cunningham,  44  Cal.  599. 
3  Op.  Att.  Gen.  106,  240,  277,  566  ;  6  id.  670 ; 
9  id.  298,  339 ;  10  id.  56,  359  ;  14  id.  33,  50 ; 
March  4,  1878 ;  July  16. 1878. 
Secretary  Interior,  Rock  Island,  Jan.  24, 

18i9,  1  tester,  690. 
Secretary   Interior,   ex   parte    "Woodman, 

March  16, 1870,  Copp's  L.  L.  216. 
Secretary  Interior,  W.  P.  II.  R.  v.  Dilling- 

hatn,  May  14.  1675,  Copp's  L.  L.  430. 
Secretary  Interior,  Hot  Springs,  April  23, 

1875.  2  Copp's  L.  O.  100. 
Secretary  Interior,  Timmons  v.  Gleason, 

July  11,  1876,  3  Copp's  L.  O.  71. 
Secretary  Interior,  Rancho  Piedra  Blanca, 

Aug.  8,  Ie76,  3  Copp's  L.  O.  98. 
Secretary  Interior,  Kemper  v.  St.  P.  &  P. 

R.  R.,  Ded.  11,  Itf76.  3  Copp's  L.  O.  170. 
Secretary  Interior,  Rancho  Corte  Madera 
del  Presidio,  May  28, 1879,  6  Copp's  L.  O. 
52. 
Com'r  G.  L.  O.,  June  12,  1872,  2  L.  I.  &  O. 

291. 
Com'r  G.  L.  O.,  Rock  Island,  2  L.  I.  &  O. 

390,  509. 
Com'r  G.  L.  O.,  Tort  Wayne,  2  L.  I.  &,  O. 

40-2, 827. 
Com'r  G.  L.  O.,  Cantonment  Brooke,  2  L. 

I.  &  0.  908. 
Com'r  G.  L.  O.,  Fort  Jesup,  2  L.  I.  &  O. 

951. 
Com'r  G.  L.  O.,  C.  P.  R.  R.  v.  State  Nevada, 

Copp's  L.  L.  424. 
Com'r  G.  L.  O.,  ex  parte  Meek  et  al.,  April 

22, 1874, 1  Copp's  L.  O.  21. 
Com'r  G.  L.  O.,  S.  &  C.  R.  R.,  Dec.  29, 1875, 

3  Copp's  L.  O.  73. 
Com'r  G.  L.  O.,  Ramsey  v.  C.  P.  R.  R.  Co., 

Oct.  24, 1879.  6  Copp's  L.  O.  179. 
Com'r  G.  L.  O.,  Rancho  Punta  de  la  Con- 
cepcion,  April  20,  1880,  7  Copp's  L.  O.  70. 
REVOLUTIONARY  LAND  WARRANTS  AND 

SCRIP— 

Smith  v.  Shane,  1  McLean,  C.  C.  22. 
Dupre  v.  McCright,  6  La.  Ann.  146. 
Parker  v.  Wallace.  3  Ohio,  490. 
Parker  v.  Dunn,  4  Ohio,  233 
McArtbur  v.  Gallaher,  7  Ohio,  412. 
Trimble  r.  Brotherby,  14  Ohio,  109. 
2  Op.  Att.  Gen.  385 ;  3  td.  246, 382;  June  14, 

lf-37,  2  L.  I.  <fc  O.  123. 
Com'r  G.  L.   O.,  circular,  Nov.  16,1830,2 

L.  I.  &  O.  436. 
Com'r  G.  L.  O  ,  circular,  Oct.  2,  1833,  2  L. 

I.  &  O.  484. 
Com'r  G.    L.  O.,  circular,  June  14,  1870, 

Copp's  L.  L.  739. 
Com'r  G.  L.  O.,  Dec.  16,  1874,  Copp's  L.  L. 

741. 
Com'r  G.  L.   O.,  circular,  July  20,    1875, 

Copp's  L.  L.  742. 

Com'r  G.  L.  O.,  circular,  Copp's  L.  L.  746. 
RIPARIAN  RIGHTS— 
Alluvion: 

County  of  St.  Clair  v.  Lovingston,  23  Wall. 

Dunlap  v.  Stetson,  4  Mason,  C.  C.  349. 
Lovingston  v.  County  of  St.  Clair,  64111s.  56. 
Lamers  ».  Nissen,  4  Xeb.  245. 
Smith  v.  City  ot  St.  Louis,  21  Mo.  36. 
Public ;  rights  of  the : 

Barney  r.  Keokuk,  4  Otto,  324. 
Leigh' v.  Holt.  5  Bissell,  C  C.  338. 
Blancbard  r.  Porter,  11  Ohio,  138. 
Bainbridge  v  Shillock,  29  Ind.  364. 
Shillock  v.  Baiubridge,  41  Ind.  35. 


RIPARIAN  RIGHTS—  Continued. 
Public ;  rights  of  the : 

The  People  r.  St.  Louis.  10  His.  351. 
C-hicago  r.  McGinn,  50  His.  266. 
llubbard  r.  Bell,  54  Ills.  110. 
Eaxpu  v.  Bressler,  C4  Ills.  488. 
Lorman  v.  Benson,  8  Mich.  18. 
Att'y-Gen'l  v.  Evart  Booming  Co.,  34  Mich. 

4b2. 
Bay  Harbor  Co.  r.  Council,  &c.,  Walker's 

Chan.  Rep.  (Mich)  155. 
Jones  v.  Pettibone,  2  Wis.  308. 
Walker  v.  Stephenson,  4  Wis.  486. 
Oleson  v.  Men  ill,  42  Wis.  203. 
Dcleplaine  v.  C.  &.  N.  W.  R.  R.  Co.,  42  Wis. 

214. 
Steven's  Point  Boom  Co.  v.  Reilly,  46  Wis. 

237. 
B-isbiner.  St.  P.  &  S.  C.R.R.  Co., 23  Minn 

114. 

Eaight  v.  City  of  Keokuk,  4  Iowa,  405. 
Cook  v.  City  of  Burlington,  30  Iowa,  94. 
Tomlin  r.  The  Dnbuque  and  B.  &  M.  R.  R. 

Cos.,  '32  Iowa,  106. 

Cook  v.  City  of  Burlington,  36  Iowa,  357. 
Musser  r.  Hershey,  42  Iowa,  356. 
Houghton  r.  The  C.  D.  &  M.  R.  R.  R.  Co., 

47  Iowa,  370. 

Weise  v.  Smith,  3  Oreg.  445. 
Dana  r.  Jackson  St.  Wharf  Co.,  31  Cal.  118. 
Taylor  r.  Underbill,  40  Cal.  471. 
Vausickle  v.  Harris,  7  Nov.  249. 
Riparian  proprietor ;  rights  of: 

K.  It.  Co..  v  Schurmeir,  7  Wall.  272. 
Yates  r.  Milwaukee,  10  "Wall.  497. 
Barney  r.  Keokuk,  4  Otto,  324. 
Union  M.  &.  M.  Co.  v.  Ferris.  2  Saw.  C.  C. 

175. 
Union  M.   &  M.  Co.  v.  Dangberg,  2  Saw. 

C.  C.  450. 

Dunlap  v.  Stetson,  4  Mason,  C.  C.  349. 
Tvler  v.  Wilkerson,  4  Mason,  C.  C.  397. 
Bowman  r.  Wathen,  2  McLean,  C.  C.  376. 
Leigh  v.  Holt,  5  Bissell,  C.  C.  338. 
Forsyth  v.  Small,  7  Bissell,  C.  C.  201. 
Granger  v.  Swart.  1  Woolw.  C.  C.  e 8. 
Northern  Union  Packet  Co.  v.  Atlee,  2  Dil- 
lon, C.  C.  479. 

Avery  v.  Fox,  1  Abbot  CU.  S.)  246. 
Gavit  v  Chambers,  3  Ohio,  496. 
Blanchard  v.  Porter.  II  Ohio,  138. 
Walker  v.  Beard  of  Public  Works,  16  Ohio, 

540. 
Hubbard  v.  City  of  Toledo,  21  Ohio  St 

379. 

Bainbridge  v.  Shillock.  29  Ind.  364. 
Martin  v.  Evansville,  32  Ind.  85. 
State  v.  Pottmeyer,  33  Ind.  402. 
Shillock  v.  Baiubridge,  41  Ind.  35. 
Ridgway  v.  Ludlow,  58  Ind.  248. 
Taylor  v.  Fickas,  64  Ind.  168. 
Middleton  v.  Pritchard,  4  Ills.  510. 
The  People  v.  St.  Louis,  10  Ills.  351. 
Board  of  Trustees  v.  Havin,  10  Ills.  548. 
Stolp  r.  Hoyt,  44  Ills.  219. 
Chicago  v.  Laflin,  50  Ills.  266. 
Hubbard  t?.  Bell,  54  Ills.  110. 
Baxon  tj.  Bressler,  64  His.  488. 
Houck  v.  Yates,  82  Ills.  179. 
Lorman  r.  Benson,  8  Mich.  18. 
Bay   City,   <fcc.,  v.  Industrial  Works,  28 

Mich,  l r-a. 

Ryan  i:  Bw>wn,  18  Mich.  196. 
Clark  v.  Campau,  19  Mich  325. 
Watson  r.  Peters,  2G  Mich.  508. 
Treat  v.  Bates.  27  Mich.  390. 
Att  y-Gen'l  v.  Evart  Booming  Co.,  34  Mich. 

462. 

Jones  v.  Pettibone,  2  Wis.  308. 
Walker  v.  Stephenson,  4  Wis.  486. 
Mariner  v.  Schultz,  13  Wis.  692. 
Arnold  v.  Elmore,  16  Wis.  509. 
Wright  r.  Day,  33  Wis.  260. 
Oleson  v.  Merrill,  42  Wis.  203. 
Deleplaine  v.  C.  &  N.  W.  R.  R.  Co.,  42 

Wis.  214. 

Boorman  v.  Sunnucks,  42  Wis.  233. 
Diedrich  v.  C.  &.  N.  W.  R.  R.  Co.,  42  Wis. 
248. 


CITATION    OF   DECISIONS. 


liii 


RIPARIAN  RIGHTS— Continued. 
Riparian  proprietor ;  rights  t>f: 

Steven's  Point  Boom  Co.  v.  Reilly,  46  Wis. 

257. 

Hazeltine  v.  Case,  46  Wis.  391. 
Schurineir  v.  St.  P.  &  P.  R.  R.  Co.,  10 

Minu.  82. 

Riffe  v.  C.  D.  &  M.  E.  R.  Co..  23  Minn.  18. 
Brisbine  v.  St.  P.  &  S.  C.  R.  R.  Co.,  23 

Minn.  114. 

McManus  v.  Carmichael,  3  Iowa,  11. 
Haight  v.  City  of  Kwikuk,  4  Iowa,  405. 
Boynton  v.  Miller,  22  Iowa,  579. 
Cook  v.  City  of  Burlington,  30  Iowa,  94. 
Tomlin  v.  The  Dubuque  and  B.  &  M.  R. 

R.  Cos.,  32  Iowa,  106. 
Cook  v.  City  of  Burlington,  36  Iowa,  357. 
Musser  v.  Hershey,  42  Iowa,  356. 
Houghton  v.  C.  I>.  &  M.  R.  R.  R.  Co.,  47 

Iowa,  370. 

Lobdell  v.  Simpson,  2  Nev.  274. 
Lake  v.  Tolles,  8  Nov.  28.". 
Shoemaker  v.  Hatch.  13  ^ev.  261. 
Smith  v.  City  of  St.  Louis,  21  Mo.  36. 
St.  Louis  Public  Schools  v.  Risley,  40  Mo. 

356. 

Benson  v.  Morrow,  61  Mo.  345. 
Ferrea  v.  Kuipe,  28  Cal.  3-10. 
Dana  v.  Jackson  St.  Wharf  Co.,  31  Cal.  118. 
1  Lester,  493.  note. 

Com'r  G.  L.O.,  Feb.  20, 1874,Copp'sL.  L.  763. 
Coiu'r  G.  L.  O.,  exparte  Taylor  et  al.,  Nov. 

5,  1H74, 1  Copp's   L.  O.  1.15. 
Com'r  G.  L  O.,  Wolf  Lake,  Feb.  12, 1878, 

5  Copp's  L.  O.  19. 
Secretary  Interior,  Feb.   2,  1880.  7  Copp's 

L.  O.  57. 
United  States,  rights  of  the : 

New  Orleans  v.  United  States,  10  Pet.  662. 
Pollard  et  al.  v.  Hasan  etal.,  3  How.  212. 
Goodtitle  v.  Kibbe,  9  How.  471. 
ROBINSON,  WALL  ACE,  RELIEF  OF— 

Op.  Att,  Gen.,  June 24,  It3i),  2  L.  I.  &  O.  209. 
ROSITA,  TOWN  OF— 

Adams  v.  Binklev,  4  Colo.  247. 
SACRAMENTO,  CITY 'OF— 

Cornwall  v.  Culver,  16  Cal.  424. 

County  of  Yolo  v.  City  of  Sacramento,  36 

Cal.  193. 
SALT  LAKE  CITY— 

Pratt  0.  Young,  1  Utah,  348. 
SALT  SPRINGS— 

Chotard  v.  Pope.  12  Wheat.  5P1. 
Delauiiero  v.  Emison,  15  How.  525. 
Cooper  v.  Roberts,  18  Hosv.  173. 
Morton  v.  Nebraska,  21  Wall.  660. 
Indiana  v.  Miller,  3  McLean,C.  C.  151. 
1  Op.  Att.  Gen.  352,  420 ;  2.  L.  I.  &  O.  263, 

2«5,  533. 
Com'r  G.  L  O.,  circular,  July  3,  1836,  2  L. 

1.  &  O.  815. 

Com'r  G.  L.  O.,  instructions,  July  28, 1831, 

2L.  I.  &O.  916. 
Com'r  G.  L.  O.,  April  27,  1874,  1  Copp's  L. 

O.  19. 
Com'r  G.  L.  O.,  Hall  v.  Litchfield,  March 

2,  1876,  2  Copp's  L.  O.  179. 

Com'r  G.  L.  O.,  circular,  April  10,  1877,  4 

Copp's  L.  O.  21. 
Com'r  G.  L.  O.,  Eagle  Salt  Works,  Dec.  12. 

1877,  5  Copp's  L.  O.  4. 
SAN  FRANCISCO- 
Acts  of  Congress  : 

Trenouth  v.  San  Francisco,  10  Otto,  251. 
Harris  v.  McGovern,  2  Saw.  C.  C.  215. 
United  States  v.  Carr  et  al.,  3  Saw.  C.  C. 

477. 

Woodworth  v.  Fulton,  1  Cal.  295. 
Alcalde  grants  : 

Palmer  v.  Low,  8  Otto,  L. 

Montgomery  v.  Bevans  et  al.,  1  Saw.  C.  C. 

653. 

Walker  v.  Marks,  2  Saw.  C.  C.  152. 
Palmer  v.  Low,  2  Saw.  C.  C  248. 
Hall  et  al.  v.  Ungcr  et  al,  4  Saw.  C.  C.  672. 
Woodworth  v.  Fulton.  1  Cal.  295. 
Reynolds  v.  West,  1  Cal.  3-22. 
Brown  v.  O'Couuer,  1  Cal.  419. 
Cohas  v.  Raisin,  3  Cal.  443. 


SAN  FRANCISCO—  Continued. 
Alcalde  grants  : 

Cliapiu  v.  Browne,  8  Cal.  294. 

Noe  v.  Card,  14  Cal.  577. 

Payne  v.  Treadwell,  16  Cal.  221. 

Hubbard  v.  Barry,  21  Cal.  321. 

Bcahan  v.  Mayor,  &c.,24  Cal.  585. 

Rice  v.  Cunningham,  29  Cal.  492. 

Lick  v.  Diaz,  30  Cal.  C5. 

Wilson  v.  Cleveland,  30  Cal.  192. 

Donner  v.  Palmer,  31  Cal.  501. 

Lick  v.  Diaz,  37  Cal.  437. 

Glaswood  v.  Hastings,  38  Cal.  216. 
Mexican  grant  : 

Lynch  v.  Bernal,  9  Wall  315. 

San  Francisco  v.  United  States,  4  Saw.  C.  C. 
553. 

Grisar  v.  McDowell,  4  Saw.  C.  C.  597. 

United  States  v.  Hare  et  al.,  4  Saw.  C.  C. 
653. 

Tripp  v.  Spring,  5  Saw.   C.  C.  209. 

Welch  v.  Sullivan,  8  Cal.  164. 

Norton  v.  Hyatt,  8  Cal.  540. 

Hart  v.  Burnett,  15  Cal.  530. 

Brown  v.  San  Francisco,  16  Cal.  452. 

Leese  v.  Clark,  18  Cal.  5.55. 

Fulton  v.  Hanlon.20  Cal.  450. 

Stevenson  v.  Bennett,  35  Cal.  424. 

Bernal  v.  Lynch,  36  Cal.  135. 

Com'r  G.  L.  O.,  Nov.  11,  1878,  5  Copp's  L. 

O.  131. 
Reservations  : 

United  States  v.  Carr  et  al,  3  Saw.  C.  C.  477. 

Grisar  v.  McDowell,  4  Saw.  C.  C.  597. 

United  States  v.  Hare  et  aJ.,  4  Sa.v.C.  C. 
653. 

People  v.  Dana,  22  Cal.  11. 

Blauc  v.  Bowman,  '22  Cal.  23. 

Le  Roy  v.  Cunningham,  44  Cal.  599. 
State  legislation  : 

Mumford  v.  Wardell,  C  Wall.  426. 

Palmer  v.  Low,  H  Otto,  1. 

Palmer  v.  Low,  2  Saw.  C.  C.  248. 

Tripp  v.  Spring.  5  Saw.  C.  C.  209. 

Seaoury  v.  Field,  1  McAllister  C.  C.  1. 

Freidmau  v.  Goodwin,  1  McAllister  C.  C. 
142. 

Chapin  v.  Browne,  8  Cal.  294. 

Hainan  v.  Read,  13  Cal.  444. 

Hart  v.  Burnett,  15  Cal.  530. 

Holladay  v.  Frisbie,  15  Cal.  630. 

Wheeler  v.  Miller,  16  Cal.  125. 

People  v.  Kruger,  19  Cal.  411. 

Peoples.  Dana,  22  Cal.  11. 

Blanc  v.  Bowman,  22  Cal.  23. 

Seabury  v.  Arthur,  28  Cal.  142. 

Ellis  ^.'Eastman,  32  Cal.  447. 

People  v.  Klumpke,  41  Cal.  264. 

Spencer  v.  Winselman,  42  Cal.  479. 

McManus  v.  O'Sullivan,  48  Cal.  7. 
Van  Ness  ordinance: 

L.Mich  v.  Bernal,  9  Wall.  315. 

Hall  et  al  v.  Uuger  etal,  4  Saw.  C.  C.  672. 

Hart  v.  Burnett,  15  Cal.  530. 

Wolf  v.  Baldwin,  19  Cal.  306. 

White  v.  Moses,  21  Cal.  34. 

Carleton  v.  Townsend,  28  Cal.  219. 

Borel  v.  Rollins,  30  Cal.  409. 

Davis  v.  Perley,  30  Cal.  630. 

Polack  v.  McGrath,  32  Cal.  15. 

Brooks  v.  Hyde,  37  Cal.  3(16. 

Valentine  *?. 'Ma honey.  37  Cal.  390. 

Judsou  v.  Mallon,  40  Cal.  300. 

Broad  v.  Broad,  40  Cal.  493. 

McLean  v.  Bent  on,  43  Cal.  467. 

Pattee  v.  Moyle,  44  Cal.  3<i3. 

Dupont  v.  Barstow,  45  Cal.  446. 

Iberg  v.  Suaiiet,  47  Cal.  265. 

Howell  v.  Rogers,  47  Cal.  291. 

Sill  v.  Russ,  47  Cal.  295. 
SAN  DIEGO,  CITY  OF— 

City  of  San  Diego  v.  Allison,  46  Cal.  163. 
SANDUSKY  RIVER— 

Com'r  G.  L.  O.,  July  19,  1826,  2  L.  I.  &  O. 

398. 
SAN  JOSE,  CITY  OF— 

City  of  San  Jose  v.  Trimble,  41  Cal.  536. 

Romie  v.  Casanova,  45  Cal.  131. 

City  of  San  Jos6  v.  Shaw,  45  Cal.  178.     • 


liv 


CITATION   OF   DECISIONS. 


SANTA  CLARA,  TOWN  OF— 

Bell  p.  Bed  Hock  Tunnel  &  Mg.Co.,  36Cal. 
S14. 

Black  r.  Galindo,  40  CaL  171. 
SCHOOL  LANDS— 

Confirmatory  legislation  : 

Ruttv.  Doyle  et  al.,  3  Otto,  558. 

State  v.  Gray,  4  Wis.  3::0. 

Op.  Att.  Gen  .  July  12,  1678. 

Secretary  Interior,  Jan.  28,  1860,  6  Copp's 

L.  O.  193. 
Secretary  Interior,  Jackson  v.  State  of  Cal., 

Aug.  10,  1877,  4  Copp's  L.  O  87. 
Secretary  Interior,  White  v.  University  of 

Cal.,  Jan.  10,  1878,  4  Copp's  L.O  188. 
Secretary  Interior,  Townsend  ctal.  v.  State 

of  Cal.,  Jan.  15,  1818,  4  Copp's  L.  O.  189. 
Secretary  Interior,  Selby  v.  State  of  Cal., 

May  3,  1879,  6  Copp's  L.  O.  138. 
Secretary  Interior,  Watson  v.  State  of  Cal., 

Jan.  22,  1880,  7  Copp's  L.  O.  193. 
Secretary  Intt'rior,  Abila  v.  Slate  of  Cal., 

July  28,  18tO,  7  Copp's  L.  O.  K;6. 
Secretary  Interior.  Ketcham  v.    State  of 

Cal..  July  21,  1880,  7  Copp's  L.  O.  107. 
Secretary  Interior,   Ketcbam  r.  State   of 

Cal.,  Nov.  G,  1880,  7  Copp's  L.  O.  107. 
Com'r  G.  L.   O.,  circular,  September  13, 

18«56,  Copp's  L.  L.  450. 
Deficiency  and  indemnity;  right  to,  and  when 

title  attache* : 

Campbell  v.  Doe,  13  How.  244. 
Dicken's  lessee  v.  Mahana.  21  How.  276. 
Hedrick  v.  Hugbes,  15  Wall.  123. 
Trustees  of  Greene  towiisbip  v.  Campbell, 

IGObioSt,.  11. 

Hargis  v.  The  Inhabitants,  &c.,  29  Ind.  70. 
Grogan  v.  Knight,  7  Cal  516. 
Roseerans  v.  Douglass,  52  Cal.  213. 
Copt-ley  r.  Dinkgrave,  \.1  La.  Ann.  601. 
Castle  v.  Cbauey,  28  La.  Ann.  120. 
Spaulding  v.  Mortimer,  1 1  Mo.  v;i;2. 
2  Op.   Att.  Gen.  360:  3  id.  5G,  205;  Jnly 

12,  1-78  ;  Jan.  21.  lt-60. 
Secretary  Interior  (Mich.),  Sept.  10,  1851, 

1  Lester,  49-J. 
Secretary    Interior,   State   Cal.   v.  Haile, 

April  8,  1872,  Copp's  L  L.  324. 
Secretary  Interior,  State  Cal.    v.  Brown, 

Jnly  10,  1871.  Copp's  L.  L.  3-J8. 
Secretary  Interior,  McCully  r.  State  Cal., 

Jan.  Hi,  1672,  Copp's  L.  L.  329. 
Secretary  Interior,   Taylor,  r.  State  Cal., 

March  9.  1875.  Copp's  L.  L.  330. 
Secretary  Interior.  Bird  v.  State  Cal.,  May 

25,  1671,  Copp's  L.  L.  4^4. 
Secretary  Interior,  State  Cal.   v.  Howard, 

Jan.  4.  1872.  Copp's  L.  L.  467. 
Secretary  Interior,   Selby   v.   State   Cal., 

March'lO.  187G,  3  Copp's  L.  O.  4. 
Secretary  Interior,    Selby    v.  State   Cal., 

Aug.  18,  1876.  3  Copp's  L.  O.  69. 
Secretary  Interior,  Selby  v.  State  Cal.,  May 

3,  1879',  6  Copp's  L.  O.  138. 
Secretary  Interior,  Moeller  f.  State  Cal., 

Dec.  13,  1678,  6  Copp's  L.  O.  75. 
Secretary  Interior,  Watson  r.  State  Cal., 

Jan.  2-J,  lt-80.  6  Copp's  L,  O.  193. 
Secretary  Interior,  Hahn  v.  U.  P.  E.  R., 

June  25,  1880,  7  Copp's  L.  O.  67. 
Secretary    Interior,   Abila    v.  State    Cal., 

July  28,  1880.  7  Copp's  L.  O.  106. 
Secretary  Interior.  Ketcham  v.  State  Cal., 

July  21,  1880,  7  Copp's  L.  O.  11  7. 
Secretary  Interior,  Ketcham  v.  State  Cal., 

Nov.  6,  1680. 
Com'r  G.  L.  O.,  circular.  July  11,  1805,  2 

L.  I.  &  0. 250. 
Com'r  G.  L.  O.,  circular,  July  13,  1805,  2 

L.  1.  &.  0. 2f,0. 

ComVG.L  O..April4,1817,2L.I.<fcO.2PO. 
Com'r  G.  L.  O.,  Oct.  5,  1829,  2  L.  I.  &  O. 

420. 
Com'r  G.  L.  O.,  Feb.  18,  1834,  2  L.  I.  &  O. 

401. 
Com'r  G.  L.  O.,  circular,  Feb.  14,  1837,  2  L. 

I.  <fc  O.  533. 
Com'r  G.  L.  O.,  circular,  May  17,  1844,  1 

Lester,  492. 


SCHOOL  LANDS—  Continued. 

Deficiency  and  indemnity  ;   right  to,  and  when 

title  attaches  : 
Com'r  G.  L.  O.,  circular.  June  25,  1844,  1 

Lester,  493. 
Com'r  G.  L.  O.,  circular,  March.  6,  1854,  1 

Lester,  494. 

Com'r  G.  L.  O.  (Cal.),  April  12,  1858, 1  Les- 
ter, 497. 
Com'r  G.  L.  O.,  Wheeler  et  al.  v.  Cadotte, 

April  20,  1867,  Zab.  L.  L.  401. 
Com'r  G.  L.  O.,   circular,  Aug.  21,  1862, 

Copp's  L.  L.  437. 
Com'r  G.  L.  O..  circular,  Sept.  13,  1866, 

Copp's  L.  L.  450. 
Com'r   G.  L.    O.,  circular,   Jan.    5,   1872, 

Copp's  L.  L.  483. 
Com'r  G.  L.  O.  (Cal.),  Aug.  24, 1875, 2  Copp's 

L.  O.  .-7. 
Com'r  G.  L.  O.  (Kansas),  Aug.  14,  1877,  4 

Copp's  L.  O.  85. 
Com'r  G.  L.  O.,  Jackson  v.  State  Cal.,  Aug. 

H',  1877,  4  Copp's  L.  O.  87. 
Com'r  G.  L.  O.,  White  v.  University  Cal., 

Jan.  10,  1878,  4  Copp's  L.  O.  188. 
Com'r  G.  L.   O.,  Townsend  v.  State  Cal., 

Jan.  15,  1878,  4  Copp's  L.  O.  189. 
Com'r  G.  L.  O.  (Cal.),  April  29,    1878,   5 

Copp's  L.  O.  34. 
Exceptions  and  reservations : 

Ham  v.  Missouri,  18  Hovr.  126. 
Cooper  r.  Roberts,  18  How.  173. 
Minnesota  v.  Bacbelder,  1  Wall.  109. 
Sherman  r.  Buick,  3  Otto,  209. 
Heydeuieldt  v.  Daney  G.  <fc  S.  Mg.  Co.,  3 

Otto,  C34. 

Water  and  Mg.  Co.  v.  Bugbey,  G  Otto,  165. 
Ivanboe  Mg.  Co.  v.  Ke  v  stone  Con.  Mg.  Co., 

Sup.  Ct.,  Oet.  term,  1880. 
Minnesota  v.  Bacbelder.  7  Minn.  121. 
Lay  ton  v.  Howell.  11  Nev.  451. 
Niius  r.  Johnsiu,  7  Cal.  111. 
Higgins  r.  Hoiigbton.  25  Cal.  252. 
State  v.  Ham,  19  Mo.  5H2. 
3  Op.  Att.  Gen,  £05 ;   1 1  id.  59. 
Secretaiy  Interior,  Keystone  Mg.  Co.  r. 

State  <'f  Cal.,  April  28*   1873,  Copp's  Mg. 

Dec.  109. 
Secretary  Interior.  Rank  ».  Luce,  June  22, 

J  873,  Copp's  L.L.4G5. 
Secretary  Interior,  State  of  Cal.  r.  Poley  & 

Thomas,  April  4,  1^77,  4  Copp's  L.  O.  18. 
Com'r  G.  L.  O.,  July  14,  1857,  1  Lester.  4'>6. 
Coui'r  G.  L.  O.,  ix  parte  Hanscome,  June 

20.  18M),  1  Lester,  4!)9. 
Com'r  G.  L.  0..  Keystone  Mg.  Co.  r.  State 

of  Cal.,  June  18,  Ifc72,  Copp's  Mg.  Dec. 

105. 
Com'r  G.  L.  O.,  Foster,  July  30, 1873,  Copp's 

L.L.G75. 
Com'r  ( • .  Ls  O.,  ex  parte  Hogden  ct  al.,  Nov. 

3,  1674.  1  Copp's  L.  O.  135. 
Com'r  G.  L.  O.,  Delanev  v.  Thomas,  June 

25.  Ie75,  2  Copp's  L.  O.*  50. 
Com'r  G.  L.  ().,  Townsend  et  al.  v.  State  of 

Cal ,  Nov.  1.  1875.  2  Copp's  L.  O.  116. 
Com'r  G.  L.  O.,  ex  parte  Fox  et  al.,  March 

30.  1677.  4  C'-pp's  L.  O.  ('6. 
Com'i   G.  L.  O.  (Cal.),  April  29,   1878,  5 

Copp's  L.  O.  34. 
Coiu'r  G.  L.  ().,  Metre  v.  State  of  Cal.,  Oct. 

16.  Id78,  5Copp'nL.  O.  164. 
Com'r  G.  L.  O.,  ex  parte  Reeves,  July  16, 

1879,  G  Copp's  L.  U.  76. 
Corn'r  G.  L.  O.,  Silver  Cliff  v.  State  of  Colo., 

Dec.  18,  1679,  <>  Copp'.s  L.  O.  152. 
Granted  lands,  when  title  attache*  to  : 
Cooper  r.  Roberts.  18  How.  173. 
Dickens'  lessee,  r.  Mabaua,  21  How.  276. 
Hedrick  v.  Hughes,  15  Wall.  123. 
Heydenf eldt  v.  Dauey  G.  &  S.  Mg.  Co.,  3 

Otto,  ti:M. 

Beecher  v.  Wetherby,  5  Otto.  517. 
Ivanboe  M»  Co.  r.  Keystone  Con.  Mg.  Co., 

Sup.  Ct.,  Oct.  Term,"  L-80. 
Ballon  r.  O'Brien.  2')  Mich.  304. 
Minnesota  v.  Bachelder.  7  Minn.  121. 
Kansas  r.  Sti -ingfellow,  2  Kans.  263. 
Nevada  v.  Blaisdel,  4  Nev.  241. 


CITATION   OF   DECISIONS. 


Iv 


SCHOOL  LANDS-  Continued. 

Granted  land,  when  title  attaches  to  : 

Heydenielut  v.  Daney  G.  &.  S.  Mg.  Co.,  10 

Nev.  '290. 

Lay  ton  v.  Ilowell,  11  Nev.  451. 
Higgins  v.  Houghton,  15  l  al.  252. 
Middleton  r.  Low,  30  Cal.  59(5. 
Sherman  p.  Buick,  45  Cal.  G56. 
Finney  r.  Berger,  50  Cal.  248. 
Keunett  v.  Cole,  13  Mo.  139. 
Ma.vers  v.  Byrne,  19  Ark.  308. 
Bettis  v.  Amtnett,  4  La.  Ann.  364. 
Long  et  al.  v.  Brown  et  al.,  4  Ala.  622. 
2  Op.  Att.  Gen.  360. 
Secretary  Interior.  (Michigan,)   Sept.    10, 

1851, 1  Lrster,  494. 
Secretary  Interior,  (Kansas,)  Sept.  23,1858, 

1  Lester,  498. 
Secretary  Interior,   (Minnesota,)  June  20, 

1850,  1'Lcster,  499. 

Secretary  Interior,  Mitchells.  State  of  Min- 
nesota, March  2d,  1  b73,  Copp's  L.  L.  483. 
Secretary  Interior,  Selby  v.  State  of  Cal., 

March  10,  1876,  1  Copp's  L.  O.  5. 
Secretary  Interior,    State  of  Cal.  v.  Poley 

et  al.,  April  4,  1877,  4  Copp's  L.  O.  18. 
Secretary  Interior,  (Kansas,)  Aug.  14, 1877, 

4  Copp's  L.  O.  85. 
Secretary  Interior,  exparte  Lowe,  June  22, 

1£80,  7  Copp's  L.  O.  66. 
Com'r  G.  L.  O.,  June  2,  183C,  2  L.  I.  &O. 

520. 
Com'r  G.  L.  O.,  ex  parte  Foster,  July  10, 

1873,  Copp's  L.  L.  675. 
Com'r  G.  L.  O.,  ex  parte  liinney,  June  13, 

1879,  6  Copp's  L.  O.  153. 
Com'r  G.  L.  O.,  exparte  Lowe,  Dec.  27, 1879, 

7  Copp's  L.  O.  66. 
Indian  titles,  effect  of: 

Beecher  v.  Wetherby,  5  Otto,  517. 
Ballou  v.  O'Brien,  20  Mich.  304. 
Power  of  State  in  executing  grant: 

Springfield  Township  v.  Quick  et  al,  22 

How.  56. 

Davis  v.  Indiana,  4  Otto,  792. 
State  v.  Trustees,  &c.,  2  Ind.  293. 
State  v.  Springfield  Township,  6  Ind.  83. 
Bradley  v.  Cox,  4  Ills.  585. 
Trustees,  &c.,  v.  Allen,  21  His.  120. 
Stout  v.  Hyatt,  13  Kans.  232. 
Nevada  v.  Rhodes,  4  Nev.  312. 
"Wyman  v.  Banvard,  22  Cal.  524. 
9  Op.  Att.  Gen.  346. 
Secretary  Interior,  ex  parte  Weightman, 

Sept.  23,  1858.  1  Lester,  40t». 
Secretary  Interior,  Watson  v.  State  of  Cal., 

Jan.  28,  I860,  6  Copp's  L.  O.  193. 
Purchase  from  State  : 

"Wisconsin  v.  Janssen,  2  Wis.  311. 
State  v.  Gray,  4  Wis.  380. 
State  v.  Commissioners,  6  Wis.  334. 
State  v.  Commissioners,  17  Wis.  248. 
Jensen  v.  Weinlander,  25  Wis.  477. 
Douglass  v.  Dorsey,  27  Wis.  119. 
Harrington  v.  Smith,  28  Wis.  43. 
Kansas  'v.  Emmett,  19  Kans.  546. 
O'Neall  v.  Cleveland.  3  Nev.  485. 
State  v.  Sickles,  9  Ind.  67. 
People  v*  State  Auditor,  2  Scam.  (Ills.)  567. 
Trustees,  &c.,  v.  Allen,  21  Ills.  120. 
Hurst  v.  Hawn,  5  Oreg.  275. 
Dolhequy  v.  Tabor,  2:2 'Cal.  279. 
Hildebrand  v.  Stewart.  41  Cal.  387. 
Hogan  v.  Winslow,  45  CaL  588. 
Finney  v.  Berger,  50  Cal.  248. 
Stan  way  v.  Rubio,  51  Cal.  41. 
Reservation  of : 

Secretary  Interior,  ex  parte  Weightman, 

Sept.  23,  1858,  1  Lester  498. 
Secretary  Interior,  ex  parte  Noble,  Feb. 

23,  1872,  Copp's  L.  L.  700. 
Secretary  Interior,  ex  parte  Falls,  March 

9,  Ib72,  Copp's  L.  L.  704. 
Secretary  Interior  ex  parte  Baid,  Oct.  27, 

1876,  3  Copp's  L.  O.  114. 
Secretary  Interior  ex  parte  Kinney,  Dec.  3, 

1879,  6  Copp's  L.  0. 153. 
Secretary  Interior,  Lowe  v.  State  Colo., 

Dec.  27, 1879,  7  Copp's  L.  O.  66. 


SCHOOL  LANDS—  Continued, 
lieacrvation  of : 

Com'r  G.'L.  O.,  Oct.  5,  1829, 2  L.  I.  &  O.421. 
Com'r  G.  L.  O.,  circular,  Aug.  30,  1832,  2  L. 

I.  &  O.  4C6. 
Com'r  G.  L.  O.,  circular,  Oct.  21, 1834,  2  L. 

I.  &  O.  597. 
Com'r  G.  L.  O.,  Silver  Cliff  v.  State  Colo., 

Dec.  18,  1879,  6  Copp's  L.  O.  152. 
Com'r  G  L.  O.,  ex  parte  Kinney,  June  13, 

1879,  6  Copp's  L.  0. 152. 

Com'r  G.  L.  O.,  ex  parte  Koppin,  July  29, 

1880,  7  Copp's  L.  O.  67. 
State  patents : 

State  v.  Harvey,  11  Wis.  33. 
McCabe  v.  Mazzuchelli,  13  Wis.  478. 
State  v.  Burnett,  £6  Wis.  412. 
Sexton  v.  Appleyard,  34  Wis.  235. 
People  v.  State  Auditor,  2  Scam.  (Ills.)  567. 
Trustees  v.  Allen,  21  Ills.  120. 
Middleton  v.  Low,  30  Cal.  596. 
State  school  ^varrants  ;  nature,  effect,  and  mode 

of  transfer : 

Smith  v.  Turner,  5  Wis.  551. 
Bull  v.  Sbeppard.  7  Wis.  449. 
Smith  v.  Clark,  7  Wis.  620. 
Mowry  v.  Wood,  12  Wis.  413. 
Dodge  v.  Siiverthorn,  12  Wis.  644. 
Jarvis  v.  Dutcher,  16  Wis.  307. 
Lefferts  v.  B'd  of  Supervisors,  21  Wis.  688. 
Gunderson  v.  Cook,  33  Wis.  551 . 
Henderson  v.  The  State,  43  Ind.  60. 
Hagenbnll  v.  Reed,  3  Neb.  17. 
Prescottt1.  Beebe,  17Xats.  320. 
Nevada  v.  Sharon,  7  Nev.  241. 
Richter  v.  Riley,  22  Cal.  6o9. 
True  v.  Simpson,  42  Cal.  293. 
Statiway  v.  Rubio,  51  Cal.  41. 
Tiiggv.  Handley.  52 Cal.  244. 
Secretary  Interior,  Slate  Cal.  v,  Pike  et  al., 

Sept.  26,  1871,  Copp's  L.  L.  446. 
Secretary  Interior,  Holcomb  et  al.  v.  State 

Cal.,  July  8.  1»79. 
Com'r  G  L.  O.,  Holcomb  et  al.  v.  State  Cal., 

Sept.  25, 1878. 
Selection  of : 

Com'r  G.  L.  O.,  circular,  May  24, 1826,  2  L. 

I.  &  O.  395. 
Com'r  G.  L.  O.,  June  12,  1827,  2  L.I.  &  O. 

404. 
Com'r  G.  L.  O.,  June  15,  1831,  2  L.  I.  &  O. 

454. 
Com'r  G.  L.  O.,  circular,  Aug.  30, 1832,  2  L. 

1.  &  O.  466. 
Com'r  G.  L.  C%  circular,  Dec.  6,  1832,2  L. 

I.  &0  472. 
Com'r  G.  L.  O  ,  circular,  July  21, 1834,  2  L. 

I.  &  O.  497. 

Com'r  G.  L.  O.,  June  2,  1836, 2  L.  I.  &O.  520. 
Com'r  G.  L.  O.,  Aug.  20,  1836,  2  L.  I.  &  O, 

524. 
Com'r   G.    L.   O.,  circular,   Sept.  8,  1874, 

Copp's  L.  L.  484. 
Village  lots  in  Missouri: 

Kissell  v.  Public  Schools,  18  How.  19. 
Bowlin  v.  Fnrman,  28  Mo.  429. 
Mitchell  v.  Handheld,  3  iMo.  431. 
Patterson  v.  Hogan,  38  Mo.  70. 
Glasgow  v.  Lindell,  TO  Mo.  60. 
SIOUX  HALF-BREED  SCRIP— 

United  States  v.  Chapman.  5  Saw.  C.  C.528. 

Monette  v.  Cratt,  7  Minn.  234. 

Hope  v.  Stone,  10  Minn.  114. 

Sharon  v.  Wooldrk-k,  18  Minn.  354. 

Thompson  v.  Myrick,  20  Minn.  205. 

Parker  v.  Duff,  47  Cal.  554. 

Secretary   Interior,   ex  parte  Hutchinson, 

July  18,  1859,  1  Lester,  499. 
Secretary  Interior,  Murray  v.  St.  Antoine, 

May  24. 1859, 1  Lester,  634. 
Secretary  Interior,  Town  of   Wabashaw, 

June  14,  1859,  1  Lester.  635. 
Secretary  Interior,  U.  P.  R.  R.  Co.  v.  Town 

of  Cheyenne,  Sept.  27,  1872,  Copp's  L.  L. 

373. 
Secretary  Interior,  Bird  et  al.  v.  State  Cal., 

May  25, 1871,  Copp's  L.  L.  444. 
Com'r  G.  L.  O.,  circular,  March  21, 1857. 1 

Lester,  627. 


Ivi 


CITATION   OF   DECISIONS. 


SIOUX  HALF-BREED  SCRIP— Continued. 

Com'r  G.  L.    O.,    circular,    Feb.  22,  1864, 

Zab.  L.  L.  310. 
Com'r    G.   L.   O.,  circular,  Feb.  22,  1864, 

Copp's  L.  L.  721. 
Com'r     G.  L.  O.,  circular,  Jan.  29,  1872, 

Copp's  L.  L.  723. 
Comr  G.  L.  O., ex  parte  Park  Silver  Mg. 

Co.,  June  26, 1874,  Copp's  L.  L.  724. 
Com'r   G.   L.  O.,  circular,  Xov.  12,  1874, 

Copp's  L.  L.  725. 
Com'r  G.  L.  O.,  Wolf  Lake,  Feb.  12, 1878, 5 

Copp's  L.  0. 19. 
Com'r  G.  L.  O.,  circular,  May  28,  1878,  5 

Copp's  L.  0. 126. 
ST.  AUGUSTIXE.  TOWN  OF— 

Com'r  G.  L.  O.,  April  20,  It34,  2  L.L  &  O. 

955. 

ST.  CHARLES,  VILLAGE  OF— 
Jarvis  v.  Gurno,  4  Mo.  458. 
Bird  r.  Montgomery,  6  Mo.  510. 
Bobbins  v .  Eckler,  36  Mo.  494. 
ST.  JOSEPH  RIVER— 

Williams  r.  Bradley,  2  Ind.  591. 
Board  of  Com'rs  v.  Pidge,  5  Ind.  13. 
ST.  LAWREXCE  RIVER— 

Xeadei  houser  r.  The  State,  23  Ind.  257. 
Moore  r.  Sanborne,  2  Mich.  520. 
ST.  LOUIS— 

Town  lots,  commons,  d-c. : 

Strother  r.  Lucas,  12  Pet  410. 
Les  Bois  v.  Bramell,  4  How.  449. 
Menard's  heirs  r.  Massey,  8  How.  293. 
Kissell  v.  St.  Louis  Public  Schools,  18  How. 

19. 

Willot  v.  Sandford,  19  How.  79. 
Carondelet  v.  St.  Louis,  1  Black.  179. 
Glasgow  et  al.  v.  Hortiz  et  aL,  1  Black,  595. 
Clark  p.  Brazeau,  1  Mo.  290. 
Mackay  r.  Dillon,  7  Mo.  7. 
Hammond  v.  St.  Louis,  8  Mo.  65. 
Trotter  v.  £oard,  <fcc.,  of  St.  Louis,  9  Mo.  69. 
Eberle  r.  Board,  &c.,  of  St.  Louis,  11  Mo. 

157. 
Kissell  v.  Board,  <fcc.,  of  St.  Louis,  16  Mo. 

553. 
City  of  Carondelet  v.  McPherson,  20  Mo. 

192. 

Smith  v.  City  of  St.  Louis,  21  Mo.  3G. 
St.  Louis  Public  Schools  r.  Hammond,  21 

Mo.  238. 

City  of  St.  Louis  v.  Toney,  21  Mo.  243. 
Maguire  v.  Page.  23  Mo.  188. 
Papin  v.  Hines,  23  Mo.  274. 
Milburn  v.  Hortiz,  23  Mo.  532. 
Tayon  r.  Hardmtn,  23  Mo.  539. 
Fine  v.  St.  Louis,  23  Mo.  5-20. 
Vasquez  v.  Ewing,  24  Mo.  31. 
Schultz  v.  LindelJ,24  Mo.  567. 
Citv  of  Carondelet  v.  City  of  St.  Louis,  25 

Mo.  448. 
St.  Louis  University  v.  McCune,  28  Mo. 

48L 

Milburn  v.  Hardy,  28  Mo.  514. 
Milbum  t>.  Hortiz,  28  Mo.  523. 
City  of  Caiondelet  v.  City  of  St.  Louis,  29 

Mo.  527. 
St.  Louis  Public  Schools  v.  Erskine,  31  Mo. 

110. 

Adams  v.  City  of  St.  Louis.  32  Mo.  25. 
St.  Louis  Gas-Light  Co.  v.  Reiss,  33  Mo.  551. 
Fine  v.  St.  Louis,  &c.,  39  Mo.  59. 
St.  Louis  Public  Schools  v.  Risley,  40  Mo. 

356. 
St.  Louis  Public  Schools  v.  Schoenthaler, 

40  Mo.  372. 
St.  Louis  Public  Schools  v.  Walker,  40  Mo. 

383. 

Glasgow  v.  Lin  dell,  50  Mo.  60. 
SURVEYS— 
Deposit  for : 

Com'r  G.  L.   O.,   circular,    May  6,   1871, 

Copp's  L.  L.  756. 
Corn'r  G.  L.  O.,  circular,  Feb.  25,   1873, 

Copp's  L.  L.  759. 
Com'r  G.  L.  O.,   ex  parte  Baca,   Sept.   10, 

1874,  Copp's  L.  L.  760. 
Com'r  G.  L.  O.,  circular,  March  5,  1880,  7 

Copp's  L.  O.  7. 


SURVEYS— Continued. 
Effect  of: 

Pollard  et  al.  v.  Dwight,  4  Cranch,  4S1. 

Taylor  &  Brown  >:.  Quarles,  5  Cranch,  234. 

Rutherford  v.  Green's  heirs,  2  Wheat.  196. 

Craig  v.  Bradford.  3  Wheat.  594. 

Taylor's  lessee  v.  Myers.  7  Wheat.  23. 

Elmendorf  v.  Taylor.  10  Wheat.  152. 

Chinoweth  r.  Haskell's  lessee,  3  Pet.  92. 

Eilicott  <fc  Meredith  r.  Peail,  10  Pet.  412. 

Brown's  lessee  v.  Clements,  3  How.  650. 

Haydel  r.  Dufresne,  17  How.  23. 

Meehan  et  al  r.  Forsythe,  21  How.  175. 

Lindsey  v.  Hawes,  2  lilack,  554. 

R.  R.  Co.  v.  McShane.  22  Wall.  444. 

Harris  v.  Burcham,  1  Wall.  jr.  C.  C.  191. 

Griffith  r.  Bradshaw,  4  Wash.  C.  C.  171. 

Hastings  r.  Stevenson.  2  Ohio,  9. 

Wycotfr.  Stevenson.  14  Ohio,  13. 

Latham  r.  Offrey,  18  Ohio,  104. 

Stubblefield  r.  Boggs,  2  Ohio  St.  216. 

Gwin  v.  Brandeau,  29  Ohio  St.  656. 

McCHntock  r.  Rodgers,  Jl  Ills.  279. 

Yates  v.  Sha^\,  24  Ills.  368. 

Houck  r.  Yates,  82  His.  179. 

Hunt  v.  Rowley,  87  Ills.  491. 

Rice  v.  Rudcliman,  10  Mich.  125. 

Jones  v.  Pettibone.  2  Wis.  308. 

Kane  r.  Parker.  4  Wis.  123. 

Brayton  r.  Merriman,  6  Wis.  14. 

Vroman  r.  Dewry,  23  Wis.  530. 

McEvoy  v.  Loyd,  31  Wis.  142. 

Ledoux  r.  Black,  5  La.  Ann.  510. 

Lytle  v.  The  State,  17  Ark.  608. 

Rector  v.  Gaines,  19  Ark.  70. 

Campbell  r.  Clark,  6  Mo.  219. 

McGill  v.  Somers,  15  Mo.  60. 

Dent  r.  Segerson,  29  Mo.  4e9. 

Gibson  ».  Choteau,  39  Mo.  536. 

Taylor*.  Woodward,  10  Cal.  90. 

Mottr.  Smith,  16  Cal.  534. 

Grogan  v.  Knight,  27  Cal.  516. 

Keeran  v.  Griffith,  31  Cal.  462. 

Serrano  v.  Ransom,  47  Cal.  52. 

3  Op.  Alt.  Gen.  697. 

Coiu'rG.  L.  O.,  ex  parte  Knott,  Dec.  22, 

1875,  2  Copp's  L.  O.  146. 
Mistake  in  : 

Shipp  v.  Miller's  heirs,  2  Wheat.  316. 

Bernard's  heirs  f.  Ashley's  heirs,  18  How. 

43. 

Coon  v.  Pew,  1  Pet.  C.  C.  496. 
Mitchell  v.  Thompson,  1  McLean,  C.  C.  96. 
Harlan  r.  Thatcher,  18  Ohio,  48. 
Hamil  v.  Carr,  21  Ohio  St.  258. 
Martz  r.  Williams,  67  Ills.  306. 
Martin  v.  Carlin,  19  Wis.  4o4. 
Moreland  v.  Page,  2  Iowa,  72. 
Kittridge  r.  Laudry,  2  Rob.  (La.)  72. 
Xolin  v.  Parmer,  21  Ala.  6ti. 
Rector  v.  Gaines,  19  Ark.  70. 
Private  .- 

Smith  v.  United  States,  10  Pet.  326. 
United  States  v.  Hanson,  16  Pet.  196. 
Mackey  r.  Dillon,  4  How.  4-21. 
Bissell  v.  Penrose,  8  How.  317. 
Op.  Att.  Gen.,  Nov.  5,  Ic75. 
Rules  of: 

Bodley  v.  Taylor,  5  Cranch,  1. 
Taylor  v.  Walton,  1  Wheat.  141. 
Johnson  v.  Pannell's  heirs.  2  Wheat.  206. 
McDowell  v.  Peyton,  10  Wheat.  454. 
Littlepager.  Fowler,  11  Wheat.  215. 
McDonald's  heirs  v.  Sraalley,  6  Pet.  261. 
Cochrau's  lessee  r.  Xelson,  3  How.  187. 
Gazzam  v.  Phillip's  lessee,  20  How.  37-2. 
Bates  v.  I.  C.  R.  R.  Co.,  I  Black,  204. 
Railroad  Co.  t?.  Schurmeir,  7  Wall.  272. 
Hedrick  r.  Hughes,  15  Wall.  123. 
County  of  St.  Claire  v.    Lovingston,  23 

Wall.  4ti. 

Morrow  r.  Whitney,  5  Otto,  551. 
Buel  v.  Tuley,  4  McLean,  C.  C.  268. 
Robinson  r.  Moore,  4  McLean,  C.  C.  279. 
Barnard  v.  Ashley,  Hemp.  C.  C.  665. 
McKinney  r.  McKiuney,  8  Ohio  St.  423. 
Jones  v.  Kirnble,  19  Wis.  4-J9. 
Clute  v.  Briggs,  22  Wis.  607. 
Boorman  v.  Sunnucks.  42  Wis.  233. 


CITATIOH    OF   DECISIONS. 


Ivii 


SUE  VETS—  Continued. 
Itulesof: 

Moreland  v.  Page,  2  Iowa,  139. 
Musser  v.  Hershey,  42  Iowa,  356. 
Lawrence  v.  Groat,  12  La.  Ann.  835. 
Waters  v.  Commons,  2  Port.  (Ala.)  38. 
Lewen  v.  Smith,  7  Port.  (Ala.)  428. 
Wbarton  v.  Littlefield,  30  Ala.  245. 
Billingsley  v.  Bates,  30  Ala.  376. 
Campbell  v.  Clark,  8  Mo.  553. 
Reed  v.  Conway,  20  Mo.  22. 
Reed  v.  Conway,  26  Mo.  13. 
Clarke  v.  Haniinerle.  36  Mo.  620. 
Knight  v.  Elliott,  57  Mo.  317. 
tf  Frazier  v.  Bryant,  59  Mo.  121. 

Vaughn  v.  Tate,  (54  Mo.  491. 
Lamers  v.  Nissen,  4  Neb.  245. 
Goodman  v.  Myrick,  5  Oreg.  65. 
Eobinson  v.  Forrest,  29  Cal.  317. 
People  v.  Henderson,  40  Cal.  29. 
Oakley  v.  Stuart,  52  Cal.  521. 
Shoemaker  v.  Hatch,  13  Nev.  261. 
1  Op.  Att.   Gen.  323;    2  id.  57;    3  id.  281, 

284. 
Secretary  Treasury,  circular,   March.   15, 

1805,  2  L.I.  &O/254. 
Secretary  Interior,  Jan.  28,  1880,  6  Copp's 

L.  0. 175. 
Com'r  G.  L.  O.,  instructions,  May  2,  1828, 

2  L.  I.  &  O.  407. 
Com'r  G.  L.  O.,  circular,  May  25,  1831,  2  L. 

I.  &  O.  449. 
Com'r  G.  L.  O.,  instructions,  Oct.  12,  1832, 

2  L.  I.  &  O.  468. 
Com'r  G.  L.  O.,  instructions,  June  17,  1823, 

2  L.  I.  &  O.  716. 
Com'r  G.  L.  O.,  instructions,  Aug.  13,  1823, 

2  L.  I.  &  O.  721. 
Com'r  G.  L.  O.,  instructions,  Aug.  21, 1834, 

2  L.  I.  &  O.  843. 
Com'r  G.  L.  O.,  instructions,  July  28,  1831, 

2  L.  I.  &  O.  915. 
Com'r  G.  L.  O.,  circular,  May  8,  1S32,  2  L. 

I.  &  O.  933. 
Com'r  G.  L.  0.,  instructions,  Aug.  23, 1832, 

2  L.  I.  &  O.  938. 
Com'r  G.  L.  O.,  instructions,  Dec.  30,  1836, 

2  L.  I.  &  O.  970. 
Com'r  G.  L.  O.,  circular,  Feb.  22,  1855,  1 

Lester,  703. 

Com'r  G.  L.  O.,  Nov.  16, 1854, 1  Lester,  728. 
.      -Com'r  G.  L.  O.,   circular,  July  24,   1873, 

Copp's  L.  L.  7CO. 
Com'r  G.  L.  O.,  instructions,  March.  13, 

1874,  Copp's  L.  L.  7(51. 
Com'r  G.  L.  O.,  ex  parte  Diller,  April  20, 

1874,  Copp's  L.  L.  762. 
Com'r  G.  L.  O.,  ex  parte  Woodworth,  Nov. 

9,  1874,  Copp's  L.  L.  763. 
Com'r  G.  L.  O.,  Feb.  20, 1874,  Copp's  L.  L. 

763. 
Com'r  G.  L.   O.,   circular,  July  13,  1874, 

Copp's  L.  L.  765. 
Com'r  G.  L.  O.,  circular,  Dec.  1, 1874,  Copp's 

L.  L.  766. 
Com'r  G.  L.  O.,  circular,  June  26,  1880,  7 

Copp's  L.  O.  92. 
SOSCOL  RANCHO— 

Hastings  v.  McGrogin,  27  Cal.  85. 
Pago  v.  Hobbs,  27  Cal.  484. 
Page  v.  Fowler,  28  Cal.  605. 
Page  v.  Fowler,  37  Cal.  100. 
Hulton  v.  Frisbie,  37  Cal.  475. 
Durfee  v.  Plaisted,  38  Cal.  80. 
Frisbie  v.  Marques,  39  Cal.  451. 
Tormey  v.  True,  45  Cal.  105. 
Sheehy  v.  True,  45  Cal.  236. 
Thompson  v.  True,  48  Cal.  601. 
11  Op.  Att.  Gen.  490. 
Com'r  G.  L.  O.,  Jan.  13, 1866. 
SWAMP  GRANT— 
Arkansas : 

Secretary  Interior,  May  5,  1877,  4  Copp's 

L.  O.  (53. 
Effect  of  grant : 

Railroad  Company  v.  Fremont  County,  9 

Wall.  89. 

Railroad  Company  v.  Smith,  9  Wall.  95. 
Martin  v.  Marks,  7  Otto,  345. 


SWAMP  GRANT—  Continued. 
Effect  of  grant : 

American  Emigrant  Co.  v.  County  of  Ad- 
ams, 10  Otto,  61. 
American     Emigrant    Co.    v.    County   of 

Wright,  Sup.  Ct.,  Dec.  term,  1877. 
Supervisors,  &c.,   v.  State's  Attorney,  31 

Ills.  68. 

Grantham  v.  Atkins,  63  Ills.  359. 
Thompson  v.  Prince,  67  Ills.  281. 
Keller  v.  Brickey,  78  Ills.  133. 
Busche  v.  Donohue,  31  Mich.  481. 
Dole  v.  Turner,  34  Mich.  405. 
Barrett  v.  Brooks,  21  Iowa,  144. 
Fremont  County  v.  B.  &  M.  R.  R.  Co.,  22 

Iowa,  91. 

Boynton  v.  Miller,  42  Iowa,  579. 
C   R.  I.  &  P.  R.  R.  Co.  v.  Brown,  40  Iowa, 

333. 
American  Emigrant  Company  v.  C.  R.  I. 

&  P.  R.  R.  Co.,  47  Iowa,  515. 
Fletcher  v.  Pool,  20  Ark.  100. 
Branch  v.  Mitchell,  24  Ark.  432. 
Rmge  v.  Rotan,  29  Ark.  56. 
H.  &  St.  J.  R.  R.  Co.  v.  Smith,  40  Mo.  310. 
Foster  v.  Evans,  51  Mo.  39. 
Clarkson  v.  Buchanan,  53  Mo.  563. 
Campbell  v.  Wortman,  58  Mo.  258. 
Masterson  v.  Marshall,  65  Mo.  94. 
Gaston  v.  Scott,  5  Oreg.  48. 
Owens  v.  Jackson,  9  Cal.  322. 
Summers  v.  Dickinson,  9  Cal.  354. 
Kile  v.  Tubbs,  23  Cal.  431. 
Keeran  v.  Griffith,  27  Cal.  87. 
Keeran  v.  Allen,  33  Cal.  542. 
Wright  v.  Carpenter,  47  Cal.  436.     . 
Thompson  v.  Thornton,  50  Cal.  142. 
Sutton  v.  Fassett,  51  Cal.  IsJ. 
9  Op.  Att.  Gen.  253;  II  id.  467;  March  4, 

1878. 
Secretary  Interior,  June  21,  1856, 1  Lester, 

555. 
Secretary   Interior,  Jan.  8,  1858, 1  Lester, 

5-J8.      ' 
Secretary  Interior,  Dec.  2, 1874,  Copp's  L.  L. 

475. 
Secretary  Interior,  Dec.  10, 1874,  Copp's  L. 

L.  435.' 
Secretary  Interior,  June  28, 1880,  Copp's  L. 

L.  770. 
Execution  of  trust  by  State : 

American     Emigrant    Co.    v.   County  of 

Adams,  10  Otto,  61. 
American    Emigrant   Co.    v.    County   of 

Wright,  Sup.  Ct.,  Dec.  term,  1877. 
State  v.  Hastings,  HWis.448. 
Barrett  v.  Brooks,  21  Iowa,  144. 
Keltner  v.  Story  County,  23  Iowa,  35. 
Page  County  v.  B.  &  M.  R.  R  Co.,  40  Iowa. 

5-20. 

Dunklin  Co.  v.  Dist.  Court,  23  Mo.  449. 
Kimball  v.  Reclamation  Fund  Com'rs,  45 

Cal.  344. 
Illinois : 

Secretary  Interior,  Feb.  2,  1874,   1  Copp's 

L.  O.  23. 
Secretary  Interior,  May  2,  1878,  5  Copp's 

L.  O.  124. 
Secretary  Interior,  April  5,  1880,  7  Copp's 

L.  O.  27. 
Secretary  Interior,  April  6,  1880,  7  Copp's 

L.  O.  a8. 
Secretary  Interior,  June  28,  1880,  7  Copp's 

L.  O  70. 
Com'r  G.  L.  O.,  Feb.  17,  1879,  7  Copp's  L. 

0.9. 
Indemnity  : 

American    Emigrant    Co.    v.    County  of 

Adams,  10  Otto,  61. 
Fletcher  v.  Pool,  20  Ark.  100. 
11  Op.  Att.  Gen.  467;   July  25,  1877. 
Secretary  Interior,  Feb.  2,  1874,  Copp'sL. 

Secretary  Interior,  July  25,  1877,  4  Copp's 

L.0.92. 
Secretary  Interior,  May  2,  1878,  5  Copp's 

L.  0. 124. 
Secretary  Interior,  Aug.  20, 1878, 5  Copp'sL. 

0. 173.' 


Iviii 


CITATION    OF   DECISIONS. 


SWAMP  GRANT—  Continued. 
Indemnity  : 

Secretary  Interior,  Dec.  9,  1878,  7  Copp's 

L.  0. 9. 
Secretary  Interior,  April  6, 1880, 7  Copp's  L. 

O.28. 
Com'r  G.  L.  O.,  March  18,  1872,  Copp's  L. 

L.  479. 
Minnesota  : 

Secretary  Interior,  Dec.   4,  1877,  4  Copp's 

L.  0.149. 
Missouri  : 

Com'r  G.  L.  0.,  March  23,  1872.  Copp's  L. 

L.  482. 
Nebraska  .- 

Com'r  G.  L.  O.,  Jan.  19,  1874,   1  Copp's  L. 

0.5. 
Nevada : 

Com'r  G.  L.  O.,  May  2,  1871,  1  Copp's  L. 

O.  5. 
Oregon  : 

Secretary   Interior,  Dec.    2,   1874,  Copp's 

L. L.  475. 
Secretary  Interior,   Dec.  2,  1^76,  3  Copp's 

it.  0.  172. 
Secretary  Interior,   Jan.  6,   1879,  5  Copp's 

L.  O.  170. 
Secretary  Interior,  April  15, 1880,  7  Copp's 

Secretary'  Interior,  June  4,  1880,  7  Copp's 

L.  O.  53. 
Patent*  : 

French  v.  Fyan,  et  al.,  3  Otto,  169. 

Smith  v.  Gobdell.  i  6  Ills.  450. 

Att'y-Gen'l  v.  Thomas,  31  Mich.  365. 

Gaston  v.  Scott,  5  Oreg.  48. 

Owens  v.  Jackson,  9  Cal.  322. 

Summers  v.  Dickerson,  9  Cal.  554. 

People  v.  Stratton,  ','5  Cal.  242. 

Keeran  v.  Griffith,  27  Cal.  87. 

Carder  v.  Baxter,  28  Cal.  £9. 

Robinson  v.  Forrest,  29  Cal.  317. 

Keeran  v.  Griffith,  31  Cal.  462. 

Randall  v.  Fay,  32  Cal.  354. 

Keeran  v.  Alien.  33  Cal.  542. 

Keeraii  v.  Griffith,  34  Cal.  5hO. 

Kimball  v.  Reclamation  Fund  Com'rs,  45 

Cal.  344. 

Read  v.  Caruthers,  47  Cal.  181. 
JIahen  v.  Richardson,  50  Cal.  333. 
9  Op.  Att.  Gen.  253. 
Secretary  Interior,  Dec.  23,  1851,  1  Lester, 

549. 
Secretary  Interior,  Jan.  14,  1856,  1  Lester, 

554. 
Secretary  Interior,  Dec.  29,  1857,  1  Lester, 

557. 
Secretary  Interior,  Oct.  24,  1858,  1  Lester, 

5G2. 
Secretary  Interior,  Nov.  1,  1858,  1  Lester, 

5C3.      ' 
Secretary  Interior,  Dec.  2,  1858,  1  Lester, 

565. 
Secretary  Interior,  June  25,  1869,  1  Lester, 

569.      ' 
Secretary  Interior,  June  22,  1859,  1  Lester, 

570. 
Secretary  Interior,  April  15,  1880,  7  Copp's 

L.  O.  28. 
Secretary  Interior,  June  4, 1880,  7  Copp's  L. 

O.  53. 
Purchasers  from  State  : 

American  Emigrant  Co.  v.  County  of  Ad- 
ams, 10  Otto,  61. 

People  v.  State  Treasurer,  7  Mich.  365. 
Remeau  r.  Mills,  24  Mich.  15. 
Att'y-Gen'l  v.  Smith,  31  Mich.  359. 
Att'y-Gen'l  v.  Thomas,  31  Mich.  365. 
Davis  v.  Filer,  40  Mich.  310. 
Barden  v.  Smith,  7  Wis.  439. 
Mowry  v.  Smith.  10  U  is.  509. 
Conklin  v.  Hawthorn,  29  Wis.  476. 
Rogers  v.  Voss,  6  Iowa,  405. 
Gwyn  v.  Decatur,  9  Iowa,  278. 
Calvin  ».  McCosky,  9  Iowa,  585. 
Wilson  v.  McLernan,  20  Iowa,  30. 
Spitel  v.  Scofield,  43  Iowa,  571. 
State  v.  Register,  48  Mo.  59. 
Owens  v.  Jackson,  9  Cal.  322. 


SWAMP  GRANT—  Continued. 
Purchasers  from  State  : 

Montgomery  v.  Carson,  16  Cal.  189. 
Kilev.  Tubbs,  23  Cal.  431. 
People  v.  Morrill,  26  Cal.  336. 
Thornton  v.  Thompson,  28  Cal.  602. 
McNear  v.  Hutchinson,  31  Cal.  177. 
Taylor  v.  Underbill,  40  Cal.  471. 
Borland  v.  Lewis,  43  Cal.  569. 
Kimball  v.  Reclamation  Fund  Com'rs,  45 

Cal.  344. 

Cox  v.  Jones,  47  Cal.  412. 
Edwards  v.  Estell,  48  Cal.  194. 
Allen  v.  Dale  50  Cal.  80.  % 

Ringstorf  v.  Guth,  50  Cal.  86. 
Mahen  v.  RicUardson,  50  Cal.  333. 
Keena  v.  Doherty,  51  Cal.  3. 
Farran  v.  Board  of  bupervisors,  51  Cal.  307. 
Toakum  r.  Brower,  52  Cal.  373. 
Selections,  mode  and  effect  of  &c. : 

Secretary  Interior,  Sept.  6,  1856,  1  Lester, 

339. 
Secretary  Interior,  Dec.   3,   1851, 1  Lester, 

549.      ' 
Secretary  Interior,  Sept.  18, 1855, 1  Lester, 

Secretary  Interior,  Jan.  15,  1856,  1  Lester, 

5o5. 
Secretary  Interior,  Nov.  1,  1858,  1  Lester, 

563. 
Secretary  Interior,  April  20,  1859, 1  Lester, 

568.     ' 
Secretary  Interior,  May  21,  1859,  1  Lester, 

569. 
Secretary  Interior,  Oct.  13,  1876,  3  Copp's 

L.  O.  li9. 
Secretary  Interior,  April  5,  1880,  7  Copp's 

L.  O.  27. 
Secretary  Interior,  April  15, 1880,  7  Copp's 

L.  O.  28. 
Secretary  Interior,  June  4,  1880,  7  Copp's 

L.  O.  53. 

Com'r  G.  L.  O.,  Nov.  21,  1850, 1  Lester,  543. 
Com'r  G.  L.  O.,  Feb.  11,  18.S6,  1  Lester,  545. 
Com'r  G.  L.  O.,  Jan.  22,  leoR,  1  Lester.  559. 
Coui'r  G.  L.  O.,  Jan.  27, 1876, 2 Copp's  L.O. 

ItO. 
Survey  of: 

Secretary  Interior,  Dec.  12,  1878,  6  Copp's 

L.  O.  29. 

Com'r  G.  L.  O.,  Nov.  21,  1P50, 1  Lester,  543. 
Com'r  G.  L  O.,  Nov.  — ,  1855, 1  Lester,  705. 
Com'r  G  L.  O.,  Feb.  22,  1855,  1  Lester,  718. 
Swampy  character,  proof  of: 

Secretary  Interior,  July  7,  1855,  1  Lester. 

552. 

Secretary  Interior,  Oct.  4, 1855, 1  Lester,  553. 
Secretary  Interior,  Nov.  18,  1856,  1  Lester, 

556. 
Secretary  Interior,  Aug.  12,  1858,  1  Lester, 

561. 
Secretary  Interior,  Jan.  17,  1859,  1  Lester, 

5C7. 
Secretary  Interior,  May  21,  1859,  1  Lester, 

Secretary  Interior,  Aug.  1,  1859,  1  Lester, 

571. 
Secretary  Interior,  Dec.  2,  1874,  Copp's  L. 

L  475. 
Secretary  Interior,  Oct.  13,  1876,  3  Copp's 

L.  O. 119. 
Secretary  Interior,  Jan.  6,  1879,  5  Copp's 

L.  O.  179. 
Secretary  Interior,  Dec.  28,  1877,  5  Copp's 

L.  O.  22. 
Secretary  Interior,  June  4,  1880,  7  Copp's 

L.  O.  53. 

Com'r  G.  L.  O  ,  Nov.  21,  1850, 1  Lester,  543. 
Com'r  G  L.  O .,  Feb.  11.  It58,  1  Lester,  545. 
Com'r  G.  L.  O  ,  Dec.  21,  1^53, 1  Lester,  5n. 
Com'r  G.  L.  O..  Jan.  22,  1858,  1  Lester,  559. 
Com'r  G.  L  O.,Jan.  15,  1874,Copp'sL  L.  472. 
Com'r  G.  L.  O.,  March  20,  1874,  1  Copp's 

L.  O.  35. 

Com'r  G.  L.O.,May  5, 1874,  1  Copp's  L.  O  39. 
Com'r  G.  L.  O.,  Jan.  27,  1876,  2  Copp's  L. 

O.  180. 
Com'r  G.  L.  0.,  Dec.  9,  1878,  7  Copp's  L. 

O.9. 


CITATION   OF   DECISIONS. 


lix 


SYMMES,  JOHN  CLEVE,  PURCHASE— 

American  State  Papers,  vol.  1C,  pp.  67, 127. 
Reynolds  v.  McArthur,  2  Pet.  417. 
Ewing  v.  Bnrnet,  11  Pet.  41. 
Harmer  v.  Morris.  1  McLean,  C.  C.  44. 
Bnel  v.  Tuley,  4  McLean,  C.  C.  268. 
2  Op.  Att.  Gen.  246. 
2  L.  I.  &  O.  231,  240,  252,  770,  774. 
TAXATION— 

Effect  of  tax  sale. : 

Stewart  v.  Parish,  6  Ohio,  477. 
Wallace  v.  Seymour,  7  Ohio,  156. 
Douglas  v.  Dangerfield,  14  Ohio,  522. 
Groynne  v.  Niswanjier,  15  Ohio,  368. 
Miliker  v.  Starling,  16  Ohio,  61. 
Harlaii  v.  Thatcher,  18  Ohio,  48. 
Groynne  v.  Niswanger,  18  Ohio,  400. 
Groynne  v.  Niswanger,  20  Ohio,  556. 
Clark  v.  Southerland,  16  Ohio  St.  408. 
Matthews  v.  Rector,  24  Ohio  St.  439. 
Thompson  v.  Prince,  67  Ills.  281. 
Gaither  v.  Lauson,  31  Ark.  279. 
Sensenderfer  v.  Smith,  66  Mo.  80. 
Foreign  grants  : 

Board  of  Com'rs  v.  Cent.  Colo.  Imp.  Co.,  5 

Otto,  259. 
Board  of  Com'rs  v.  Cent.  Colo.  Imp.  Co.,  2 

Colo.  6-28. 

Robinson  v.  Gaar,  6  Cal.  273. 
Palmer  v.  Eoling,  8  Cal.  384. 
Moore  v.  Smaw,  17  Cal.  199. 
Rich  v.  Maples,  33  Cal.  102. 
Indian  lands  : 

The  Kansas  Indians,  5  Wall.  737. 
Swape  v.  Purdy,  1  Dillon,  C.  C.  349. 
Peck  v.  Miami'Co.,  4  Dillon,  C.  C.  307. 
Jarricgton  v.  Wilson,  29  W.  is.  383. 
Quiuney  v.  Town  of  Stockbridge,  33  Wis. 

505. 

Blue  Jacket  v.  Com'rs,  &c.,  3  Kans.  299. 
Com'rs,  <fec.,  v.  Wau-zop-pe-che,  3Kans.  364. 
Parker  v.  Wiuser,  5  Kans.  302. 
Com'rs  Douglas  Co.  v.  U.  P.  R.  R.  Co.,  5 

Kans  615. 
Com'rs  Miami  Co.  fl.Breckenridge,  12Kans. 

114. 
Legislative  contracts  for  exemption : 

State  of  New  Jersey  v.  Wilson,  7  Cranch, 

164. 

Spooner  v.  McConnell,  1  McLean,  C.  C.  337. 
Mattheny  v.  Golden,  5  Ohio  St.  361. 
The   People   v.  The  Auditor   General,   9 

Mich.  134. 
First  Division  R.  R.  Co.  v.  Pachor,  14  Minn. 

87. 

State  v.  W.  &  St.  P.  R  R.  Co.,  21  Minn.  315. 
State  v.  W.  &  St.  P.  R.  R.  Co.,  21  Minn.  472. 
Fisher  v.  Wisner,  34  Iowa,  447. 
Mayor  of  New  Orleans  et  al.  v.  Picquet,  2 

La.  474. 

Bishop  v.  Marks,  15  La.  Ann.  147. 
State  of  Arkansas  v.  County  Court,  &c.,  19 

Ark.  360. 

The  People  v.  Morrison,  22  Cal.  73. 
Power  of  States  to  tax.  &c. : 

Witherspoon  v.  Duncan,  4  Wall.  210. 
McGoon  v.  Scales,  9  Wall.  23. 
When  lands,  originally  public,  become  subject  to  : 
Witherspoou  v.  Duncan,  4  Wall.  210. 
McGoon  v.  Scales,  9  Wall.  23. 
Railway  Co.  v.  Prescott,  16  Wall.  603. 
Railway  Co.  v.  McShane,  22  Wall.  444. 
Forbes  v.  Gracey,  4  Otto,  762. 
A strom  v.  Hammond.  3  McLean,  C.  C.  107. 
Carroll  v.  Perry,  4  McLean,  C.  C.  25. 
TJ.  P.  R.  R.  Co.  v.  McShaue,  3  Dillon  C.  C. 

3i,4. 
Hunnell  v.  B.  &  M.  R.  R.  Co.,  3  Dillon,  C.  C. 

313. 

Sands  v.  Davis,  40  Mich.  14. 
Ross  v.  Board  of  Supervisors,  12  Wis.  29. 
McKay  v.  Board  of  Supervisors,  12  Wis.  46. 
Lefli'rts  v.  Board  of  Supervisors,  21  Wis. 

6*8. 

Kalder  v.  Kugan,  30  Wis.  126. 
Whitney  v.  Gunderson,  HI  Wis.  359. 
Whitney  v.  Nelson,  33  Wis.  3U5. 
Eaton  v.  Lyman,  3:t  Wis.  34. 
Minnesota' v.  Bachelder,  5  Minn.  223. 


TAXATION—  Continued. 

When  lands,  originally  public,  become  subject  to  : 
Des  Moines  Navigation  Co.  v.  Co.  of  Polk, 

10  Iowa,  1. 

Tall  man  v.  Treasurer,  12  Iowa,  531. 
Stockdale  v.  Treasurer  of  Webster  Co.,  12 

Iowa,  536. 

Stryker  v.  Polk  Co.,  22  Iowa,  131. 
Goodrich  v.  Beaman,  37  Iowa.,  f<63. 
Litchtield  v.  Co.  of  Hamilton,  40  Iowa,  66. 
I.  F.  &  S.  C.  R.  R.  Co.  v.  Plymouth  Co.,  40 

Iowa,  619. 
S.  C.  &  St.  P.  R.  R.  Co.  v.  Co.  of  Osceola, 

4*  Iowa,  318. 
C.  R.  &  M.  R.  R.Co.  v.  Co.  of  Sac,  46  Iowa, 

343. 

Scott  v.  Chickasaw  Co.,  46  Iowa,  253. 
Witherspoon  v.  Duncan,  21  Ark.  240. 
K.  P.  R.  R.  Co.  v.  Culp,  9  Kans.  38. 
Hobson  v.  Dutton,  9  Kans.  477. 
M.  R.  F.  S.  &  G.  R.  R.  Co.  v.  Morris,  13 

Kans.  302. 

Com'rs  &c..  v.  Shipman,  14  Kans.  532. 
Oswalt  v.  Hallowell,  15  Kans.  154. 
Prescott  v.  Beebe,  17  Kans.  320. 
Franklin  v.  Kelly,  2  Neb.  79. 
Hagenbuck  v.  Reed,  3  Neb.  17. 
White  v.  B.  &.  M.  R.  R.  Co.,  5  Neb.  393. 
Bellengerv.  White,  5  Neb.  399. 
Donovan  v.  Kloke,  6  Neb.  124. 
Iviiison  v.  Hance,  1  Wyoming,  270. 
Puget   Sound  Agricultural   Co.  v.  Pierce 

Co.,  1  Wash.  Ty.  180. 
Hicks  v.  Bell,  3  Cal.  219. 
State  v.  Moore.  12  Cal.  56. 
People  v.  Shearer,  30  Cal.  645. 
People  v.  Frisbe,  31  Cal.  146. 
People  v.  Coli en,  31  Cal.  210. 
People  v.  B.  D.  C.  M.  Co.,  37  Cal.  54. 
C.  P.  R.  R.  Co.  v.  Howard,  51  Cal.  230. 
C.  P.  R.  R.  Co.  v.  Howard,  52  Cal.  227. 
Halo  &  Norcross  v.  Storey  Co.,  1  Nev.  104. 
People  v.  Logan,  1  Nev.  109. 
State  v.  Real  Del  Monte  Co.,  1  Nev.  £23. 
2L.  I.  &O.  14. 

1  Copp's  L.  0. 155 ;  2  id.  115,  148 :  7  id.  6. 
TENANTS  BY  TbE  CURTESY— 

McDaniel  v.  Grace,  15  Ark.  465. 
TENANTS  IN  COMMON,  JOINT    TENANTS, 

AND  JOINT  ENTRIES— 
McClung  v.  Ross,  5  Wheat.  116. 
Willison  v.  Watkins,  3  Pet.  43, 
Lamb  v.  Wakeneld,  1  Saw.  C.  C.  251. 
The  Four-Twenty  Mining  Co.  v.  The  Bull- 
ion Mining  Co.,  3  Saw.  C.  C.  634. 
In  re  Swearinger  &  Lamar,  5  Saw.  C.  C.  52. 
Challefoux  v.  Ducharme,  4  Wis.  554. 
Whitney  v.  Morrow,  34  Wis.  644. 
Taber  v.  Levi,  Morris  (Iowa)  372. 
Teltord  v.  Barney.  1  Greene  (Iowa),  575. 
Haight  v.  City  of  Keokuk,  4  Iowa,  405. 
Patten  ?>.  Ashley,  8  Ark.  290. 
Gaines  v.  Hale,  16  Ark.  9. 
Ashley  v.  Rector,  20  Ark.  359. 
Gillette  v.  Gaffney,  3  Colo.  351. 
Waring  v.  Crow,  11  Cal.  366. 
Mahoney  v.  Van  Winkle,  21  Cal.  552. 
Rowe  v.  Bacigalluppi,  21  Cal.  633. 
Coleman  v.  Clements,  23  Cal.  245. 
Bradley  v.  Hark  ins.  26  Cal.  69. 
Goller  v.  Fett,  30  Cal.  481. 
Lawrence  v.  Ballou,  37  Cal.  518. 
Frisbie  v.  Marques,  39  Cal.  451. 
Broad  v.  Broad,  40  Cal.  493. 
Strang  v.  Ryan,  46  Cal.  33. 
Moreiiuautv.  Wilson,  52  Cal.  226. 
Mallett  v.  The  Uncle  Sam.  Mg.  Co.,  1  Nev. 

188. 

Downes  v.  Scott,  3  Rob.  (La.)  84. 
Secretary  Interior,  Jan.  8,  1858,  Laughton, 

v.  Caldwell,  1  Le«t<  r  3f<7. 
Secretary  Interior,  Sept.  22,  1859,  Roosa  v. 

Schepp,  1  Lester  393. 
Secretary  Interior,  Dec.  19,  1872,  Hyatt  v. 

Smith,  Copp's  L.  L.  409. 
Secretary  Interior,  Dec.  16,  1873,  Davis  v. 

McClay  et  al.,  1  Copp's  L.  O.  6. 
Secretary  Interior,  April  8,  Is75,  Powell  v. 

Beatty,  2  Copp's  L.  O.  115. 


Ix 


CITATION   OF   DECISIONS. 


TENANTS  IN  COMMON,  JOINT  TENANTS, 

AND  JOINT  ENTRIES—  Continued. 
Secretary  Interior  May  8,  1880,  O'Leary  v. 

Zollars,  7  Copp's  L.  O.  38. 
Com'r  G.  L.  O.,  March  31,  1873,  circular, 

Copp's  L.  L.  301. 
Com  r  G.  L.  O.,  March  18,  1870,  circular, 

Copp's  L.  L.  452. 
Com'r  G.  L.  O.,  April  15,  1873,  circular, 

Copp's  L.  L.  668. 
Com'r  G.  L.  O.,  June  8, 1874,  Vennigerholtz 

v.  McE>nnon  et  aL,  6  Copp's  L.  O.  154. 
TIMBER  DEPREDATIONS— 

United  States  v.  Brisrgs,  9  How.  351. 
Cotton  v.  United  States,  11  How.  229. 
United  States  v.  Cook,  19  Wall.  591. 
United  States  v.  Nelson,  5  Saw.  C.  C.  68. 
Schulenberg  v.  Harriman,  2  Dillon,  C.  C. 

398. 

"Woodruffs.  Roberts,  4  La.  ATITI   127. 
Brock  v.  Smith,  14  Ark.  431. 
James  v.  Snelson,  3  Mo.  278. 
Turley  v.  Tucker.  6  Mo.  583. 
Bower  v.  Higbee,  9  Mo.  259. 
Kuton  ».  Audsley,  19  Mo.  362. 
Ballou  v.  O'Brien,  20  Mich.  304. 
Grant  v.  Smith,  26  Mich.  201. 
Johnson  v.  Ballou,  28  Mich.  379. 
Stave  v.  Commissioner,  19  Wis.  237. 
Paine  v.  White,  21  Wi.s.  423. 
Hughill  v.  Wilson,  Morris  (Iowa),  383. 
Kansas  v.  Harold,  9  Kans.  104. 
Stevens  v.  Perrier,  12  Kans.  297. 
Peck  v.  Brown,  5  Nev.  81. 
Eureka  Mg.  Co.  v.  Way,  9  Nev.  349. 
1  Lester,  465.  note. 
Com'r  G.  L.  O.,  circular,  Dec.  24,  1855,  Zab. 

L. L.  feed. 
Com'r  G.  L.  O.,  circular,  Sept.   1,  1865,  Zab. 

L.  L.  891. 
Com'r  G.  L.   O.,  circular,    Dec.  24,  1855, 

Copp's  L.  L.  658. 
Com'r  G.  L.  O.,  circular,  June  29,  1874,  1 

Copp's  L.  O.  102. 
Com'r  G.  L.  O..  circular,  May  2,  1877,  4 

Copp's  L.  O.  55. 
TOLEDO,  CITY  OF— 

Grant  for  public  hiyhicay  and  for  sewerage  and 

water  purposes: 
Hubbard  v.  City  of  Toledo,  21  Ohio  St. 

379. 
TOWN  SITES— 

Act  of  May  23, 1844: 

Stark  v.  Starr,  6  Wall.  402. 

Stark  v.  Starr,  1  Saw.  C.  C.  15. 

Lownsdale  v.  City  of  Portland,  1  Deady, 

C.  C.  H. 

Rootw.  Shields,  1  Woolw.  C  C.  340. 
Cash  &.  Spalding,  appellants,  6  Mich.  193. 
Clarke  v.  Roy,  20  Wis.  478. 
Perry  v.  Superior  City,  26  Wis.  66. 
Leech  v.  Rauch,  3  Minn.  448. 
Castner  v.  Gunther,  6  Minn.  63. 
Maxtield  v.  Kierbauer,  8  Minn.  413. 
Weisberger  v.  Tenney,  8  Minn.  456. 
Cathcart  v.  Kortam,  11  Minn  45. 
City  of  Winonar.  Huff,  11  Minn.  119. 
Carson  v.  Smith,  12  Minn.  546. 
Coy  v.  Coy,  15  Minn.  119. 
Wintield  Town  Co.  v.  Morris,  It  Kans.  128. 
Independence  Town    Co.    o.  DeLong,    11 

Kans.  152. 

Sherry  v.  Sampson,  11  Kans.  611. 
McTaggert  v.  Harrison.  12  Kans.  62. 
Emmett  v.  DeLong,  12  Kans.  67. 
Seller  v.  Avery,  15  Kans.  157. 
Towsley  v.  Johnson,  1  Neb.  95. 
Tecumseh  Town-site  Case,  3  Neb.  267. 
Burbank  v.  Ellis,  7  Neb.  156. 
Marlin  v.  T'Vanlt,  1  Oreg.  77. 
Lownsdale  v.  City  of  Portland,  1  Oreg.  381. 
Whitelowe  v.  Reese,  4  Oreg.  335. 
Robinson  v.  Imperial  S.  Mg.  Co.,  &c.,  5 

Nev.  44. 

Treadway  v.  Wilder,  8  Nev.  91. 
Treadway  r.  Wilder,  9  Nev.  67. 
Doll  v.  M'eador,  16  Cal.  296. 
Ricks  v.  Reed,  19  Cal.  551. 
Ryan  v.  Tomlinson,  31  Cal.  2. 


TOWN  SITES—  Continued. 
Act  of  May  23,  1844  : 

Secretary  Interior,  Clay  City,  April  13, 1859, 

1  Lester,  4^-2. 
Secretary  Interior,  Superior  City,  July  26, 

1653,  1'Lester,  432. 
Secretary  Interior,  Superior  City,  Sept.  18, 

1859, 1  Lester.  443. 
Secretary  Interior,  Keposia,  Aug.  18, 1856,1 

Lester,  431. 
Secretary  Interior,  Monticello,  July  9, 1858, 

1  Lester,  435. 
Secretary  Interior,  Plattsburg,  Nov.  5, 1858, 

1  Lester,  44 1. 
Secretary  Interior,   Wabashaw,  June   14, 

1859,1  Lester,  635. 
Com'r  G.  L.  O.,  Portland  City,  Oct.  18, 1858. 

1  Lester,  437. 
Act  of  May  23,  1664: 

Cotield  v.  McClellan  1  Colo.  370. 
Acts  of  July  1,  1864,  and  March  3,  1865 : 

Bell  v.  The  Bed  Rock  Tunnel  and  Mg.  Co., 

36  Cal.  214. 

Jones  v.  City  of  Petalnma,  38  Cal.  397. 
Alemany  v.  City  of  Petaltiraa,  33  Cal.  554. 
Com'r  G.  L.  O.,  circular,  Aug.  20, 1864,  Zab. 

L.  L.  179. 
Com'r  G.  L.  O.,  circular,  April  26,  1865, 

Zab.  L.  L.  181. 
Com'r  G.  L.  O.,  circular,  Oct.  20,  1865,  Zab. 

L.  L.  185. 
Com'r  G.  L.  O..  Mountain  View,  April  4, 

1865,  Zab.  L.  L.  196. 
Com'r  G.  L.  O.,  Allman  v.  Thulon,  Dec.  7, 

1871,  Copp's  L.  L.  GOO. 
Act  of  March  a,  1867: 

Hussy  v.  Smith,  9  Otto,  20. 

Stringfellow  v.  Cain,  9  Otto,  610. 

Cannon  v.  Pratt,  9  Otto,  619. 

Allen  r.  Houston,  21  Kans.  194. 

Ivinson  v.  Hance,  1  Wyoming,  270. 

Hussy  v.  Smith,  1  Utah,  129. 

Fraust  v.  Town-site,  1  Utah,  197. 

Pratt  v.  Young.  1  Utah,  347. 

Edwards  r.  Tracy,  2  Montana,  49. 

Hall  v.  Ashby.  2  Montana,  489. 

Georgetown  v.  Glaze,  3  Colo.  230. 

Tucker  v.  McCoy,  3  Colo.  234. 

Gillett  v.  Gaffaey,  3  Colo.  351. 

Adams  v.  Binkley,  4  Colo.  247. 

Lechler  ».  Chapiu,  12  Nev.  65. 

Secretary  Interior,  Springville,  July  8, 1871, 

Copp's  L.  L.  683. 
Secretary  Interior,  Salt  Lake,  Aug.  9, 1871, 

Copp's  L.  L.  6*6. 
Secretary  Interior,  King  City,  April  28, 

1874,  Copp's  L.  L.  696. 
Secretary  Interior,  June  8, 1875, 2  Copp's  L. 

O.  85. 
Secretary  Interior,  Grantsville,  Oct.  1, 1679, 

6  Copp's  L.  O.  109. 
Com'r  G.   L.  O.,  circular,  Sept.   21,   1868, 

Copp's  L.  L.  678. 
Com'r  G.   L.  O.,  circular,  June  29,  1874, 

Copp's  L.  L.  683. 
Com'r  G.  L.  O.,  Deeversville,  Dec.  7, 1872, 

Copp's  L.  L.  695. 
Com'r  G.  L.  O.,  Turner  v.  Lang,  June  16, 

1874,  Copp's  L.  L.  698. 
Com'r  G.  L.  O.,  Central  City,  Dec.  23,  1875, 

2  Copp  s  L.  O.  150. 

Com'r  G.  L.  O.,  Concordia,  June  5,  1876,3 

Copp's  L.  O.  50. 
Com'r  G.   L.  O.,  Seattle,   Jan.  12,  1877,  3 

Copp's  L.  O.  179. 
Com'r  G.  L.  O.,  Coneburg,  April  7,  1877,  4 

Copp's  L.  O.  45. 
Cora'r  G.  L.  O.,  Laramie,  Oct.  11,  1877,  4 

Copp's  L.  0. 132. 
Com'r  G.  L.  O.,  Seattle,  March  19,  1879,  6 

Copp's  L.  O.  136. 
TREATIES.  FOREIGN— 

Cession  of  Louisiana  (1800  and  1803) : 
Sonlard  v.  United  States,  4  Pet,  511. 
Delassus  v.  United  States,  9  Pet,  117. 
McDonogh  v.  Millaudou,  :t  How.  693. 
United  States  v.  Reynos.  9  How.  127. 
Davis  •».  Police  Jury  of  Concordia,  9  How. 


CITATION   OF   DECISIONS. 


Ixi 


TREATIES,  FOREIGN—  Continued. 
Cession  of  Louisiana  (1800  and  1803): 

United  States  v.  L.ynde,  11  Wall.  632. 

Secretary  Interior,  exparte  Daniel  Clark, 

Jan.  5,  1671,  Copp's  L.  L.  494. 
Cession  of  the  Floridas ; 

American  Ins.  Co.  v.  Canter,  I  Pet.  511. 

Poster  et  al.  v.  N<  ilson,  2  Pet.  253. 

United  States  v.  Arrcdoudo,  6  Pet.  691. 

United  States  v.  Percheman,  7  Pet.  51. 

United  States  v.  Clarke,  8  P,  t.  436. 

United  States  v.  Clarke,  9  Pet.  168. 

Mitchell  v.  United  States,  9  Pet.  711. 

United  States  v.  Fernandez,  10  Pet.  303. 

United  States  v.  Sibbald,  10  Pet.  313. 

Strother  &.  Lucas,  12  Pet.  410. 

United  Stares  v.  Wiggins,  14  Pet.  334. 

Pollard's  lessee  v.  Files,  2  How.  591. 

Robinson  v.  Minor,  10  How.  627. 

Doe  &  Braden,  16  How.  635. 

United  States  v.  Lynde,  11  Wall.  632. 
France  and  Spain  (i762) : 

Villalobos  v.  United  States,  10  How.  540. 

United  States  v.  D'Auterive,  10  How.  609. 
Great  Britain,  France,  and  Spain  (1763) : 

Montault  v.  United  States.  12  How.  47. 
Great  Britain  and  United  States  (1794) : 

Harden  v  Fisher,  1  Wheat.  300. 
Guadalupe  Hidalgo  : 

United  States  v.  Moreno,  1  Wall.  400. 

Townsend  et  al.  v.  Greeley,  5  Wall.  326. 

Seabury  v.  Field,  I  McAllister,  C.  C.  1. 

Friedham  v.  Goodwin.  1  McAllister,  C.  C. 
142. 

Mackay  v.  Dillon,  7  Mo.  7. 

Secretary    Interior,  Rancho    Los    Trigos, 
Feb.  28, 1874,  Copp's  L.  L.  607. 

Seretary  Interior,  Dallas  v.  White,  Jan.  25, 

1878,  5  Copp's  L.  O.  82. 
TRUSTEES  AND  TRUSTS— 

Wilson  v.  Mason,  1  Cranch,  45. 

Massie  v.  Watts,  6  Cranch,  148. 

Ringo  et  al.  v.  Binns  et  al.,  10  Pet.  269. 

Carroll  v.  Saflbrd,  3  How.  441. 

Cunningham  v.  Ashley,  14  How.  377. 

Warren  v.  Van  Brunt,  19  Wall.  646. 

Cowell  v.  Colorado  Springs  Co.,  10  Otto,  55. 

Lamb  v.  Davenport,  1  Saw.  C.  C.  609. 

Lamb  v.  Vaughn,  2  Saw.  C.  C.  161. 

Hardy  v.  Harbin,  4  Saw.  C.  C.  536. 

Norton  v.  Meader,  4  Saw.  C.  C.  603. 

Root  v.  Shields,  1  Woolw.  C.  C.  340. 

Stephensou  v.  Smith,  7  Mo.  610. 

Thompson  v.  Renoe,  12  Mo.  157. 

Groves  v.  Fulsome,  16  Mo.  543. 

Carman  v.  Johnson,  20  Mo.  108. 

Cloud  v.  Ivie,  28  Mo.  578. 

Hill  v.  Miller,  36  Mo.  182. 

Fenwick  v.  Gill,  38  Mo.  510. 

Higgins  v.  Higgins,  55  Mo.  346. 

McAlpin  v.  Henshaw,  6  Kans.  176. 

White  v.  Allen,  3  Oreg.  103. 

Dolbequy  v.  Tabor,  22  Cal.  279. 

Salmon  v.  Syrnonds,  30  Cal.  301. 

Settembre  v.  Putnam,  30  Cal.  490. 

Wilson  v.  Castro,  31  Cal.  421. 

Bludworth  v.  Lake,  33  Cal.  255. 

Walley  v.  Foreman,  38  Cal.  90. 

Hess  v.  Bellinger,  48  Cal.  349. 

McCreary  v.  Casey,  50  Cal.  349. 

Hollinshed  v.  Simms.'Sl  Cal.  158. 

Rose  v.  Treadway,  4  Nev.  455. 

UNITED  BRETHREN;  GRANT  TO,  &c.— 

P  Secretary  Treasury,  April  20, 1803, 2  L.  I. 

&  O.  232. 
Com'rG-L.  O.,June  29,  1824,2  L.  I.  &  0. 

381. 

2  L.  I.  &  O.  766,  768. 
UNIVERSITY  LANDS— 

Regents  of  University  a.  Host,  7  Minn.  61. 

Combs  v.  Jelly,  28  Cal  498. 

Buhne  v.  Chism,  48  Cal.  467. 

fi  Op.  Att.  Gen.  725. 

Secretary  Treasury,  Sept.  3,  1834,  2  L.  I.  & 

O.  595. 
Secretary  Interior,  Dec.  13,  1855,  1  Lester, 

496. 

Secretary  Interior,  Glover  v.  University  of 
Cal.,  Aug.  12,  1872,  Copp's  L.  L.  321. 


UNIVERSITY  LANDS— Continued. 

Secretary    Interior,   University  of  Cal.  v. 

Block,' Aug.  2*j.  1874,  Copp's  L.  L.  322. 
Secretary  Interior,  Aurrecoechea  v.   State 

Cal.,  March  1,  1875,  Copp's  L.  L.  325. 
Secretai-y  Interior,  Wilson  v.  C.  P.  R.  R.  et 

al.,  Oct.  20,  1871,  Copp's  L.  L.  443. 
Secretary  Interior,  White  v.  University  of 

Cal.,  Jan.  10, 1878,  4  Copp's  L.  0. 188. 
Com'r  G.  L.  O.,  May  14,  1832, 2  L.  I.  &  O.  462. 
Com'r  O.  L.  O.,  Dec.  17,  1833, 2  L.  I.  &  O.  488. 
Com'r  G.  L.  O.,  Feb.  14,  1837,  2  L.  I.  &  O. 

533. 
Com'r  G.  L.  O.,  University  of  Cal.,  Sept. 

25,  1878. 
VALENTINE  SCRIP— 

Secretary  Interior,  Chicago  Cases,  Feb.  28,' 

1879,  6  Copp's  L.  O.  22. 
Secretary  Interior,  City  of  Seattle  v.  Mc- 

Aleer  etal,  March  19, 1879,  6  Copp's  L.  O. 

136. 
Com'r  G.   L.  O.,  circular,  June    17,  1874, 

Copp's  L.  L.  806. 
Com'r  G.  L.  O.,  instructions,  Jan.  6, 1876, 2 

Copp's  L.  O.  183. 
Com'r  G.  L.  O ,  ex  parte  Throckmorton, 

Nov.  22, 1876,  3  Copp's  L.  O.  172. 
Com'r  G.  L.  O  ,  City  of  Seattle  v.  McAleer 

et  al.,  Jan.  12, 1877,  3  Copp's  L.  O.  179. 
Com'r  G.  L.  O.,  Chicago  Cases,  Feb.  12, 1878, 

4  Copp's  L.  O.  186. 
VALLEJO,  CITY  OF— 

Durfee  v.  Plaisted,  38  Cal.  80. 
VINCENNES  DISTRICT,  SETTLERS'  CLAIMS 

IN— 
Secretary  Interior,  instructions,  March  21, 

1823,  2 'L.  I.  &O.  366. 
Com'r  G.  L.  O.,  instructions,  May  15,1820, 

2  L.  I.  &  O.  301. 
Com'r  G.  L.  O.,  instructions,  Aug.  2,  1820, 

2  L.  I.  &  O.  :>06. 
YINCENNES  UNIVERSITY,  TRUSTEES  OF— 

The  State  v.  Trustees,  2  Ind.  293. 
VIRGINIA  MILITARY  LAND  WARRANTS— 
Origin : 

American  State  Papers,  vol.  16,  p.  5. 
Assignment: 

Sims  v.  Irvine,  3  Dallas,  425. 
Kerr  v.  Watts,  6  Wheat.  550. 
Bouldin  et  ux.  v.  Massie's  heirs,  7  Wheat. 

122. 

French  v.  Spencer,  21  How.  228. 
Warev.  Brush,  15  Pet.  C.  C.  23. 
Smith  v.  Shane,  1  McLean,  C.  C.  22. 
Ware  v.  Brush,  1  McLean,  C.  C.  533. 
Wallace  v.  Seymour,  7  Ohio,  156. 
Douglass  v.  Dangerneld,  14  Ohio,  522. 
Groynne  v.  Niswanger,  15  Ohio,  367. 
Duke  v.  Ihompson,  16  Ohio,  34. 
Holland  v.  Thatcher,  18  Ohio,  48. 
Groynne  v.  Niswanger,  18  Ohio,  400. 
Groynne  v.  Niswauger,  20  Ohio,  556. 
1  Op.  Att.  Gen.  311 ;  2  id.  56.  385;  3  id.  97, 

382. 
Com'r  G.  L.  O.,  circular,  Nov.  16, 1830, 2  L. 

I.  &  O.  436. 
Lands  locatable: 

Doddridge  v.  Thompson,  9  Wheat  469. 
Reynolds  v.  Me  Arthur,  2  Pet.  417. 
Lindsey  v.  Miller's  lessees,  6  Pet.  666. 
Galloway  v.  Finley,  1-2  Pet.  264. 
Chinnu. 'Darnell.  4  McLean,  C.  C.  440. 
Bonner  v.  United  States,  1  N.  &  H.  125. 
Parker  v.  Dunn,  4  Ohio,  239. 
Saunders  v.  Niswanger,  11  Ohio  St.  298. 
Com'r  G.  L.  O.,  circular,  November  13. 

1830,  2  L.  I.  &  0.436. 
Com'r  G.  L.  O.,  circular,  August  17,  1853, 1 

Lester,  682. 
Com'r  G.  L.  O.,  exparte  Kendricks,  April 

3, 1880,  7  Copp's  L.  O.  69. 
Patent*  : 

Galloway  v.  Finley,  12  Pet.  264. 
Niswanger  v.  Saunders,  1  Wall.  424. 
Nelson  v.  Moore,  3  McLean,  C.  C.  319. 
Saum  v.  Latham,  1  Ohio,  309. 
Wallace  v.  Seymour,  7  Ohio,  156. 
Porter  v.  Robb,  7  Ohio,  206, 
Gro.;  nne  v.  Niswanger,  15  Ohio,  367. 


Ixii 


CITATION   OF   DECISIONS. 


VIRGINIA  MILITARY  LAND  WARRANTS— 

Continued. 
Patent* : 

Stubblefield  v.  Boggs,  2  Ohio  St  216. 
Clark  v.  Souther  land,  16  Ohio  St,  408. 
1  Op.  Att.  Gen.  159;  2  id.  25. 
Warrants,  surveys,  and  entries  : 

Taylor  &  Quarles  v.  Brown,  5  Cranch,  234. 

Vowles  v.  Craig,  8  Cranch,  371. 

Kerr  v.  Watts,  6  Wheat.  5."0. 

Miller  et  al.  v.  Kerr  et  al.,  7  Wheat  1. 

Taylor's  lessee  v.  Myers,  7  Wheat  23. 

Anderson  v.  Clark,  1  Pet.  628. 

Hunt  v.  Wickliff,  2  Pet.  201. 

Gait  v.  Galloway,  4  Pet.  3:52. 

Lindsey  v.  Miller,  5  Pet.  666. 

Wallace  v.  Parker,  6  Pet.  680. 

Holmes  v.  Trout,  7  Pet.  171. 

Brush  v.  Ware.  15  Pet.  93. 

McArthur's  heirs  v.  Dun's  heirs,  7  How. 

262. 

Walker  v.  Smith,  21  How.  579. 
Lindsey  v.  Miller,  1  McLean,  C.  C.  20. 
Brush  v.  Ware,  1  McLean,  C.  C.  553. 
Gait  r.  McMillan,  3  McLean,  C.  C.  20. 
Chinn  v.  Darnell,  4  McLean.  C.  C.  440. 
Saum  i'.  Latham,  1  Ohio,  309. 
Dresback  v.  McArthur.  7  Ohio,  146. 
Huston  v.  McArthur,  7  Ohio,  383. 
Wycofftf.  Stephenson,  14  Ohio,  13. 
Holland  v.  Thatcher,  18  Ohio,  48. 
Lathan  v.  Offry,  18  Ohio,  104. 
Price  v.  Johnston,  1  Ohio  St.  390. 
Stubbletield  v.  Boggs,  2  Ohio  St.  216. 
Wood  v.  Ferguson,  7  Ohio  St.  288. 
McKinney  v.  McKinney,  8  Ohio  St.  423. 
Saunders'r.  Xiswanger,  8  Ohio  St.  298. 
3  Op.  Att.  Gen.,  35,  103  ;  6  id.  243  ;  7  id.  32, 

«52  ;  9  id.  156,  352,  354. 
Com'r  G.  L.  O.,  July  2,  1830,  2  L.  I.  &  O. 

426. 
Com'r  G.  L.  O.,  circular,  Nov.  16, 1830,  2  L. 

I.  &  O.  436. 
Com'r  G.  L.  O.,  July  20,  1875,  Copp's  L.  L. 

742. 
TVABASHAW,  TOWN  OF— 

Secretary  Interior,  June  14,  1859,  1  Lester, 

635. 
WATER  RIGHTS— 

Prior  appropriation  under  local  customs,  <£c. : 
Atchison  v.  Peterson,  20  Wall.  507. 
Basey  et  al.  v.  Gallagher,  20  WalL  670. 
Jennison  v.  Kirk,  8  Otto,  453. 
Broder  v.  Water  Co.,  11  Otto,  274. 
Union  Mill  &,  Mining  Co.  v.  Ferris.  2  Saw. 

C.  C.  176. 

Lobdell  ».  Simpson,  2  Nev.  274. 
Lobdell  v.  Half,  3  Nev.  507. 
Mining  Co.  v.  Carpenter,  4  Xev.  534. 
Robinson  v.  Imperial  S.  Mg.  Co.,  5  Xev.  44. 
Covington  v.  Becker,  5  Xev.  281. 
Vansickle  v.  Haines,  7  Xev.  249. 
Dalton  v.  Bowker,  8  Xev.  201. 
Barnes  v.  Sabron,  10  Xev.  217. 
Parks  v.  Barkley,  1  Montana,  514. 
Woolman  v.  Gar-ringer,  1  Montana,  535. 
Atchison  v.  Peterson.  1  Montaua,  561. 
Barkley  v.  Fileke,  2  Montana,  59. 
Fabian  v.  Collins,  2  Montaua,  510. 
Schilling  v.  Rominger,  4  Colo.  100. 
Eddy  v.  Simpson,  3  Cal.  249. 
Irwin  r.  Phillips,  5  Cal.  140. 
Bill  v.  Newman,  5  Cal.  445. 
Kelly  v.  Water  Co.,  6  Cal.  105. 
Tenuey  v.  Miners'  Ditch  Co.,  7  Cal  335. 
Thompson  v.  Lee,  8  Cal.  275. 
Bear  River  Co.  v.  X.  Y.  Mg.  Co.,  8  Cal.  327. 
Hill  v.  King,  8  Cal.  337. 
Weaver  v.  Conger,  10  Cal.  233. 
Wolf  v.  St.  Louis  Ind.  Water  Co.,  10  Cal. 

413. 

Hoflinan  v.  Tuol,  10  Cal.  417. 
Kimball  v.  Gearhart,  12  Cal.  27. 
McGarrity  v.  Byingtou,  12  Cal.  426. 
Oilman  v.  Dixo'n,  13  Cal.  33. 
Weaver  v.  Eureka  Lake  Co.,  15  Cal.  271. 
Coleman  «?.  Clements,  23  Cal.  245. 
Rnpley  v.  Welch,  23  Cal.  452. 
Everett  v.  Hydraulic  Co.,  23  Cal.  225. 


Prior  appropriation  under  local  customs,  i£c. . 

Phcenix  Water  Co.  r.  Fletcher,  y3  Cal.  481. 

Bradley  <•.  Hnrkness,  23  Cal.  6'J. 

American  Co.  v.  Bradford,  27  Cal.  360. 

Hill  v.  Smith.  27  Cal.  476. 

Henderson  t.  McXaughtou,  31  Cal.  26. 

Richardson  v.  Kier,  34  Cal.  63. 

Correa  v.  Frietas,  42  Cal.  339. 

Smith  v.  O'llara,  4  5  Cal.  371. 

Broder  v.  \»  ater  Co.,  50  Cal.  621. 

Com'r  G.  L.  O.,  Nov.  23,  1869,  Copp's  Mg. 
Dec.  24. 

Com'r  G.  L.  O.,  April  16,  1871,  Copp's  Mg. 

Dec.  4vJ. 
Act  of  July  W,  1866: 

Atchison  r.  Peterson.  20  Wall.  507. 

Basey  et  al.  r.  Lrallagher,  20  Wall.  670. 

Jeunison  v.  Kirk,  8  Otto,  -153. 

Broiler  v.  Water  Co.,  11  Otto,  274. 

Hobart  v.  Ford,  6  Nev.  77. 

Barnes  v.  Sabron,  10  Xev.  217. 

Shoemaker  v.  Hatca.  13  Xev.  261. 

Rivers  v.  Burbauk,  13  Xev.  39^. 

Noteware  v.  Sterns,  1  Montana,  311. 

Weitner  z.  Lowrey,  11  Cal.  104. 

Broder  v.  Water  Co.,  50  Cal.  621. 

Titcomb  r.  Kirk,  51  Cal.  288. 

Cave  v.  Crafts,  53  Cal.  135. 

Com'r  G.  L.  O.,  X'ov.  23,  1869,  Copp's  Mg. 

Dec.  24. 
"Use,  for  what  purposes : 

Union  Mill  <fc  Mining  Co.  v.  Ferris,  2  Saw. 
C.  C.  176. 

Xelson  v.  O'Xeal,  1  Montana,  284. 

Sims  v.  Smith,  7  Cal.  149. 

Maeris  v.  Bricknell,  7  Cal.  262. 

Cramlall  v.  Woods,  8  Cal.  130. 

Butte  Canal  Co.  v.  Vaughn,  11  Cal.  143. 

McDonald  v.  Bear  River  Co.,  13  Cal.  220. 

dirk  v.  Du-all,  15  Cal.  85. 

Edmond  v.  Chew,  15  Cal.  137. 

Kidd  v.  Laird,  15  Cal.  161. 

Weaver  v.  Eureka  Lake  Co.,  15  Cal.  271.     < 

Butte  T.  M.  Co.  v.  Morgan,  19  Cal.  609. 

McKinney  v.  Smith,  21  Cal.  374. 

Rupley  v.  \Velch,  23  Cal.  J52. 

Phoenix  Water  Co.  r.  tletcher,  23  Cal.  481. 

"W  ixoii  v.  Bear  River  Co.,  24  Cal.  367. 

Ferrea  v.  Kuipe,  28  Cal.  340. 

McDonald  v.  Askew,  21)  Cal.  200. 

Gibson  v.  Puchta,  33  Cal.  310. 

Stone  v.  Bumpus,  43  Cal.  218. 

Quirk  v.  Faik,  47  Cal.  453. 
Damages  : 

Te'nney  v.  The  Miner's  Ditch  Co.,  7  Cal.  335. 

Coker  v.  Simpson,  7  Cal.  ,341 

Park  v.  Kilham,  8  Cal.  78. 

Leigh  Co.  v.  Independent  Ditch  Co.,  8  Cal. 
323. 

Edmond  v.  Chew,  15  Cal.  137. 

McDonald  v.  Bear  River  Co.,  15  Cal.  145. 

Xatorna  Water  &  Mining  Co.  v.  McCoy,  23 
Cal.  490. 

Bear  River  Co.  r.  Boles,  24  Cal.  359. 

Crary  v.  Campbell,  24  Cal.  634. 

Gibson  v.  Puchta,  33  Cal.  310. 

Clark  v.  Willett,  35  Ca.1.  )35. 

Campbell  v.  B.  R.  <fc  \V.  M.  Co.,  35  Cal.  679. 

Richardson  v.  Kier,  37  Cal.  207. 

Gregor  v.  Xelson,  41  Cal.  279. 

Stone  v.  Bumpus,  46  Cal.  218. 

Ogburn  v.  Connor,  46  Cal.  347. 
Subsequent  appropriation,  and  effect  of  patents: 

Proctor  v.  Jennings,  6  Xev.  83. 

Vansickle  v.  Haines,  7  Xev.  249. 

Columbia  Mining  Co.  v.  Halter,  I  Montana, 
296. 

Parks  v.  Barkley,  1  Montana,  514. 

Butte  Canal  <J<>.  v.  Vaughn,  11  Cal.  143. 

Burnett  v.  Whiteside,  15  Cal.  35. 

Butte  T.  M.  Co.  v.  Morgan.  19  Cal.  609. 

Phu^nix  Water  Co.  v.  Fletcher,  23  Cal.  481. 

Con  ea  v.  Frietas,  4J  Cal.  339. 
Underground  currents: 

Hanson  v.  McCune,  42  Cal.  303. 
Transfer  of: 

Robinson  v.  Imperial  S.  Mg.  Co.,  5  Nev.  44. 

Barkley  v.  Fileke,  2  Montana,  59. 


CITATION   OF   DECISIONS. 


Ixiii 


WATER  RIGHTS—  Continued. 
Transfer  of  .- 

Or, man  v.  Dixon,  13  Gal.  33. 

St.  John  v.  Kicld,  26  Cal.  263. 

McDonald  v.  Askew,  29  Cal.  200. 

Reynolds  v.  Hosmer,  51  Cal.  203. 
Amount  of  water,  entitled  to  : 

Caruthers  v.  Pemberton,  1  Montana,  111. 

Bear  River  Co.  v.  N.  Y.  Mg.  Co.,  8  Cal.  327. 

White  v.  Todd,  8  Cal.  44  J. 

Butte  Canal  Co.  v.  Vaughn,  11  Cal.  143. 

Nevada  Water  Co.  v.  Powell,  34  Cal.  109. 
Abandonment : 

Atchison  v.  Peterson,  1  Montana,  561. 

Hoffman  v.  Stone,  7  Cal.  47. 

Butte  Canal  Co.  v.  Vaughn,  11  Cal.  143. 

Wiseman  v.  McNulty,  25  Cal.  230. 

Union  Water  Co.  v.  Crary,  25  Cal.  504. 

St.  John  v.  KMd,  26  Cal.  263. 

Davis  v.  Gale,  32  Cal.  26. 

Patents,  pre-emptions,  or  homesteads,  how  sub- 
ject to  : 

Broder  v.  Water  Co.,  11  Otto,  274. 

Union  Mill  &  Mg.  Co.  v.  Ferris,  2  Saw.  C.  C. 
176. 


WATER  RIGHTS— Continued. 

Patent*,  pre-emptions,  or  homesteads,  how  sub- 
ject to  : 

Union  Mill  &  Mg.  Co.  v.  Dangberg,  2  Saw. 
C.C.451. 

Vansicklo  v.  Haines,  7  Nev.  249. 

Barnes  v.  Sabron,  10  Nev.  217. 

Thorp  v.  Freed,  1  Montana,  652. 

Ogburn  v.  Connor,  46  Cal.  347. 

Broder  v.  N.  W.  &  Mg.  Co.,  50  Cal.  621. 

Com'r  G.  L.  O.,  April  16,  1871,  Copp's  Mg. 
Dec.  42. 

Com'r  G.  L.  O.,  March  21,  1872,  Copp's  Mg. 

Deo.  82. 
WISCONSIN  RIVER— 

Woodman  v.  Kilbourn  Mf.  Co.,  1  Bissell, 
C.  C.  5415. 

9  Op.  Att.  Gen.  346. 

Secretary  Interior,  Feb.  13,  1857.  1  Lester. 

507. 
YAZOO  CLAIMS— 

8  Op.  Att,  Gen.  35. 

YOSEMITE  VALLEY- 
LOW  v.  Hutchins,  15  Wall.  77. 
Low  v.  Hutchins,  41  Cal.  634. 


OHIO. 


No.  1.— AN  ACT  to  enable  the  officers  and  soldiers  of  the  Virginia  line  on  continen-  August  10,  1790 
tal  establishment,  to  obtain  titles  to  certain  lands  lying  northwest  of  the  river  Vol.  1,  p.  182. 
Ohio,  between  the  Little  Miami  and  Sciota. 

SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  Repeal. 
the  United  States  of  America  in  Congress  assembled,  That  the  act  of  Con- 
gress of  the  seventeenth  of  July,  one  thousand  seven  hundred  and 
eighty-eight,  relative  to  certain  locations  and  surveys  made  by,  or  on 
account  of  the  Virginia  troops  on  continental  establishment  upon  lands 
between  the  Little  Miami  and  Sciota  rivers,  northwest  of  the  Ohio,  be, 
and  the  same  is  hereby  repealed. 

And  whereas  the  agents  for  such  of  the  troops  of  the  State  of  Virginia, 
who  served  on  the  continental  establishment  in  the  army  of  the  United 
States,  during  the  late  war,  have  reported  to  the  executive  of  the  said 
State,  that  there  is  not  a  sufficiency  of  good  land  on  the  southeasterly 
side  of  the  river  Ohio,  according  to  the  act  of  cession  from  the  said 
State  to  the  United  States,  and  within  the  limits  assigned  by  the  laws  of 
the  said  State,  to  satisfy  the  said  troops  for  the  bounty  lands  due  to  them, 
in  conformity  to  the  said  laws :  to  the  intent  therefore  that  the  differ- 
ence between  what  has  already  been  located  for  the  said  troops,  on  the 
southeasterly  side  of  the  said  river,  and  the  aggregate  of  what  is  due  to 
the  whole  of  the  said  troops,  may  be  located  on  the  northwesterly  side 
of  the  said  river,  and  between  the  Sciota  and  Little  Miami  rivers,  as 
stipulated  by  the  said  State : 

SEC.  2.  Be  it  further  enacted,  That  the  Secretary  of  the  Department  of      Secretary    of 
War  shall  make  return  to  the  executive  of  the  State  of  Virginia  of  the  ^™  to  the  e^ec- 
names  of  such  of  the  officers,  non-commissioned  officers  and  privates  of  utive  of  Virginia 
the  line  of  the  said  State,  who  served  in  the  army  of  the  United  States,  of  those  entitled 
on  the  continental  establishment,  during  the  late  war,  and  who,  in  con- to  bounty  lands, 
formity  to  the  laws  of  the  said  State,  are  entitled  to  bounty  lands ;  and 
shall  aLo  in  such  return  state  the  aggregate  amount  in  acres  due  to  the 
said  lino  by  the  laws  aforesaid. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for    Agents  to  lo- 
the  said  agents  to  locate  to  and  for  the  use  of  the  said  troops,  between  {^ts°fw?th  *use 
the  rivers  Sciota  and  Little  Miami,  such  a  number  of  acres  of  good  Of  the  troops  ,• 
land  as  shall,  together  with  the  number  already  located  between  the 
said  two  rivers,  and  the  number  already  located  on  the  southeasterly 
side  of  the  river  Ohio,  be  equal  to  the  aggregate  amount,  so  to  be  re- 
turned as  aforesaid  by  the  Secretary  of  the  Department  of  War. 

SEC.  4.  And  be  it  further  enacted,  That  the  said  agents,  as  soon  as  may  and  to  enter  in 
be  after  the  locations,  surveys  and  allotments  are  made  and  completed,  of  °each  locaUon 
shall  enter  in  regular  order,  in  a  book  to  be  by  them  provided  for  that  an)j  8Urvey. 
purpose,  the  bounds  of  each  location  and  survey  .between  the  said 
two  rivers,  annexing  the  name  of  the  officer,  non-commissioned  officer 
or  private  originally  entitled  to  each  ;  which  entries  being  certified  by 
the  said  agents  or  the  majority  of  them,  to  be  true  entries,  the  book 
containing  the  same  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  lawful  for  the  President     President    to 
of  the  United  States  to  cause  letters- patent  to  be  made  out  in  such  ^t  to  IwnSSe 
words  and  form  as  he  shall  devise  and  direct,  granting  to  such  person  so  out  to  those  enti- 
originally  entitled  to  bounty  lands,  to  his  use,  and  to  the  use  of  his  heirs  tied  t  o   bounty 
or  assigns,  or  his  or  their  legal  representative  or  representatives,  his,  her  lands, 
or  their  heirs  or  assigns,  the  lands  designated  in  the  said  entries :  Pro- 
vided always,  That  before  the  seal  of  the  United  States  shall  be  affixed  to 
such  letters-patent,  the  Secretary  of  the  Department  of  War  shall  have 
indorsed  thereon  that  the  grantee  therein  named,  was  originally  entitled 
to  such  bounty  lands,  and  that  he  has  examined  the  bounds  thereof  with 
the  book  of  entries  filed  in  the  office  of  the  Secretary  of  State,  and  finds 
the  same  truly  inserted ;  and  every  such  letters-patent  shall  be  counter- 
signed by  the  Secretary  of  State,  and  a  minute  of  the  date  thereof,  and 
of  the  name  of  the  grantee  shall  be  entered  of  record  in  his  office,  in  a 
book  to  be  specially  provided  for  the  purpose. 

1  L  O — VOL  II 


Z  OHIO. 

Secretary  of  SEC.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
State  to  transmit  retary  of  State,  as  soon  as  may  be  after  the  letters-patent  shall  be  so 
the  same  to  the  completed  and  entered  of  record,  to  transmit  the  same  to  the  executive 
executr  ir-  of  the  state  of  Virginia,  to  be  by  them  delivered  to  each  grantee  ;  or  in 

case  of  his  death,  or  that  the  right  of  the  grantees  shall  have  been 
legally  transferred  before  such  delivery,  then  to  his  legal  representative 
or  representatives,  or  to  one  of  them. 

Letters  patent     SEC.  7.  And  be  it  further  enacted,   That  no  fees  shall  be  charged  for 

obtained  without  such  letters  patent  and  record,  to  the  grantees,  their  heirs  or  assigns,  or 

to  his  or  their  legal  representative  or  representatives,  (a) 

(a)  See  Xos.  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  52,  93,  98, 112, 119, 121, 128, 146, 154, 159, 
166, 172, 174, 177, 180, 183, 184, 187, 190. 


Aug.  12, 1790.        No.  2.  Resolved,  #c.,  That  all  surveys  of  lands  in  the  western  terri- 
Vol.  1,  p.  187.     torv.  made  underthe  direction  of  thft  late  o-ftocrranhftr.  Thomas  Hntnhins. 


tory,  made  under  the  direction  of  the  late  geographer,  Thomas  Hutchins, 
Contracts   for  agreeable  to  contracts  for  part  of  the  said  lands  made  with  the  late  Board 
surveys   in    the  of  Treasury,  be  returned  to,  and  perfected  by,  the  Secretary  of  the  Treas- 
western  terri-  nry,  so  as  to  complete  the  said  contracts:  and  that  the  said  Secretary 
be,  and  is  hereby,  authorized  to  direct  the  making  and  completing  any 
other  surveys  that  remain  to  be  made,  so  as  to  comply  on  the  part  of 
the  United  States  with  the  several  contracts  aforesaid,  in  conformity  to 
the  terms  thereof. 


March  3, 1791.  No.  3.  Resolved,  #c.,  That  the  President  of  the  United  States  be,  and 
Vol.  1,  p.  225.  he  hereby  is  requested,  to  cause  an  estimate  to  be  laid  before  Congress  at 
~An  estimate  of  tneir  next  8ession>  of  the  quantity  and  situation  of  the  lands  not  claimed 
lands  in  North  by  the  Indians,  nor  granted  to,  nor  claimed  by  any  of  the  citizens  of  the 
Carolina  and  the  United  States,  within  the  territory  ceded  to  the  United  States,  by  the 
Northwest  Terri-  state  of  North  Carolina,  and  within  the  territory  of  the  United  States, 
bTInSnfoS  ^rthwest  of  the  river  Ohio. 
izens  to  be  made.  

r 12,  1792.    ^*<>«  4.— AX  ACT  for  ascertaining  the  bounds  of  a  tract  of  land  purchased  by  John 

ol.  6,  p.  7.  Cleves  Symmes. 

p.d  Be  it  enacted,  £c.,  That  the  President  of  the  United  States  be,  and  he 

thoriz'ed  to  alter  nere^>y  is>  authorized,  at  the  request  of  John  Cleves  Symmes,  or  his 
the  contract  with  agent  or  agents,  to  alter  the  contract,  made  between  the  late  Board  of 
John  C.  Symmes,  Treasury  and  the  said  John  Cleves  Symmes,  for  the  sale  of  a  tract  of 
**•  land  of  one  million  of  acres,  in  such  manner  that  the  said  tract  may  ex- 

tend from  the  mouth  of  the  Great  Miami  to  the  mouth  of  the  Little 
/       Miami,  and  be  bounded  by  the  river  Ohio  on  the  south,  by  the  Great 
Miami  on  the  west,  by  the  Little  Miami  on  the  east,  and  by  a  parallel 
of  latitude  on  the  north,  extending  from  the  Great  Miami  to  the  Little 
Miami,  so  as  to  comprehend  the  proposed  quantity  of  one  million  of 
Not  to    inter  a<5res  :  Provided,  That  the  northern  limits  of  the  said  tract  shall  not 
fere  with  Indian  interfere  with  the  boundary  line  established  by  the  treaty  of  Fort  Har- 
bonndary.  &c.     mar,  between  the  United  States  and  the  Indian  nations  ;  And  provided, 
Reservation  of  also,  That  the  President  reserve  to  the  United  States  such  lands,  at  and 
ertain  lands.       near  Fort  Washington,  as  he  may  think  necessary  for  the  accommoda- 
tion of  a  garrison  at  that  fort,  (a) 

(a)  See  Xos.  6,  16,  25,  30,  31,  32,  36,  133,  170,  181. 

April  21,  1792.    :>o.  5.— AX  ACT  authorizing  the  grant  and  conveyance  of  certain  lands  to  the  Ohio 
Vol.  6,  p.  8.  Company  of  Associates. 


Certain  tract  of  Be  it  enacted,  <$~c.,  That  a  certain  contract  expressed  in  an  indenture 
land  contracted  executed  on  the  twenty-seventh  day  of  October,  in  the  year  one  thou- 
for  in  1787.  san(j  seven  hundred  and  eighty-seven,  between  the  then  Board  of  Treas- 
ury for  the  United  States  of  America,  of  the  one  part,  and  Manasseh 
Cutler,  and  Winthrop  Sergeant,  as  agents  for  the  directors  of  the  Ohio 
Company  of  Associates,  of  the  other  part,  so  far  as  the  same  respects 
the  following  described  tract  of  land  ;  that  is  to  say :  "  Beginning  at  a 
station  where  the  western  boundary  line  of  the  seventh  range  of  town- 
ships, laid  out  by  the  authority  of  the  United  States  in  Congress  as- 
sembled, intersects  the  river  Ohio ;  thence  extending  along  that  river 
southwesterly  to  a  place  where  the  western  boundary  line  of  the  fif- 
teenth range  of  townships,  when  laid  out  agreeably  to  the  land  ordi- 
nance passed  the  twentieth  day  of  May,  one  thousand  seven  hundred 


OHIO.  3 

and  eighty- five,  would  touch  the  said  river ;  thence  running  northerly  on 
the  said  western  bounds  of  the  said  fifteenth  range  of  townships,  till  a 
line  drawn  due  east  to  the  western  boundary  line  of  the  said  seventh 
range  of  townships,  will  comprehend,  with  the  other  lines  of  this  tract, 
seven  hundred  and  fifty  thousand  acres  of  land,  besides  the  several  lots 
and  parcels  of  land  in  the  said  contract  reserved  or  appropriated  to  par- 
ticular purposes ;  thence  running  east  to  the  western  boundary  line  of 
the  said  seventh  range  of  townships,  and  thence  along  the  said  line  to 
the  place  of  beginning,"  be  and  the  same  is  hereby  confirmed :  And  that     Confirmed,  and 
the  President  of  the  United  States  be,  and  he  hereby  is,  authorized  and  President  U.S.  to 
empowered  to  issue  letters-patent  in  the  name  and  under  the  seal  of  fnt  in  the^name 
the  United  States,  thereby  granting  and  conveying  to  Rufus  Putnam,  of    Eufus    Put_ 
Manasseh  Cutler,  Robert  Oliver,  and  Griffin  Green,  and  to  their  heirs  nam,  &c. 
jfnd  assigns,  in  fee-simple,  the  said  described  tract  of  land,  with  the 
reservations  in  the  said  indenture  expressed,  in  trust  for  the  persons 
composing  the  said  Ohio  Company  of  Associates,  according  to  their 
several  rights  and  interests,  and  for  their  heirs  and  assigns,  as  tenants 
in  common. 

SEC.  2.  And  be  it  further  enacted,  That  the  President  be,  and  he  hereby     To  grant  one 
is,  further  authorized  and  empowered,  by  letters-patent  as  aforesaid,  to  other  tract  to  Ru- 
grant  and   convey  to  the' said  Rufus  Putnam,  Manasseh  Cutler,  Rob- tu  J  Putaam>  &o- 
ert  Oliver,  and  Griffin  Green,  and  to  their  heirs  and  assigns,  in  trust, 
for  the  uses  above  expressed,  one  other  tract  of  two  hundred  and  four- 
teen thousand  two  hundred  and  eighty-five  acres  of  land:  Provided,     Onwhatcondi- 
That  the  said  Rufus  Putnam,  Manasseh  Cutler,  Robert  Oliver,  and  tions. 
Griffin  Green,  or  either  of  them,  shall  deliver  to  the  Secretary  of  the 
Treasury,  within  six  months,  warrants  which  issued  for  army  bounty - 
rights  sufficient  for  that  purpose,  according  to  the  provision  of  a  resolve 
of  Congress  of  the  twenty-third  day  of  July,  one  thousand  seven  hun- 
dred and  eighty-seven. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  be,  and  he  hereby     To  grant  one 
is,  further  authorized  and  empowered,  by  letters-patent  as  aforesaid,  to  other  tract  to  Ru- 
grant  and  convey  to  the  said  Rufus  Putnam,  Manasseh  Cutler,  Robert ±u          am>  &c' 
Oliver,  and  Griffin  Green,  and  to  their  heirs  and  assigns,  in  fee-simple, 
in  trust  for  the  uses  above  expressed,  a  farther  quantity  of  one  hun- 
dred thousand  acres  of  land:  Provided  always,  nevertheless,  That  the  said     On  an  express 
grant  of  one  hundred  thousand  acres  shall  be  made  on  the  express  con-  condition, 
dition  of  becoming  void,  for  such  part  thereof  as  the  said  company 
shall  not  have,  within  five  years  from  the  passing  of  this  act,  conveyed 
in  fee-simple,  as  a  bounty  and  free  of  expense,  in  tracts  of  one  hundred 
acres,  to  each  male  person,  not  less  than  eighteen  years  of  age,  being  an 
actual  settler  at  the  time  of  such  conveyance. 

SEC.  4.  And  be  it  farther  enacted,  That  the  said  quantities  of  twohun-    Where  to    be 
dred  and  fourteen  thousand,  two  hundred  and  eighty-five  acres,  and  of  located, 
one  hundred  thousand  acres,  shall  be  located  within  the  limits  of  the 
tract  of  one  million,  five  hundred  thousand  acres  of  land,  described  in 
the  indenture  aforesaid,  and  adjoining  to  the  tract  of  land  described  in 
the  first  section  of  this  act,  and  in  such  form  as  the  President  in  the 
letters- patent  shall  prescribe  for  that  purpose. (a) 

(a)  See  Nos.  81,  133. 


No.  6.— AN  ACT  authorizing  the  grant  and  conveyance  of  certain  lands  to  John     May  5,  1792. 
Cleves  Symmes,  and  his  associates.  Vol.  1,  p.  266. 


SECTION  1.  Be  it  enacted,  #c.,  That  the  President  of  the  United  States    pre8ident    au- 
be  and  he  hereby  is  authorized  and  empowered  to  issue  letters-patent  thorized  to  grant 
in  the  name  and  under  the  seal  of  the  United  States,  thereby  granting  a  certain  number 
and  conveying  to  John  Cleves  Symmes  and  his  associates,  and  to  their  gLjJJJJJJ  on  cer- 
heirs  and  assigns,  in  fee-simple,  such  number  of  acres  of  land  as  the  pay-t£in  conditions, 
ments  already  made  by  the  said  John  Cleves  Symmes,  his  agents  or  as- 
sociates, under  their  contract  of  the  fifteenth  day  of  October,  one  thou 
sand  seven  hundred  and  eighty-eight,  will  pay  for,  estimating  the  lands 
at  two-thirds  of  a  dollar  per  acre,  and  making  the  reservations  specified 
in  the  said  contract. 

SEC.  2.  And  le  it  further  enacted,  That  the  President  be  and  he  hereby    TO  grant  on* 
is  further  authorized  and  empowered,  by  letters-patent  as  aforesaid,  to  other  tract, 
grant  and  convey  to  the  said  John  Cleves  Symmes  and  his  associates, 
and  to  their  heirs  and  assigns  in  fee-simple,  one  other  tract  of  one  hun- 


4  OHIO. 

dred  and  six  thousand  eight  hundred  and  fifty-seven  acres,  with  the 
reservations  as  aforesaid :  Provided,  That  the  said  John  Cleves  Symmes, 
or  his  agents  or  associates,  or  any  of  them,  shall  deliver  to  the  Secretary 
of  the  Treasury,  within  six  months,  warrants  which  issued  for  army 
bounty-rights  sufficient  for  that  purpose,  according  to  the  provision  of 
the  resolves  of  Congress  of  the  twenty-third  of  July,  and  second  of  Octo- 
ber, one  thousand  seven  hundred  and  eighty-seven ;  but  in  case  so  many 
warrants  should  not  be  delivered,  then  the  letters-patent  last  aforesaid 
to  be  given  for  such  number  of  acres,  as  shall  be  in  proportion  to  the 
warrants  so  delivered.  («) 

One  township  SEC.  3.  And  be  it  further  enacted,  That  the  President  be  and  he  is  hereby 
granted  for  sem-  authorized  and  empowered,  by  letters-patent  as  aforesaid,  to  grant  and 
inaries  of  learn-  convey  unto  the  said  John  Cleves  Symmes  and  his  associates,  their 
"*£'  heirs  and  assigns,  in  trust  for  the.  purpose  of  establishing  an  academy 

and  other  public  schools  and  seminaries  of  learning,  one  complete  town- 
ship, conformably  to  an  order  of  Congress  of  the  second  of  October,  one 
thousand  seven  hundred  and  eighty-seven,  made  in  consequence  of  the 
application  of  the  said  John  Cleves  Symmes,  for  the  purchase  of  the 
tract  aforesaid.  (6) 

The  lands  to  be      SEC.  4.  And  be  it  further  enacted,  That  the  several  quantities  of  land,  to 
located  agreeable  be  granted  and  conveyed  as  aforesaid,  shall  be  included  and  located 
to  a  former  act.    within  such  limits  and  lines  of  boundary,  as  the  President  may  judge 
expedient,  agreeably  to  an  act  passed  the  twelfth  day  of  April,  one  thou- 
sand seven  hundred  and  ninety-two,  "  for  ascertaining  the  bounds  of  a 
tract  of  land  purchased  by  John  Cleves  Symmes." 

(a)  See  Nos.  4, 16, 25,  30,  31, 32,  36, 133, 170, 181. 
(6)  See  No.  31. 


April  16,  1794.    No.  7.— AX  ACT  to  authorize  Ephraim  Kimberly  to  locate  the  land  warrant  issued 
Vol.  6,  p.  14.  to  him  for  services  in  the  late  American  Army. 


Ephraim  Kim-      Be  it  enacted,  $~c.,  That  permission  be,  and  the  same  is  hereby  granted 
berly   permitted  to  Ephraim  Kimberly,  now  resident  on  the  west  bank  of  the  Ohio,  near 
to  locate  certain  Indian  Short-creek,  within  the  territory  northwest  of  the  Ohio,  to  locate 
the  land  warrant  issued  to  the  said  Kimberly,  for  three  hundred  acres 
of  land,  for  his  services  in  the  late  American  Army,  so  as  to  include  the 
land  where  he  now  resides,  or  as  convenient  as  may  be  thereto :  Provided, 
Under  what  re-  jje  <|oth  not  interfere  with  any  existing  claim,  location  or  survey  :  And 
upon  the  said  Kim  berly  ;s  procuring  the  said  land  to  be  surveyed,  in 
such  way  and  manner  as  shall  be  pointed  out  and  directed  by  the  Presi- 
dent of  the  United  States,  and  returning  his  said  warrant  into  the 
Treasury  of  the  United  States,  the  President  of  the  United  States  shall 
be,  and  he  hereby  is  authorized  and  empowered  to  issue  letters-patent 
in  the  name,  and  under  the  seal  of  the  United  States,  thereby  granting 
and  conveying  to  the  said  Ephraim  Kimberly,  the  three  hundred  acres 
of  land  that  shall  be  so  located  and  surveyed. 


TrmA  Q  17Q4       No.  8.— AN  ACT  to  amend  the  act  intituled  "An  act  to  enable  the  officers  and  soldiers 

Vol  1  n  394         °f  the  Virginia  line  on  continental  establishment,  to  obtain  titles  to  certain  lands 

_L_     lying  northwest  of  the  river  Ohio,  between  the  Little  Miami  and  Sciota. 

Officers  an  d  j}€  a  enacted,  #c.,  That  all  and  every  officer  and  soldier  of  the  Virginia 
soldiers  of  \jr-  jine  Qn  cor,tme~ntal  establishment,  his  or  their  heirs  or  assigns,  enti- 
tb  obtain  certain  tied  to  bounty  lands  on  the  northwest  side  of  the  river  Ohio,  between 
lands.  the  Sciota  arid  Little  Miami  rivers,  by  the  laws  of  the  State  of  Virginia, 

and  included  in  the  terms  of  cession  of  the  said  State  to  the  United  States, 
T  o      produce  shall,  on  producing  the  warrant,  or  a  certified  copy  thereof,  and  a  cer- 
Secre-  tificate  under  the  seal  of  the  office  where  the  said  warrants  are  legally 
kept,  that  the  same  or  a  part  thereof  remains  unsatisfied,  and  on  pro- 
ducing the  survey,  agreeably  to  the  laws  of  Virginia,  for  the  tract  or 
tracts  to  which  he  or  they  may  be  entitled,  as  aforesaid,  to  the  Secre- 
tary of  the  Department  of  War,  such  officer  and  soldier,  his  or  their 
And    receive  fceirg  or  assigns,  shall  be  entitled  to,  and  receive  a  patent  for  the  same 
Pde'nt  of  ^United  from  the  President  of  the  United  States,  anything  in  any  former  law  to 
States.  the  contrary  notwithstanding.     Provided,  That  no  letters-patent  shall  be 

issued  for  a  greater  quantity  of  land  than  shall  appear  to  remain  due 
on  such  warrant,  and  that  before  the  seal  of  the  United  States  shall  be 


tarv  of  War. 


OHIO.  5 

affixed  to  such  letters-patent  the  Secretary  of  the  Department  of  War    TO  be  endorsed 
shall  have  endorsed  thereon  that  the  grantee  therein  named  or  the  per-  by  Secretary  of 
son  under  whom  he  claims  was  originally  entitled  to  such  bounty  lands,  War- 
and  every  such  letters-patent  shall  be  countersigned  by  the  Secretary  .An"    counter- 
of  State  and  a  minute  of  the  date  thereof,  and  the  name  of  the  grantee  gfy  Of  StateT&c! 
shall  be  entered  of  record  in  his  office  in  a  book  to  be  specially  pro- 
vided for  that  purpose,  (a) 

(a)  See  Nos.  1,  22,  27, 32,  35,  45,  46,  51, 58, 64, 66,  82, 93, 98, 112, 119, 121, 128, 146, 154, 159- 
166, 172, 174, 177, 180, 183, 184, 187, 190. 


]Vo.  9.— AN  ACT  to  authorize  a  grant  of  lands  to  the  French  inhabitants  of  Galli-     March  3, 1795. 
opolis,  and  for  other  purposes  therein  mentioned.  Vol.  1,  p.  442. 

SECTION  1.  Be  it  enacted,  #c.,  That  the  President  of  the  United  States    president     to 
shall  be  and  he  is  hereby  authorized  and  empowered  to  cause  to  be  sur-  cause  a    certain 
veyed,  in  the  territory  northwest  of  the  Ohio,  a  tract  of  land  situate  on  tract  of  land  to 
the  northerly  bank  o*f  the  river  Ohio,  beginning  one  mile  and  a  half  on  be  surveyed- 
a  straight  line  above  the  mouth  of  Little  Sandy,  thence  down  the  said 
river  Ohio  along  the  courses  thereof  eight  miles  when  reduced  to  a 
straight  line  thence  at  right  angles  from  each  extremity  of  the  said 
line  so  as  to  include  the  quantity  of  twenty- four  thousand  acres  of  land 
to  be  disposed  as  herein  after  directed. 

SEC.  2.  And  be  it  further  enacted,  That  the  President  be  authorized  to     To  cause    the 
cause  to  be  ascertained  the  number  of  French  inhabitants  and  actual  Fretncb  f  ^am1 
settlers  of  the  town  or  settlement  of  Galliopolis,  being  males  above  J^g3  £  be  enu." 
eighteen  years  of  age  or  widows  who  are  or  shall  be  within  the  said  merated. 
town  or  settlement  of  Galliopolis  on  the  first  day  of  November  next. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  of  the  United     Letters  -  patent 
States  shall  be  andhe  is  hereby  authorized  and  empowered  to  issue  letters-  *°  ,be  J88ued  *? 
patent  in  the  name  and  under  the  seal  of  the  United  States,  thereby  grant-  f0°r  atract  of  sTid 
ing  to  John  Gabriel  Gervais,  and  his  heirs,  four  thousand  acres  of  land,  land  on  condition, 
part  of  the  said  twenty-four  thousand  acres  to  be  located  on  the  north- 
west bank  of  the  river  Ohio  opposite  to  the  mouth  of  the  Little  Sandy, 
with  condition  in  the  said  letters-patent  that  if  the  said  John  Gabriel 
Gervais  or  his  heirs  shall  not  personally  within  three  years  from  the  date 
of  the  same  patent  settle  on  the  same  tract  of  land,  and  there  continue 
settled  for  three  years  next  thereafter,  the  same  letters-patent  shall  be 
void  and  determine,  and  the  title  thereof  revest  in  the  United  States  as 
if  this  law  had  not  passed. 

SEC.  4.  And  be  it  further  enacted,  That  the  President  of  the  United     Remainder  to 
States  shall  be  and  he  is  hereby  authorized  and  empowered  to  cause  to  am^™  theactual 
be  surveyed,  laid  off  and  divided,  the  remaining  twenty  thousand  acres  settlers  of  Gal- 
of  land,  residue  of  the  twenty-four  thousand  acres,  into  as  many  lots  liopolis. 
or  parts  as  the  actual  settlers  of  Galliopolis  shall  on  the  ascertainment 
aforesaid  amount  to,  and  the  same  to  be  designated,  marked  and  nnin- 
bered  on  a  plat  thereof  to  be  returned  to  the  secretary  of  the  said  ter- 
ritory, together  with  a  certificate  of  the  courses  of  the  said  lots,  the  said 
lots  or  parts  of  the  aforesaid  tract,  to  be  assigned  to  the  settlers  afore- 
said by  lot.    And  the  President  of  the  United  States  is  hereby  author-    Patents  to  is- 
ized  and  empowered  to  issue  letters-patent  as  aforesaid  to  the  said  actual 8ue> 
settlers  and  their  heirs  for  the  said  twenty  thousand  acres,  to  be  held 
by  them  in  severally  in  lots  to  be  designated  and  described  by  their 
numbers  on  the  plat  aforesaid,  with  condition  in  the  same  letters-patent     On  condition, 
that  if  one  or  more  of  the  said  grantees  his  or  her  heirs  or  assigns  shall 
not  within  five  years  from  the  date  of  the  same  letters  make  or  cause 
and  procure  to  be  made  an  actual  settlement  on  the  lot  or  lots  assigned 
to  him,  her  or  them,  and  the  same  continue  for  five  years  thereafter, 
that  then  the  said  letters-patent  so  far  as  concerns  the  said  Idt  or  lots 
not  settled  and  continued  to  be  settled  as  aforesaid  shall  cease  and  de- 
termine and  the  title  thereof  shall  revest  in  the  United  States  in  the 
same  manner  as  if  this  law  had  not  passed. 

SEC.  5.  And  be  it  further  enacted,  That  nothing  in  this  act  shall  be     Settlers'  claims 
taken  or  considered  in  any  manner  to  impair  or  affect  the  claims  of  the 
said  settlers  against  any  person  or  persons  for  or  by  reason  of  any  con- 
tracts  heretofore  made  by  them,  but  that  the  same  contracts  shall  be 
and  remain  in  the  same  state  as  if  this  law  had  not  passed,  (a) 

(a)  See  Nos.  13,  40. 


b  OHIO. 

May  17  1796      No.  10. — AN"  ACT  to  authorize  Ebenezer  Zane  to  locate  certain  lands  in  the  territory 
Vol.  6,  p.  27.  of  tne  United  States  northwest  of  the  river  Ohio. 

Be  it  enacted,  <$-c.,  That,  upon  the  conditions  hereinafter  mentioned, 
to  Ebenez^rthere  sha11  be  granted  to  Ebenezer  Zane  three  tracts  of  land,  not  ex- 
Zane.  ceeding  one  mile  square  each,  one  on  the  Muskingum  River,  one  on 

Hockhocking  River,  and  one  other  on  the  north  bank  of  Sciota  River, 
and  in  such  situations  as  shall  best  promote  the  utility  of  a  road  to  be 
opened  by  him  on  the  most  eligible  route  between  Wheeling  and  Lime- 
stone, to  be  approved  by  the  President  of  the  United  States,  or  such 
Proviso.  person  as  he  shall  appoint  for  that  purpose ;  Provided,  Such  tracts  shall 

not  interfere  with  any  existing  claim,  location,  or  survey  ;  nor  include 
any  salt  spring,  nor  the  lands  on  either  side  of  the  river  Hockhocking 
at  the  falls  thereof. 

Ebenezer  Zane     SEC.  2.  And  be  it  further  enacted,  That  upon  the  said  Zane's  procur- 
to    procure    the  ing,  at  his  own  expense,  the  said  tracts  to  be  surveyed,  in  such  way 
tracts  to  be  sur-  and  manner  as  the  President  of  the  United  States  shall  approve,  and  re- 
eSense  &o         turning  into  the  Treasury  of  the  United  States  plats  thereof,  together 
with  warrants  granted  by  the  United  States  for  military  land-bounties, 
to  the  amount  of  the  number  of  acres  contained  inthe  said  three  tracts; 
and  also,  producing  satisfactory  proof,  by  the  first  day  of  January  next, 
that  the  aforesaid  road  is  opened,  and  ferries  established  upon  the  rivers 
aforesaid,  for  the  accommodation  of  travellers,  and  giving  security  that 
such  ferries  shall  be  maintained  during  the  pleasure  of  Congress ;  the 
President  of  the  United  States  shall  be,  and  he  hereby  is,  authorized 
and  empowered  to  issue  letters-patent,  in  the  name  and  under  the  seal 
of  the  United  States,  thereby  granting  and  conveying  to  the  said  Zane, 
and  his  heirs,  the  said  tracts  of  land  located  and  surveyed  as  aforesaid ; 
which  patents  shall  be  countersigned  by  the  Secretary  of  State,  and  re- 
Proviso,  corded  in  his  office :  Provided  always,  That  the  rates  of  ferriage,  at  such 
ferries,  shall,  from  time  to  time,  be  ascertained  by  any  two  of  the 
judges  of  the  territory  northwest  of  the  river  Ohio,  or  such  other  au- 
thority as  shall  be  appointed  for  that  purpose,  (a) 
(a)  See  No.  18. 


May  18,  1796. 
Vol.  1,  p.  464. 

A  surveyor- 
general  to  be  ap- 
pointed; his  pow- 
er and  duties. 


The  lands  how 
to  be  surveyed, 
laid  out,  &c. 


No.  11.— AN  ACT  providing  for  the  sale  of  the  lands  of  the  United  States,  in  the  ter- 
ritory northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  River. 

SECTION  1.  Be  it  enacted,  $~c. — That  a  surveyor-general  shall  be  ap- 
pointed, whose  duty  it  shall  be  to  engage  a  sufficient  number  of  skil- 
ful surveyors,  as  his  deputies ;  whom  he  shall  cause,  without  delay,  to 
survey  and  mark  the  unascertained  outlines  of  the  lauds  lying  north- 
west of  the  river  Ohio,  and  above  the  mouth  of  the  river  Kentucky,  in 
which  the  titles  of  the  Indian  tribes  have  been  extinguished,  and  to 
divide  the  same  in  the  manner  hereinafter  directed ;  he  shall  have  au- 
thority to  frame  regulations  and  instructions  for  the  government  of  his 
deputies ;  to  administer  the  necessary  oaths,  upon  their  appointments  ; 
and  to  remove  them  for  negligence  or  misconduct  in  office. 

SEC.  2.  Be  it  further  enacted,  That  the  part  of  the  said  lands,  which 
has  not  been  already  conveyed  by  letters-patent,  or  divided,  in  pur- 
suance of  an  ordinance  in  Congress,  passed  on  the  twentieth  of  Mayr 
one  thousand  seven  hundred  and  eighty-five,  or  which  has  not  been  here- 
tofore, and  during  the  present  session  of  Congress  may  not  be  appro- 
priated for  satisfying  military  land-bounties,  and  for  other  purposes, 
shall  be  divided  by  north  and  south  lines  run  according  to  the  true 
meridian,  and  by  others  crossing  them  at  right  angles,  so  as  to  form  town- 
ships of  six  miles  square,  unless  where  the  line  of  the  late  Indian  pur- 
chase, or  of  tracts  of  land  heretofore  surveyed  or  patented,  or  the  course 
of  navigable  rivers  may  render  it  impracticable ;  and  then  this  rule  shall 
be  departed  from  no  further  than  such  particular  circumstances  may 
require.  The  corners  of  the  townships  shall  be  marked  with  progressive 
numbers  from  the  beginning ;  each  distance  of  a  mile  between  the  said 
corners  shall  be  also  distinctly  marked  with  marks  different  from  those 
of  the  corners.  One-  half  of  the  said  townships,  taking  them  alternately, 
shall  be  subdivided  into  sections,  containing,  as  nearly  as  may  be,  six 
hundred  and  forty  acres  each,  by  running  through  the  same,  each  way, 
parallel  lines,  at  the  end  of  every  two  miles ;  and  by  marking  a  corner, 
on  each  of  the  said  lines,  at  the  end  of  every  mile;  the  sections  shall  be 
numbered  respectively,  beginning  with  the  number  one,  in  the  north- 
east section,  and  proceeding  westand  east  alternately,  through  the  town- 


OHIO.  7 

ship  with  progressive  numbers,  till  the  thirty- sixth  be  completed.  And 
it  shall  be  the  duty  of  the  deputy  surveyors,  respectively,  to  cause  to  be 
marked,  on  a  tree  near  each  corner  made,  as  aforesaid,  and  within  the 
section,  the  number  of  such  section,  and  over  it,  the  number  of  the  town- 
ship, within  which  such  section  may  be ;  and  the  said  deputies  shall 
carefully  note,  in  their  respective  field-books,  the  names  of  the  corner 
trees  marked,  and  the  numbers  so  made :  The  fractional  parts  of  town- 
ships shall  be  divided  into  sections,  in  manner  aforesaid,  and  the  frac- 
tions of  sections  shall  be  annexed  to,  and  sold  with,  the  adjacent  entire 
sections.  All  lines  shall  be  plainly  marked  upon  trees,  and  measured 
with  chains,  containing  two  perches  of  sixteen  feet  and  one-half  each, 
subdivided  into  twenty-five  equal  links,  and  the  chain  shall  be  adjusted 
to  a  standard  to  be  kept  for  that  purpose.  Every  surveyor  shall  note  in 
his  field-book  the  true  situations  of  all  mines,  saltlicks,  salt  springs  and 
mill-seats,  which  shall  come  to  his  knowledge;  all  water-courses,  over 
which  the  line  he  runs  shall  pass;  and  also  the  quality  of  the  lands. 
These  field-books  shall  be  returned  to  the  surveyor-general  who  shall 
therefrom  cause  a  description  of  the  whole  lands  surveyed,  to  be  made 
out  and  transmitted  to  the  officers  who  may  superintend  the  sales :  He  piat  of  town- 
shall  also  cause  a  fair  plat  to  be  made  of  the  townships,  and  fractional  ships  and  frac- 
parts  of  townships,  contained  in  the  said  lands,  describing  the  subdivi-  tiona1  parts  to  be 
sions  thereof,  and  the  marks  of  the  corners.  This  plat  shall  be  recorded  mi 
in  books  to  be  kept  for  that  purpose;  a  copy  thereof  shall  be  kept  open 
at  the  survey  or- general's  office,  for  public  information;  and  other  copies 
sent  to  the  places  of  the  sale,  and  to  the  Secretary  of  the  Treasury,  (a) 

SEC.  3.    Be  it  further  enacted,  That  a  salt  spring  lying  upon  a  creek     Reservations 
which  empties  into  the  Sciota  River,  on  the  east  side,  together  with  as  for    the    future 
many  contiguous  sections  as  shall  be  equal  to  one  township,  and  every  Smte8d  States**16 
other  salt  spring  which  may  be  discovered,  together  with  the  section  of 
one  mile  square  which  includes  it,  and  also  four  sections  at  the  centre 
of  every  township,  containing  each  one  mile  square,  shall  be  reserved, 
for  the  future  disposal  of  the  United  States;  but  there  shall  be  no  reser- 
vations, except  for  salt  springs,  in  fractional  townships,  where  the  frac- 
tion is  less  than  three-fourths  of  a  township.  (&) 

SEC.  4.    Be  it  further  enacted,  That  whenever  seven  ranges  of  town-     Sections  of  640 
ships  shall  have  been  surveyed  below  the  Great  Miami,  or  between  the  acres  (except  res- 
Sciota  River  and  the  Ohio  Company's  purchase,  or  between  the  southern  °S  atvendue, 
boundary  of  the  Connecticut  claims  and  the  ranges  already  laid  off,  be-  by  the  governor 
ginning  upon  the  Ohio  River  and  extending  westwardly,  and  the  plats  or    secretary  of 
thereof  made  and  transmitted,  in  conformity  to  the  provisions  of  this  J-J^68^™  $£ 
act,  the  said  sections  of  six  hundred  and  forty  acres  (excluding  those  survey  or -gen- 
hereby  reserved)  shall  be  offered  for  sale,  at  public  veiidue,  under  the  eral. 
direction  of  the  governor  or  secretary  of  the  western  territory,  and  the 
surveyor-general :  such  of  them  as  lie  below  the  Great  Miami  shall  be 
sold  at  Cincinnati ;  those  of  them  which  lie  between  the  Sciota  and  the 
Ohio  Company's  purchase,  at  Pittsburg ;  and  those  between  the  Con- 
necticut claim  and  the  seven  ranges,  at  Pittsburg.    And  the  townships     Undivided 
remaining  undivided  shall  be  offered  for  sale,  in  the  same  manner,  at  the  to™hiP8  to  be 
seat  of  government  of  the  United  States,  under  the  direction  of  the  Sec-  n°r  bv  theSecre" 
retary  of  the  Treasury,  in  tracts  of  one  quarter  of  a  township  lying  at  taryo'f  theTreas- 
the  corners  thereof,  excluding  the  four  central  sections,  and  the  other  my. 
reservations  before  mentioned:  Provided  always,  That  no  part  of  the    ^°  partof  the 
lands  directed  by  this  act  to  be  offered  for  sale,  shall  be  sold  for  less  J^  less  than  two 
than  two  dollars  per  acre.  dollars  per  acre. 

SEC.  5.    Be  it  further  enacted,  That  the  Secretary  of  the  Treasury,     Secretary     o  f 
after  receiving  the  aforesaid  plats,  shall  forthwith  give  notice,  in  one  SjS^J0  ^the 
newspaper  in  each  of  the  United  States,  and  of  the  territories  north-  times  Of  8aie  &c> 
west  and  south  of  the  river  Ohio,  of  the  times  of  sale ;  which  shall,  in 
no  case,  be  less  than  two  months  from  the  date  of  the  notice ;  and  the 
sales  at  the  different  places  shall  not  commence,  within  less  than  one 
month  of  each  other :  And  when  the  governor  of  the  western  territory, 
or  Secretary  of  the  Treasury,  shall  find  it  necessary  to  adjourn,  or  sus- 
pend the  sales  under  their  direction,  respectively,  for  more  than  three 
days,  at  any  one  time,  notice  shall  be  given  in  the  public  newspapers,  of 
such  suspension,  and  at  what  time  the  sales  will  re-commence. 

SEC.  6.    Be  it  further  enacted,  That  immediately  after  the  passing  of    Certain    other 
this  act,  the  Secretary  of  the  Treasury  shall,  in  the  manner  hereinbefore  lai 
directed,  advertise  for  sale,  the  lands  remaining  unsold  in  the  seven 
ranges  of  townships,  which  were  surveyed,  in  pursuance  of  an  ordinance 


8  OHIO. 

of  Congress,  passed  the  twentieth  of  May,  one  thousand  seven  hundred 
and  eighty-five,  including  the  lands  drawn  for  the  Army,  by  the  late 
Secretary  of  War,  and  also  those  heretofore  sold,  but  not  paid  for ;  the 
townships  which  by  the  said  ordinance,  are  directed  to  be  sold  entire, 
shall  be  offered  for  sale,  at  public  vendue  in  Philadelphia,  under  the 
direction  of  the  Secretary  of  the  Treasury,  in  quarter  townships,  re- 
serving the  four  centre  sections,  according  to  the  directions  of  this  act. 
The  townships,  which,  by  the  said  ordinance,  are  directed  to  be  sold  in 
sections,  shall  be  offered  for  sale  at  public  vendue,  in  Pittsburg,  under 
the  direction  of  the  governor  or  secretary  of  the  western  territory,  and 
such  person  as  the  President  may  specially  appoint  for  that  purpose,  by 
sections  of  one  mile  square  each,  reserving  the  four  centre  sections,  as 
aforesaid  ;  and  all  fractional  townships  shall  also  be  sold  in  sections,  at 
Pittsburg,  in  the  manner,  and  under  the  regulations  provided  by  this 
act,  for  the  sale  of  fractional  townships:  Provided  always,  That  nothing 
in  this  act  shall  authorize  the  sale  of  those  lots,  which  have  been  here- 
tofore reserved  in  the  townships  already  sold. 
Mode  of  pay-  SEC.  7.  Be  it  further  enacted,  That  the  highest  bidder  for  any  tract 

ment  and  of  ob-  of  land,  sold  by  virtue  of  this  act,  shall  deposit,  at  the  time  of  sale,  one- 

taining  a  patent,  twentieth  part  of  the  amount  of  the  purchase  money  ;  to  be  forfeited,  if 
a  moiety  of  the  sum  bid,  including  the  said  twentieth  part,  is  not  paid 
within  thirty  days,  to  the  Treasurer  of  the  United  States,  or  to  such  per- 
son as  shall  be  appointed  by  the  President  of  the  United  States,  to  attend 
the  places  of  sale  for  that  purpose ;  and  upon  payment  of  a  moiety  of 
the  purchase  money,  within  thirty  days,  the  purchaser  shall  have  one 
year's  credit  for  the  residue ;  and  shall  receive  from  the  Secretary  of  the 
Treasury,  or  the  governor  of  the  western  territory,  (as  the  case  may  be) 
a  certificate  describing  the  land  sold,  the  sum  paid  on  account,  the  bal- 
ance remaining  due,  the  time  when  such  balance  becomes  payable ;  and 
that  the  whole  land  sold  will  be  forfeited,  if  the  said  balance  is  not  then 
paid ;  but  that  if  it  shall  be  duly  discharged,  the  purchaser,  or  his  assignee, 
or  other  legal  representative,  shall  be  entitled  to  a  patent  for  the  said 
lands :  And  on  payment  of  the  said  balance  to  the  Treasurer,  within  the 
specified  time,  and  producing  to  the  Secretary  of  State  a  receipt  for  the 
same,  upon  the  aforesaid  certificate,  the  President  of  the  United  States 
is  hereby  authorized  to  grant  a  patent  for  the  lands  to  the  said  purchaser, 
his  heirs  or  assigns :  And  all  patents  shall  be  countersigned  by  the  Sec- 
retary of  State,  and  recorded  in  his  office.  But  if  there  should  be  a  fail- 
ure in  any  payment,  the  sale-  shall  be  void,  all  the  money  theretofore 
paid  on  account  of  the  purchase  shall  be  forfeited  to  the  United  States, 
and  the  lands  thus  sold  shall  be  again  disposed  of,  in  the  same  manner 
as  if  a  sale  had  never  been  made :  Provided  nevertheless,  That  should  any 
purchaser  make  payment  of  the  whole  purchase  money  at  the  time  when 
the  payment  of  the  first  moiety  is  directed  to  be  made,  he  shall  be  en- 
titled to  a  deduction  of  ten  per  centum  on  the  part,  for  which  a  credit 
is  hereby  directed  to  be  given;  and  his  patent  shall  be  immediately 
issued. 
Entries  to  be  SEC.  8.  Be  it  further  enacted,  That  the  Secretary  of  the  Treasury,  and 

made  of  the  date  the  governor  of  the  territory  northwest  of  the  river  Ohio,  shall  re- 

of  sales,  <fcc.         spectively,  cause  books  to  be  kept,  in  which  shall  be  regularly  entered, 
an  account  of  the  dates  of  all  the  sales  made,  the  situation  and  num- 
bers of  the  lots  sold,  the  price  at  which  each  was  struck  off,  the  money 
deposited  at  the  time  of  sale,  and  the  dates  of  the  certificates  granted 
Governor     o  r  to  the  different  purchasers.    The  governor,  or  secretary  of  the  said  ter- 

secretary   to ritory  shall,  at  every  suspension  or  adjournment,  for  more  than  three 
es  days,  of  the  sales  under  their  direction,  transmit  to  the  Secretary  of  the 
"  Treasury,  a  copy  of  the  said  books,  certified  to  have  been  duly  exam- 
Tracts  sold  to  ined  and  compared  with  the  original.    And  all  tracts  sold  under  this 

be  noted  on  the  act,  shall  be  noted  upon  the  general  plat,  after  the  certificate  has  been 

general  plat.        granted  to  the  purchaser,  (c) 
Navigable  riv-      SEC.  9.  And  be  it  further  enacted,  That  all  navigable  rivers,  within  the 

era  to  be  public  territory  to  be  disposed  of  by  virtue  of  this  act,  shall  be  deemed  to  be, 

highways.  and  remain  public  highways:  And  that  in  all  cases,  where  the  oppo- 

Streams    n  o  1 8ite  banks  of    any  stream,  not  navigable,  shall  belong  to  different 

common16'  ro  er°  Persons>  tne  stream  and  the  bed  thereof  shall  become  common  to 

Compensation      SEC.  10.  And  be  it  further  enacted,  That  the  surveyor-general  shall  re- 
of  surv. -general,  ceive  for  his  compensation,  two  thousand  dollars  per  annum ;  and  that 


OHIO.  9 

the  President  of  the  United  States  may  fix  the  compensation  of  the  as-     President    t  o 
sistarit  surveyors,  chain- carriers  and  axe-men :  Provided,  That  the  whole  Jfx  aSlSfsu^- 
expense  of   surveying  and  marking  the  lines,  shall  not  exceed  three  Veyors. 
dollars  per  mile,  for  every  mile  that  shall  be  actually  run  or   sur-    Expense  not  to 
vey ed.  exceed $d  for 

SEC.  11.  And  be  it  further  enacted,  That  the  following  fees  shall  be  paid  ever£  n"16  sur- 
for  the  services  to  be  done  under  this  act,  to  the  Treasurer  of  the  United  veye(L 
States,  or  to  the  receiver  in  the  western  territory,  as  the  case  may  be ;  f ^g1^ ;Sd 
for  each  certificate  for  a  tract  containing  a  quarter  of  a  township, 
twenty  dollars  ;  for  a  certificate  for  a  tract  containing  six  hundred  and 
forty  acres,  six  dollars ;  and  for  each  patent  for  a  quarter  of  a  town- 
ship, twenty  dollars ;  for  a  section  of  six  hundred  and  forty  acres,  six 
dollars :  And  the  said  fees  shall  be  accounted  for  by  the  receivers,  re- 
spectively. 

SEC.  12.  And  be  it  further  enacted,  That  the  sur  vey  or- general,  assistant     Oath  to  be  tak- 
surveyors,  and  chain- carriers,  shall,  before  they  enter  on  the  several en  bF  the  sur- 
duties  to  be  performed  under  this  act,  severally  take  an  oath  or  affirma-  &ecyor~gen 
tion,  faithfully  to  perform  the  same ;  and  the  person,  to  be  appointed    The  person  to 
to  receive   the  money  on  salt  s  in  the  western  territory,  before  he  shall  be  appointed  to 
receive  any  money  under  this  act,  shall  give  bond  with  sufficient  secu-  receive  the  mon- 
rity,  for  the  faithful 'discharge  of  his  trust:  That,  for  receiving,  safe-  fSto^'to  give 
keeping,  and  conveying  to  the  Treasury  the  money  he  may  receive,  he  bond,  &c. 
shall  be  entitled  to  a  compensation  to  be  hereafter  fixed. 

(a)  See  Xos.  12,  13,  21,  23,  25,  32,  36,  37,  42,  65,  76,  79,  81, 102, 119, 158. 

(b)  See  Nos.  28,  73,  76,  79, 105. 

(c)  SeeNos.  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81,  83,  84,  85, 

87,  88,  90,  99,  102, 108,  111,  113, 126, 130, 132, 133, 145, 155, 158, 175, 185. 

(d)  See  No.  12. 


No.  12.— AN  ACT  regulating  the  grants  of  land  appropriated  for  military  services,  June  1,  1796. 
and  for  the  Society  of  United  Brethren,  for  propagating  the  Gospel  among  the  Vol.  1,  p.  490. 
Heathen.  


SECTION  1.  Be  it  enacted,  4-0.,  That  the  surveyor-general  be,  and  he  is  Surveyor- gen- 
hereby  required,  to  cause  to  be  surveyed,  the  tract  of  land  beginning  j*?J  ^a^to'lbe 
at  the  northwest  corner  of  the  seven  ranges  of  townships,  and  running  8urveyed. 
thence  fifty  miles  due  south,  along  the  western  boundary  of  the  said 
ranges ;  thence  due  west  to  the  main  branch  of  the  Scioto  River ;  thence 
up  the  main  branch  of  the  said  river,  to  the  place  where  the  Indian 
boundary  line  crosses  the  same ;  thence  along  the  said  boundary  line, 
to  the  Tuscaroras  branch  of  the  Muskinguin  River,  at  the  crossing- place 
above  Fort  Lawrence  ;  thence  up  the  said  river,  to  the  point,  where  a 
line,  ruudue  west  from  the  placeof  beginning,  will  intersect  thesaidriver; 
thence  along  the  line  so  run  to  the  place  of  beginning ;  and  shall  cause 
the  said  tracts  to  be  divided  into  townships  of  five  miles  square,  by  run- 
ning, marking  and  numbering  the  exterior  lines  of  the  said  townships, 
and  marking  corners  in  the  said  lines,  at  the  distance  of  two  and  one- 
half  miles  from  each  other,  in  the  manner  directed  by  the  act,  intituled 
"An  act  providing  for  the  sales  of  the  lands  of  the  United  States,  in  the 
territory  northwest  of  the  river  Ohio,  and  above  the  mouth  of  Ken- 
tucky River;"  and  that  the  lauds  above  described,  except  the  salt 
springs  therein,  and  the  same  quantities  of  land  adjacent  thereto,  as 
are  directed  to  be  reserved  with  the  salt  springs,  in  the  said  recited  act, 
and  such  tracts  within  the  boundaries  of  the  same,  as  have  been  here- 
tofore appropriated  by  Congress,  be,  and  they  are  hereby,  set  apart  and 
reserved  for  the  purposes  hereinafter  mentioned,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  said  land  shall  be  granted     Duty    of    the 
only  in  tracts  containing  a  quarter  of  the  township  to  which  they  be- 
long,  lying  at  the  corners  thereof ;  and  that  the  Secretary  of  the  Treas- 
ury shall,  for  the  space  of  nine  months,  after  public  notice  in  the  sev- 
eral States  and  'Territoiies,  register  warrants  for  military  services,  to 
the  amount  of  any  one  or  more  tracts,  for  any  person  or  persons  hold- 
ing the  same ;  and  shall  immediately  after  the  expiration  of  the  said     priority  Of  lo- 
time,  proceed  to  determine,  by  lot,  to  be  drawn  in  the  presence  of  the  cation    how   de- 
Secretaries  of  State  and  of  War,  the  priority  of  location  of  the  said  termined, 
registered  warrants;  and  the  person  or  persons  holding  the  same,  shall 
severally  make  their  locations,  after  the  lots  shall  be  proclaimed,  on  a 
day  to  be  previously  fixed  in  the  before-mentioned  notice ;  in  failure  of 


10  OHIO. 

which,  they  shall  be  postponed  in  locating  such  warrants,  to  all  other 
and  patents  persons  holding  registered  warrants  :  And  the  patents  for  all  lands  lo- 
granted.  cated  under  the  authority  of  this  act,  shall  be  granted  in  the  manner 

directed  by  the  before-mentioned  act,  without  requiring  any  fee  therefor. 

Privilege     t  o     SEC.  3.  And  be  it  further  enacted,  That  after  the  time  limited  for  mak- 

certain    persons  ing  the  locations,  as  aforesaid,  any  person  or  persons  holding  warrants, 

ranite  *  '  of  fcne  Before-mentioned  description,  sufficient  to  cover  any  one  or  more 

tracts,  as  aforesaid,  shall  be  af  liberty  to  make  their  locations,  on  any 

tract  or  traces  not  before  located. 

Lands  unlo-  SEC.  4.  And  le  it  further  enacted,  That  all  the  lands  set  apart  by  the 
cated  after  the  first  section  of  this  act,  which  shall  remain  unlocated  on  the  first  day 
1st  January  to  of  January,  in  the  year  one  thousand  eight  hundred,  shall  be  released 
of  United  States3  from  the  8aid  reservation,  and  shall  beat  the  free  disposition  of  the 

United  States,  in  like  manner  as  any  other  vacant  territory  of  the  United 
Claims  limited.  States.  And  all  warrants  or  claims  for  lands  on  account  of  military 

services,  which  shall  not,  before  the  day  aforesaid,  be  registered  and 

located,  shall  be  forever  barred.  (6) 

Three  tracts  SEC.  5.  And  ~be  it  further  enacted,  That  the  said  surveyor-general  be, 
to  be  surveyed  and  he  is  hereby,  required  to  cause  to  be  surveyed  three  several  tracts 
propa°atLn2  the  of  lan<i>  containing  four  thousand  acres  each,  at  Shoenbrun,  Gnaden- 
Gospel  among  hutten,  and  Salem ;  being  the  tracts  formerly  set  apart,  by  an  ordinance 
the  heathen.  °  of  Congress  of  the  third  of  September,  one  thousand  seven  hundred  and 

eighty-eight,  for  the  Society  of  United  Brethren  for  propagating  the 

Gospel  among  the  Heathen ;  and  to  issue  a  patent  or  patents  for  the  said 

three  tracts  to  the  said  society,  in  trust,  for  the  uses  and  purposes  in  the 

said  ordinance  set  forth,  (c) 
Reservations.        SEC.  6.  And  be  it  further  enacted,  That  all  navigable  streams  or  rivers 

within  the  territory  to  be  disposed  of,  by  virtue  of  this  act,  shall  be 

deemed  to  be  and  remain  public  highways.    And  that,  in  all  cases, 

where  the  opposite  banks  of  any  stream  not  navigable  shall  belong  to 

different  persons,  the  stream  and  the  bed  thereof  shall  be  common  to 

both,  (d) 

(a)  See  Xos.  11, 18,  32,  38, 42,  71, 130. 

(6)  See  Nos.  15, 17, 18,  27,  32,  34,  38,  4^,  49,  50,  60,  71, 128, 130, 131, 135, 139. 

(c)  See  Xos.  18, 102,  111,  113, 176. 

(d)  See  Xo.  11. 


No.  12a. — AX  ACT  for  the  relief  of  the  refugees  from  the  British  provinces  of 

Canada  ^  *ova  Scotia- 

Notice  to  b        SECTION  1,  Be  it  enacted,  <$~c.,  That  to  satisfy  the  claims  of  certain 

given  by  the  Sec-  persons  claiming  lands  under  the  resolutions  of  Congress,  of  the  twenty- 

retary     of    the  third  of  April,  one  thousand  seven  hundred  and  eighty-three,  and  the 

Treasury     to  thirteenth  of  April,  one  thousand  seven  hundred  and  eighty-five,  as 

refugees  from  the  British  provinces  of  Canada  and  Nova  Scotia,  the 

Secretary  for  the  Department  of  War  be,  and  is  hereby  authorized  and 

directed  to  give  notice  in  one  or  more  of  the  public  papers,  of  each  of  the 

States  of  Vermont,  Massachusetts,   New  York,  New  Hampshire,  and 

Pennsylvania,  to  all  persons  having  claims  under  the  said  resolutions, 

to  transmit  to  the  War  Office,  within  two  years  after  the  passing  of  this 

act,  a  just  and  true  account  of  their  claims  to  the  bounty  of  Congress. 

,       ,       .         SEC.  2.  And  be  it  further  enacted,  That  no  other  persons  shall  be  entitled 

tion  o  f  plsraons  *°  *ue  benefit  °f  the  provisions  of  this  act,  than  those  of  the  following 

shall  be  entitled  descriptions,  or  their  widows  and  heirs,  viz  :  First,  those  heads  of  farni- 

to  the  benefit  of  lies,  and  single  persons,  not  members  of  any  such  families,  who  were 

residents  in  one  of  the  provinces  aforesaid,  prior  to  the  fourth  day  of 

July,  one  thousand  seven  hundred  and  seventy-six,  and  who  abandoned 

their  settlements,  in  consequence  of  having  given  aid  to  the  United 

Colonies  or  States,  in  the  revolutionary  war  against  Great  Britain,  or 

with  intention  to  give  such  aid,  and  continued  in  the  United  States,  or 

in  their  service,  during  the  said  war,  and  did  not  return  to  reside  in  the 

dominions  of  the  king  of  Great  Britain,  prior  to  the  twenty-fifth  of 

November,  one  thousand  seven  hundred  and  eighty-three.     Secondly, 

the  widows  and  heirs  of  all  such  persons  as  were  actual  residents,  as 

aforesaid,  who  abandoned  their  settlements  as  aforesaid,  and  died  within 

the  United  States,  or  in  their  service,  during  the  said  war :  And  thirdly, 


OHIO.  .11 

all  persons  who  were  members  of  families  at  the  time  of  their  coming  into 
the  United  States,  and  who,  during  the  war,  entered  into  their  service. 

SEC.  3.  And  be  it  further  enacted,  That  the  proof  of  the  several  circum-     Before    whom 
stances  necessary  to  entitle  the  applicants  to  the  benefits  of  this  act,  proof    o,f  facts 
maybe  taken  before  a  judge  of  the  Supreme  or  district  court  of  themayD< 
United  States,  or  a  judge  of  the  supreme  or  superior  court,  or  the  first 
justice  or  first  judge  of  the  court  of  common  pleas  or  county  court  of  any 
State. 

SEC.  4.  And  be  it  further  enacted,  That  at  the  expiration  of  fifteen     Secretary     of 
months  from  and  after  the  passing  of  this  act,  and  from  time  to  time  War  and  Secre- 
thereafter,  it  shall  be  the  duty  of  the  Secretary  for  the  Department  of  JaTT  and  Comp- 
War  to  lay  such  evidence  of  claims  as  he  may  have  received,  before  the  Treasury0  to  ex> 
Secretary  and  Comptroller  of  the  Treasury,  and  with  them,  proceed  to  amineand  report 
examine  the  testimony,  and  give  their  judgment  what  quantity  of  land  upon  the  claims, 
ought  to  be  allowed  to  the  individual  claimants,  in  proportion  to  the 
degree  of  their  respective  services,  sacrifices  and  sufferings,  in  conse- 
quence of  their  attachment  to  the  cause  of  the  United  States ;  allowing 
to  those  of  the  first  class,  a  quantity  not  exceeding  one  thousand  acres ;     In  what  man- 
and  to  the  last  class,  a  quantity  not  exceeding  one  hundred,  making  ner    their  judg- 
such  intermediate  classes  as  the  resolutions  aforesaid,  and  distributive  ^ 
justice,  may,  in  their  judgment,  require ;  and  make  report  thereof  to 
Congress.    And  in  case  any  such  claimant  shall  have  sustained  such 
losses  and  sufferings,  or  performed  such  services  for  the  United  States, 
that  he  cannot  justly  be  classed  in  any  one  general  class,  a  separate 
report  shall  be  made  of  his  circumstances,  together  with  the  quantity 
of  land  that  ought  to  be  allowed  him,  having  reference  to  the  foregoing 
ratio:  Provided,  That  in  considering  what  compensation  ought  to  be 
made  by  virtue  of  this  act,  all  grants,  except  military  grants,  which 
may  have  been  made  by  the  United  States,  or  individual  States,  shall  be 
considered  at  the  just  value  thereof,  at  the  time  the  same  were  made, 
respectively,  either  in  whole  or  in  part,  as  the  case  may  be,  a  satisfac- 
tion to  those  who  may  have  received  the  same :  Provided  also,  That  no    Claims  not  as- 
claim  under  this  law  shall  be  assignable  until  after  report  made  tosignakle    until 
Congress,  as  aforesaid,  and  until  the  said  lands  be  granted  to  the  per- Srants  are  made- 
sons  intitled  to  the  benefit  of  this  act. 

SEC.  5.  Be  it  further  enacted,  That  all  claims,  in  virtue  of  said  resolu-    Limitation    of 
tions  of  Congress,  which  shall  not  be  exhibited  as  aforesaid,  within  the  claims, 
time  by  this  act  limited,  shall  forever  thereafter  be  barred,  (a) 

(a)  See  Nos.  23,  33,  33a,  50a,  55,  80. 

No. 13. — AN  ACT  to  authorize  a  grant  of  lands  to  Stephen  Monot,  and  others,  inhab-     June  25,  1793. 

itants  of  Galliopolis,  therein  named.  Vol.  6,  p.  35. 

Be  it  enacted,  #c.,  That  it  shall  be  the  duty  of  the  surveyor-general     gurve to    ^e 
of  the  Northwestern  Territory,  to  survey  one  thousand  two  hundred  maae    of      1200 
acres  of  land,  beginning  on  the  bank  of  the  Ohio  River,  at  the  lower  acres  of  land, 
corner  of  a  tract  surveyed  pursuant  to  an  act  of  Congress,  entitled  "  An 
act  to  authorize  a  grant  of  lands  to  the  French  inhabitants  of  Galli- 
opolis, and  for  other  purposes  therein  mentioned,"  and  running  thence 
down  said  river  along  the  courses  thereof,  six  hundred  and  forty  poles 
when  reduced  to  a  straight  Hue,  thence  extending  back  from  the  river  » 

and  parallel  to  the  lower  line  of  the  said  grant  so  far  as  to  include  the 
quantity  aforesaid.  And  the  said  surveyor-general  shall,  by  lines  plainly 
marked  upon  trees,  divide  the  said  tract  into  eight  equal  parts  or  lots,     To  be  divided 
having  each  as  nearly  as  may  be,  an  equal  front  on  the  river,  and  des-  Jto  eisht  Parts> 
ignated  by  progressive  numbers,  marked  on  the  corners  thereof.     And    ' 
the  surveyor-general,  when  the  said  lots  are  laid  off  and  numbered  as 
aforesaid,  shall  distribute  or  assign  the  same  by  lot,  to  Stephen  Monot, 
Lewis  Anthony  Carpentier,  Lewis  Vimont,  Francis  Valton,  Lewis  Philip, 
A.  Fichon,  Anthony  Maquet,  Margaret  G.  C.  Champaigne,  wife  of  Peter 
A.  Laforge,  and  Maria  I.  Dalliez,  wife  of  Peter  Luc,  and  to  their  heirs, 
being  inhabitants  of  Galliopolis,  who  were  prevented  from  obtaining 
their  proportion  of  the  land  granted  by  the  act  aforesaid.     The  said     plats    to    be 
survey  or- general  shall  also  make  out  a  fair  plat  of  the  said  tract,  and  made     of    the 
shall  designate  thereon  the  said  lots  marked  each  with  the  name  of  the  tract  and  lota- 
person  to  whom  the  same  shall  have  been  assigned  by  lot  as  aforesaid, 
which  plat  with  a  certificate  of  the  bounds  and  courses  of  the  said  tract 
d  lots  he  shall  record  in  his  office,  and  return  a  copy  thereof  to  the 
retary  of  State,  to  be  filed  in  his  office. 


12  OHIO. 

Letters -patent  SEC.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
to  be  issued  States  be,  and  he  is  hereby  authorised  and  empowered  to  issue  letters- 
patent  in  the  usual  form,  thereby  granting  to  the  persons  above  named, 
and  to  their  heirs,  the  said  tract  of  land  to  be  held  by  them  and  their 
heirs  in  severalty,  in  lots  designated,  numbered  and  marked  as  afore- 
said. 

Saving  of  pri-      SEC.  3.  And  be  it  further  enacted.  That  nothing  in  this  act  shall  be 
vate      contracts  taken  or  consid  ered  in  any  manner  to  affect  the  claims  of  the  persons 
made   with    the  herein  named  against  any  person  or  persons,  for  or  by  reason  of  any  con- 
tracts heretofore  made  by  them,  but  that  the  same  contracts  shall  be 
and  remain  in  the  same  state  as  if  this  act  had  not  passed.  («) 
(a)  See  Xos.  9,  40. 


No.  14.— AX  ACT  authorizing  the  grant  and  conveyance  of  a  certain  lot  of  ground  to 

Sec  y  Treasury      Be  it  enacted,  <$-c.,  That  the  Secretary  of  the  Treasury  be,  and  he  hereby 
ithorized  to  MU  is  authorized  to  contract  with  Elie  Williams,  for  the  sale  of  a  certain 
of  lot  of  ground,  twenty  perches  in  length,  and  sixteen  perches  in  breadth. 


situate  in  the  town  of  Cincinnati,  in  the  territory  northwest  of  the 
Ohio,  it  being  the  same  lot  on  which  certain  buildings  were  erected  by 
the  said  Elie  Williams  and  Robert  Elliot,  deceased,  when  contractors 
for  supplying  the  western  army  with  provisions. 

Patent   to    be     SEC.  2.  And  be  it  further  enacted,  That  on  payment  into  the  Treasury 
granted.  of  the  United  States  of  such  sum  or  sums  of  money  as  shall  have  been 

agreed  upon  between  the  said  Elie  Williams  and  the  Secretary  of  the 
Treasury,  as  the  price  of  the  above  mentioned  lot,  the  President  of  the 
United  States  be,  and  he  is  hereby  authorized  to  grant  a  patent  for  the 
same,  to  the  said  Elie  Williams,  his  heirs  or  assigns. 


March  ii.  1799.  ^Vo.  15. — AX  ACT  to  amend  the  act  intituled  "An  act  regulating  the  grants  of  land 
Vol.  1,  p.  724.  appropriated  for  military  services,  and  for  the  Society  of  the  United  Brethren,  for 
propagating  the  Gospel  among  the  Heathen." 


Repeal.  SECTION  1.  Be  it  Gnawed,  $c.t  That  the  fourth  section  of  an  act,  inti- 

tuled '-An  act  regulating  the  grants  of  land  appropriated  for  military 
berviceci,  and  for  the  Society  of  the  United  Brethren,  for  propagating 
the  Gospel  among  the  Heathen,'''  be,  and  the  same  is  hereby  repealed. 
Lands    unlo-      SEC.  2.  And  be  it  further  enacted,  That  all  the  lands  set  apart  by  the 
cated  Jan.  1,1802,  first  section  of  the  above-mentioned  act,  which  shall  remain  nnlocated 
to^  be  subject  to  on  tfle  nrst  ^ay  of  january>  in  the  year  one  thousand  eight  hundred 
and  two,  shall  be  released  from  the  said  reservation,  and  shall  be  at  the 
free  disposition  of  the  Unite  d  States,  in  like  manner  as  any  other  va- 
i  cant  territory  of  the  United  States.     And  that  all  warrants  or  claims 

ior  lands  on  account  of  military  services,  which  shall  not,  before  the 
Limitation.        day  aforesaid,  be  registered  arid*  located,  shall  be  forever  barred,  (a) 
(a)  See  Xos.  12.  17  IS,  27.  32.  34,  38,  42,  49,  50,  60,  71,  128,  130,  131,  135,  139. 


March  2,  1799     No.  16.— AX  ACT  to  authorize  the  sale  of  certain  lands  between  the  Great  and  Little 
Vol.  1.  p.  728.         Miami  rivers  in  the  territory  of  the  United  States  northwest  of  the  Ohio ;  and  for 
'         giving  a  pre-emption  to  certain  purchasers  and  settlers. 

Contractors  SECTION  1.  Be  it  enacted,  $-c.,  That  any  person  or  persons,  who  before 
with  John  C.  the  first  day  of  April,  in  the  year  one  thousand  seven  hundred  and 
Bright8  of  pre6  ninety-seven,  had  made  any  contract  or  contracts,  in  writing,  with 
emption,  on  mak-  John  Cleves  Symmes,  for  the  purchase  of  lands  between  the  Great 
ing  certain  pay-  and  Little  Miami  rivers,  which  are  not  comprehended  in  his  patent, 
ments-  dated  the  thirtieth  day  of  September,  one  thousand  seven  hundred 

and  ninety -four,  shall  be  entitled  to  a  preference,  in  pui  chasing  of  the 
United  States,  all  the  lands  so  contracted  for,  at  the  price  of  two  dol- 
lars an  acre,  to  be  paid  to  the  Treasurer  of  the  United  States,  as  follows : 
one-third  part  of  the  purchase  money,  on  or  before  the  first  day  of 
September  next ;  one  other  third  part  in  one  year  from  the  said  first  day 
of  September  ;  and  the  remaining  third  part  in  two  years  from  the  said 
first  day  of  September ;  which  two  last  payments  shall  be  secured  in  the 
manner  pointed  out  and  directed  by  the  act,  intituled  "An  act  for  pro- 


OHIO.  13 

viding  for  the  sale  of  the  lands  of  the  United  States  in  the  territory 
northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  River." 
And  that  upon  each  payment,  the  same  evidences  of  purchase  and  title 
shall  be  given  to  the  purchasers,  respectively,  as  to  purchasers  under 
the  said  recited  act.  (a) 

SEC.  2.  And  be  it  further  enacted,  That  each  and  every  person  claiming   .Notice   to    be 
the  benefit  of  this  act,  shall,  on  or  before  the  first  day  of  September  next,  f™*  bv  P^rcha- 
give  notice,  in  writing,  to  the  Secretary  of  the  Treasury,  or  to  the  sur- 
veyor-general, that  they  claim  the  right  of  pre-emption,  by  this  act 
offered,  and  do  assent  to  the  terms  of  sale  established  by  this  act.    And    Right  of  pre- 
if  any  person  shall  neglect  to  give  the  said  notice,  or  shall  fail  in  mak-  i"1?^11  may  be 
ing  the  first  payment,  as  before  directed,  all  right  of  pre-emption       ' 
shall  cease,  and  become  void ;  and  the  lands  shall  be  surveyed  and  sold 
agreeably  to  the  directions  of  the  before-recited  act. 

SEC.  3.  And  be  it  further  enacted,  That  the  surveyor-general  shall,  as     The  lands    to 
soon  as  may  be,  after  the  receipt  of  the  notice  aforesaid,  lay  off  and  sur-  be 
vey  the  said  lands,  agreeably  to  the  directions  of  the  said  recited  act, 
unless  the  said  lands  have  been  heretofore  surveyed  and  laid  off  by  the 
said  contractors  or  settlers ;  in  which  case,  the  surveyor-general  shall 
survey  the  outlines  of  such  tract  or  tracts,  so  as  to  ascertain  the  con- 
tents, and  shall  cause  the  same  to  be  recorded  and  deposited,  as  in  and 
by  the  said  recited  act  is  directed  for  the  plats  and  surveys  made  un- 
der that  act. 

SEC.  4.  And  be  it  further  enacted,  That  it  may  be  lawful  for  the  Secre-     p  UJ  °  h  a  J?trf 
tary  of  the  Treasury  to  credit  the  said  purchasers  with  such  reasonable  ™^  tlfe  expense 
sum  or  sums  of  money  as  have  been  expended  in  surveying  the  said  Of»  surveying. 
land ;  provided  the  same  does  not  exceed  the  sums  allowed  by  the 
United  States  to  their  own  surveyors  for  the  like  services. 

SEC.  5.  And  be  it  further  enacted,  That  the  evidences  of  the  public    Evidences    o  f 
debt  of  the  United  States  shall  be  receivable  in  payment  for  the  said  Je    received™  m 
lands,  agreeably  to  the  directions  of  an  act,  intituled  "An  act  to  author-  payment, 
ize  the  receipt  of  evidences  of  the  public  debt  in  payment  for  the  lands 
of  the  United  States."  (&) 

(a)  See  No.  11. 

(&)  See  Nos.  4,  6,  25, 30, 31, 32,  36, 133, 170, 181. 


No.  17.— AN  ACT  giving  further  time  to  the  holers  of  military  warrants,  to  regis-     Feb.  11,  1800. 
ter,  and  locate  the  same.  Vol.  2,  p.  7. 


Be  it  enacted,  $c.,  That  the  Secretary  of  the  Treasury  shall,  for  the     Time  extended 
space  of  fourteen  days  after  the  expiration  of  the  nine  months  hereto-  for    registering 
fore  allowed  for  that  purpose,by  the  act,  intituled  "An  act  regulating  warrants, 
the  grants  of  land,  appropriated  for  military  services,  and  for  the  So- 
ciety of  the  United  Brethren  for  propagating  the  Gospel  among  the 
Heathen,"  register  warrants  for  military  services  in  the  form  and  man- 
ner as  is  prescribed  by  the  said  recited  act ;  and  the  priority  of  location    Priority  of  lo- 
of  said  warrants,  and  the  warrants  registered  under  the  said  recited  act  cation  to  be  de- 
shall  be  determined  by  lot,  immediately  after  the  expiration  of  the  said  termined  by  lot. 
fourteen  days,  and  a  day  for  the  location  shall  be  fixed  by  the  Secre- 
tary of  the  Treasury,  in  a  public  notice  given  in  one  of  the  gazettes  of 
the  city  of  Philadelphia,  (a) 

(a)  See  Nos.  12, 15, 18, 27,  32, 34, 38, 42, 49, 50, 60, 71, 128, 130, 131, 135, 139. 


No.  18.—  AN  ACT  in  addition  to  an  act  intituled  "An  act  regulating  the  grants  of     March  1,  1800. 
land  appropriated  for  military  services,  and  for  the  Society  of  the  United  B 
for  propagating  the  Gospel  among  the  Heathen. 


, 

and  for  the  Society  of  the  United  Brethren     Vol.  2,  p.  14. 
" 


SECTION  1.  Be  it  enacted,  <fc.,  That  the  respective  points  of  intersec-    Points  of  inter- 
tion  of  the  lines  actually  run,  as  the  boundaries  of  the  several  town-  fSes'actuallvrun 
ships  surveyed  by  virtue  of  the  act  intituled  "An  act  regulating  the  are  to  be  COnSid- 
grants  of  land  appropriated  for  military  services  and  for  the  Society  ered  as  the  cor- 
of  the  United  Brethren  for  propagating  the  Gospel  among  the  Hea-  ners    of    town- 
then,"  accordingly  as  the  said  lines  have  been  marked  and  ascertained  8luP8- 
at  the  time  when  the  same  were  run,  notwithstanding  the  same  are 
not  in  conformity  to  the  act  aforesaid,  or  shall  not  appear  to  correspond 


14  OHIO. 

with  the  plat  of  the  survey  which  has  been  returned  by  the  surveyor- 
general,  shall  be  considered,  and  they  are  hereby  declared  to  be  the 
Boundaries  of  corners  of  the  said  townships:  That  in  regard  to  every  such  township 
quarter      town-  as  by  the  plat  and  survey  returned  by  the  surveyor-general  is  stated 
ships, where  they  to  contain  four  thousand  acres  in  each  quarter  thereof,  the  points  on 
are  stated  to  con-  e^fo  of  tne  boundary  lines  of  such  township,  which  are  at  an  equal  dis- 
sand  acre's.       U  tance  from  those  two  corners  of  the  same  township,  which  stand  on  the 
same  boundary  line,  shall  be  considered  and  they  are  hereby  declared 
to  be  corners  of  the  respective  quarters  of  such  township  ;  that  the  other 
boundary  lines  of  the  said  quarter  townships  shall  be  straight  lines  run 
from  each  of  the  last-mentioned  corners  of  quarter  townships  to  the 
Boundaries  of  corner  of  quarter  townships  on  the  opposite  boundary  line  of  the  same 
viuarter      town-  township  ;  and  that  in  regard  to  every  such  township  as  by  the  said  re- 
snips,  where  they  turn  is  stated  to  contain  in  any  of  the  quarters  thereof  more  or  less  than 
Sfn9more  or  less  ^  Quantity  of  four  thousand  acres,  the  corners  marked  in  the  boundary 
than  four  thou-  lines  of  such  township  to  designate  the  quarters  thereof,  shall  be  consid- 
sand  acres.  ered  and  they  are  hereby  declared  to  be  the  corners  of  the  quarter  town- 

Method  of  run-  ships  thereof,  although  the  same  may  be  found  at  unequal  distances  from 
ning  lines.  the  respective  corners  of  such  townships :  And  such  townships  shall  be 

divided  by  running  lines  through  the  same  from  the  corners  of  the  quar- 
ter townships  actually  marked,  whether  the  interior  lines  thus  extended 
shall  be  parallel  to  the  exterior  lines  of  the  said  township  or  not ;  and 
that  each  of  the  said  quarter  townships  thus  bounded,  shall,  in  every 
proceeding  to  be  had  under  the  above-mentioned  or  this  act,  be  consid- 
ered as  containing  the  exact  quantity  expressed  in  the  plat  and  survey 
thereof  returned  by  the  survey  or- general,  (a) 

Locations  may      SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  pro- 
be made  on  the  prietors  or  holders  of  warrants  for  military  services,  which  have  been,  or 
fhe^olders    of 8na11  be  registered  at  the  Treasury  in  pursuance  of  the  act  intituled  "An 
warrants  for  mil-  act  regulating  the  grants  of  land  appropriated  for  military  services,  and 
itary  serrices.      for  the  Society  of  the  United  Brethren,  for  propagating  the  Gospel  among 
the  Heathen,"  during  the  time,  in  the  manner,  and  according  to  the 
rights  of  priority,  which  may  be  acquired  in  pursuance  of  said  act,  to 
locate  the  quantities  of  land  mentioned  in  the  warrants  by  them  respec- 
tively registered,  as  aforesaid,  on  any  quarter  township  or  fractional 
Certain     frac-  part  of  a  quarter  township,  in  the  general  tract  mentioned  and  described 
tional      quarter  in  said  act :  Provided  always,  That  the  fractional  quarter  townships  upon 
"nbifor  t0four tne  river  Sciota,  and  those  upon  the  river  Muskingum  adjoining  the 
thousand  acres,    grant  made  to  Ebenezer  Zane,  or  the  towns  Salem,  Gnadenhutten,  or 
Shoenbmn,  or  the  Indian  boundary  line,  shall  in  every  case  be  accepted 
and  taken  in  full  satisfaction  for  four  thousand  acres.  (6) 

When  locations      SEC.  3.  And  be  it  further  enacted,  That  whenever  locations  shall  be 
a  r  e     made     on  made  on  any  quarter  township,  which,  according  to  the  actual  survey 
sfcdpastatodto  and  Plat  thereof,  returned  by  the  surveyor-general,  is  stated  to  contain 
contain  less  than  less  than  the  quantity  of  four  thousand  acres,  except  in  the  case  of  f rac- 
f  our    thousand  tions  provided  for  in  the  preceding  section,  it  shall  be  lawful  for  the 
acres,  the  Secre-  Secretary  of  the  Treasury  to  issue,  or  cause  to  be  issued,  certificates, 
shall0 cau^T^ceJ  expressing  the  number  of  acres  remaining  unsatisfied  of  any  registry  of 
tificates  to  be  is-  warrants  for  the  quantity  of  four  thousand  acres,  made  in  pursuance  of 
sued  for  the  defi-  the  act  before  recited,  which  certificates  shall  have  the  same  validity  and 
effect,  and  be  liable  to  be  barred  in  like  manner  as  warrants  granted  for 
military  services,  but  no  certificate  shall  be  granted,  nor  any  claim 
allowed  for  less  than  fifty  acres,  nor  for  the  navigable  water  contained 
within  the  limits  of  any  quarter  township  or  fractional  quarter  town- 
ship. 

What  is  to  be      SEC.  4.  And  be  it  further  enacted,  That  whenever  a  location  shall  be 
done  when  they  made  on  any  quarter  township,  which,  according  to  the  actual  survey 
quarter      to  JS  and  Plat  thereof>  returned  by  the  surveyor-general,  is  stated  to  exceed 
ships  stated    to  the  quantity  of  four  thousand  acres,  no  patent  shall  be  issued  in  pursu- 
contain     more  ance  thereof,  until  the  person  making  such  location,  shall  deposit  at 
than  four  thou-  ^ne  Treasury,  warrants  for  military  services  or  certificates  issued  by  vir- 
tue of  the  preceding  section,  equal  to  the  excess  above  four  thousand 
acres,  contained  in  such  quarter  township,  or  shall  pay  into  the  Treasury 
Land    at    two  of  the  United  States  two  dollars  per  acre,  in  the  certificates  of  the  six 
dollars  per  acre.   per  cent.  funded  debt  of  the  United  States,  or  money,  for  each  acre  of 

Reservations  the  excess  above  four  thousand  acres  as  aforesaid.(c) 
for     satisfying      gEC§  5>  ^nd  be  it  further  enacted,  That  after  the  priority  of  location 
ro^Tndiv'iduSs  8ha11  have  k®611  determined,  and  after  the  proprietors  or  holders  of  war- 
f  or  their  services,  rants  for  military  services  shall  have  designated  the  tracts  by  them  re- 


OHIO.  15 

spectively  elected  ;  it  shall  be  tha  duty  of  the  Secretary  of  the  Treasury 
to  designate  by  lot,  in  the  presence  of  the  Secretary  of  War,  fifty  quarter 
townships,  of  the  lands  remaining  unlocated,  which  quarter  townships, 
together  with  the  fractional  parts  of  townships  remaining  unlocated, 
shall  be  reserved  for  satisfying  warrants  granted  to  individuals  for  their 
military  services,  in  the  manner  hereafter  provided. 

SEC.  6.  And  be  it  further  enacted,  That  the  land  in  each  of  the  quartter     Reservations 
townships  designated  as  aforesaid,  and  in  such  of  the  fractional  parts  to  be  divided  in- 
of  quarter  townships,  as  may  then  remain  unlocated,  shall  be  divided  by  £°  lots    of    one 
the  Secretary  of  the  Treasury,  upon  the  respective  plats  thereof,  as  re-  nu 
turned  by  the  surveyor-general,  into  as  many  lots,  of  one  hundred  acres 
each,  as  shall  be  equal,  as  nearly  as  may  be,  to  the  quantity  such  quarter    Manner     in 
township  or  fraction  is  stated  to  contain  ;  each  of  which  lots  shall  be  which  they  shall 
included,  where  practicable,  between  parallel  lines,  one  hundred  and  l)e  surveyed. 
sixty  perches  in  length,  and  one  hundred  perches  in  width,  and  shall  be 
designated  by  progressive  numbers  upon  the  plat,  or  survey  of  every 
such  quarter  township  and  fraction  respectively.  («) 

SEC.  7.  And  be  it  further  enacted,  That  from  and  after  the  sixteenth    Holders  of  such 
day  of  March  next,  it  shall  be  lawful  for  the  holder  of  any  warrant  warrants     may 
granted  for  military  services,  to  locate,  at  any  time  before  the  first  day  Sffc^SSMd 
of  January,  one  thousand  eight  hundred  and  two,  the  number  of  him-  receive    patents 
dred  acres  expressed  in  such  warrant,  on  any  lot  or  lots,  from  time  to  to  their  own  use 
time,  remaining  unlocated  within  the  tracts  reserved  as  aforesaid,  and  only.  after  I6**1 
upon  surrendering  such  warrant  to  the  Treasury,  the  holder  thereof  shall  ^  ore  Jan'  1st 
be  entitled  to  receive  a  patent  in  the  manner,  and  upon  the  conditions  1302. 
heretofore  prescribed  by  law  ;  which  patent  shall  in  every  case  express 
the  range,  township,  quarter  township  or  fraction,  and  number  of  the  lot 
located  as  aforesaid.    But  no  location  shall  be  allowed,  nor  shall  any 
patent  be  issued  for  any  lot  or  lots  of  one  hundred  acres,  except  in  the 
name  of  the  person  originally  entitled  to  such  warrant,  or  the  heir  or    Upon    surren- 
heirs  of  the  person  so  entitled  ;    nor  shall  any  land,  so  located  and  der  of    warrant 
patented,  to  a  person  originally  entitled  to  such  warrant,  be  considered  sht^.1     receive 
as  in  trust  for  any  purchaser,  or  be  subject  to  any  contract  made  before 
the  date  of  such  patent,  and  the  title  to  lands  acquired,  in  consequence 
of  patents  issued  as  aforesaid,  shall  and  may  be  alienated  in  pursuance 
of  the  laws,  which  have  been,  or  shall  be  passed  in  the  territory  of  the 
United  States  northwest  of  the  river  Ohio,  for  regulating  the  transfer 
of  real  property,  and  not  otherwise. 

SEC.  8.  And  be  it  further  enacted,  That  in  all  cases  after  the  sixteenth  where  loca- 
of  March  next,  where  more  than  one  application  is  made  for  the  same  tions  are  made 
tract,  at  the  same  time,  under  this  act,  or  under  the  act  to  which  this  is  on  the  same 
in  addition,  the  Secretary  of  the  Treasury  shall  determine  the  priority  b^de^rSedbv 
of  location  by  lot.  lot. 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec-  Public  notice 
retary  of  the  Treasury  to  advertise  the  tracts  which  may  be  reserved  for  to  be  given  of 

68 


location,  in  lots  of  one  hundred  acres,  in  one  newspaper  in  each  of  the    veecretar 


v 

States,  and  in  the  territory  aforesaid,  for  and  during  the  term  of  three  Of  the  Treasury. 
months. 

SEC.  10.  And  be  it  further  enacted,  That  the  actual  plat  and  survey,     The    plat    re- 
returned  by  the  surveyor-general,  of  quarter  townships  and  fractional  turned    b>T    th^ 
parts  of  quarter  townships,  contained  in  the  tract  mentioned  and  de-  toto  conclusive 
scribed  in  the  act  to  which  this  is  a  supplement,  shall  be  considered  as  as  to  quantity. 
final  and  conclusive,  so  far  as  relates  to  the  quantity  of  land  supposed  to 
be  contained  in  the  quarter  townships,  and  fractions,  so  that  no  claim 
shall  hereafter  be  set  up  against  the  United  States,  by  any  proprietor, 
or  holder  of  warrants  for  military  services,  on  account  of  any  deficiency 
in  the  quantity  of  land  contained  in  the  quarter  township  or  fractional 
part  of  a  quarter  township,  which  shall  have  been  located  by  such  pro- 
prietor or  holder,  nor  shall  any  claim  be  hereafter  set  up  by  the  United 
States,  against  such  proprietor  or  holder,  on  account  of  any  excess  in  the 
quantity  of  land  contained  therein,  (c) 

(a)  See  Nos.  11,  32,  38,  42,  71,  130. 

(b)  See  Nos.  10,  12,  102,  111,  176. 

(c)  See  Nos.  12,  15,  17,  27,  32,  34,  38,  42,  49,  50,  60,  71,  128,  130,  131,  135,  139. 


16  OHIO. 

April  28,  1800.    No.  19.— AN  ACT  to  authorize  the  President  of  the  United  States  to  accept,  for  the 
Vol.  2,  p.  56.  United  States,  a  cession  of  jurisdiction  of  the  territory  west  of  Pennsylvania,  com- 

monly called  the  "Western  Reserve  of  Connecticut. 


The  President  jje  u  enacted,  fc.,  That  the  President  of  the  United  States  be,  and  he 
^ent8lreleasim'  hereby  lti  authorized  to  execute  and  deliver  letters-patent  iu  the  name 
the  right  of  the  and  behalf  of  the  United  States,  to  the  governor  of  the  State  of  Con- 
United  States  to  necticut  for  the  time  being,  for  the  use  and  benefit  of  the  persons  hold- 
the  •  soil  of  the  jtfg  an(i  claiming  under  the  State  of  Connecticut,  their  heirs  and  assigns 
serve.  &'  for  ever»  whereby  all  the  right,  title,  interest  and  estate  of  the  United 

States,  to  the  soil  of  that  tract  of  land  lying  west  of  the  west  line  of 
Pennsylvania,  as  claimed  by  the  State  of  Pennsylvania,  and  as  the  same 
has  been  actually  settled,  ascertained  and  run  in  conformity  to  an  agree- 
ment between  the  said  State  of  Pennsylvania  and  the  State  of  Virginia, 
and  extending  from  said  line  westward  one  hundred  and  twenty  statute 
miles  in  length,  and  in  breadth  throughout  the  said  limits  in  length  from 
the  completion  of  the  forty- first  degree  of  north  latitude,  until  it  comes 
to  forty-two  degrees  and  two  minutes  north  latitude,  including  all  that 
territory  commonly  called  the  Western  Reserve  of  Connecticut,  and 
which  was  excepted  by  said  State  of  Connecticut  out  of  the  cession  by 
the  said  State  heretofore  made  to  the  United  States,  and  accepted  by  a 
resolution  of  Congress  of  the  fourteenth  of  September,  one  thousand 
seven  hundred  and  eighty-six,  shall  be  released  and  conveyed  as  afore- 
said to  the  said  governor  of  Connecticut,  and  his  successors  in  said  office, 
for  ever,  for  the  purpose  of  quieting  the  grantees  and  purchasers  under 
said  State  of  Connecticut,  and  confirming  their  titles  to  the  soil  of  tht> 
said  tract  of  land. 

Provided  Con-  Provided,  however,  That  such  letters-patent  shall  not  be  executed  and 
necticut  shall  Delivered,  unless  the  State  of  Connecticut  shall,  within  eight  months 
ed  states  certain  from  passing  this  act,  by  a  legislative  act,  renounce  for  ever,  for  the  use 
western  lands ;  and  benefit  of  the  United  States,  and  of  the  several  individual  States 
who  may  be  therein  concerned  respectively,  and  of  all  those  deriving 
claims  or  titles  from  them  or  any  of  them,  all  territorial  and  jurisdic- 
tional  claims  whatever,  under  any  grant,  charter  or  charters  whatever, 
to  the  soil  and  jurisdiction  of  any  and  all  lands  whatever  lying  west- 
ward, northwestward,  and  south  westward  of  those  counties  in  the  State 
of  Connecticut,  which  are  bounded  westwardly  by  the  eastern  line  of 
the  State  of  New  York,  as  ascertained  by  agreement  between  Connect- 
icut and  New  York,  in  the  year  one  thousand  seven  hundred  and  thirty- 
three,  excepting  only  from  such  renunciation  the  claim  of  said  State  of 
Connecticut,  and  of  those  claiming  from  or  under  the  said  State,  to  the 
soil  of  said  tract  of  land  herein  described  under  the  name  of  the  West- 
ern Reserve  of  Connecticut. 

and  execute  a  And  provided  also,  That  the  said  State  of  Connecticut  shall,  within  the 
deed  relinquish-  8ai,}  eight  months  from  and  after  passing  this  act,  by  the  agent  or  agents 
t?<?naierclaiS  tdof  8aid  State  duly  authorized  by  the  legislature  thereof,  execute  and 
the  Western  Re-  deliver  to  the  acceptance  of  the  President  of  the  United  States,  a  deed 
serve.  expressly  releasing  to  the  United  States  the  jurisdictional  claim  of  the 

said  State  of  Connecticut,  to  the  said  tract  of  land  herein  described 
under  the  name  of  the  Western  Reserve  of  Connecticut,  and  shall  de- 
posit an  exemplification  of  said  act  of  renunciation,  under  the  seal  of 
the  said  State  of  Connecticut,  together  with  said  deed  releasing  said 
jurisdiction, in  the  office  of  the  Department  of  State  of  the  United  States, 
which  deed  of  cession  when  so  deposited  shall  vest  the  jurisdiction  of 
Saving  certain  said  territory  in  the  United  States :  Provided,  That  neither  this  act,  nor 
constructions.  anv  thing  contained  therein,  shall  be  construed  so  as  in  any  manner  to 
draw  into  question  the  conclusive  settlement  of  the  dispute  between 
Pennsylvania  and  Connecticut,  by  the  decree  of  the  Federal  court  at 
Trenton,  nor  to  impair  the  right  of  Pennsylvania  or  any  other  State,  or 
of  any  person  or  persons  claiming  under  that  or  any  other  State,  in  any 
existing  dispute  concerning  the  right,  either  of  soil  or  of  jurisdiction, 
with  the  State  of  Connecticut,  or  with  any  person  or  persons  claiming 
under  the  State  of  Connecticut:  And  provided  also,  That  nothing  herein 
'  contained  shall  be  construed  in  any  manner  to  pledge  the  United  States 
for  the  extinguishment  of  the  Indian  title  to  the  said  lands,  or  further 
than  merely  to  pass  the  title  of  the  United  States  thereto. 


Mav  7  1800.       No.  20.— AN  ACT  to  divide  the  territory  of  the  United  States  northwest  of  the  Ohio, 
Vol.  2*  p.  58.  "1*°  ^wo  separate  governments. 

[See  ''INDIANA,"  No.  193.] 


OHIO.  17 

No.  21.— AN  ACT  to  amend  the  act  intituled  "An  act  providing  for  the  sale  of  the  May  10,  1800. 

lands  of  the  United  States,  in  the  territory  northwest  of  the  Ohio,  and  above  the  Yol.  2,  p.  73. 
mouth  of  Kentucky  River." 


SECTION  1.  Be  it  enacted,  #c.,  That  for  the  disposal  of  the  lands  of  Four  land  of- 
the  United  States,  directed  to  be  sold  by  the  act,  intituled  "An  act  pro-  fices  established 
viding  for  the  sale  of  the  lands  of  the  United  States,  in  the  territory  under  the  direc. 
northwest  of  the  Ohio,  and  above  the  mouth  of  Kentucky  River,"  there 
shall  be  four  land  offices  established  in  the  said  territory  :  one  at  Cin- 
cinnati, for  lauds  below  the  Little  Miami,  which  have  not  heretofore 
been  granted ;  one  at  Chilicothe,  for  lands  east  of  the  Scioto,  south  of 
the  lands  appropriated  for  satisfying  military  bounties  to  the  late  army 
of  the  United  States,  and  west  of  the  fifteenth  range  of  townships  ; 
one  at  Marietta,  for  the  lands  east  of  the  sixteenth  range  of  townships, 
south  of  the  before-mentioned  military  lands,  and  south  of  a  liue  drawn 
due  west  from  the  northwest  corner  of  the  first  township  of  the  second 
range,  to  the  said  military  lands  ;  and  one  at  Steubenville,  for  the  lands 
north  of  the  last-mentioned  line,  and  east  or  north  of  the  said  military 
lands.  Each  of  the  said  offices  shall  be  under  the  direction  of  an  officer 
to  be  called  "the  register  of  the  land  office,"  who  shall  be  appointed 
by  the  President  of  the  United  States,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  and  shall  give  bond  to  the  United  States,  with  ap- 
§  roved  security,  in  the  sum  of  ten  thousand  dollars,  for  the  faithful 
ischarge  of  the  duties  of  his  office ;  and  shall  reside  at  the  place  where 
the  land  office  is  directed  to  be  kept,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur-     Surveyor  -  gen- 
veyor-general,  and  he  is  hereby  expressly  enjoined,  to  prepare  and  trans-  eral  to  transmit 
mit  to  the  registers  of  the  several  land  offices,  before  the  days  herein  certain  plats, 
appointed  for  commencing  sales,  general  plats  of  the  lands  hereby 
directed  to  be  sold  at  the  said  offices  respectively,  and  also  to  forward 
copies  of  each  of  the  said  plats  to  the  Secretary  of  the  Treasury. 

SEC.  3.  And  be  it  further  enacted,  That  the  surveyor-general  shall  He  shall  cause 
cause  the  townships  west  of  the  Muskingum,  which  by  the  above-men-  certain  lines  to 
tioned  act  are  directed  to  be  sold  in  quarter  townships,  to  be  subdivided  marked*1  * 
into  half-sections  of  three  hundred  and  twenty  acres  each,  as  nearly  as 
may  be,  by  running  parallel  lines  through  the  same  from  east  to  west, 
and  from  south  to  north,  at  the  distance  of  one  mile  from  each  other, 
and  marking  corners,  at  the  distance  of  each  half  mile  on  the  lines  run- 
ning from  east  to  west,  and  at  the  distance  of  each  mile  on  those  run- 
ning from  south  to  north,  and  making  the  marks,  notes  and  descriptions, 
prescribed  to  surveyors  by  the  above-mentioned  act :  And  the  interior 
lines  of  townships  intersected  by  the  Muskingum,  and  of  all  the  town- 
ships Jying  east  of  that  river,  which  have  not  been  heretofore  actually 
subdivided  into  sections,  shall  also  be  run  and  marked  in  the  manner 
prescribed  by  the  said  act,  for  running  and  marking  the  interior  lines 
of  townships  directed  to  be  sold  in  sections  of  six  hundred  and  forty 
acres  each.  And  in  all  cases  where  the  exterior  lines  of  the  townships, 
thus  to  be  subdivided  into  sections  or  half-sections,  shall  exceed  or  shall 
not  extend  six  miles,  the  excess  or  deficiency  shall  be  specially  noted, 
and  added  to  or  deducted  from  the  western  and  northern  ranges  of  sec- 
tions or  half-sections  in  such  towhship,  according  as  the  error  may  be 
in  running  the  lines  from  east  to  west,  or  from  south  to  north ;  the  sec- 
tions and  half-sections  bounded  on  the  northern  and  western  lines  of 
such  townships  shall  be  sold  as  containing  only  the  quantity  expressed 
in  the  returns  and  plats  respectively,  and  all  others  as  containing  the 
complete  legal  quantity.  And  the  President  of  the  United  States  shall 
fix  the  compensation  of  the  deputy  surveyors,  chain-carrriers,  and  axe- 
men :  Provided,  The  whole  expense  of  surveying  and  marking  the  lines, 
shall  not  exceed  three  dollars  for  every  mile  that  shall  be  actually  run, 
surveyed  and  marked.  (6) 

SEC.  4.  And  be  it  further  enacted,  That  the  lands  thus  subdivided    certain 
(excluding  the  sections  reserved  by  the  above-mentioned  act)  shall  be  to  be  sold, 
offered  for  sale  in  sections  and  half-sections,  subdivided  as  before  di- 
rected at  the  following  places  and  times,  that  is  to  say  :  Those  below 
the  Little  Miami  shall  be  offered  at  public  vendue,  in  the  town  of  Cin- 
cinnati, on  the  first  Monday  of  April  one  thousand  eight  hundred  and 
one,  under  the  direction  of  the  register  of  the  land  office  there  estab- 
lished, and  of  either  the  governor  or  secretary  of  the  Northwestern  Ter- 
ritory.   The  lands  east  of  Scioto,  south  of  the  military  lands,  and  west 
>f  the  fifteenth  range  of  townships,  shall  be  offered  in  like  manner  for 

2  L  O — VOL  II 


18  OHIO. 

sale  at  Chilicothe,  on  the  first  Monday  of  May,  one  thousand  eight 
hundred  and  one,  under  the  direction  of  the  register  of  the  land  office 
there  established,  and  of  either  the  governor  or  secretary  of  the  said 
territory.  The  lands  east  of  the  sixteenth  range  of  townships,  south 
of  the  military  lands  and  west  of  the  Muskingum,  including  all  the 
townships  intersected  by  that  river,  shall  be  offered  for  sale  in  like 
manner  at  Marietta,  on  the  last  Monday  of  May,  one  thousand  eight 
hundred  and  one,  under  the  direction  of  the  governor  or  secretary,  or 
surveyor-general  of  the  said  territory.  The  sales  shall  remain  open  at 
each  place  for  three  weeks,  and  no  longer.  The  superintendents  shall 
observe  the  rules  and  regulations  of  the  above-mentioned  act,  in  class- 
ing and  selling  fractional  with  entire  sections,  and  in  keeping  and 
transmitting  accounts  of  the  sales.  All  lands,  remaining  unsold,  at  the 
closing  of  either  of  the  public  sales,  may  be  disposed  of  at  private  sale 
by  the  registers  of  these  respective  land  offices,  in  the  manner  herein- 
after prescribed ;  and  the  register  of  the  land  office  at  Steubenville, 
after  the  first  day  of  July  next,  may  proceed  to  sell,  at  private  sale,  the 
lands  situate  within  the  district  assigned  to  his  direction  as  herein  be- 
fore described,  disposing  of  the  same  in  sections,  and  classing  fractional 
with  entire  sections,  according  to  the  provisions  and  regulations  of  the 
above-mentioned  act  and  of  this  act :  And  the  register  of  the  land  office 
at  Marietta,  after  the  said  first  day  of  July  next,  may  proceed  to  sell  at 
private  sale,  any  of  the  lands  within  the  district  assigned  to  his  direc- 
tion as  aforesaid,  which  are  east  of  the  river  Muskingum,  excluding  the 
townships  intersected  by  that  river,  disposing  of  the  same  in  sections, 
and  classing  fractional  with  entire  sections  as  aforesaid. 

Limitation    of      SEC.  5.  And  be  it  further  enacted,  That  no  lands  shall  be  sold  by  virtue 

the    price,    and  of  this  act,  at  either  public  or  private  sale,  for  less  than  two  dollars 

mode  of  purchase  per  acre,  and  payment  maybe  made  for  the  same  by  all  purchasers, 

id  payment.       either  in  specie,  or  in  evidences  of  the  public  debt  of  the  United  States, 

at  the  rates  prescribed  by  the  act,  intituled,  "An  act  to  authorize  the 

receipt  of  evidences  of  the  public  debt  in  payment  for  the  lands  of  the 

United  States ;  "  and  shall  be  made  in  the  following  manner,  and  under 

the  following  conditions,  to  wit: 

Tees  to  be  paid.  1.  At  the  time  of  purchase,  every  purchaser  shall,  exclusively  of  the 
fees  hereafter  mentioned,  pay  six  dollars  for  every  section,  and  three 
dollars  for  every  half-section,  he  may  have  purchased,  for  surveying 
expenses,  and  deposit  one-twentieth  part  of  the  amount  of  purchase 
money,  to  be  forfeited,  if  within  forty  days  one- fourth  part  of  the  pur- 
chase money,  including  the  said  twentieth  part,  is  not  paid. 

One-fourth  of     2.  One-fourth  part  of  the  purchase  money  shall  be  paid  within  forty 

the      purchase  jays  after  the  day  of  sale  as  aforesaid ;  another  fourth  part  shall  be 

•"•  paid  within  two  years ;  another  fourth  part  within  three  years ;  and 

another  fourth  part  within  four  years  after  the  day  of  sale. 

Grade  of  pur-  3.  Interest,  at  the  rate  of  six  per  cent,  a  year  from  the  day  of  sale, 
chase.  shall  be  charged  upon  each  of  the  three  last  payments,  payable  as  they 

respectively  become  due. 

A  discount  al-     4.  A  discount  at  the  rate  of  eight  per  cent,  a  year,  shall  be  allowed 

lowed   for    pay-  on  any  of  the  three  last  payments,  which  shall  be  paid  before  the  same 

e'  shall  become  due,  reckoning  this  discount  always  upon  the  sum,  which 

would  have  been  demandable  by  the  United  States,  on  the  day  appointed 

for  such  payment. 

If  one  fourth  5.  If  the  first  payment  of  one- fourth  part  of  the  purchase  money 
thrtl  isdnot  paj,d  8na11  not  be  made  within  forty  days  after  the  sale,  the  deposit,  payment 
sofd&at  private  and  fees,  paid  and  made  by  the  purchaser,  shall  be  forfeited,  and  the 
sale.  lands  shall  and  may,  from  and  after  the  day,  when  the  payment  of  one- 

fourth  part  of  the  purchase  money  should  have  been  made,  be  disposed 
of  at  private  sale,  on  the  same  terms  and  conditions,  and  in  the  same 
manner  as  the  other  lands  directed  by  this  act  to  be  disposed  of  at  pri- 
vate sale  :  Provided,  That  the  lands  which  shall  have  been  sold  at  public 
sale,  and  which  shall,  on  account  of  such  failure  of  payment,  revert  to 
the  United  States,  shall  not  be  sold  at  private  sale,  for  a  price  less  than 
the  price  that  shall  have  been  offered  for  the  same  at  public  sale. 
If  a  tract  is  not     6.  If  any  tract  shall  not  be  completely  paid  for  within  one  year  after 
paid  for  in  one  the  ^ate  of  the  last  payment,  the  tract  shall  be  advertised  for  sale  by 
"e"  the  register  of  the  land  office  within  whose  district  it  may  lie,  in  at  loast 
five  of  the   most  public  places  in  the  said  district,  for  at  least  thirty 
days  before  the  time  of  sale.    And  he  shall  sell  the  same  at  public  ven- 
due,  during  the  sitting  of  the  court  of  quarter  sessions  of  the  county  in 
which  the  land  office  is  kept,  for  a  price  not  less  than  the  whole  arrears 


OHIO.  19 

<lue  thereon,  with  the  expenses  of  sale ;  the  surplus,  if  any,  shall  be 
returned  to  the  original  purchaser,  or  to  his  legal  representative ;  but 
if  the  sum  due,  with  interest,  be  not  bidden  and  paid,  then  the  land 
shall  revert  to  the  United  States.  All  monies  paid  therefor  shall  be 
forfeited,  and  the  register  of  the  land  office  may  proceed  to  dispose  of 
the  same  to  any  purchaser,  as  in  case  of  other  lands  at  private  sale,  (c) 

SEC.  6.  And  be  it  further  enacted,  That  all  and  every  the  payments,  to      Payments   to 
be  made  by  virtue  of  the  preceding  section,  shall  be  made  either  to  the  be  made  to  the 
Treasurer  of  the  United  States,  or  to  such  person  or  officer  as  shall  be  ^^T 
appointed  by  the  President  of  the  United  States,  with  the  advice  and  monies, 
consent  of  the  Senate,  receiver  of  public  monies  for  lands  of  the  United 
States,  at  each  of  the  places  respectively  where  the  public  and  private 
sales  of  the  said  lands  are  to  be  made  ;  and  the  said  receiver  of  public    Duty    of    re- 
inonies  shall,  before  he  enters  upon  the  duties  of  his  office,  give  bond  ceivers  of  public 
with  approved  security,  in  the  sum  of  ten  thousand  dollars,  for  the  monies, 
faithful  discharge  of  his  trust ;  and  it  shall  be  the  duty  of  the  said 
Treasurer  and  receiver  of  public  monies  to  give  receipts  for  the  monies 
by  them  received,  to  the  persons  respectively  paying  the  same ;  to  trans- 
mit within  thirty  days  in  case  of  public  sale,  and  quarterly,  in  case  of 
private  sale,  an  account  of  all  the  public  monies  by  them  received,  spe- 
cifying the  amount  received  from  each  person,  and  distinguishing  the 
sums  received  for  surveying  expenses,  and  those  received  for  purchase 
money,  to  the  Secretary  of  the  Treasury,  and  to  the  registers  of  the  land 
office,  as  the  case  may  be.    The  said  receivers  of  public  monies  shall, 
within  three  months  after  receiving  the  same,  transmit  the  monies  by 
them  received  to  the  Treasurer  of.  the  United  States ;  and  the  receivers 
of  public  monies  for  the  said  sales,  and  also  the  receivers  of  public 
monies  for  the  sales  which  have  taken  place  at  Pittsburg  under  the  act, 
intituled  "An  act  providing  for  the  sale  of  the  lands  of  the  United 
States  in  the  territory  northwest  of  the  Ohio,  and  above  the  mouth  of 
Kentucky  River,"  shall  receive  one  per  cent,  on  the  money  received,  as     Their  compen- 
a  compensation  for  clerk  hire,  receiving,  safe-keeping,  and  transmitting  8a 
it  to  the  Treasury  of  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg-  Duty  of  the 
isters  of  the  land  offices  respectively,  to  receive  and  enter  on  books  registers  of  the 
kept  for  that  purpose  only,  and  on  which  no  blank  leaves  or  space  shall land  offices- 
be  left  between  the  different  entries,  the  applications  of  any  person  or 
persons  who  may  apply  for  the  purchase  of  any  section  or  half-section, 
and  who  shall  pay  him  the  fee  hereafter  mentioned,  and  produce  a  re- 
ceipt from  the  Treasurer  of  the  United  States,  or  from  the  receiver  of 
public  monies  appointed  for  that  purpose,  for  three  dollars  for  each, 
half-section  such  person  or  persons  may  apply  for,  and  for  at  least  one- 
twentieth  part  of  the  purchase  money,  stating  carefully  in  each  entry 
the  date  of  the  application,  the  date  of  the  receipt  to  him  produced,  the 
amount  of  monies  specified  in  the  said  receipt,  and  the  number  of  the 
section  or  half-section,  township  and  range  applied  for.  If  two  or  more 
persons  shall  apply  at  the  same  time  for  the  same  tract,  the  register 
shall  immediately  determine  by  lot,  in  presence  of  the  parties,  which  of 
them  shall  have  preference.  He  shall  file  the  receipt  for  monies  pro- 
duced by  the  party,  and  give  him  a  copy  of  his  entry,  and  if  required, 
a  copy  of  the  description  of  the  tract,  and  a  copy  of  the  plat  of  the 
same,  or  either  of  them  ;  and  it  shall  be  his  duty  to  inform  the  party 
applying  for  any  one  tract,  whether  the  same  has  already  been  entered, 
purchased,  or  paid  for,  and  at  his  request  to  give  him  a  copy  of  the 
entry  or  entries  concerning  the  same.  He  shall,  three  months  after 
the  date  of  each  application,  if  the  party  shall  not  have,  within  that 
time,  produced  to  him  a  receipt  of  the  payment  of  one-fourth  part  of 
the  purchase  money,  including  the  twentieth  part  above  mentioned, 
enter  under  its  proper  date,  in  the  said  book  of  entries,  that  the  pay- 
ment has  not  been  made,  and  that  the  land  has  reverted  to  the  United 
States,  and  he  shall  make  a  note  of  the  same  in  the  margin  of  the  book 
opposite  to  the  original  entry.  And  if  the  party  shall,  either  at  the 
time  of  making  the  original  entry,  or  at  any  time  within  three  months 
thereafter,  produce  a  receipt  to  him,  for  the  fourth  part  of  the  purchase 
money,  including  the  twentieth  part  aforesaid,  he  shall  file  the  receipt, 
make  an  entry  of  the  same,  under  its  proper  date,  in  the  said  book  of 
entries,  make  a  note  of  the  same  in  the  margin  of  the  book,  opposite  to 
the  original  entry,  and  give  to  the  party  a  certificate,  describing  the 
land  sold,  the  sum  paid  on  account,  the  balance  remaining  due,  the 
and  times  when  such  balance  shall  become  due,  and  that  if  it  shall 


20  OHIO. 

be  duly  discharged,  the  purchaser  or  his  assignee  or  other  legal  repre- 
sentative, shall  be  entitled  to  a  patent  for  the  said  lands  ;  he  shall  also, 
upon  any  subsequent  payment  being  made,  and  a  receipt  from  the  re- 
ceiver being  produced  to  him,  file  the  original  receipt,  give  a  receipt  for 
the  same  to  the  party,  and  enter  the  same  to  the  credit  of  the  party,  in 
a  book  kept  for  that  purpose,  in  which  he  shall  open  an  account  in  the 
name  of  each  purchaser,  for  each  section  or  half-section  that  may  be 
sold  either  at  public  or  private  sale,  and  in  which  he  shall  charge  the 
party  for  the  whole  purchase  money,  and  give  him  credit  for  all  his  pay- 
ments; making  the  proper  charges  and  allowances  for  interest  or  dis- 
count, as  the  case  may  be,  according  to  the  provisions  of  the  fourth 
section  of  this  act;  and  upon  the  payment  being  completed  and  the 
account  finally  settled,  he  shall  give  a  certificate  of  the  same  to  the 
Patents  to  be  party  ;  and  on  producing  to  the  Secretary  of  the  Treasury,  the  same  final 
issued.  certificate,  the  President  of  the  United  States  is  hereby  authorized  to 

grant  a  patent  for  the  lands  to  the  said  purchaser,  his  heirs  or  assigns  ; 
and  all  patents  shall  be  countersigned  by  the  Secretary  of  State,  and 
recorded  in  his  office. 

Registers      to     SEC.  8.  And  be  it  further  enacted,  That  the  registers  of  the  land  offices 

note    the    sales  respectively,  shall  also  note  on  the  book  of  surveys,  or  original  plat 

upon  the  surveys  transmitted  to  them,  every  tract  which  may  be  sold,  by  inserting  the 

letter  A  on  the  day  when  the  same  is  applied  for,  and  the  letter  P  on 

the  day  when  a  receipt  for  one  fourth  part  of  the  purchase  money  is 

produced  to  them,  and  by  crossing  the  said  letter  A  on  the  day  wben 

the  land  shall  revert  to  the  United  States,  on  failure  of  the  payment  of 

one-fourth  part  of  the  pure  hase  money  within  three  months  after  the 

date  of  application.    And  the  said  book  of  surveys  or  original  plat  shall 

be  open  at  all  times,  in  presence  of  the  register,  for  the  inspection  of 

any  individual,  applying  for  the  same  and  paying  the  proper  fee. 

Registers     to     SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  thereg- 

f1^       certain  ister8  of  the  land  offlce8  to  transmit  quarterly  to  the  Secretary  of  the 

turns.  Treasury,  and  to  the  survey  or-  general,  an  account  of  the  several  tracts 

applied  for,  of  the  several  tracts  for  which  the  payment  of  one-fourth 

Crt  of  the  purchase  money  has  been  made,  of  the  several  tracts  which 
ve  reverted  to  the  United  States  on  failure  of  the  said  payment;  and 
also  an  account  of  all  the  payments  of  monies  by  them  entered,  according 
to  the  receipts  produced  to  them,  specifying  the  sums  of  money,  the  names 
of  the  persons  paying  the  same,  the  names  of  the  officers  who  have 
received  the  same,  and  the  tracts  for  which  the  same  have  been  paid. 
Mode  of  mak-      SEC.  10.  And  be  it  further  enacted,  That  the  registers  aforesaid  shall  be 

reSisterslia8eS  by  Precluded  from  entering  on  their  books  any  application  for  lands  in 
their  own  name,  and  in  the  name  of  any  other  person  in  trust  for  them  ; 
and  if  any  register  shall  wish  to  purchase  any  tract  of  land,  he  may  do 
it  by  application  in  writing  to  the  surveyor-general,  who  shall  enter  the 
same  on  books  kept  for  that  purpose  by  him,  who  shall  proceed  in  re- 
spect to  such  applications,  and  to  any  payments  made  fer  the  same,  in 
the  same  manner  which  the  registers  by  this  act  are  directed  to  follow, 
in  respect  to  applications  made  to  them  for  lands  by  other  persons. 
The  registers  shall,  nevertheless,  note  on  the  book  of  surveys,  or  orig- 
inal plat,  the  applications  and  payments  thus  by  them  made,  and  their 
right  to  the  pre-emption  of  any  tract  shall  bear  date  from  the  day, 
when  their  application  for  the  same  shall  have  been  entered  by  the  sur- 
veyor-general in  his  own  book.  And  if  any  person  applying  for  any 
tract  shall,  notwithstanding  he  shall  have  received  information  from 
the  register,  that  the  same  has  already  been  applied  for  by  the  said 
register,  or  by  any  other  person,  insist  to  make  the  application,  it  shall 
be  the  duty  of  the  register  to  enter  the  same,  noting  in  the  margin  that 
the  same  tract  is  already  purchased,  but  upon  application  of  the  party 
made  in  writing,  and  which  he  shall  file,  he  may  and  shall  at  at  any  fu- 
ture time  enter  under  its  proper  date,  that  the  party  withdraws  his 
former  application,  and  applies  in  lieu  thereof  for  any  other  tract  :  Pro- 
vided always,  That  the  party  shall  never  be  allowed  thus  to  withdraw 
his  former  application,  and  to  apply  in  lieu  thereof  for  another  tract, 
except  when  the  tract  described  in  his  former  application  shall  have 
been  applied  for  previous  to  the  date  of  that  his  former  application. 
Secretary  o  f  SEC.  11.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 

the      Treasury  ghan  an(j  may  prescribe  such  farther  regulations,  in  the  manner  of  keep- 


furtner     regula  ing  books  and  account8>  by  the  several  officers  in  this  act  mentioned,  as 
tions.  to  him  may  appear  necessary  and  proper,  in  order  fully  to  carry  into 

effect  the  provisions  of  this  act. 


OHIO.  21 

SEC.  12.  And  be  it  further  enacted.  That  the  registers  of  the  land  offices,  Allowance  to 
respectively,  shall  be  entitled  to  receive  from  the  Treasury  of  the  United tn  '  registers. 
States,  one-half  per  cent,  on  all  the  monies  expressed  in  the  receipts  by 
them  filed  and  entered,  and  of  which  they  shall  have  transmitted  an  ac-  . 
count  to  the  Secretary  of  the  Treasury,  as  directed  by  this  act ;  and  they 
shall  further  be  entitled  to  receive,  for  their  own  use,  from  the  respect- 
ive parties,  the  following  fees  for  services  rendered,  that  is  to  say ;  for 
every  original  application  for  land,  and  a  copy  of  the  same,  for  a  section 
three  dollars,  for  a  half-section  two  dollars ;  for  every  certificate  stating 
that  the  first  fourth  part  of  the  purchase  money  is  paid,  twenty-five 
cents ;  for  every  subsequent  receipt  for  monies  paid,  twenty-five  cents  ; 
for  the  final  settlement  of  account  and  giving  the  final  certificate  of  the 
same,  one  dollar;  for  every  copy,  either  of  an  application  or  of  the 
description  of  any  section  or  half-section,  or  of  the  plat  of  the  same,  or 
of  any  entry  made  on  their  books,  or  of  any  certificate  heretofore  given 
by  them,  twenty- five  cents  for  each;  and  for  any  general  inspection  of 
the  book  of  surveys,  or  general  plat,  made  in  their  presence,  twenty- 
five  cents. 

SEC.  13.  And  be  it  further  enacted.  That  the  superintendents  oi  the    Allowance    to 
public  sales,  to  be  made  by  virtue  of  this  act,  and  the  super intendents8£Pe^n.tend1ent8 
of  the  sales  which  have  taken  place  by  virtue  of  the  act,  intituled  "An  OI  pUD 
act  providing  for  the  sale  of  the  lands  of  the  United  States  in  the  terri- 
tory northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
River,"  shall  receive  five  dollars  a  day  for  every  day  whilst  engaged  in 
that  business ;  and  the  accounting  officers  of  the  Treasury  are  hereby 
authorized  to  allow  a  reasonable  compensation  for  books,  stationery 
and  clerk  hire  in  settling  the  accounts  of  the  said  superintendents. 

SEC.  14.  And  be  it  further  enacted,  That  the  fee  to  be  paid  for  each     Patent  fees. 
patent  for  half  a  section  shall  be  four  dollars,  and  for  every  section  five 
dollars,  to  be  accounted  for  by  the  receiver  of  the  same. 

SEC.  15.  And  be  it  further  enacted,  That  the  lands  of  the  United  States     Leases  of    the 
reserved  for  future  disposition,  may  be  let  upon  leases  by  the  surveyor-  reservations  may 
general,  in  sections  or  half-sections,  for  terms  not  exceeding  seven  yeare,  veyor?eneral8111 
on  condition  of  making  such  improvements  as  he  shall  deem  reasonable. 

SEC.  16.  And  be  it  further  enacted,  That  each  person  who,  before  the     Pre-emption 
passing  of  this  act,  shall  have  erected,  or  begun  to  erect,  a  grist-mill  or  right    given    to 
saw-mill  upon  any  of  the  lauds  herein  directed  to  be  sold,  shall  be  en- bu 
titled  to  the  pre-emption  of  the  section  including  such  mill,  at  the  rate 
of  two  dollars  per  acre  :  Provided,  The  person  or  his  heirs  claiming  such 
right  of  pre-emption,  shall  produce  to  the  register  of  the  land  office  satis- 
factory evidence  that  he  or  they  are  entitled  thereto,  and  shall  be  sub- 
ject to  and  comply  with  the  regulations  and  provisions  by  this  act  pre- 
scribed for  other  purchasers. 

SEC.  17.  And  be  it  further  enacted.  That  so  much  of  the  act  providing     Eepeal  of  part 
for  the  sale  of  the  lands  of  .the  United  States  in  the  territory  northwest  of  the  former  act. 
of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  River,  as  comes 
within  the  purview  of  this  act,  be,  and  the  same  is  hereby  repealed. 

(a)  See  Nos.  21,  25,  29,  30,  32,  35,  39,  41,  44,  47,  52,  59,  65,  76,  79,  80,  81,  85,  88,  90,  99, 104,  140, 

158, 189. 

(b)  See  Nos.  11, 12, 13, 21,  23,  25,  3-2, 36,  37,  42,  65,  76,  79,  81, 102, 119, 158. 

(c)  See  Nos.  11, 16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80.  81,  83,  84, 

85,  87,  88,  90,  99, 102, 108,  111,  113, 126, 130, 132, 133, 145, 155, 158, 175, 185. 


No.  22.— AN  ACT  to  authorize  the  issuing  certain  patents.  May  13,  1800. 

SECTION  1.  Be  it  enacted,  #c.,  That  it  shall  be  lawful,  and  the  proper     Yo1'  2<  p-  80' 
officer  is  hereby  authorized  to  issue  patents  on  surveys,  which  have     Provision    for 
been,  qr  may  be  made  within  the  territory  reserved  by  the  State  of  satisfying    reso- 
Virginia,  northwest  of  the  river  Ohio,  and  being  part  of  her  cession  to  for^irgiS^miL 
Congress,  on  warrants  for  military  services,  issued  in  pursuance  of  any  itary  lands, 
resolution  of  the  legislature  of  that  State,  previous  to  the  passing  of 
this  act,  in  favor  of  persons  who  had  served  in  the  Virginia  line  on  the 
continental  establishment :  Provided,  That  the  whole  quantity  of  land     Proviso, 
for  which  patents  shall  issue  by  virtue  of  this  act,  shall  not  exceed  sixty        . 
thousand  acres ;  and  that  the  surveys  aforesaid  shall  be  completed  and 
deposited  in  the  office  of  the  Secretary  of  War,  on  or  before  the  first 
day  of  December,  one  thousand  eight  hundred  and  three :  And  provided 
~lso,  That  this  act  shall  not  give  any  force  or  validity  to  the  entries, 

--tionsor  surveys,  heretofore  made  in  pursuance  of  these  warrants, 


22  OHIO. 

so  far  as  such  entries,  locations,  or  surveys  interfere,  in  any  manner  with 
those  of  persons  claiming  the  same  lands  under  entries,  locations,  or 
surveys,  heretofore  made  in  pursuance  of  warrants,  granted  by  the  State 
of  Virginia  to  the  officers  and  soldiers  in  the  line  of  that  State  on  con 
tinental  establishment. 

In  case  of  evic-     SEC.  2.  And  be  it  further  enacted,  That  in  every  case  of  interfering 

tion,      warrants  claims  under  military  warrants,  to  lands  within  the  territory  so  reserved 

Sawn    and    l£  bF  the  State  of  Virginia,  when  either  party  to  such  claims  shall  lose,  or 

cated  elsewhere,  be  evicted  from  the  land,  every  such  party  shall  have  a  right,  and  hereby 

is  authorized  to  withdraw  his,  her  or  their  warrant,  respectively,  to 

the  amount  of  such  loss  or  eviction,  and  to  enter,  survey,  and  patent  the 

same,  on  any  vacant  land  within  the  bounds  aforesaid,  and  in  the  same 

manner  as  other  warrants  may  be  entered,  surveyed  and  patented,  (a) 

(a)  See  Xos.  1,  8,  27,  32,  35,  45,  46,  51,  58,  64,  66.  82,  93,  98,  112,  119,  121,  128,  146,  154,  159, 
166, 172, 174, 177, 180, 183,  184, 187, 190. 


Feb  18  1801      ^°*  ^* — -^-^  ACT  regulating  the  grants  of  land  appropriated  for  the  refugees  from 
Vol.'  2,  p.  100.  tne  British  provinces  of  Canada  and  Xova  Scotia. 

Survey     of     SECTION  1.  Be  it  enacted,  <$-c.,  That  the  surveyor- general  be,  and  he  is 

lands  for  the  ref-  hereby  directed  to  cause  those  fractional  townships  of  the  sixteenth, 

ugees  from  Can-  seventeenth,  eighteenth,  nineteenth,  twentieth,  twenty-first  and  twenty- 

ada,  &c.,   to  be  8econd  ranges  of  townships,  which  join  the  southern  boundary  line  of 

the  military  lands,  to  be  subdivided  into  half-sections,  containing  three 

hundred  and  twenty  acres  each ;  and  to  return  a  survey  and  description 

of  the  same  to  the  Secretary  of  the  Treasury,  on  or  before  the  first 

Monday  of  December  next;  and  that  the  said  lands  be,  and  they  are 

hereby  set  apart  and  reserved  for  the  purpose  of  satisfying  the  claims 

of  persons  entitled  to  lands  under  the  act,  intituled  "An  act  for  the 

relief  of  the  refugees  .from  the  British  provinces  of  Canada  and  Nova 

Scotia." 

How  locations      SEC.  "2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 

shall  be  made,      shall,  within  thirty  days  after  the  survey  of  the  lauds  shall  have  been 

returned  to  him  as  aforesaid,  proceed  to\letermine,  by  lot  to  be  drawn 

in  the  presence  of  the  Secretaries  of  State  and  of  War,  the  priority  of 

location  of  the  persons  entitled  to  lands  as  aforesaid.     The  persons, 

thus  entitled,  shall  severally  make  their  locations  on  the  second  Tuesday 

Patents  to  be  of  January  next,  and  the  patents  for  the  lands  thus  located  shall  be 

granted.  granted  in  the  manner  directed  for  military  lands,  without  requiring 

any  fee  whatever. 

Quantities  of  SEC.  3.  And  be  it  further  enacted,  That  the  following  persons,  claiming 
land  assigned  to  lands  under  the  above-mentioned  act,  shall  respectively  be  entitled  to 
e  ee8'  tbe  foll°wing  quantities  of  land ;  that  is  to  say :  Martha  Walker,  widow 
of  Thomas  Walker,  John  Edgar,  P.  Francis  Cazeau,  John  Allan,  and  Seth 
Harding,  respectively,  two  thousand  two  hundred  and  forty  acres  each ; 
Jonathan  Eddy,  Colonel  James  Livingston,  and  Parker  Clark,  respect- 
ively, one  thousand  two  hundred  and  eighty  acres  each ;  and  the  heirs 
of  John  Dodge,  one  thousand  two  hundred  and  eighty  acres;  Thomas 
Faulkner,  Edward  Faulkner,  David  Gay,  Martin  Brooks,  Lieutenant- 
Colonel  Bradford,  Noah  Miller,  Joshua  Lamb,  Atwood  Fales,  John  Starr, 
William  How,  Ebenezer  Gardner,  Lewis  F.  Delesdernier,  John  McGown, 
and  Jonas  C.  Minot,  respectively,  nine  hundred  and  sixty  acres  each ; 
and  the  heirs  of  Simeon  Chester,  nine  hundred  and  sixty  acres ;  Jacob 
Vander  Heyden,  John  Livingston,  James  Crawford,  Isaac  Danks,  Major 
B.  Von  Heer,  Benjamin  Thompson,  Joseph  Bindon,  Joseph  Levittre, 
Lieutenant  William  Maxwell,  John  D.  Mercier,  James  Price,  Seth  Noble, 
Martha  Bogart,  relict  of  Abraham  Bogart,  and  formerly  relict  of  Daniel 
Tucker,  and  John  Halsted,  respectively,  six  hundred  and  forty  acres 
each;  David  Jenks,  Ambrose  Cole,  James  Cole,  Adam  Johnson,  the 
widow  and  heirs  of  Colonel  Jeremiah  Duggan,  Daniel  Earl,  junior,  John 
•  Paskell,  Edward  Chinn,  Joseph  Cone,  and  John  Torreyre,  respectivelyy 
three  hundred  and  twenty  acres  each ;  Samuel  Fales,  one  hundred  and 
sixty  acres ;  which  several  tracts  of  land  shall,  except  the  last,  be  located 
in  half-sections  by  the  respective  claimants,  (a) 

(a)  See  Nos.  33,  33a,  50a,  55.  80. 


OHIO.  2 

No.  24.— AN  ACT  for  the  relief  of  Arnold  Henry  Dorhman,  or  his  legal  representa-     Fe^  2?  igoi 

tives-  Vol.'  6,  p.  43.' 

Be  it  enacted,  $-c.,  That  the  President  of  the  United  States  be,  and  he 
is  hereby  authorized  to  issue  a  patent  for  the  thirteenth  township,  in 
the  seventh  range,  to  Arnold  Henry  Dorhman,  or  his  legal  representa- 
tives, agreeably  to  a  resolution  of  Congress  of  the  first  day  of  October, 
in  the  year  one  thousand  seven  hundred  and  eighty-seven. 


1V».  25.— AX  ACT  giving  a  right  of  pre-emption  to  certain  persons  who  have  con-  March  3,  1801. 
tracted  with  John  Cleves  Symmes,  or  his  associates,  for  lands  lying  between  the  Vol.  2,  p.  112. 
Miami  rivers,  in  the  territory  of  the  United  States  northwest  of  the  Ohio. 

SECTION  1.  Be  it  enacted,  $-c.,  That  any  person  or  persons,  and  the     Right  of  pre- 
legal  representative  or  representatives  of  any  person  or  persons,  who,  emption  given  to 
before  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand  ^io^av^con8- 
eight  hundred,  had  made  any  contract  or  contracts  in  writing,  or  by  any  tracted  with  J. 
note  or  memorandum   thereof  in  writing,  either  with  John  Cleves  C.  Symmes,  &c. 
Symmes,  or  with  any  of  his  associates,  or  who  had  made  to  him  or  them, 
any  payment  of  money  for  the  purchase  of  lands,  situate  between  the 
Miami  rivers,  within  the  limits  of  a  survey  made  by  Israel  Ludlow,  in 
conformity  to  an  act  of  Congress  of  the  twelfth  of  April,  one  thousand 
seven  hundred  and  ninety-two,  and  not  comprehended  within  the  limits 
of  a  tract  of  land,  conveyed  to  John  Cleves  Symmes  and  his  associates, 
by  letters-patent,  bearing  date  the  thirtieth  of  September,  one  thousand 
seven  hundred  and  ninety-four,  in  the  territory  of  the  United  States 
northwest  of  the  Ohio,  shall  be  entitled  to  a  preference,  in  becoming  the 
purchasers,  from  the  United  States,  of  all  the  lands  so  contracted  for,  at 
the  price  of  two  dollars  per  acre,  exclusive  of  the  surveying  fees,  and 
other  incidental  expenses ;  and  payment  may  be  made  therefor,  to  the 
Treasurer  of  the  United  States,  or  the  receiver  of  public  monies  for  the 
lands  of  the  United  States  at  Cincinnati,  in  like  instalments,  and  under 
the  same  conditions,  as  directed  by  the  act  intituled  "An  act  to  amend 
the  act,  intituled  '  An  act  providing  for  the  sale  of  the  lands  of  the 
United  States,  in  the  territory  of  the  United  States  northwest  of  the 
Ohio,  and  above  the  mouth  of  Kentucky  River. ' "    Provided  hoivever, 
That  no  interest  shall  be  charged  upon  any  of  the  instalments  until  they 
respectively  become  payable. 

SEC.  2.  And  be  it  further  enacted,  That  every  person,  claiming  the  bene-    Persons  claim- 
fit  of  the  first  section  of  this  act,  shall,  on  or  before  the  first  day  of  ing  the  benefit  of 
November  next,  deliver  to  the  receiver  of  public  monies,  for  the  lands  tbis.  act  to  S^ve 
of  the  United  States  at  Cincinnati,  a  notice  in  writing,  stating  the  nature  JJJJJJJ  ^f  ^ito 
and  extent  of  his  claim  or  contract ;  and  if  any  person  shall  neglect  to  monies  at  Cmcin- 
give  such  notice  of  his  claim  or  contract,  or  having  given  the  same,  shall  nati. 
neglect  to  make  application  for  the  purchase  thereof,  as  hereinafter  di- 
rected, or  shall  fail  in  making  the  first  payment  before  the  first  of  Jan- 
uary next,  all  his  right  of  pre-emption,  on  the  terms  aforesaid,  shall 
cease  and  become  void. 

SEC.  3.  And  be  it  further  enacted,  That  the  aforesaid  receiver  of  public     Duty  of  the  re- 
monies,  on  being  paid  the  fees  hereinafter  provided,  shall  receive  every  ceiver  herein, 
such  notice  of  claim,  or  statement  thereof,  and  give  a  receipt  therefor, 
and  carefully  put  and  preserve  on  file  every  such  paper  or  writing,  and 
lay  the  same  before  the  commissioners,  when  met,  for  settling  and  ad- 
justing the  claims  aforesaid. 

SEC.  4.  And  be  it  further  enacted,  That  the  aforesaid  receiver  of  public     Andalaoof  the 
monies,  and  two  other  persons,  who  shall  be  appointed  by  the  Presi-  two  commission- 
dent  of  the  United  States  alone  shall  b6  commissioners  for  the  purpose  er»    t°    be    aP- 
of  ascertaining  the  rights  of  persons  claiming  the  benefits  of  this  act,  p 
who,  previous  to  entering  on  the  duties  of  their  appointment,  shall  re- 
spectively take  and  subscribe  the  following  oath  or  affirmation,  before 
some  person  Qualified  to  administer  oaths,  to  wit :  "  I do  sol- 
emnly swear,  or  affirm,  that  I  will  impartially  exercise  and  discharge 
the  duties  imposed  on  me,  by  an  act  ot  Congress,  intituled  'An  act  giv- 
ing a  right  of  pre-emption  to  certain  persons  who  have  contracted  with 
John  Cleves  Symmes,  or  his  associates,  for  lands  lying  between  the 
Miami  rivers,  in  the  territory  of  the  United  States  northwest  of  the 
Ohio/  to  the  best  of  my  understanding  and  ability ;"  and  it  shall  be  the 
duty  of  the  said  commissioners  to  meet  at  Cincinnati,  between  the  first 
and  the  tenth  day  of  November  next,  of  which  meeting  three  weeks 
previous  notice  shall  be  given  by  them  in  a  public  newspaper  printed  at 


24  OHIO. 

Cincinnati ;  and  they,  or  a  majority  of  them,  so  met,  shall  not  adjourn 
to  any  other  place,  or  for  a  longer  time  than  three  days,  until  they  have 
finally  completed  the  business  of  their  said  appointments ;  and  they, 
or  any  two  of  them,  shall  have  power  to  hear  and  decide,  in  a  summary 
manner,  all  matters  respecting  all  such  claims  of  which  notice  may 
have  been  filed,  pursuant  to  the  third  section  of  this  act,  also  to  admin 
ister  oaths,  and  examine  witnesses,  and  such  other  testimony  as  may  be 
adduced,  and  to  determine  thereon  according  to  justice  and  equity : 
which  determination  shall  be  final ;  and  when  it  shall  appear  to  them, 
that  the  claimant  is  entitled  to  the  right  of  pre-emption,  on  the  terms 
aforesaid,  they  shall  give  a  certificate  thereof,  stating  as  accurately  as 
may  be,  the  quantity  and  local  situation  of  the  lands  to  which  he  may 
be  entitled,  directed  to  the  register  of  the  land  office  at  Cincinnati,  or 
when  the  said  register  may  be  a  claimant,  to  the  surveyor-general, 
copies  of  which  certificates  shall  be  by  them  recorded,  in  a  book  to  be  pro- 
vided for  that  purpose,  and  deposited  for  safe-keeping  with  the  register 
of  the  land  office. 

Duty  of  the  SEC.  5.  And  be  it  further  enacted,  That  the  aforesaid  register  and  sur- 
surveyor-gen- veyor-general,  respectively,  upon  application  of  any  person  or  persons, 
et^<an^  re?lster  who  shall  produce  a  certificate  of  the  commissioners  aforesaid,  to  him 
directed,  before  the  first  day  of  January  next,  and  shall  also  produce 
a  receipt  from  the  Treasurer  of  the  United  States,  or  the  aforesaid  re- 
ceiver of  public  monies,  for  at  least  one-fourth  part  of  the  purchase 
money,  and  also  for  the  payment  of  three  dollars  for  each  half-section 
or  smaller  quantity,  and  shall  pay  him  the  fees  in  like  case  provided  by 
the  act,  intituled  "An  act  to  amend  the  act,  intituled  An  act  provid- 
ing for  the  sale  of  the  lands  of  the  United  States,  in  the  territory  of  the 
United  States  northwest  of  the  Ohio,  and  above  the  mouth  of  the  Ken- 
tucky River,"  shall  admit  such  person  or  persons  to  become  a  purchaser 
or  purchasers  of  the  land  designated  in  the  said  certificate,  and  shall 
receive  the  said  certificate  and  preserve  it  on  file,  and  make  an  entry 
of  the  application  in  his  book ,  kept  for  the  purpose,  and  on  any  of  the 
three  last  payments  being  made  in  advance,  he  shall  allow  the  pur- 
chaser the  like  discount  as  is  allowed  by  the  fourth  clause  of  the  fifth  sec- 
tion of  the  act  last  above  recited  j  and  on  payment  in  full,  and  a  final 
settlement  had,  he  shall  give  his  certificate  thereof ;  upon  producing 
which  to  the  Secretary  of  the  Treasury,  a  patent  shall  issue  in  like 
manner  as  is  provided  by  the  said  act  last  above  recited. 

Fees  allowed  SEC.  6.  And  be  it  further  enacted,  That  the  said  receiver  of  public 
to  the  receiver  monies  shall  be  entitled  to  have  and  receive,  to  his  own  use,  from  the 
and  commission-  respective  claimants,  the  following  fees,  that  is  to  say  :  for  filing  a  no- 
tice and  evidence  of  claim,  or  statement  thereof,  twenty-five  cents ;  for 
giving  a  copy  thereof,  twelve  and  a  half  cents  for  every  one  hundred 
words.  And  the  said  commissioners  shall,  as  a  full  compensation  for 
their  services,  be  entitled,  jointly,  to  have  and  receive  from  the  respect- 
ive claimants,  that  is  to  say :  for  every  determination,  and  entering  the 
result  in  their  book,  at  the  rate  of  three  dollars  for  every  section  ;  for 
every  certificate,  and  recording  the  same,  at  the  rate  of  one  dollar  for 
every  section. 

Mode  in  which  SEC.  7.  And  be  it  further  enacted,  That  all  the  aforesaid  tract  of  coun- 
the  land  shall  be  try  shall  be  surveyed  by  the  survey  or- general,  as  soon  as  may  be  after 
surveyed.  ^ne  fjrs^  (jay  of  September  next,  in  the  manner  hereinafter  directed. 

1.  So  much  of  the  said  tract  as  lies  between  the  northern  boundary 
line,  and  the  aforesaid  patent  of  John  Cleves  Sjmmes,  and  associates, 
and  Israel  Ludlow's  southern  boundary  of  the  seventh  entire  range  of 
townships,  shall  be  laid  off  into  sections,  agreeably  to  northwardly  and 
southwardly  lines,  run  under  the  direction  of  John  Cleves  Symmes; 
and  the  marks  thereon  made,  at  the  time  of  running  the  aforesaid  lines, 
for  the  corners  of  sections,  shall  be  established  by  the  surveyor-gene- 
ral, and  eastwardly  and  westwardly  lines  shall  be  run  to  intersect  the 
aforesaid  northwardly  and  southwardly  lines,  in  the  corresponding 
marked  points. 

2.  And  the  residue  of  the  said  tract  lying  north  of  the  aforesaid  south- 
ern boundary  of  the  seventh  entire  range,  shall  be  laid  off  into  sections, 
according  to  sunh  uniform  rule  and  method,  as,  in  the  opinion  of  the 
surveyor-general,  shall  best  secure  the  rights  and  interest  of  those  who 
are  entitled  to  pre-emption. 

3.  Such  divisions  shall  be  made  of  sections,  according  to  the  claim  of 
such  who  obtain  pre-emption  right,  and  the  contents  of  each  and  every 
section,  and  such  division  thereof,  shall  be  ascertained,  and  the  surveyor- 


OHIO.  25 

general  shall  prepare  and  transmit  a  plan  thereof  to  the  aforesaid 
register,  immediately  after  the  said  survey  shall  be  completed,  and  also 
forward  a  copy  thereof  to  the  Secretary  of  the  Treasury. 

SEC.  8.  And  be  it  further  enacted,  That  all  persons,  availing  themselves     Applications  to 
of  a  pre-emption  under  this  act,  shall  make  application  for  a  section,  g|J!Jfon  ^ff°g4J 
or  any  part  or  parts  of  a  section  or  sections,  according  to  the  estimated  acreS)  &c. 
quantity  of  six  hundred  and  forty  acres  to  a  section,  and  the  amount 
of  the  excess  or  deficiency  shall  be  added  to  or  deducted  from  the  last 
payment,  and  the  purchaser  shall  make  payment  for  and  hold  the 
quantity  returned  and  expressed  in  the  plats,  let  the  quantity  be  more 
or  less. 

SEC.  9.  And  be  it  further  enacted,  That  the  duties  of  the  surveyor-gen-  Duties  and  al- 
eral,  of  the  aforesaid  register  and  receiver  of  public  monies,  as  nearly  lowance  of  the 
as  may  be  consistent  with  this  act,  shall  respectively  be  the  same  as  di-  e?al^  ^egiJter 
rected  in  and  by  the  last-recited  act,  and  the  fees  and  emoluments  shall  and  receiver  of 
respectively  be  the  same  as  provided  in  the  said  act  last  recited.  public  monies. 

SEC.  10.  And  be  it  further  enacted,  That  after  completing  the  surveys,     Parts    of    the 
agreeably  to  this  act,  reserving  the  lots  marked  sixteen  in  each  town-  la»d  to  be  soldin 
ship,  or  fractional  part  of  a  township,  in  which  the  same  may  be,  for  the 
purposes  expressed  in  the  ordinance  of  Congress  of  the  twentieth  of  May, 
one  thousand  seven  hundred  and  eighty-five,  the  residue  of  the  lands,  and 
so  many  of  the  aforesaid  pre-emptions  as  shall  become  forfeited  by  reason 
of  failures  of  payment,  shall  be  sold  agreeably  to  .the  last-recited  act. 

SEC.  11.  And  be  it  further  enacted,  That  this  act  shall  have  full  opera-  Repeal  of  for- 
tion  and  effect,  anything  in  any  former  law  to  the  contrary  notwith-  Jjer  laws  within 
standing,  (a)  thfs.PU 

(a)  See  Nos.  4,  6,  16,  30,  31,  32,  36,  133,  170,  181. 


No.  26— AN  ACT  for  the  relief  of  Isaac  Zane.  April  3,  1802. 

Be  it  enacted,  tyc.,  That  the  President  of  the  United  States  be,  and 


he  is  hereby  authorized  and  empowered  to  issue  letters-patent,  in  the  Lands  con- 
name,  and  under  the  seal  of  the  United  States,  thereby  granting  and  ™y®d 
conveying  to  Isaac  Zane,  his  heirs  and  assigns,  in  fee- simple,  three  sec- 
tions of  land,  of  one  square  mile  each,  within  the  Northwestern  Terri- 
tory, of  any  lands  not  heretofore  granted  or  reserved,  and  to  which  the 
Indian  title  has  been  extinguished;  in  trust,  nevertheless,  in  respect  to 
two  of  the  said  sections,  which  shall  be  last  mentioned  and  described 
in  the  said  letters-patent,  to,  and  for  the  use  and  benefit  of  the  children 
of  the  said  Isaac  Zane,  who  shall  be  living  at  the  time  of  his  death,  and 
of  the  heirs  of  any  child  or  children,  deceased,  and  their  heirs,  respect- 
ively, to  hold  as  tenants  in  common. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  Isaac  Zane,  or  his  at-    How  to  be  lo- 
torney  in  fact,  shall,  and  they  are  hereby  authorized  and  empowered  cated. 
to  locate  the  said  three  sections  in  one  or  more  tracts,  not  to  exceed  three 
locations  of  six  hundred  and  forty  acres  each :  Provided,  The  said  land 
is  not  granted,  appropriated,  or  reserved  by  any  act  or  resolution  of  the 
United  States,  or  of  Virginia,  at  the  time  of  location. 

SEC.  3.  And  be  it  further  enacted,  That   the  surveyor-general  of  the     To  be  surveyed 
United  States,  or  one  of  his  deputies,  shall,  without  delay,  reasonable  JjJ d  laid  off  *>? 
notice  thereof  being  first  given,  survey  and  lay  off  the  same  as  the  law  general, 
directs :  Provided,  The  same  has  not,  at  such  time,  been  surveyed. 


No.  27.—  AN  ACT  in  addition  to  an  act,  intituled  "An  act,  in  addition  to  an  act  regu-     April  26,  1802. 
lating  the  grants  of  land  appropriated  for  military  services,  and  for  the  Society  of     Yol.  2,  p.  155. 
the  United  Brethren,  for  propagating  the  Gospel  among  the  Heathen." 

Be  it  enacted,  <$-c.,  That  from  and  after  the  passing  of  this  act,  and  .  How  the  hold- 
until  the  first  day  of  January  next,  it  shall  be  lawful  for  the  holders  or  ers  of  certain 


proprietors  of  warrants  heretofore  granted  in  consideration  of  military 

services,  or  register's  certificates  of  fifty  acres,  or  more,  granted,  or  here-  register's  certifi- 

af  ter  to  be  granted  agreeable  to  the  third  section  of  an  act  intituled  cates,  may  regis- 

"An  act  in  addition  to  an  act,  intituled  An  act  regulating  the  grants  of  te   or         e   he 

land  appropriated  for   military  services;   and  for  the  Society  of  thesa 

United  Brethren  for  propagating  the  Gospel  among  the  Heathen,"  ap- 

proved the  first  day  of  March  one  thousand  eight  hundred,  to  register 

and  locate  the  same,  in  the  same  manner,  and  under  the  same  restric- 


26  OHIO. 

tions,  as  might  have  been  done  before  the  first  day  of  January  last : 

Provision  with  Provided,  That  persons  holding  register's  certificates  for  a  less  quantity 

respect  to  certaui  than  one  hundred  acres,  may  locate  -the  same  on  such  parts  of  fractional 

cafe?61'  townships,  as  shall,  for  that  purpose,  be  divided  by  the  Secretary  of  the 

Treasury  into  lots  of  fifty  acres  each,  (a) 

Secretary  of  SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
War  to  receive  retary  of  War  to  receive  claims  to  lands  for  military  services,  and  claims 
anT8for°  duli'  for  d.uP.licate8  of  warrants  issued  from  his  office,  or  from  the  land  office 
cate s  of  war-  of  Virginia,  or  of  plats  and  certificates  of  surveys  founded  on  such  war- 
rants, suggested  rants,  suggested  to  have  been  lost  or  destroyed,  until  the  first  day  of 
to  have  been  lost,  January  next,  and  no  longer  ;  and  immediately  thereafter,  to  report  "the 
s  am  e^to^Con  8ame  *°  Congress,  designating  the  numbers  of  claims  of  each  description, 
gress,  with  his  witil  his  opinion  thereon.  (6) 
opinion.  (a)  See  Xos.  12, 15, 17, 18, 27,  32,  34,  38,  42,  49,  50,  60, 71, 128, 130, 131 , 135, 139. 

(ft)  See  Xos.  1,  8,  22,  32  35,  45,  46,  51,  58,  64,  66,  82,  93,  98, 112, 119, 121, 128, 146, 154, 159,  166, 
172,  174, 177, 180, 183, 184, 187, 190. 

April  30,  1802.    No.  28.— AX  ACT  to  enable  the  people  of  the  eastern  division  of  the  territory  north- 
Vol.  2,  p.  173.          west  of  the  river  Ohio  to  form  a  constitution  and  State  government,  and  for  the 

admission  of  such  State  into  the  Union,  on  an  equal  footing  with  the  original  States, 

and  for  other  purposes. 

The  inhabi-  Be  it  enacted,  ifc.,  That  the  inhabitants  of  the  eastern  division  of  the 
tants  of  the  east-  territory  northwest  of  the  river  Ohio,  be,  and  they  are  hereby  author- 
the  terrTto  r*  ze(^  ^°  ^orm  ^or  themselves  a  constitution  and  State  government,  and 
west  of  the  Ohio  to  assume  such  name  as  they  shall  deem  proper,  and  the  said  State, 
to  form  a  consti-  when  formed,  shall  be  admitted  into  ttie  Union,  upon  the  same  footing 
tution  and  be-  with  the  original  States,  in  all  respects  whatever. 

COBoun  dairies      SEC<  '2l  And  be  ^further  enacted,  That  the  said  State  shall  consist  of 

thereof.  *U  the  territory  included   within  the  following  boundaries,  to  wit : 

Bounded  on  the  east  by  the  Pennsylvania  line,  on  the  south  by  the  Ohio 

River,  to  the  mouth  of  the  Great  Miami  River,  on  the  west  by  the  line 

drawn  due  north  from  the  mouth  of  the  Great  Miami,  aforesaid,  and  on 

the  north  by  an  east  and  west  line,  drawn  through  the  southerly  extreme 

of  Lake  Michigan,  running  east  after  intersecting  the  due  north  line 

aforesaid,  from  the  mouth  of  the  Great  Miami,  until  it  shall  intersect 

Lake  Erie,  or  the  territorial  line,  and  thence  with  the  same  through 

Lake  Erie  to  the  Pennsylvania  line,  aforesaid :  Provided,  That  Congress 

shall  be  at  liberty  at  any  time  hereafter,  either  to  attach  all  the  terri- 

Territory  east  tory  lying  east  of  the  line  to  be  drawn  due  north  from  the  mouth  of  the 

thereof    at    the  Miami,  aforesaid,  to  the  territorial  line,  and  north  of  an  east  and  west 

msposai  n-  line  drawn  through  the  southerly  extreme  of  Lake  Michigan,  running 

east  as  aforesaid  to  Lake  Erie,  to  the  aforesaid  State,  or  dispose  of  it 

otherwise,  in  conformity  to  the  fifth  article  of  compact  between  the 

original  States,  and  the  people  and  States  to  be  formed  in  the  territory 

northwest  of  the  river  Ohio. 

What  part  of  SEC.  3.  And  be  it  further  enacted,  That  all  that  part  of  the  territory  of 
territory  at- the  United  States,  northwest  of  the  river  Ohio,  heretofore  included  in 
ami. 6  ^ne  eastern  division  of  said  territory,  and  not  included  within  the 

boundary  herein  prescribed  for  the  said  State,  is  hereby  attached  to, 
and  made  a  part  of  the  Indiana  Territory,  from  and  after  the  formation 
of  the  said  State,  subject  nevertheless  to  be  hereafter  disposed  of  by 
Congress,  according  to  the  right  reserved  in  the  fifth  article  of  the  or- 
dinance aforesaid,  and  the  inhabitants  therein  shall  be  entitled  to  the 
same  privileges  and  immunities,  and  subject  to  the  same  rules  and  reg- 
ulations, in  all  respects  whatever,  with  all  other  citizens  residing  within 
the  Indiana  territory,  (a) 

*  *  '     *  *  if  *  * 

Propositions     SEC.  7.  And  be  it  further  enacted,  That  the  following  propositions  be, 
ventfont0theCOn'  and  the  ®ame  afe  hereby  offered  to  the  convention  of  the  eastern  State 
of  the  said  territory,  when  formed,  for  their  free  acceptance  or  rejec- 
tion, which,  if  accepted  by  the  convention,  shall  be  obligatory  upon 
the  United  States. 

First,  That  the  section,  number  sixteen,  in  every  township,  and  where 
such  section  has  been  sold,  granted  or  disposed  of,  other  lands  equiva- 
lent thereto,  and  most  contiguous  to  the  same,  shall  be  granted  to  the 
inhabitants  of  such  township,  for  the  use  of  schools.  (&) 

Second,  That  the  six  miles  reservation,  includiEg  the  salt  springs, 
commonly  called  the  Scioto  salt  springs,  the  salt  springs  near  the  Mus- 
kingum  River,  and  in  the  military  tract,  with  the  sections  of  land  which 
include  the  same,  shall  be  granted  to  the  said  State  for  the  use  of  the 


OHIO.  27 

people  thereof,  the  same  to  be  used  under  such  terms  and  conditions 
and  regulations  as  the  legislature  of  the  said  State  shall  direct :  Pro- 
vided, The  said  legislature  shall  never  sell  nor  lease  the  same  for  a 
longer  period  than  ten  years,  (c) 

Third,  That  one- twentieth  part  of  the  nett  proceeds  of  the  lands  lying 
within  the  said  State  sold  by  Congress,  from  and  after  the  thirtieth 
day  of  June  next,  after  deducting  all  expenses  incident  to  the  same, 
shall  be  applied  to  the  laying  out  and  making  public  roads,  leading 
from  the  navigable  waters  emptying  into  the  Atlantic,  to  the  Ohio,  to 
the  said  State,  and  through  the  same,  such  roads  to  be  laid  out  under 
the  authority  of  Congress,  with  the  consent  of  the  several  States  through 
which  the  road  shall  pass :  (d)  Provided  always,  That  the  three  foregoing 
propositions  herein  offered,  are  on  the  conditions  that  the  convention 
of  the  said  State  shall  provide,  by  an  ordinance  irrevocable,  without 
the  consent  of  the  United  States,  that  every  and  each  tract  of  land  sold 
by  Congress,  from  and  after  the  thirtieth  day  of  June  next,  shall  be 
and  remain  exempt  from  any  tax  laid  by  order  or  under  authority  of 
the  State,  whether  for  State,  county,  township  or  any  other  purpose 
whatever,  for  the  term  of  five  years  from  and  after  the  day  of  sale,  (e) 

(a)  See  Nos.  57,  141, 142. 

(6)  See  Nos.  31,  45,  47,  76,  79,  85, 102, 109, 110. 136, 144, 150, 156, 158, 167, 168, 179. 

(c)  See  Nos.  11,  73,  76,  79, 105. 

(d)  See  No.  31. 

(e)  See  No.  169. 

No.  29.— AN  ACT  to  empower  John  James  Dufour,  and  his  associates,  to  purchase     May  1, 1802. 

certain  lands.  Vol.  6,  p.  47. 

Be  it  enacted,  #c.,  That  to  encourage  the  introduction,  and  to  promote  Terms  n 
the  culture  of  the  vine  within  the  territory  of  the  United  States,  north-  which  John  J. 
west  of  the  river  Ohio,  it  shall  be  lawful  for  John  James  Dufour,  and  Dufour  and  his 
his  associates,  to  purchase  any  quantity  not  exceeding  four  sections  of  associates  may 
the  lands  of  the  United  States,  lying  between  the  Great  Miami  River 
and  the  Indian  boundary  line,  at  the  rate  of  two  dollars  per  acre,  pay- 
able without  interest,  on  or  before  the  first  day  of  January,  one  thousand 
eight  hundred  and  fourteen. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg-    Duty    of    the 
ister  of  the  land  office,  established  at  Cincinnati,  to  receive  'and  to  enter  register,  <fec.  up- 
on his  entry-book,  the  applications  of  the  said  Dufour,  and  his  associates,  J^n   Oef  ^SS 
for  any  unappropriated  sections  with  the  adjoining  fractions,  if  any,  not  and   his    associ- 
to  exceed  in  the  whole  four  sections,  and  lying  within  the  district  afore-  ates. 
said ;  stating  in  each  entry  the  date  of  the  application  and  the  number 
of  the  section  or  fraction,  township  and  range  applied  for ;  and  it  shall 
also  be  the  duty  of  the  said  register  to  deliver  to  the  said  Dufour  and 
his  associates,  a  copy  of  each  entry  thus  made ;  also  a  copy  of  the  de- 
scription or  field-notes,  and  of  the  plat  of  each  tract,  with  a  certificate 
stating  that  the  same  has  been  purchased  under  the  authority  of  this 
act,  at  the  rate  of  two  dollars  per  acre,  payable  without  interest,  on  or 
before  the  first  day  of  January,  one  thousand  eight  hundred  and  fourteen.     _ 

SEC.  3.  And  be  it  further  enacted,  That  payment  for  said  land  may  be  w£  (fre^o*1  be 
made  at  the  Treasury  of  the  United  States,  or  to  the  receiver  of  the  land  made. 
office  at  Cincinnati,  either  in  specie,  or  in  the  evidences  of  the  public 
debt  of  the  United  States,  at  the  rates  prescribed  by  an  act  entitled 
"An  act  to  authorize  the  receipt  of  evidences  of  the  public  debt  in  pay- 
ment for  the  lands  of  the  United  States,"  and  a  discount  at  the  rate  of 
six  per  cent,  a  year  shall  be  allowed  on  any  payments,  which  shall  be 
made  before  the  same  shall  become  due. 

SEC.  4.  And  be  it  further  enacted,  That  on  producing  to  the  Secretary  *  ^^kto  be- 
of  the  Treasury  copies  of  the  entries  aforesaid,  and  of  the  plats  of  the  tain  evidence  be- 
tracts  applied  for,  also  the  certificate  of  the  register  of  the  land  office  ing  produced, 
established  at  Cincinnati,  that  the  same  have  been  purchased  in  con- 
formity to  the  provisions  of  this  act,  the  President  of  the  United  States 
shall  be,  and  he  hereby  is  authorized  and  empowered  to  issue  letters- 
~    tent  in  the  usual  form,  unto  the  said  Dufour,  his  associates,  and  their 

Mrs,  for  the  said  lands ;  with  condition  expressed  in  the  said  letters- 

itent,  that  on  failure  to  pay  the  purchase  money  when  the  same  shall 
'  ine  due  the  lands  therein  described,  with  the  improvements  thereon, 
'  be  deemed  forfeited,  and  shall  revest  in  the  United  States,  (a) 

(a)  See  No,  61. 


28  OHIO. 

Mav  1  1C02         **°-  30.—  AX  ACT  to  extend  and  continue  in  force  the  provisions  of  an  act  intituled 
Vof  2  'D  YrO  "An  act  giving  a  riKnt  of  pre-emption  to  certain  persons  who  have  contracted  with 

'  y'  John  Cleves  Symmes  or  his  associates,  for  lands  lying  between  the  Miami  rivers,  in 

the  territory  northwest  of  the  Ohio,  and  for  other  purposes." 

Provisions  of  a     Be  it  enacted,  $-c.,  That  the  several  provisions  of  an  act  intituled  "An 
former  act,  under  ac^  giving  a  right  of  pre-emption  to  certain  persons  who  have  contracted 


Sfn  continued  with  John  Cleves  Symmes,  or  his  associates,  for  lands  lying  between  the 
in  force.  *    Miami  rivers  in  the  territory  northwest  of  the  Ohio/'  shall  be,  and  tho 

same  are  hereby  continued  in  force  until  the  first  day  of  March  next, 

subject  to  the  modifications  contained  in  this  act. 

Provisions  of  SEC.  2.  And  be  it  further  enacted,  That  the  provisions  of  the  said  act 
that  act  extended  shall  ,  and  the  same  are  hereby  extended  to  all  persons  claiming  lands 
t^persons^claim-  lying  between  the  Miami  rivers,  and  without  the  limits  of  Ludlow's  sur- 
tween  the  Miami  vey>  by  purchase  or  contract  made  prior  to  the  first  day  of  January,  one 
rivers  in  certain  thousand  eight  hundred,  with  John  Cleves  Symmes  or  his  associates. 
cases.  SEC.  3.  Ana,  ie  a  further  enacted,  That  every  person  claiming  lands 

in*  eria?ds  C  who  M  aforesaid,  either  within  or  without  the  limits  of  Ludlow's  survey,  and 
have  not  ob-  who  have  not  obtained  a  certificate  of  the  right  of  pre-emption  therefor, 
tained  certifi-  shall,  on  or  before  the  first  day  of  November  next,  give  notice  of  the 
cates  of  the  right  nature  and  extent  of  his  claim,  in  manner  prescribed  by  the  second  sec- 
^ch  tion  of  the  s*id  act.  And  the  receiver  of  public  monies,  and  commis- 


claims  are  to  be  sioners  appointed  under  the  fourth  section  of  the  said  act,  shall  meet  at 
settled.  Cincinnati,  on  the  second  Monday  of  November  next,  they  having  given 

Vacancies  in  four  weeks  previous  notice  of  such  meeting  in  a  public  newspaper 
the  board  of  com-  printed  at  Cincinnati,  and  shall  then  and  there  proceed  to  hear  and 
SXmuSoee  to  finally  decide  upon  all  claims,  of  which  notice  may  have  been  given  as 
be  filled  by  the  aforesaid,  and  shall,  in  all  matters  relative  thereto,  govern  themselves 
President.  by  the  provisions  of  the  said  act.  Vacancies  in  the  said  board  of  corn- 

Duties,  emolu-  missioners  may  be  filled  by  the  President  of  the  United  States  alone. 

ments,  <fcc.,to  the  ^nd  the  duties,  powers  and  emoluments  of  the  said  commissioners,  re- 

i<rlf  and  t^e  ceiver  °^  public  monies,  and  register  of  the  land  office  at  Cincinnati,  and 

surveyor-general  surveyor-general,  as  prescribed  by  the  said  act,  shall,  and  the  same  are 

continued?  hereby  continued,  (a) 

Persons  pos-  SEC.  4.  And  be  it  further  enacted.  That  every  person  who  may  have 
sessing  certifi-  obtained,  or  who  shall  hereafter  obtain,  as  aforesaid,  a  certificate  of  a 
cates  of  the  right  rjght;  of  pre-emption  from  the  said  commissioners  shall  be  allowed  until 
allowed  time  for  tue  first  dav  of  January  next,  to  make  the  first  payment  required  for  the 
payment.  lands  described  in  such  certificate,  and  shall,  in  all  other  respects  rela- 

tive thereto,  conform  to  the  several  provisions  of  the  said  act. 

Secretary  of  SEC.  5.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful 
the  Treasury  for  ^6  Secretary  of  the  Treasury  to  cause  to  be  viewed,  marked,  and 
oQp:en^Ude  lsuch  opened,  such  roads  within  the  territory  northwest  of  the  Ohio,  as  in  his 
roads  within  the  opinion  will  best  serve  to  promote  the  sales  of  the  public  lands  in  future  : 
territory  north-  Provided,  That  the  whole  sum  to  be  expended  on  such  roads  shall  not 
We8h°llthe  °  }i°  excee<l  six  thousand  dollars,  and  that  the  same  shall  be  paid  out  of  the 
^hVsale  of  public  monie8  paid  by  purchasers  of  public  lands  on  account  of  surveying 
lands.  expenses. 

******# 

In  cases  where     SEC.  7.  And  be  it  further  enacted,  That  in  all  cases  where  any  section 

a  section  or  frac-  or  fractional  section  of  land  lying  within  the  seven  ranges  of  townships 

tional  section  has  been  sold  prior  to  the  tenth  day  of  May,  one  thousand  eight  hun- 

*  i*6  ^even  dred>  un<jer  the  authority  of  the  United  States,  the  lines  of  such  section 

ships  8  has    been  or  fractional  section  shall  be  run  under  the  direction  «of  the  Secretary 

sold.  of  the  Treasury,  in  the  manner  most  consistent  with  the  supposed  bound- 

How  to  be  laid  aries  of  the  same,  at  the  time  of  the  t-  ale,  anything  in  the  act  of  the  tenth 

off.  of  May,  one  thousand  eight  hundred,  to  the  contrary  notwithstanding. 

And  it  shall  be  lawful  for  the  Secretary  of  the  Treasury,  whenever  lines 

thus  run  shall  interfere  with  the  claim  of  a  purchaser  of  public  lands 

under  the  last-mentioned  act,  to  permit  such  purchaser,  if  he  shall  desire 

it,  at  any  time  within  six  months,  after  such  lines,  thus  interfering  with 

his  claim,  shall  have  been  run,  to  withdraw  his  former  application,  and 

to  apply  in  lieu  thereof  for  any  other  vacant  section. 

(a)  See  Nos.  4,  6,  16,  25,  31,  32,  36,  133,  170,  181. 


OHIO.       •  2CJ 

Xo.  3 1 .— AN  ACT  in  addition  to,  and  in  modification  of,  the  propositions  contained  in     March  3, 1803. 
the  act  intituled  "  An  act  to  enable  the  people  of  the  eastern  division  of  the  tern-      Vol.  2,  p.  225. 

tory  northwest  of  the  river  Ohio,  to  form  a  constitution  and  State  government,  and 

for  the  admission  of  such  State  into  the  Union,  on  an  equal  footing  with  the  original 
States,  and  for  other  purposes." 

Be  it  enacted,  #c.,  That  the  following  several  tracts  of  land  in  the     Tracts  of  land 
State  of  Ohio,  be,  and  the  same  are  hereby  appropriated  for  the  use  of  appropriated  for 
schools  in  that  State,  and  shall,  together  witn  all  the  tracts  of  land  here-  g^ols!1  8 
tofore  appropriated  for  that  purpose,  be  vested  in  the  legislature  of  that 
State,  in  tiust  for  the  use  aforesaid,  and  for  no  other  use,  intent  or  pur- 
pose whatever,  that  is  to  say : 

first — The  following  quarter  townships  in  that  tract  commonly  called 
the  "  United  States  military  tract,"  for  the  use  of  schools  within  the 
same,  viz.  the  first  quarter  of  the  third  township  in  the  first  range,  the 
first  quarter  of  the  first  township  in  the  fourth  range,  the  fourth  quarter 
of  the  first  township  and  the  third  quarter  of  the  fifth  township  in  the 
fifth  range,  the  second  quarter  of  the  third  township  in  the  sixth  range, 
the  fourth  quarter  of  the  second  township  in  the  seventh  range,  the  third 
quarter  of  the  third  township  in  the  eighth  range,  the  first  quarter  of  the 
first  township  and  the  first  quarter  of  the  third  township  in  the  ninth 
range,  the  third  of  the  first  township  in  the  tenth  range,  the  first  and 
fourth  quarters  of  the  third  township  in  the  eleventh  range,  the  fourth 
quarter  of  the  fourth  township  in  the  twelfth  range,  the  second  and  third 
quarters  of  the  fourth  township  in  the  fifteenth  range,  the  third  quarter 
of  the  seventh  township  in  the  sixteenth  range,  and  the  first  quarter  of 
the  sixth  township  and  third  quarter  of  the  seventh  township  in  the 
eighteenth  range,  being  the  one  thirty-sixth  part  of  the  estimated,  whole 
amount  of  lands  within  that  tract. 

Secondly — The  following  quarter  townships  in  the  same  tract  for  the     Quarter  town- 
use  of  schools  in  that  tract  commonly  called  the  Connecticut  reserve,  ships  in  the  Con- 
viz,  the  third  quarter  of  the  ninth  township  and  the  fourth  quarter  of  necticut  reserve 
the  tenth  township  in  the  first  range,  the  first  and  second  quarters  of  the  schools? 
ninth  township  in  the  second  range,  the  second  and  third  quarters  of  the 
ninth  township  in  the  third  range,  the  first  quarter  of  the  ninth  township 
and  the  fourth  quarter  of  the  tenth  township  in  the  fourth  range,  the 
first  quarter  of  the  ninth  township  in  the  fifth  range,  the  first  and  fourth 
quarters  of  the  ninth  township  in  the  sixth  range,  the  first  and  third 
quarters  of  the  ninth  township  in  the  seventh  range,  and  the  fourth 
quarter  of  the  ninth  township  in  the  eighth  range. 

Thirdly — So  much  of  that   tract,    commonly  called  the   "Virginia     Part  of  the  Vir- 
military  reservation,"  as  will  amount  to  one  thirty-sixth  part  of  the  ginia  reservation 
whole  tract,  for  the  use  of  schools  within  the  same,  and  to  be  selected  JJJ^Jg 
by  the  legislature  of  the  State  of  Ohio,  out  of  the  unlocated  lands  in  that 
tract  after  the  warrants  issued  from  the  State  of  Virginia  shall  have  been 
satisfied ;  it  being  however  understood,  that  the  donation  is  not  to  ex- 
ceed the  whole  amount  of  the  above-mentioned  residue  of  such  unlocated 
lands,  even  if  it  shall  fall  short  of  one  thirty-sixth  part  of  the  said  tract. 

Fourthly— One  thirty-sixth  part  of  all  the  lands  of  the  United  States  Number  six- 
lying  in  the  State  of  Ohio,  to  which  the  Indian  title  has  not  been  extin-  jjeen  i.n  .eve*J[ 
guished,  which  may  hereafter  be  purchased  of  the  Indian  tribes  by  the  {JJ^  in  the  State 
United  States,  which  thirty-sixth  part  shall  consist  of  the  section  No.  Of  Ohio,  reserved 
sixteen,  in  each  township,  if  the  said  lands  shall  be  surveyed  in  town-  for  the  use  of 
ships  of  six  miles  square,  and  shall,  if  the  lands  be  surveyed  in  a  differ-  schools, 
ent  manner,  be  designated  by  lots,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Trea-     Appropriation 
sury  shall,  from  time  to  time,  and  whenever  the  quarterly  accounts  off°rtbe   state  of 
the  receivers  of  public  monies  of  the  several  land  offices  shall  be  set-  ohio  from  the  re. 
tied,  pay  three  per  cent,  of  the  nett  proceeds  of  the  lands  of  the  United  ceipts  from  pub- 
States,  lying  within  the  State  of  Ohio,  which  since  the  thirtieth  day  lie  lands, 
of  June  last  have  been,  or  hereafter  may  be  sold  by  the  United  States, 
after  deducting  all  expenses  incidental  to  the  same,  to  such  person  or 
persons  as  may  be  authorized  by  the  legislature  of  the  said  State  to  re- 
ceive the  same,  which  sums  thus  paid,  shall  be  applied  to  the  laying 
out,  opening  and  making  roads  within  the  said  State,  and  to  no  other 
purpose  whatever;  and  an  annual  account  of  the  application  of  the     Annual    ac- 
same  shall  be  transmitted  to  the  Secretary  of  the  Treasury,  by  such  count  to  be  trans- 
officer  of  the  State  as  the  legislature  thereof  shall  direct  :  and  it  is  here-  £^*£JL to    l 
by  declared,  that  the  payments  thus  to  be  made,  as  well  as  the  several 
appropriations  for  schools  made  by  the  preceding  section,  are  in  confer- 
mity  with,  and  in  consideration  "of  the  conditions  agreed  on  by  the     ' 


o  OHIO. 

State  of  Ohio,  by  the  ordinance  of  the  convention  of  the  said  State, 
bearing  date  the  twenty-ninth  day  of  November  last.  (&) 

Sections  for  SEC.  3.  And  l)e  it  further  enacted,  That  the  sections  of  land  heretofore 
schools  in  lien  of  promised  for  the  use  of  schools,  in  lieu  of  such  of  the  sections,  No.  16, 
l«?ted%?theese£  **  have  been  otherwise  disposed  of,  shall  be  selected  by  the  Secretary 
retai-y  'of  the°f  the  Treasury,  out  of  the  unappropriated  reserved  sections  in  the 
Treasury.  most  contiguous  townships. 

Appropriation  SEC.  4.  And  be  it  further  enacted,  That  one  complete  township  in  the 
for  establishing  State  of  Ohio,  and  district  of  Cincinnati,  or  so  much  of  any  one  com- 
an  academy,  to  be  plete  township  within  the  same,  as  may  then  remain  unsold,  together 
legislature  ofwith  as  many  adjoining  sections  as  shall  have  been  sold  in  the  said 
Ofiio.  township,  so  as  to  make  in  the  whole  thirty- six  sections,  to  be  located 

under  the  direction  of  the  legislature  of  the  said  State,  on  or  before  the 
first  day  of  October  next,  with  the  register  of  the  land  office  of  Cin- 
cinnati, be,  and  the  same  is  hereby  vested  in  the  legislature  of  the  State 
of  Ohio,  for  the  purpose  of  establishing  an  academy,  in  lieu  of  the 
township  already  granted  for  the  same  purpose,  by  virtue  of  the  act 
intituled  "An  act  authorizing  the  grant  and  conveyance  of  certain 
lands  to  John  Cleves  Symmes,  and  his  associates :  Provided,  however, 
That  the  same  shall  revert  to  the  United  States,  if,  within  five  years 
after  the  passing  of  this  act,  a  township  shall  have  been  secured  for  the 
said  purpose,  within  the  boundary  of  the  patent  granted  by  virtue  of  the 
above-mentioned  act,  to  John  Cleves  Symmes,  and  his  associates,  (c) 
Further  pro-  gEC-  5.  j[nd  &e  a  further  enacted,  That  the  attorney -general  for  the 
academv  °  l  °  time  beinS>  be  directed  and  authorized  to  locate  and  accept  from  the 
said  John  Cleves  Symmes,  and  his  associates,  any  one  complete  town- 
ship within  the  boundaries  of  the  said  patent,  so  as  to  secure  the  same 
for  the  purpose  of  establishing  an  academy,  in  conformity  to  the  provis- 
ions of  the  said  patent,  and  in  case  of  non-compliance,  to  take,  or  direct 
to  be  taken,  such  measures  as  will  compel  an  execution  of  the  trust : 
Provided,  however,  That  John  Cleves  Symmes  and  his  associates  shall  be 
released  from  the  said  trust,  and  the  said  township  shall  vest  in  them, 
or  any  of  them,  in  fee-simple,  upon  payment  into  the  Treasury  of  the 
United  States,  of  fifteen  thousand  three  hundred  and  sixty  dollars,  with 
interest  from  the  date  of  the  above-mentioned  patent,  to  the  day  of 
such  payment,  (d) 

(a)  See  Nos.  28, 45,  47,  76,  79,  85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168, 179. 
(6)  See  No.  28. 

(c)  See  No.  6. 

(d)  See  Nos.  4,  6,16, 25, 30, 36, 133, 170, 181. 

March  3, 1803.    3fo.  32.— AX  ACT  to  revive  and  continue  in  force,  an  act  in  adddition  to  an  act  inti- 
Vol.  2,  p.  236.          tnled  "An  act  in  addition  to  an  act  regulating  the  grants  of  land  appropriated  for 

military  services  and  for  the  Society  of  the  United  Brethren  for  propagating  the 

Gospel  among  the  Heathen,''  and  for  other  purposes. 

Revived     and     Be  it  enacted,  <$-c.,  That  the  first  section  of  an  act  in  addition  to  an  act 
continued   in  intituled  "An  act  in  addition  to  an  act  regulating  the  grants  of  land 
-ks'  appropriated  for  military  services,  and  for  the  Society  of  the  United 
Brethren  for  propagating  the  Gospel  among  the  Heathen,"  approved  the 
twenty-sixth  of  April,  eighteen  hundred  and  two,  be,  and  the  same  is 
hereby  revived  and  continued  in  force  until  the  first  day  of  April  next. 
Secretary     of     SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  War  be,  and 
WarrIntsSUe  ^en  he  hereby is  authorized,  from  and  after  the  first  day  of  April  next,  to  issue 
and  to  whom.       warrants  for  military  bounty-lands  to  the  two  hundred  and  fifty-four 
persons  who  have  exhibited  their  claims,  and  produced  satisfactory 
evidence  to  substantiate  the  same  to  the  Secretary  of  War,  in  pursuance 
of  the  act  of  the  twenty-sixth  of  April,  eighteen  hundred  and  two,  inti- 
tuled "An  act  in  addition  to  an  act,  intituled  An  act  in  addition  to  an 
act  regulating  the  grants  of  land  appropriated  for  military  services,  and 
for  the  Society  of  the  United  Brethren  for  propagating  the  Gospel  among 
the  Heathen." 

Where  to  be  lo-  SEC.  3.  And  be  it  further  enacted,  That  the  holders  or  proprietors  of 
cate<*>  the  land  warrants  issued  by  virtue  of  the  preceding  section,  shall  and 

may  locate  their  respective  warrants  only,  on  any  unlocated  parts  of  the 
fifty  quarter  townships  and  the  fractional  quarter  townships  which  had 
been  reserved  for  original  holders,  by  virtue  of  the  fifth  section  of  an 
act  intituled  "An  act  in  addition  to  an  act  intituled  An  act  regulating 
the  grants  of  land  appropriated  for  military  services,  and  for  the  Society 
of  the  United  Brethren  for  propagating  the  Gospel  among  the  Hea- 
then, (a) 


OHIO.  3L 

SEC.  4.  And  be  it  further  enacted,  That  the  Secretary  of  War  be,  and    Land  warrants 
he  is  hereby  authorized  to  issue  land  warrants  to  Major  General  La  ^ 
Fayette,  for  eleven  thousand  five  hundred  twenty  acres,  which  shall,  at 
his  option,  be  located,  surveyed  and  patented  in  conformity  with  the 
provisions  of  an  act  intituled  "An  act  regulating  the  grants  of  land 
appropriated  for  military  services,  and  for  the  Society  of  the  United 
Brethren  for  propagating  the  Gospel  among  the  Heathen,"  or  which  may 
be  received  acre  for  acre,  in  payment  for  any  of  the  lands  of  the  United 
States  north  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky  River. 

SEC.  5.  And  be  if  further  enacted,  That  all  the  unappropriated  lands  Unappropri- 
within  the  military  tract,  shall  be  surveyed  into  half-  sections,  in  the  ated  lands  within 
manner  directed  by  the  act  intituled  "An  act  to  amend  the  act  intituled  Jho  ,  m,ni  Jar-v 


An  act  providing  for  the  sale  of  the  lauds  of  the  United  States  in  the  . 

territory  northwest  of  the  Ohio,  and  above  the  mouth  of  Kentucky     Part  to  be  at- 
River  ;"  (6)  and  that  so  much  of  the  said  lands  as  lie  west  of  the  eleventh  tached  to  the  dis- 
range  within  the  said  tract,  shall  be  attached  to,  and  made  a  part  of  the  JjA®*  ^a^for 
district  of  Chilicothe,  and  be  offered  for  sale  at  that  place,  under  the  8ale>  ; 
same  regulations  that  other  lands  are  within  the  said  district. 

SEC.  6.  And  be  it  further  enacted,  That  the  lands  within  the  said     Certain  tracts 
eleventh  range,  and  east  of  it,  within  the  said  military  tract,  and  all  the  *or  sale- 
lands  north  of  the  Ohio  Company's  purchase,  west  of  the  seven  first 
ranges,  and  east  of  the  district  of  Chilicothe,  shall  be  offered  for  sale    Where  to  beof- 
at  Zanesville,  under  the  direction  of  a  register  of  the  land  office  andfered. 
receiver  of  public  monies  to  be  appointed  for  that  purpose,  who  shall    Register     »&d 
reside  at  that  place,  and  shall  perform  the  same  duties  and  be  allowed  ef 
the  same  emoluments  as  are  prescribed  for  and  allowed  to  registers  and     Duties    and 
receivers  of  the  land  offices  by  law.  (c)  compensation. 

SEC.  7.  And  be  it  further  enacted,  That  all  persons  who  have  obtained     possessors    of 
certificates  for  the  right  of  pre-emption  to  lands  by  virtue  of  two  acts,  rights  of  pre- 
the  one  intituled  "An  act  giving  a  right  of  pre-emption  to  certain  per-  emption     under 
sons  who  have  contracted  with  John  Cleves  Symmes,  or  his  associates  sy  mmes^nd 
for  lands  lying  between  the  Miami  rivers,  in  the  territory  of  the  United  others     allowed 
States  northwest  of  the  Ohio,"  and  the  other  "An  act  to  extend  and  further  time  of 
continue  the  provisions  of  the  said  act,  passed  on  the  first  day  of  May,  payment. 
eighteen  hundred  and  two,"  and  who  have  not  made  the  first  payment 
therefor,  before  the  first  day  of  January  last,  shall  be  allowed  until  the 
tenth  day  of  April  next  to  complete  the  same  ;  and  that  all  persons  who 
have  become  purchasers  of  land  by  virtue  of  the  aforesaid  acts,  be,  and 
they  are  hereby  allowed  until  the  first  day  of  January,  eighteen  hundred 
and  five,  to  make  the  second  instalment  ;  until  the  first  day  of  January, 
eighteen  hundred  and  six,  to  make  their  third  instalment  ;  and  until  the 
first  day  of  January,  eighteen  hundred  and  seven,  to  make  their  fourth 
and  last  instalment  ;  any  thing  in  the  acts  aforesaid,  to  the  contrary 
notwithstanding,  (d) 

SEC.  8.  And  be  it  further  enacted,  That  where  any  warrants  granted    Land    patents 
by  the  State  of  Virginia,  for  military  services,  have  been  surveyed  on  the  now   to   be    ob- 
northwest  side  of  the  river  Ohio,  between  the  Sciota  and  the  Little  Miami  **"/}  \  ^heu^. 
rivers,  and  the  said  warrants,  or  the  plats  and  certificates  of  survey  ^nts  are  lost  or 
made  thereon,  have  been  lost  or  destroyed,  the  persons  entitled  to  the  destroyed. 
said  land  may  obtain  a  patent  therefor,  by  producing  a  certified  dupli- 
cate of  the  warrant  from  the  land  office  of  Virginia,  or  of  the  plat  and 
certificate  of  survey  from  the  office  of  the  surveyor  in  which  the  same 
is  recorded,  and  giving  satisfactory  proof  to  the  Secretary  of  War,  by 
his  affidavit  or  otherwise,  of  the  loss  or  destruction  of  said  warrant,  or 
plat  and  certificate  of  survey,  (e) 

(a)  See  Nos.  12,  15,  17,  18,  27,  34,  38,  42,  49,  50,  60,  71,  128,  130,  131,  135,  139. 
(6)  See  ]STos.  11,  12,  13,  21,  23,  25,  36,  37,  42,  65,  76,  79,  81,  102,  119,  158. 

(c)  See  Nos.  11,  16,  21,  25,  29,  30,  36,  39,  41,  43,  44,  47,  48,  52,  56.  59,  65,  76,  79,  80,  81,  83,  84, 

85,  87,  88,  90,  99,  102,  108,  111,  113,  126.  130,  132,  133,  145,  155,  158,  175,  185. 

(d)  See  Nos.  4,  6,  16,  25,  30,  31,  36,  133,  170,  181. 

(e)  SeeNos.  1,  8,  22,  27,  b5,  45,  46,  51,  58,  64,  66,  62,  93,  98,  112,  119,  121,  128,  146,  154,  159,  166, 

172,  174,  177,  180,  183,  184,  187,  190. 


No.  33.— AN  ACT  in  addition  to  the  act  intituled  "An  act  regulating  the  grants  of     March  3, 1803. 
land  appropriated  for  the  refugees  from  the  British  provinces  of  Canada  and  Nova     Vol.  2,  p.  242. 

Scotia."  


Be  it  enacted,  $c.,  That  Samuel  Rogers,  one  of  the  claimants  under  the     Samuel  Rogers 
act  intituled  "An  act  for  the  relief  of  the  refugees  from  the  British  m»y  locate  2,240 
provinces  of  Canada  and  Nova  Scotia,"  shall  be  entitled  to  two  thou-  acri 
sand  two  hundred  and  forty  acres  of  land,  to  be  located  in  the  manner 


32  OHIO. 

and  within  the  boundaries  of  the  tract  designated  by  the  act  to  which 
this  act  is  a  supplement,  and  shall  receive  a  patent  for  the  same  in  the 
manner  directed  by  the  said  last-mentioned  act.  (a) 
(a)  See  Nos.  23,  33a,  50a,  55,  80. 


March  16, 1804.  3To.  33a.— AM"  ACT  to  revive  and  continue  in  force,  an  act  intituled  "  An  act  for  the 
Yol.  2,  p.  270.  relief  of  the  refugees  from  the  British  provinces  of  Canada  and  Nova  Scotia.'1 

Former  act  re-      Be  {t  cnaci?d>  <$'c;  That  the  act,  intituled  "  An  act  for  the  relief  of  the 
vived  and  contin- refugees  from  the  British  provinces  of  Canada  and  Nova  Scotia,"  ap- 
ued  in  force.        proved  on  the  seventh  of  April,  one  thousand  seven  hundred  and  ninety- 
eight,  shall  be,  and  the  same  is  hereby  revived  and  continued  in  force 
for  the  term  of  two  years  from  the  passage  of  this  act,  and  no  longer. (a) 
(a)  See  Xos.  23,  33,  50a,  55,  80. 


March  19  1804    ^°*  34.— AX  ACT  granting  further  time  for  locating  military  land-warrants,  and  for 
VoL2.p.271.  '  other  purposes. 

Be  it  enacted,  cfc.,  That  the  act  intituled  "  An  act  in  addition  to  an 


vivdnd  actt^e"  act  intituled  An  act  in  addition  to  an  act  regulating  the  grants  of  land 
ued  in  aforce  tUl  appropriated  for  military  services,  and  for  the  Society  of  the  United 
April  l,  1805.        Brethren  for  propagating  the  Gospel  among  the  Heathen,"  approved  the 
twenty-sixth  day  of  April,  eighteen  hundred  and  two,  be,  and  the  same 
is  hereby  revived  and  continued  in  force,  until  the  first  day  of  April, 
one  thousand  eight  hundred  and  five :  Provided,  however,  That  the  holders 
Limitation        or  Pr°Prietors  of  warrants  or  registered  certificates,  shall  and  may  locate 
to  the  location  of  tne  same,  only  on  any  unlocated  parts  of  the  fifty  quarter  townships,  and 
warrants.  the  fractional  quarter  townships,  which  had  been  reserved  for  original 

holders,  by  virtue  of  the  fifth  section  of  an  act,  intituled  "  An  act  in  addi- 
tion to  an  act,  intituled  An  act  regulating  the  grants  of  land  appropriated 
for  military  services,  and  for  the  Society  of  the  United  Brethren  for  prop- 
Proviso,  agating  the  Gospel  among  the  Heathen.:"   And  provided  also,  That  no 
holder  or  proprietor  of  warrants  or  registered  certificates,  shall  be  per- 
The  Secretary  niitted  to  locate  the  same  by  virtue  of  this  act,  unless  the  Secretary  of 
of  War  to  endorse  War  shall  have  made  an  endorsement  on  such  warrant  or  registered 
the  warrant    or  certificate,  certifying  that  no  warrant  has  been  issued  for  the  same 
nowSXnt  hasclaim  *°  military  bounty-land,  and  by  virtue  of  the  second  section  of 
been  issued  for  the  act,  intituled  "An  act  to  revive  and  continue  in  force  an  act  in  ad- 
the  same  in  vir-  dition  to  an  act  intituled  An  act  in  addition  to  an  act  regulating  the 
tue  of  the  act  of  grants  of  land  appropriated  for  military  services,  and  for  the  Society  of 
n  a,  1803.      the  united  Brethren  for  propagating  the  Gospel  among  the  Heathen, 
and  for  other  purposes,"  approved  the  third  day  of  March,  eighteen 
hundred  and  three,  (a) 

(a)  See  Nos.  12,  15,  17,  18,  27,  32,  34,  38,  42,  49,  50,  60,  71,  128,  130,  131,  135,  139. 


March  23, 1804.  No.  35.— AN  ACT  to  ascertain  the  boundary  of  the  lands  reserved  by  the  State  of 
YoL  2,  p.  274.  Virginia,  northwest  of  the  river  Ohio,  for  the  satisfaction  of  her  officers  and  soldiers 
on  continental  establishment,  and  to  limit  the  period  for  locating  the  said  lands. 


Boundary  line     Be  it  enacted,  $c.,  That  the  line  run  under  the  direction  of  the  surveyor- 

dimrtion  of  the  general  of  the  United  States,  from  the  source  of  the  Little  Miami,  to- 

surveyor-gen-  wards  the  source  of  the  Scioto,  and  which  binds  on  the  east,  the  sur- 

eral  established,  veys  of  the  lands  of  the  United  States,  shall,  together  with  its  course 

continued  to  the  Scioto  River,  be  considered  and  held  as  the  westerly 

boundary  line,  north  of  the  source  of  the  Little  Miami,  of  the  territory 

Proviso,  that  reserved  by  the  State  of  Virginia,  between  the  Little  Miami  and  Scioto 

within  two  years  rivers,  for  the  use  of  the  officers  and  soldiers  of  the  continental  line  of  that 

the  state  of  Yir-  gtate .  Provided,  That  the.State  of  Virginia  shall,  within  two  years  after 

theTine1600211126  the  pa«sing  of  this  act,  recognize  such  line  as  the  boundary  of  the  said 

territory. 

Officers  and  SEC.  2.  And  be  it  further  enacted,  That  all  the  officers  and  soldiers,  or 
soldiers  to  com-  their  legal  representatives  who  are  entitled  to  bounty  lauds  within  the 
Sons  inir  three  above-mentioned  reserved  territory,  shall  complete  their  locations  within 
years  within  the  three  years  after  the  passing  of  this  act,  and  every  such  officer  and  sol- 
reserved  terri-  dier,  or  his  legal  representative,  whose  bounty  land  has  or  shall  have 
tory-  been  located  within  that  part  of  the  said  territory,  to  which  the  Indian 


OHIO.  33 


title  has  been  extinguished,  shall  make  return  of  his  or  their  surveys  Officer?  and 
to  the  Secretary  of  the  Department  of  War,  within  five  years  after  the  soldiers  whose 
passing  of  this  act,  and  shall  also  exhibit  and  file  with  the  said  Secre-  havebeenlocated 
tary,  and  within  the  same  time,  the  original  warrant  or  warrants  under  on  that  part  of 
which  he  claims,  or  a  certified  copy  thereof,  under  the  seal  of  the  office  the  territory  to 
where  the  said  warrants  are  legally  kept;  which  warrant,  or  certi-5^ic^  th?Inciiai1 
fied  copy  thereof,  shall  be  sufficient  evidence  that  the  grantee  therein  tinguished6611  *to 
named,  or  the  person  under  whom  such  grantee  claims,  was  originally  maTke  returns, 
entitled  to  such  bounty  land  :  and  every  person  entitled  to  said  lands  &c  i  to  the  Secre- 
and  thus  applying,  shall  thereupon  be  entitled  to  receive  a  patent  in  |arj  JjL?^*1  in 
the  manner  prescribed  by  law.  P  ayp  e  r's  re. 

SEC.  3.  And  be  it  further  enacted,  That  such  part  of  the  above-men-  turned  to  be  evi- 
tioned  reserved  territorv  as  shall  not  have  been  located,  and  those  tracts  deuce    entitling 
of  land,  within  that  part  of  the  said  territory  to  which  the  Indian  title l  atent  mant8  t0 
has  been  extinguished,  the  surveys  whereof  shall  not  have  been  re- 
turned  to  the  Secretary  of  War,  within  the  time  and  times  prescribed 
by  this  act,  shall  thenceforth  be  released  from  any  claim  or  claims  for    TJnlocated  por- 
such  bounty  lands,  and  shall  be  disposed  of  in  conformity  with  the  pro-  tion  of  the   re- 
visions of  the  act,  intituled  "An  act  in  addition  to,  and  modification  of,  ?6ITed  territory 
the  propositions  contained  in  the  act,  intituled  An  act  to  enable  the f,"  rdeased&om 
people  of  the  eastern  division  of  the  territory,  northwest  of  the  river  claims   and  dis- 
Ohio,  to  form  a  constitution  and  State  government,  and  for  the  ad-  posed  of,  &c. 
mission  of  such  State  into  the  Union,  on  an  equal  footing  with  the 
original  States,  and  for  other  purposes."  (ft) 

(a)  See  Nos.  1,  8,  22, 27,  32,  45, 46,  51,  58, 64,  66,  82,  93,  98,  112,  119,  121,  128,  146,  154,  159, 
166, 172, 174, 177, 180, 183,  184, 187, 190. 


No.  36,— AN  ACT  making  provision  for  the  disposal  of  the  public  lands  in  the  In-     March  26, 1804. 

diana  Territory,  and  for  other  purposes.                                            Vol.  2,  p.  277. 
*  *  *  #  *  #  #  — — 

SEC.  7.  And  be  it  further  enacted,  That  the  several  provisions  made  in  favour  ^of^pu? 
favour  of  persons  who  have  contracted  for  lands  with  John  Cleves  chasers  under  J. 
Symmes  and  his  associates,  by  an  act  intituled  "An  act  to  extend  and?'  Symmes  con  - 
cpntinue  in  force  the  provisions  of  an  act  intituled  An  act  giving  a  ° 

right  of  pre-emption  to  certain  persons,  who  have  contracted  with  John 
Cleves  Symmes  or  his  associates,  for  lands  lying  between  the  Miami 
rivers  in  the  territory  northwest  of  the  Ohio,  and  for  other  purposes," 
shall  be  and  the  same  are  hereby  continued  in  force  until  the  first  day 
of  June  next :  Provided,  That  the  register  of  the  land  office  and  re-    T  h e    register 
ceiver  of  public  monies  at  Cincinnati  shall  perform  the  same  duties,  ex-  a?d,  receiver  of 
ercise  the  same  powers,  and  eDJoy  the  same  emoluments,  which  by  the  cinckinati 
last-recited  act  were  enjoined  on  or  vested  in  the  commissioners  desig-    ^T 
nated  by  the  said  act :  And  provided  also,  That  no  certificate  for  a  right  Pm  ntim,   to  T* 
of  pre-emption  shall  be  granted,  except  in  favour  of  persons  who  had,  granted  except  in 
before  the  first  day  of  January,  one  thousand  eight  hundred,  made  con-  favor  of  persons 
tracts  in  writing  with  John  Cleves  Symmes  or  with  any  of  his  associates ,  ™  h  °  h  a  d 

^ 


and  who  had  made  to  him  or  them  any  payment  or  payments  of  money  j^h  n  C  l^e  ve  s 
for  the  purchase  of  such  lands ;  nor  unless  at  least  one-twentieth  part  of  s  y  m  m  e  s,   &c. 
the  purchase  money  of  the  land  claimed,  shall  have  previously  been  after  Jancary  1 
paid  to  the  receiver  of  public  monies,  or  shall  be  paid  prior  to  the  first 1800< 
day  of  January  next.    And  every  person  who  shall  obtain  a  certificate    I*ersons   w^>° 
of  pre-emption,  shall  be  allowed  until  the  first  day  of  January,  one  cates^llow^dun- 
thousand  eight  hundred  and  six,  to  complete  the  payment  of  his  first  til  1806,  to  com- 
instalment:  And  provided  also,  That  where  any  person  or  persons  shall,  plete   the  pay- 
in  virtue  of  a  contract  entered  into  with  John  Cleves  Symmes,  have  ment, of  *f e  first 
entered  and  made  improvements  on  any  section  or  half-section  prior  to  '"proviso  in  fa- 
the  nrst  day  of  April  last  (having  conformed  with  all  the  foregoing  vour  of  persons 
provisions  in  this  section),  which  improvements  by  the  running  of  the  who  have  made 
lines  subsequently  thereto  shall  have  fallen  within  any  section,  or  half-  improvements, 
section  other  than  the  one  purchased  as  aforesaid,  and  other  than  sec- 
tion number  sixteen,  such  section  or  half-section  shall  in  that  case  be 
granted  to  the  person  or  persons  who  shall  have  so  entered,  improved 
and  cultivated  the  same,  on  payment  of  the  purchase  money  agreeably 
to  the  provisions  made  by  law  for  lands  sold  at  private  sale  ;  but  noth- 
ing herein  contained  shall  be  construed  to  give  to  any  such  person  or 
persons  a  greater  number  of  acres  than  he  or  they  had  contracted  for, 
with  John  Cleves  Symmes  as  aforesaid. 

3  L  O— VOL  II 


34  OHIO. 

Persons  having     SEC.  8.  And  be  it  further  enacted,  That  every  person  who  may  have 
certificates      of  heretofore  obtained  from  the  commissioners,  a  certificate  of  a  right   of 
emption  un  iTr  Pre'emPtion  for  lands  lying  between  the  two  Miami  rivers,  on  account 
contracts  with  or  °.f  contracts  with,  or  purchase  from  John  Cleves  Symmes  or  his  asso- 
purckasesfrom  J.  ciates,  and  who  has  paid  his  first  instalment;  and  every  person,  who 
Cleves    Symmes  may  obtain  a  similar  certificate   by  virtue  of  the  preceding  section, 
tLmTfor  pavim-1'  and  sha11'  on  or  before  the  first    day  of  January,  one  thousand  eight 
='  hundred  and  six,  pay  his  first  instalment,  be  permitted  to  pay  the  resi- 
due of  the  purchase  money  in  six  annual  equal  payments,  (a) 

Fractional  sec-      SEC.  9.  And  be  it  further  enacted,  That  fractional  sections  of  the  pub- 

tions    ma y    b e  uc  lands  of  the  United  States,  either  north  of  the  river  Ohio,  or  south 

f£elvUD1         °r  of  the  State  of  Tennessee,  shall,  under  the  directions  of  the  Secretary 

Xo*    fractional  °f  the  Treasury,  be  either  sold  singly,  or  by  uniting  two  or  more  to- 

sections   to   begether;  any  act  to  the  contrary,  notwithstanding:  Provided,  That  no 

at  Pri™te  fractional  sections  shall  be  sold  in  that  manner  until  after  they  shall 

offer  "at    public  nave  been  offered  for  sale  to  the  highest  bidder,  in  the  manner  herein- 

saie.  after  directed. 

Public  lands  of     SEC.  10.  And  be  it  further  enacted,  That  all  the  public  lands  of  the 

the  United  states  United  States,  the  sale  of  which  is  authorized  by  law,  may,  after  they 

whole,  h  aJl  for  8naU  have  been  offered  for  sale  to  the  highest  bidder  in  quarter-sections, 

quarter  sections,  as  hereinafter  directed,  be  purchased  at  the  option  of  the  purchaser, 

either  in  entire   sections,  in  half-sections,  or  in  quarter-sections;  in 

which  two  last  cases  the  sections  shall  be  divided  into  half-sections  by 

lines  running  due  north  and  south,  and  the  half-sections  shall  be  divided 

into  quarter-sections  by  lines  running  due  east  and  west.    And  in  every 

All   subdivis- instance  in  which  a  subdivision  of  the  lands  of  the  United  States,  as 

ex^Se  of*  pur6  surveyed  in  conformity  with  law,  shall  be  necessary  to  ascertain  the 

chasers.  boundaries  or  true  contents  of  the  tract  purchased,  the  same  shall  be 

done  at  the  expense  of  the  purchaser. 

Interest     not     SEC.  11.  And  be  it  further  enacted,  That  no  interest  shall  be  charged 
i  of  °n  ^>rc  on  an^ in8talment;  which  may  hereafter  become  due,  in  payment  for  any 
land,  if  the  prin- of  tne  public  lands  of  the  United  States,  wherever  situated,  and  which 
cipai  be  punctu-  have  been  sold  in  pursuance  of  the  act,  intituled  "An  act  to  amend  the 
ally  paid.  act  intituled  An  act  providing  for  the  sale  of  the  lands  of  the  United 

States,  in  the  territory  northwest  of  the  Ohio,  and  above  the  mouth  of 
Kentucky  River,"  or  which  may  hereafter  be  sold  by  virtue  of  that,  or 
of  any  other  act  of  Congress  :  Provided,  That  such  instalments  shall  be 
paid  on  the  day  on  which  the  same  shall  become  due ;  but  the  interest 
shall  be  charged  and  demanded  in  conformity  with  the  provisions  here- 
tofore in  force,  from  the  date  of  the  purchase  on  each  instalment  which 
shall  not  be  paid  on  the  day  on  which  the  same  shall  become  due :  Pro- 
vided however,  That  on  the  instalments  which  are  or  may  become  due 
before  the  first  day  of  October  next,  interest  shall  not  be  charged,  except 
from  the  time  they  became  due  until  paid,  but  in  failure  to  pay  the  said 
instalments  on  the  said  first  day  of  October,  interest  shall  be  charged 
thereon,  in  conformity  with  the  provisions  heretofore  in  force,  from  the 
date  of  the  purchase. 

Certain  ses-     SEC.  12.  And  be  it  further  enacted,  That  the  sections  which  have  been 

fiant-oflaaindSsTcdheret?fore  reserved/and  are  >y  this  act  directed  to  be  sold,  also,  the 

tions  and  other  fractional  sections,  classed  as  is  by  the  ninth  section  of  this  act  directed, 

public  land  north  and  all  the  other  lands  of  the  United  States,  north  of  the  Ohio,  and 

of  the  Ohio  and  above  the  mouth  of  Kentucky  River,  shall  be  offered  for  sale  in  quarter- 

of  °KVn t  ^ck*  sections' to  the  highest  bidder,  under  the  directions  of  the  register  of 

River,  to  be  of-  toe  land  office,  and  of  the  receiver  of  public  monies,  at  the  places,  re- 

fered  for  sale.       spectively,  where  the  land  offices  are  kept,  that  is  to  say  ;  the  lands  in 

Under     whose  the  districts  of  Chilicothe,  on  the  first  Monday  of  May:  the  lands  in 

Tiniea      and  the  district  of  Marietta,  on  the  second  Monday  of  May;  the  lands  in 

places  of  sale,      the  district  of  Zanesville,  on  the  third  Monday  of  May;  the  lands  in 

How  long  the  the  district  of  Steubenville,  on  the  second  Monday  of  June ;  and  the 

sales  to  remain  lands  in  the  district  of  Cincinnati,  on  the  first  Monday  of  September. 

OITerms  of  <ales  ^e  sales  shall  remain  open  at  each  place  no  longer  than  three  weeks  : 

"*'  the  lands  which  may  be  thus  sold,  shall  not  be  sold  for  less  than  two 

dollars  per  acre,  and  shall,  in  every  other  respect  be  sold  on  the  same 

..    terms  and  conditions,  as  is  provided  for  the  sale  of  lands  sold  at  private 

lands  north  of  8ale-  Ancf  al1  tbe  other  Public  lands  of  the  United  States,  either  north 
the  Ohio,  or  south  of  the  Ohio,  or  south  of  the  State  of  Tennessee,  which  are  directed  to 
of  Tennessee  to  be  sold  at  public  sale,  shall  be  offered  for  sale  to  the  highest  bidder,  in 
•nered  to  the  quarter-sections :(&)  Provided  howerer,  That  section  number  twenty-six 
inquLteMec*  of  tne  tbird  township  of  the  second  fractional  range,  within  the  grant 
tions.  made  by  the  United  States  to  John  Cleves  Symmes,  on  which  is  erected 


OHIO.  35 

ill-dam,  is  hereby  granted  to  Joseph  Vanhorne,  the  proprietor  of  the    Grants  to  Jos. 
o^J  dam;  and  also,  that  section  number  twenty-nine  of  the  second  Vanhorne,  James 
township  of  the  fourth  entire  range,  be  granted  to  James  Sutton  ;  and  yan  Gundv  *  *  * ' 
also,  that  section  number  twenty-one  of  the  ninth  township  of  the 
twenty-first  range,  be  granted  to  Christian  Van  Gundy,  on  their  pay- 
ment of  the  purchase  money,  agreeably  to  the  provisions  made  by  law, 
for  lands  sold  at  private  sale. 

SEC.  13.  And  be  it  further  enacted,  That  whenever  any  of  the  public  Public  lands, 
lands  shall  have  been  surveyed  in  the  manner  directed  by  law,  they  sUall  after  havingbeen 
be  divided  by  the  Secretary  of  the  Treasury  into  convenient  surveying  JivSf  'by  the 
districts,  and  a  deputy  surveyor  shall,  with  the  approbation  of  the  said  secretary  of  the 
Secretary,  be  appointed  by  the  surveyor-general  for  each  district,  who  Treasury,  into 
shall  take  an  oath  or  affirmation  truly  and  faithfully  to  perform  the  surveying  dis' 
duties  of  his  office ;  and  whose  duty  it  shall  be  to  run  and  mark  such  ™  O'r  each  of 
lines  as  may  be  necessary  for  subdividing  the  lands  surveyed  as  afore-  which  a  deputy 
said,  into  sections,  half-sections  or  quarter-sections,  as  the  case  maybe ;  to  surveyor,  with 
ascertain  the  true  contents  of  such  subdivisions ;  and  to  record  in  a  ^ \h^W'oba'^)n 
book  to  be  kept  for  that  purpose,  the  surveys  thus  made.  The  surveyor-  of  tne  Treasurv^ 
general  shall'furnish  each  deputy  surveyor  with  a  copy  of  the  plat  of  shall  be  appoint- 
the  townships  and  fractional  parts  of  townships  contained  in  his  district,  ed. 
describing  the  subdivisions  thereof,  and  the  marks  of  the  corners,  His  dntie°8  ' 
Each  deputy  surveyor  shall  be  entitled  to  receive  from  the  purchaser  of  ^ne  8urveyor- 
any  tract  of  land,  of  which  a  line  or  lines  shall  have  been  run  and  general  -to  fur- 
marked  by  him,  at  the  rate  of  three  dollars  for  every  mile  thus  surveyed  nish  the  deputies 
and  marked,  before  he  shall  deliver  to  him  a  copy  of  the  plat  of  such  ^h  plcatPiesa  n°| 
tract,  stating  its  contents.  The  fees  payable  by  virtue  of  former  laws  fractional  parta 
for  surveying  expenses  shall,  after  the  first  day  of  July  next,  be  no  of  townships  in 
longer  demandable  from,  and  paid  by  the  purchasers.  And  no  final  cer-  their  districts, 
tificate  shall  thereafter  be  given  by  the  register  of  any  laud  office  to  the  utiesesc 
purchaser  of  any  tract  of  land,  all  the  lines  of  which  shall  not  have  been  Limitation  of 
run,  and  the  contents  ascertained  by  the  surveyor-general  or  his  assist-  grant  of  a  certifi- 
ants,  unless  such  purchaser  shall  lodge  with  the  said  register  a  plat  of  cate- 
such  tract,  certified  by  the  district  surveyor,  (c) 

SEC.  14.  And  be  it  further  enacted,  That  from  and  after  the  first  day  Additional 
of  April  next,  each  of  the  registers  and  receivers  of  public  monies  of  the  compensation  to 
several  land  offices  established  by  law,  either  north  of  the  river  Ohio,  receivers  of  Spub- 
or  south  of  the  State  of  Tennessee,  shall,  in  addition  to  the  commission  no  monies  of  the 
heretofore  allowed,  receive  one-half  per  cent,  on  all  the  monies  paid  for  several  land  of- 
public  lands  sold  in  their  respective  offices,  and  an  annual  salary  of  five  ficea- 
hundred  dollars,  the  register  and  receiver  of  the  land  office  at  Marietta 
excepted,  the  annual  salary  of  whom  shall  be  two  hundred  dollars.  And  Certain  fees 
from  and  after  the  same  day  the  fees  payable  by  virtue  of  former  laws  able  disconttn- 
to  the  registers  of  the  several  land  offices,  for  the  entry  of  lands  and  for  ue(j 
certificates  of  monies  paid,  shall  no  longer  be  demandable  from  nor  paid  Books  of  the  of- 
by  the  purchasers  of  public  lands.  And  it  shall  be  the  duty  of  the  Sec-  ficers  of  the  land 
retary  of  the  Treasury  to  cause,  at  least  once  every  year,  the  books  of  ^JjJJ®  examined 
the  officers  of  the  land  offices  to  be  examined,  and  the  balance  of  public  an(j  the  balance 
monies  in  the  hands  of  the  several  receivers  of  public  monies  of  the  said  in  their  hands  as- 
offices,  to  be  ascertained.  certained. 

SEC.  15.  And  be  it  further  enacted,  That  from  and  after  the  first  day  of  Fees  hereto- 
April  next,  the  fees  heretofore  payable  for  patents  for  lands,  shall  no  fore  demandable 
longer  be  paid  by  the  purchasers.  And  it  shall  be  the  duty  of  every  *  °  ^  pa^I^jeno 
register  of  a  land  office  on  application  of  the  party,  to  transmit,  by  mail,  °§Sters  o  f 
to  the  Register  of  the  Treasury,  the  final  certificate  granted  by  such  regis-  the  land  offices  to 
ter  to  the  purchaser  of  any  tract  of  land  sold  at  his  office :  and  it  shall  transmit  the  final 
be  the  duty  of  the  Register  of  the  Tieasury,  on  receiving  any  such  cer-  {^chasers  to  the 
tificate,  to  obtain  and  transmit,  by  mail,  to  the  register  of  the  proper  ^egister  of  the 
land  office,  the  patent  to  which  such  purchaser  is  entitled ;  but,  in  every  Treasury ;  post- 
such  instance,  the  party  shall  previously  pay  to  the  proper  deputy  post-  age  to  be  paid  by 
master,  the  postage  accruing  on  the  transmission  of  such  certificate  and  tde  Pur 
patent. 

***#*** 

SEC.  17.  And  be  it  further  enacted,  That  the  several  superintendents  of    Per    diem   al- 
the  public  sales  directed  by  this  act,  shall  receive  six  dollars  each,  for  lowance    to    su- 

each  day's  attendance  on  the  said  sales. 

******* 

(a)  See  Nos.  4, 6, 16, 25. 30, 31,  32, 133, 170, 181. 

(6)  See  Nos.  11, 16,  21, 25,  29,  30,  32,  39,  41,  43,  44,  47,  48, 52,  56, 59,  65,  76,  79,  80,  81,  83,  84, 

85,  87,  88,  90,  99,  102, 108,  111,  113. 126, 130, 132, 133, 145, 155, 158, 175, 185. 
(c)  See  Nb8.  11, 12, 13, 21, 23, 25,  32, 36,  37, 42,  65, 76, 79, 81, 102, 119, 158. 


36  OHIO 

Feb  1 1  1805       ^o.  37 .—AX  ACT  concerning  the  mode  of  surveying  the  puhlic  lands  of  the  United 
Vol  -2,  p.  313.  States. 


M  ,  — : —  Be  it  enacted,  <fc.,  That  the  surveyor-general  shall  cause  all  those  lands 
veyino-  p  u  b  1  i  c  north  of  the  river  Ohio,  which,  by  virtue  of  the  act,  intituled  "An  act 
lands"  north  o  f  providing  for  the  sale  of  the  lands  of  the  United  States,  in  the  territory 
the  Ohio.  northwest  of  the  river  Ohio,  and  above  the  mouth  of  the  Kentucky 

River,"  were  subdivided,  by  running  through  the  townships,  parallel 
Corners  to  be  lines  each  way,  at  the  end  of  every  two  miles,  and  by  marking  a  corner 
marked.  oa  g^jj  of  tjje  8a^  iineS)  at  the  end  of  every  mile  ;  to  be  subdivided  into 

sections,  by  running  straight  lines  from  the  mile  corners  thus  marked, 
to  the  opposite  corresponding  corners,  and  by  marking  on  each  of  the 
said  lines,  intermediate  corners  as  nearly  as  possible  equidistant  from 
Half    sections  the  corners  of  the  sections  on  the  same.     And  the  said  surveyor-general 
Julv^isof  °S  8ha11  also  cause  tbe  boundaries  of  all  the  half-sections,  which  had  been 
be  surveyed  and  purchased  previous  to  the  first  day  of  July  last,  and  on  which  the  sur- 
marked.  veying  fees  had  been  paid,  according  to  law,  by  the  purchaser,  to  be 

surveyed  and  marked,  by  running  straight  lines  from  the  half-mile  cor- 
ners, heretofore  marked,  to  the  opposite  corresponding  corners;  and 
intermediate  corners  shall,  at  the  same  time,  be  marked  on  each  of  the 
said  dividing  lines,  as  nearly  as  possible  equidistant  from  the  corners 
Whole  expense  of  the  half -section  on  the  same  line  :  Provided,  That  the  whole  expense 
8UdVth  D°d  *f  of  8arveying  and  marking  the  lines  shall  not  exceed  three  dollars  for 
•  lara^er^miLe.        every  mile  which  has  not  yet  been  surveye  d,  and  which  shall  be  actually 
How    the    ex- run,  surveyed,  and  marked  by  virtue  of  this  section.     And  the  expense 
pense  of  making  of  making  the  subdivisions,  directed  by  this  section,  shall  be  defrayed 
be6DaidVey8 19  l°  oafc  of  tbe  monie9  appropriated,  or  which  may  be  herea  fter  appropriated, 

for  completing  the  surveys  of  the  public  lands  of  the  United  States. 
Principles  up-     SEC.  2.    And  be  it  further  enacted,  That  the  boundaries  and  contents 
on    which    the  of  the  several  sections,  half-sections,  and  quarter-sections  of  the  public 
coatenat"6of  the lands  of  the  Unifced  States,  shall  be  ascertained  in  conformity  with  the 
public  lands  are  following  principles,  any  act  or  acts  to  the  contrary  notwithstanding: 
to  be  ascertained.      1st.  All  the  corners  marked  in  the  surveys,  returned  by  the  surveyor- 
general,  or  by  the  surveyor  of  the  land  south  of  the  State  of  Tennessee, 
respectively,  shall  be  established  as  the  proper  corners  of  sections,  or 
subdivisions  of  sections,  which  they  were  intended   to  designate ;  and 
the  corners  of  half  and  quarter  sections,  not  marked  on  the  said  surveys, 
shall  be  placed  as  nearly  as  possible  equidistant  from  those  two  corners 
which  stand  on  the  same  line. 

Boundary  hues  2d-  Tne  boundary  lines,  actually  run  and  marked  in  the  surveys  re- 
run and  marked  turned  by  the  surveyor-general,  or  by  the  surveyor  of  the  land  south  of 
by  the  surveyor  the  State  of  Tennessee,  respectively,  shall  be  established  us  the  proper 
uessee »  JUverto  }joundary  lines  of  the  sections,  or  subdivisions,  for  which  they  were 
be  the  proper  intended,  and  the  length  of  such  lines,  as  returned  by  either  of  the  sur- 
boundaries  of  veyors  aforesaid,  shall  be  held  and  considered  as  the  true  length  thereof. 
se£tions>-  And  the  boundary  lines,  which  shall  not  have  been  actually  run,  and 

not° actually  run  marked  as  aforesaid,  shall  be  ascertained,  by  running  straight  lines  from 
to  be  ascertained.  tne  established  corners  to  the  opposite  corresponding  corners ;  but  in 
those  portions  of  the  fractional  townships,  where  no  such  opposite  cor- 
responding corners  have  been  or  can  be  fixed,  the  said  boundary  lines 
shall  be  ascertained ,  by  running  from  the  established  corners,  due  north 
and  south,  or  east  and  west  lines,  as  the  case  may  be,  to  the  water-course, 
Indian  boundary  line,  or  other  external  boundary  of  such  fractional 
township. 

Surveys  to  be  3d.  Each  section,  or  subdivision  of  section,  the  contents  whereof  shall 
returned.  have  been,  or  by  virtue  of  the  first  section  of  this  act,  shall  be  returned 

by  the  surveyor-general,  or  by  the  surveyor  of  the  public  lands  south 
of  the  State  of  Tennessee,  respectively,  shall  be  held  and  considered  as 
containing  the  exact  quantity,  expressed  in  such  return  or  returns :  and 
the  half-sections  and  quarter-sections,  the  contents  whereof  shall  not 
have  been  thus  returned,  shall  be  held  and  considered  as  containing  the 
one-half,  or  the  one-fourth  part  respectively,  of  the  returned  contents 
of  the  section  of  which  they  make  part. 

Part  of  a  for-     gEC>  3.    ^n(j  fa  it  further  enacted,  That  so  much  of  the  act  entituled 
mer  act  repealed.  «^n  act  mafcing  provision  for  the  disposal  of  the  lands  in  the  Indiana 
Territory,  and  for  other  purposes,"  as  provides  the  mode  of  ascertaining 
the  true  contents  of  sections  or  subdivisions  of  sections,  and  prevents 
the  issue  of  final  certificates,  unless  the  said  contents  shal]  have  been 
ascertained,  and  a  plot  certified  by  the  district  surveyor,  lodged  with  the 
register,  be,  and  and  the  same  is  hereby  repealed,  (a) 
(a)  See  Nos.  11;  12, 13, 21, 23, 25,  32,  36,  42,  65,  76, 79,  81, 102, 119, 158. 


OHIO.  37 

fo.  3S.— AN  ACT  to  authorize  the  Secretary  of  War  to  issue  military  land- war-     March  2, 1805. 
rants,  and  for  other  purposes.  Vol.  2,  p.  329. 

Be  it  enacted,  fc.,  That  the  Secretary  of  War  be,  and  he  hereby  is  au-  — — 
thorized  from  and  after  the  passing  of  this  act,  to  issue  warrants  for  Decretory  ^o± 
military  bounty-lands  to  the  sixty-three  persons  who  have  exhibited  to  isaue  warrants 
their  claims,  and  produced  satisfactory  evidence  to  substantiate  thefor  military 
same,  to  the  Secretary  of  War ;  and  also,  to  such  persons  as  shall,  before  bounty-Ian  d  t  o 
the  first  day  of  April  next,  produce  to  him  satisfactory  evidence  of  the  JJJjgJJd  g?™^ 
validity  of  their  claims,  in  pursuance  of  the  act  of  the  twenty-sixth  of  Bothers  pro. 
April,  eighteen  hundred  and  two,  intituled  "An  act  in  addition  to  an  ducing  satisfac- 
act,  intituled  An  act  in  addition  to  an  act,  regulating  the  grants  of  land  tory  evidence  of 
appropriated  for  military  services,  and  for  the  Society  of  the  United  fJ^Aprir?  &c" 
Brethren  for  propagating  the  Gospel  among  the  Heathen." 

SEC.  2.  And  be  it  further  enacted,  That  the  holders  or  proprietors  of  the     Where  the  fore- 
land  warrants  issued  by  virtue  of  the  preceding  section,  shall  and  may  going    warrants 
locate  their  respective  warrants  only  on  any  unlocated  parts  of  the  fifty  may  b( 
quarter  townships,  and  the  fractional  quarter  townships,  which  had  been 
reserved  for  original  holders,  by  virtue  of  the  fifth  section  of  an  act, 
intituled  "An  act  in  addition  to  an  act,  entituled  An  act  regulating  the 
grants  of  land  appropriated  for  military  services,  and  for  the  Society  of 
the  United  Brethren  for  propagating  the  Gospel  among  the  Heathen." 

SEC.  3.  And  be  it  further  enacted,  That  the  act  intituled  "An  act  in     Former    act 
addition  to  an  act,  intituled  An  act  in  addition  to  an  act,  regulating  the  continue  d  in 
grants  of  lands  appropriated  for  military  services,  and  for  the  Society  of  ^March 
the  United  Brethren  for  propagating  the  Gospel  among  the  Heathen," 
approved  the  twenty-sixth  day  of  April,  eighteen  hundred  and  two,  be, 
and  the  same  is  hereby  continued  in  force  until  the  first  day  of  March, 
eighteen  hundred  and  six.  (a) 
(a)  See  Nos.  12, 15, 17, 18, 27,  32, 34,  38,  42,  49,  50, 60, 71, 128, 130, 131, 135, 139. 


No.  39.— AN"  ACT  supplementary  to  the  act  intituled  "An  act  making  provision  for     March  3, 1805. 
the  disposal  of  the  public  lands  in  the  Indiana  Territory,  and  for  other  purposes."         Vol.  2,  p.  343. 


SEC.  7.  And  be  it  further  enacted,  That  all  the  sections  heretofore  re-     Sections  re- 
served for  the  future  disposition  of  Congress,  and  lying  within  either  of  served  for  the 
the  districts  established  for  the  disposal  of  public  lands  in  the  State  of  cZgress  to    be 
Ohio,  with  the  exception  of  the  section  No.  16,  of  the  salt  springs,  and  offered  for  sale, 
lands  reserved  for  the  use  of  the  same,  and  of  the  other  sections  or 
tracts  of  land  otherwise  heretofore  specially  appropriated,  shall  be  of- 
fered for  sale  in  that  district  within  which  'such  reserved  sections  may 
lie,  on  the  same  terms,  and  under  the  same  regulations,  as  other  lands 
in  the  same  district :  Provided,  That  such  sections  shall  previously  be    Proviso, 
offered  to  the  highest  bidder  at  public  sales,  to  be  held  under  the  super- 
intendence of  the  register  and  receiver  of  the  land  offices,  respectively, 
to  which  they  are  attached,  on  the  same  terms  as  has  been  provided  for 
the  public  sales  of  the  other  public  lands  of  the  United  States,  and  on 
such  day  or  days  as  shall  by  a  public  proclamation  of  the  President  of 
the  United  States  be  designated  for  that  purpose :  And  provided  also,  That     Proviso, 
no  such  heretofore  reserved  section  shall  be  sold  either  at  public  or  pri- 
vate sale  for  less  than  eight  dollars  per  acre,  (a) 

(a)  See  Nos.  11,  16, 21,  25, 29,  30,  32,  36, 41,  43,  44,  47,  48,  52, 56, 59, 65,  76,  79,  80,  81,  83,  84, 
85,  87,  88,  90,  99, 102, 108,  111,  113, 126, 130, 132, 133,  145, 155, 158, 175, 185. 


No.  40.— AN  ACT  to  repeal  in  part,  the  fourth  section  of  an  act,  intituled  "An  act  to  Feb.  21, 1806. 
authorize  a  grant  of  lands  to  the  French  inhabitants  of  Galliopolis,  and  for  other  Vol.  2,  p.  350. 
purposes  therein  mentioned.' 


Be  it  enacted,  tfc.,  That  so  much  of  the  fourth  section  of  an  act,  inti-  4th  Action  of  a 


them,  their  heirs  or  assigns,  be,  and  the  same  is  hereby  repealed.  And 
in  every  case  where  a  patent  has  issued,  in  conformity  with  the.  said 
fourth  section,  to  any  of  the  inhabitants  aforesaid,  their  heirs  or  assigns, 
the  conditions  aforesaid,  inserted  in  any  such  patent,  shall  be  consid- 
ered null  and  void ;  and  the  fee-simple  be  vested  to  all  intents  and  pur- 
poses, in  the  person  to  whom  such  patent  has  been  issued,  his  or  her 
heirs  or  assigns,  (a) 
(a)  See  Nos.  9, 13. 


38  OHIO. 

Feb.  28, 1806.      W o.  41.— AN  ACT  authorizing  the  sale  of  a  tract  of  land,  in  the  town  of  Cincinnati, 
Vol.  2,  p.  352.  aQd  State  of  Ohio. 

s         '     Be  it  enacted,  fc.,  That  for  the  disposal   of  a  certain  tract  or  lot  of 

the  Treasury  to  land,  belonging  to  the  United  States,  in  the  town  of  Cincinnati,  on  the 
cause  a  tract  of  Ohio,  being  the  same  on  which  Fort  Washington  was  erected,  the  Sec- 
land  to  be  sur-  retary  of  the  Treasury  shall  cause  the  said  tract  to  be  surveyed  and  laid 
Tort  Washfn^  off  into  town  lots'  8treets  and  avenues,  in  such  manner,  and  of  such  di- 
ton.andsold,  &c°  mensions  as  he  may  judge  proper,  conforming  as  near  as  may  be  to  the 
<fcc.'  '  original  plan  of  the  town  ;  when  the  survey,  is  completed,  a  plat  thereof 

shall  be  returned  to  the  surveyor-general,  on  which  the  lots  shall  be 
denominated  by  progressive  numbers,  who  shall  therefrom  cause  two 
copies  to  be  made,  one  to  be  transmitted  to  the  Secretary  of  the  Treas- 
ury, and  the  other  to  the  register  of  the  land  office  at  Cincinnati :  on 
the  receipt  of  which  plat,  the  Secretary  of  the  Treasury  shall  cause  the 
said  town  lots  to  be  offered  to  the  highest  bidder  at  public  sale,  to  be 
held  at  Cincinnati,  under  the  superintendence  of  the  register  and  re- 
ceiver of  the  land  office  in  the  district  of  Cincinnati,  on  the  same  terms 
and  conditions  as  have  been  provided  for  the  public  sale  of  the  public 
lands  of  the  United  States.  Six  weeks'  notice  shall  be  given  of  the 
day  of  sale,  in  at  least  two  newspapers  published  in  the  State  of 
Ohio,  (a) 

(«)  See  Xos.  11,  16,  21,  25,  29.  30,  32,  36.  39,  43,  44,  47,  48,  52,  56.  59,  65,  76,  79,  80,  81,  83,  84, 
85,  87,  88,  90,  99,  102, 108,  111.  113,  1'26, 130, 132,  133, 145,  155,  158, 175, 185. 


April  15,  1806.    No.  42.  -AX  ACT  to  authorize  the  Secretary  of  "War  to  issue  land  warrants ;  and  for 
Vol.  2,  p.  378.»  other  purposes. 


Secretary     of     Be  it  enacted,  <fc.,  That  the  Secretary  of  War  be  authorized  to  issue 
War   authorized  military  land  warrants,  to  such  persons  as  have  or  shall,  before  the  first 
to     issue     land  ^ay  of  March,  one  thousand  eight  hundred  and  eight,  produce  to  him 
satisfactory  evidence  of  the  validity  of  their  claims ;  which  warrants, 
with  those  heretofore  issued,  and  not  yet  satisfied,  shall,  and  may  be 
"Within     what  located  in  the  names  of  the  holders  or  proprietors  thereof,  at  any  time 
time  those  war-  prior  to  the  first  day  of  October,  one  thousand  eight  hundred  and  eight, 
rated  may  b6  l0" on  an-v  unlocated  parts  of  the  fifty  quarter  townships,  and  the  fractional 
quarter  townships,  reserved  by  law,,  for  original  holders  of  military  laud- 
warrants,  (a) 

Surveyor-gen-      ^EC.  2-  ^nd  &e  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur- 
eral  to  cause  sur-  veyor-general,  under  the  direction  of  the  Secretary  of  the  Treasury,  to 
veys  to  be  made  cause  to  be  surveyed  so  much  of  the  fifty  quarter  townships,  and  the 
of    the    quarter  fractional  quarter  townships  aforesaid,  as  have  been,  or  hereafter  may 
be  located  according  to  law,  in  conformity  with  the  locations  made  on 
the  plats  of  the  said  quarter  townships  :  Provided,  The  whole  expense  of 
surveying  the  same  shall  not  exceed  three  dollars  for  every  mile  actu- 
ally surveyed.  (&) 

(a)  See  Xos.  12, 15, 17, 18,  27,  32,  34,  38,  49, 50, 71, 128, 1 30, 131, 135, 139. 

(b)  See  Xos.  11, 18, 32, 38, 71, 130. 


April  15  1806     Wo<  43«— AX  ACT  to  suspend  the  sale  of  certain  lands  in  the  State  of  Ohio,  and  the 

Vol.  2,  p.  378. '  Indiana  Territory. 

Operation    oT     &e  **  enacted,  £c.,  That  the  operation  of  the  sixth  condition  of  the  fifth 

the  sixth  condi-  section  of  the  act,  intituled  "  An  act  to  amend  the  act,  intituled  An  act 

tion  of  the  5th  providing  for  the  sale  of  the  lands  of  the  United  States,  northwest  of 

section  in  a  for-  the  Ohio,  and  above  the  mouth  of  Kentucky  River,"  be,  and  the  same  is 

™ier£  hereby  suspended  until  the  first  day  of  October  next,  in  favour  of  such 

purchasers  of  lands  under  the  said  act,  who  shall  exhibit  satisfactory 

proof  to  the  register  and  receiver  of  public  monies  in  tha  respective  dis- 

In  favor  of  tricts  where  they  reside,  that  they  were  actual  settlers  on  the  laud  so 
actual  settlers,  purchased,  at  the  time  of  passing  this  act.  (a) 

(a)  See  Xos.  11, 16,  21, 25, 29,  30,  32,  36,  39,  41,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81,  83r  -4.  ?5, 
87,  88,  90,  99, 102, 108,  111,  113, 126,  130, 132, 133, 145, 155, 158,  175, 185. 


A  oril  21  1806     Wo.  44.— AX  ACT  respecting  the  claims  to  lands  in  the  Indiana  Territory,  and  State 
VoL2,p!395.'  of  Ohio. 

[See  INDIANA,  No.  199.] 


OHIO.  39 

No.  45.—  AN  ACT  to  extend  the  time  for  locating  Virginia  military  [land]  warrants,  March  2  1807 

for  returning  surveys  thereon  to  the  office  of  the  Secretary  of  the  Department  of  y0i  2  p  424  * 
"  r' 


"War,  and  appropriating  lands  for  the  use  of  schools,  in  the  Virginia  military  reser- 
vation,  in  lieu  of  those  heretofore  appropriated. 

Be  it  enacted,  $c.  ,  That  the  officers  and  soldiers  of  the  Virginia  line  on     A  further  time 
continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty  fi    ^  wnt?^' 
lands  within  the  tract  reserved  by  Virginia,  between  the  Little  Miami  p 
and  Scioto  rivers,  for  satisfying  the  legal  bounties  to  her  officers  and 
soldiers  upon  continental  establishment,  shall  be  allowed  a  further  time 
of  three  years,  from  the  twenty-third  of  March  next,  to  complete  their 
locations,  and  a  further  time  of  five  years  from  the  said  twenty-third  of 
March  next,  to  return  their  surveys  and  warrants,  or  certified  copies  of 
warrants,  to  the  office  of  the  Secretary  of  the  War  Department,  anything 
in  the  act  intituled  "An  act  to  ascertain  the  boundary  of  the  lands  re- 
served by  the  State  of  Virginia,  northwest  of  the  river  Ohio,  for  the 
satisfaction  of  her  officers  and  soldiers  on  continental  establishment,  and 
to  limit  the  period  for  locating  the  said  lands,"  to  the  contrary  notwith- 
standing :  Provided,  That  no  locations,  as  aforesaid,  within  the  above-     Proviso. 
mentioned  tract,  shall,  after  the  passing  of  this  act,  be  made  on  tracts  of 
land  for  which  patents  had  previously  been  issued,  or  which  had  been 
previously  surveyed,  and  any  patent  which  may  nevertheless  be  ob- 
tained for  land  located  contrary  to  the  provisions  of  this  section,  shall 
be  considered  as  null  and  void. 

SEC.  2.  And  le  it  further  enacted,  That  the  Secretary  of  the  Treasury     Secretary     of 
be,  and  he  is  hereby  authorized  to  obtain  copies  of  all  the  locations  the  Treasury  to 
and  surveys,  which  have  been,  or  may  be  made  within  the  above-men-  a^cf  connoted 
tioned  tract,  and  to  cause  to  be  run  or  surveyed,  as  many  straight  lines  plat  to  be  made. 
across  the  same,  as  he  may  deem  necessary,  not  exceeding  three  :  and 
from  these  and  such  other  documents  as  may  be  obtained,  to  cause  to 
be  made  a  general  connected  plat  of  all  the  lauds  located  and  surveyed 
within  the  same  j  a  copy  of  which  shall  be  deposited  in  the  War  De-     Copies  thereof  , 
partment,  and  another  copy  shall  be  laid  before  Congress,  together  with  tow  to  be  dis- 
an  estimate  of  the  surplus  which  may  remain,  after  satisfy  ing  the  boun-po 
ties  above  mentioned.    And  the  expenses  incurred  in  surveying  the    Expense,    how 
lines,  and  obtaining  the  copies  aforesaid,  and  in  preparing  the  general  defrayed. 
plat  above  mentioned,  shall  be  defrayed  out  of  the  monies  appropriated 
for  completing  the  surveys  of  the  public  lands  northwest  of  the  river 
Ohio,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  eighteen  quarter  townships    A  portion    of 
and  three  sections,  to  be  selected  by  the  Secretary  of  the  Treasury,  by  the      "  Virginia 
lot,  in  tiiat  tract  of  land  in  the  State  of  Ohio,  lately  purchased  from  the  ^^7  fserva; 
Indians,  and  lying  between  the  tract  commonly  called  the  United  States  ™nn  the  state  of 
military  tract,  and  the  tract  commonly  called  the  Connecticut  Reserve,  Ohio,  for  the  use 
be,  and  the  same  are  hereby  appropriated  for  the  use  of  schools,  in  that  of  schools. 
tract  of  land  in  the  State  aforesaid,  commonly  called  «'  the  Virginia  mil- 
itary reservation,"  and  be  vested  in  the  legislature  of  that  State,  in 
trust  for  the  use  aforesaid,  and  for  no  other  use,  intent,  or  purpose 
whatever  ;  which  said  eighteen  quarter  townships  and  three  sections, 
are  thus  appropriated,  and  vested  in  lieu  of  the  one-thirty-sixth  part  of 
the  tract  aforesaid,  called  the  "  Virginia  military  reservation,"  which  by    Limitation. 
a  former  act  had  been  appropriated  and  vested  as  aforesaid,  for  the  use 
of  schools  within  the  same  :  Provided  however,  That  no  quarter  town- 
ships, including  the  section  number  sixteen  of  such  township,  shall  be 
selected  as  aforesaid  for  the  purpose  above  mentioned.    And  provided 
also,  and  it  is  hereby  understood  and  declared,  that  the  said  eighteen 
quarter  townships  and  three  sections,  shall  be  appropriated  and  vested,  4 

for  the  purposes  aforesaid,  only  on  condition  that  the  legislature  of  the     Legislature  of 
State  of  Ohio  shall,  within  one  year  after  the  passing  of  this  act,  pass  a  Ohio    to    accept 


,  , 

law  accepting  the  said  eighteen  quarter  townships  and  three  sections,  of  S^^^of  the 
for  the  purposes  aforesaid,  in  lieu  of  the  thirty  -sixth  part  of  the  tract  Virginia  military 
commonly  called  "  the  Virginia  military  reservation,"  heretofore  appro-  reservation. 
priated  and  vested  by  law  for  the  use  of  schools  within  the  same  ;  and 
releasing  to  the  United  States,  all  their  claim,  right,  title,  and  interest, 
and  all  the  right,  title  and  interest  of  the  inhabitants  of  the  tract  of 
land  last  mentioned,  to  the  thirty-sixth  part  of  the  said  tract  heretofore 
appropriated  and  vested  by  law  for  the  use  of  schools  within  the  same. 
And  if  the  legislature  of  the  said  State  shall  not  pass  a  law  as  aforesaid, 
within  one  year  after  the  passing  of  this  act,  the  said  eighteen  quarter 
townships  and  three  sections  shall  not  be  considered  and  held  as  appro- 
priated and  vested  for  the  purposes  aforesaid,  but  shall  be  disposed  of 


40  OHIO. 

in  the  same  manner  as  is  or  may  be  provided,  by  law,  for  the  disposal 
of  other  public  lands  in  the  same  tract.  (6) 

(a)  SeeNos.  1, 8, 22, 27, 32, 35,  46,  51,  58,  64, 66. 82,  93, 98. 112, 119, 121, 128, 146, 154, 159, 166, 

172, 174, 177, 180,  183, 184, 187, 1'JO. 
(6)  See  Xos.  28, 31,  47,  76,  79,  85, 102, 109, 110, 136, 144, 150,  156, 158, 167, 168, 179. 

March  3,  1807.    No.  46.— AN  ACT  authorizing  patents  to  issue  for  lands  located  and  surveyed  by  vir- 
Vol.  2,  p.  437.  tue  of  certain  Virginia  resolution  warrants. 

Resolution     B&  it  enacted,  $-c.,  That  any  officer  or  soldier  of  the  Virginia  line,  on 
warrants  may  be  continental  establishment,  or  his  legal  representatives,  to  whom  a  land 
located      within  warrant  has  issued,  by  virtue  of  any  resolution  of  the  legislature  of 
Marches         Virginia,  as  a  bounty  for  services,  which  by  the  laws  of  Virginia,  passed 
prior  to  the  cession  of  the  Northwestern  Territory  to  the  United  States, 
entitled  such  officer  or  soldier  to  bounty  lands,  shall,  if  the  said  warrant 
has  been  or  shall  be  located  within  three  years  from  the  twenty -third  of 
March  next,  and  a  survey  thereof  has  been  or  shall  be,  within  five 
years  from  the  said  twenty-third  of  March  next,  returned  to  the  of- 
fice of  the  Secretary  of  War,  obtain  a  patent  for  the  same,  in  the  same 
manner,  and  on  the  same  conditions,  as  patents  are  obtained  for  lands 
Proviso,     that^oca^e<^  an<^  surveyed  on  other  warrants  of  the  officers  and  soldiers  of 
no  warrant  can  the  Virginia  line,  on  continental  establishment :  Provided,  That  no  pat- 
be  obtained  un-  ent  shall  be  obtained  on  such  resolution  warrant,  unless  there  is  pro- 
less  proof  to  the  juce^  to  ^}je  Secretary  of  War,  satisfactory  evidence  that  such  warrant 
the^Secretary  °of  was  granted  for  services  which,  by  the  laws  of  Virginia,  passed  prior 
War     that    the  to  the  cession  of  the  Northwestern  Territory,  would  have  entitled  such 
warrant  was  giv-  officer  or  soldier,  his  heirs  or  assigns,  to  bounty  lands,  and  also  a  cer- 
before1"  theses*  tificate  °?  the  register  of  the  land  office  of  Virginia,  that  no  other  war- 
8iong  "' '  rant  has  issued  from  the  said  land  office  for  the  same  services. 

Patents  not  to  SEC.  2.  And  be  it  further  enacted,  That  no  patent  shall  be  issued  by 
issue  for  a  great-  virtue  of  the  preceding  section,  for  a  greater  quantity  of  land,  than  the 
er  quantity  of  rank  or  term  of  service  of  the  officer  or  soldier,  to  whom  or  to  whose 
laws  of  Virginia  ^e8a^  representatives  such  resolution  warrant  has  been  granted,  would 
entitled  the^per-  have  entitled  him  to  under  the  aforesaid  laws  of  Virginia ;  and  when- 
soii  performing  ever  it  appears  to  the  Secretary  of  War,  that  the  survey  or  surveys, 
the  service  to.  made  by  virtue  of  any  resolution  warrant,  is  for  a  greater  quantity  of 
wUh*i*r  a°wbn  land  thau  the  officer  or  soldier  is  entitled  to  for  his  services,  the  Secre- 
where  locations  tary  of  War  shall  certify,  on  the  said  survey  or  surveys,  the  amount  of 
shall  have  been  such  surplus  quantity,  and  the  officer  or  soldier,  his  heirs  or  assigns, 
made  in  any  oth-  shall  have  leave  to  withdraw  his  survey  from  the  office  of  the  Secretary 
surve^'  to  be  of  War>  an(1  resurvey  his  location,  excluding  snch  surplus  quantity,  in 
made,  &c.  one  body,  from  any  part  of  his  resurvey,  and  a  patent  shall  issue  upon 

such  resurvey  as  in  other  cases,  (a) 

(a)  See  Xos.  1,  8,  22,  27,  32,  35,  45, 51, 58, 64,  66,  82,  93, 98, 112, 119, 121, 128, 146, 154, 159, 166, 
172, 174,  177, 180, 183, 184, 187, 190. 


March  3  1807.  ^°«  47.  —AX  ACT  making  provision  for  the  disposal  of  the  public  lands,  situated  be- 
Vol  2  p'  448  tween  the  United  States  military  tract  and  the  Connecticut  Reserve,  and  for  other 
'  L_  purposes. 


Land    of    the     Be  it  enacted,  $-c.,  That  for  the  disposal  of  the  lands  of  the  United 

United  States  to  states,  situated  between  the  United  States  military  tract  and  tjie  Con- 
necticut Reserve,  a  land  office  shall  be  established,  which  shall  be  kept 
at  such  place  as  the  President  of  the  United  States  may  direct :  and 
Offices     estab-  that  for  the  disposal  of  the  lands  of  the  United  States,  lying  on  the  Ohio 

lished.  River,  between  the  Cincinnati  and  Vincennes  districts,  a  land  office 

shall  be  established  at  Jeffersonville :  and  for  each  of  the  said  offices  a 
register  and  receiver  of  public  monies  shall  be  appointed,  who  shall 
give  security  in  the  same  manner,  in  the  same  sums,  and  whose  com- 
pensation, emoluments,  duties  and  authority,  shall,  in  every  respect,  be 
the  same,  in  relation  to  the  lands  which  shall  be  disposed  of  at  their 
offices,  as  are  or  may  be  provided  by  law,  in  relation  to  the  registers 
and  receivers  of  public  monies  in  the  several  offices  established  for  the 
disposal  of  the  lands  of  the  United  States,  north  of  the  river  Ohio,  and 
above  the  mouth  of  Kentucky  River. 
When  to  be  SEC.  2.  And  be  it  further  enacted,  That  all  the  lands  of  the  United 

sold.  States,  in  the  said  districts,  shall,  with  the  exception  of  the  section  num- 

ber sixteen,  (a)  and  with  the  exception  also  of  thirteen  sections,  in- 
Reservatio  ns  .eluding  the  lower  town  of  the  Delaware  tribe  of  Indians,  and  their  im- 

&c.  provements,  which  said  thirteen  sections  shall  be  designated  by  the 

Secretary  of  the  Treasury,  and  shall  be  reserved  for  the  use  of  the  said 
tribe  and  their  descendants,  so  long  as  they  continue  to  reside  thereon, 
and  cultivate  the  same,  be  offered  for  sale  to  the  highest  bidder,  under 


OHIO.  41 

the  direction  of  the  register  of  the  land  office,  and  of  the  receiver  of 

public  monies,  at  the  places,  respectively,  where  the  land  offices  are 

kept,  and  on  such  day  or  days  as  shall,  by  proclamation  of  the  Presi- 

dent of  the  United  States,  be  designated  for  that  purpose  :  the  sales    The  sales  to  re- 

shall  remain  open  at  each  place  for  six  weeks,  and  no  longer  :  the  lands  ™S?penforsix 

sh^ll  not  be  sold  for  less  than  two  dollars  an  acre,  and  shall  in  every 

other  respect,  be  sold  in  tracts  of  the  same  size,  and  on  the  same  terms 

and  conditions,  as  have  been,  or  may  be  by  law  provided  for  lands  sold 

north  of  the  river  Ohio,  and  above  the  mouth  of  the  Kentucky  River. 

All  the  lands  of  the  United  States,  in  the  said  districts,  with  the  ex- 

ceptions above  mentioned,  remaining  unsold  at  the  close  of  the  pub- 


lie  sales,  may  be  disposed  of  at  private  sale,  by  the  register  of  the  re-  two  dollars  per 

spective  land  offices,  in  the  same  manner,  under  the  same  regulations,  acre. 

for  the  same  price,  and  on  the  same  terms  and  conditions,  as  are  or  may 

be  provided  by  law  for  the  sale  of  the  lands  of  the  United  States  north 

of  the  river  Ohio,  and  above  the  mouth  of  the  Kentucky  River.    And 

patents  shall  be  obtained  for  all  lands  sold  in  said  districts,  in  the  same 

manner  and  on  the  same  terms  as  are  provided  by  law,  for  other  public 

lands  sold  in  the  State  of  Ohio  and  the  Indiana  Territory,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  the  several  superintendents  of    Compensation 
public  sales,  directed  by  this  act,  shall  receive  six  dollars  a  day  for  each  l^Kles 
day's  attendance  on  the  said  sales. 

SEC.  4.  And  be  it  further  enacted,  That  the  President  of  the  United    Registers    and 
States,  in  the  recess  of  Congress,  shall  have  full  power  to  appoint  and  J^ffiun^thl 
commission  the  registers  and  receivers  of  public  monies  of  the  landless  of  the  Sen  - 
offices  established  by  this  act,  and  their  commissions  shall  continue  in  ate. 
force  until  the  end  of  the  session  of  Congress  next  ensuing  such  ap- 
pointment. 

#•**••  4 

SEC.  6.  And  be  it  further  enacted,  That  George  Ash  shall  have  the  right     George  Ash  to 
of  pre-emption  to  six  hundred  and  forty  acres  of  land  including  his  havo  JJS£j*ht  of 
improvement  on  the  river  Ohio,  below  the  former  Indian  boundary  line  ;  p 
the  boundaries  of  the  tract  shall  be  designated  by  the  register  of  the 
land  office,  and  the  said  land  shall  be  granted  to  him  at  the  same  price, 
and  on  payment  being  made  in  the  same  manner  as  for  other  public 
land  sold  at  private  sale,  the  respective  instalments  of  the  purchase 
money  shall  become  due  at  the  same  time  with  the  payments  on  the 
first  public  lands  sold  in  that  district. 

(a)  See  Nos.  28,  31,  45,  76,  79,  85,  102,  109,  110,  136,  144,  150,  156,  158,  167,  168,  179. 
(&)  See  ISTos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  48,  52,  56,  59,  65,  76,  79,  80,  81,  83,84, 
85,  87,  88,  90,  99,  102,  108,  111,  113,  126.  130,  132,  133,  145,  155,  158,  175,  185. 


sectioi 
tobel 

public 


No.  48. — AN  ACT  making  further  provision  for  the  disposal  of  the  sections  of     Feb.  29,  1808. 
land  heretofore  reserved  for  the  future  disposition  of  Congress.  Vol.  2,  p.  470. 

Be  it  enacted,  $c.,  That  all  the  sections  of  land  heretofore  reserved  for  ~  j>eserved  Iand8 
the  future  disposition  of  Congress,  not  sold  or  otherwise  disposed  of,  jn  Ohio  with  cer- 
and  lying  within  either  of  the  districts  established  for  the  disposition  tain    exceptions, 
of  public  lands  in  the  State  of  Ohio,  with  the  exception  of  the  section to  be  offered  for 
numbered  sixteen  of  the  salt  springs  and  lands  reserved  for  the  use  of  sale> 
the  same,  shall  be  offered  for  sale  in  that  district,  within  which  such 
reserved  sections  may  respectively  lie,  on  the  same  terms,  and  under  the 
same  regulations,  as  other  lands  in  the  same  district :  Provided,  That  such     Such    sections 
tions  shall  previously  be  offered  to  the  highest  bidder,  at  public  sales,  to  be  previously 
belield  under  the  superintendence  of  the  registers  and  receivers  of  JS®. 
^ublic  monies  of  the  land  offices  respectively  to  which  they  are  attached, 
on  the  same  terms  as  have  been  provided  by  law  for  the  public  sales  of 
the  other  lands  of  the  United  States,  and  on  such  day  or  days  as  shall, 
by  a  proclamation  of  the  President  of  the  United  States,  be  designated 
for  that  purpose:  And  provided  also,  That  no  such  heretofore  reserved     NO      reserved 
section  shall  be  sold  either  at  public  or  private  sale,  at  a  less  price  than  sections^  to^be 
four  dollars  per  acre.(a)  four  * 

(a)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  52,  56,  59,  65,  76,  79,  80,  81,  acre. 
83,  84,  85,  87,  88,  90,  99,  102,  108.  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 

No.  49.— AN  ACT  extending  the  time  for  issuing  and  locating  military  land- war-     March  21, 1808. 

rants.  Vol.  2,  p.  477. 

Be  it  enacted,  #c.,  That  the  Secretary  of  War  be  authorized  to  issue  g  eta  ^ 
lilitary  land-warrants  to  such  persons  as  have,  or  shall,  before  the  first  ^ar  may  issue 
ly  of  March,  one  thousand  eight  hundred  and  ten,  produce  to  him  land  warrants  t0 
itisfactory  evidence  of  the  validity  of  their  claims ;  which  warrants, lat  March,  1810. 


42  OHIO. 

with  those  heretofore  issued  and  not  yet  satisfied,  shall  and  may  be  lo- 
cated in  the  names  of  the  holders  or  proprieteors  thereof,  prior  to  the 
first  day  of  Octoher,  one  thousand  eight  hundred  and  ten,  on  any  un- 
located  parts  of  the  fifty  quarter  townships  and  the  fractional  quarter 
townships,  reserved  by  law  for  original  holders  of  military  land- war- 
rants, (a) 

(a)  See  Nos.  12, 15, 17, 18, 27,  32,  34,  38,  42,  50,  60,  71, 128, 130,  131,  135,  139. 


Dec.  19,  1809.     No.  50.— AN  ACT  extending  the  time  for  issuing  and  locating  military  land-war- 
Vol.  2,  p.  555.  rants. 

Secretary  of  Be  it  fnacted  $c.,  That  the  Secretary  of  War  be  authorized  to  issue 
War  may  issue  military  land-warrants  to  such  persons  as  have  or  shall,  before  the  first 
certain  military  day  of  March,  one  thousand  eight  hundred  and  thirteen,  produce  to  him 
lan^vrarrante- ,  satisfactory  evidence  of  the  validity  of  their  claims;  which  warrants, 
located^  6  with  those  heretofore  issued  and  not  yet  satisfied,  shall,  and  may  be  lo- 

cated in  the  names  of  the  holders  or  proprietors  thereof,  prior  to  the 
first  day  of  October,  one  thousand  eight  hundred  and  thirteen,  on  any 
unlocated  parts  of  the  fifty  quarter  townships  and  the  fractional  quarter 
townships,  reserved  by  law  for  original  holders  of  military  land-war- 
rants, (a) 
(a)  See  Nos.  12, 15, 17, 18,  27,  32,  34,  38,  42,  49,  60,  71,  128,  130,  131,  135,139. 


Feb.  24,  1810.     No.  50a.— AX  ACT  further  to  provide  for  the  refugees  from  the  British  provinces 
Yol.  2,  p.  556.  of  Canada  and  Xova  Scotia,  and  for  other  purposes. 

Refugees  from     £e  if  enacte^  <$'c-3  That  all  persons  having  claims  under  the  resolutions 

Canada  and  No-  of  Congress,  passed  the  twenty-third  day  of  April,  one  thousand  seven 

va     Scotia,     to  hundred  and  eighty-three,  and  the  thirteenth  of  April,  one  thousand 

transmit      their  seven  hundred  and  eighty-five,  as  refugees  from  the  British  provinces  of 

the1  waroffice       Canada  and  Nova  Scotia,  shall  transmit  to  the  War  Office,  within  two 

years  after  the  passing  of  this  act,  a  just  and  true  account  of  their 

claims  to  the  bounty  of  Congress. 

Who  entitled  SEC.  2.  And  be  it  further  enacted,  That  no  other  person  shall  be  entitled 
!2 ^™J*>nefits  of  to  the  benefits  of  the  provisions  of  this  act,  than  those  of  the  following 
is  of  Descriptions,  or  their  widows  and  heirs,  viz  :  First,  those  heads  of  fam- 
ilies and  single  persons,  not  members  of  any  such  families,  who  were 
residents  in  one  of  the  provinces  aforesaid,  prior  to  the  fourth  day  of 
July,  one  thousand  seven  hundred  and  seventy-six,  and  who  abandoned 
their  settlements,  in  consequence  of  having  given  aid  to  the  United  Col- 
onies or  States,  in  the  revolutionary  war,  against  Great  Britain,' or  with 
intention  to  give  such  aid,  and  continued  in  the  United  States,  or  in 
their  service  during  the  said  war,  and  did  not  return  to  reside  in  the 
dominions  of  the  king  of  Great  Britain,  prior  to  the  twenty-fifth  day  of 
November,  one  thousand  seven  hundred  and  eighty- three.  Secondly, 
the  widows  and  heirs  of  all  such  persons  as  were  actually  residents  as 
aforesaid,  who  abandoned  their  settlements  as  aforesaid,  and  died  within 
the  United  States,  or  in  their  service  during  the  said  war ;  and  thirdly, 
all  persons  who  were  members  of  families  at  the  time  of  their  coming 
into  the  United  States,  and  who  during  the  war  entered  into  their 
service. 

Proofs,   before     SEC.  3.  And  be  it  further  enacted,  That  the  proof  of  the  several  cir- 

•rc-hom  to  be  tak-  cumstances  necessary  to  entitle  the  applicants  to  the  benefits  of  this 

en-  act,  may  be  taken  before  a  judge  of  the  Supreme  or  district  court  of  the 

United  States,  or  a  j  udge  of  the  supreme  or  superior  court,  or  the  first 

justice  or  first  judge  of  the  court  of  common  pleas,  or  county  court  of 

any  State. 

Secretary  of  SEC.  4.  And  be  it  further  enacted,  That  at  the  expiration  of  fifteen 
War  to  lay  the  months  from  and  after  the  passing  of  this  act,  and  from  time  to  time 
evidence  of  thereaf ter,  it  shall  be  the  duty  of  the  Secretary  for  the  Department  of 
Secretary  a  n !d  War,  to  lay  such  evidence  of  claims  as  he  may  have  received,  before  the 
Comptroller  of  Secretary  and  Comptroller  of  the  Treasury,  and  with  them  proceed  to 
the Treasury.and  examine  the  testimony,  and  give  their  judgment,  what  quantity  of  land 
with  them^to  de-  OUgU£  ^o  be  allowed  to  the  individual  claimants,  in  proportion  to  the 
measure  of  relief,  degree  of  their  respective  services,  sacrifices  and  sufferings,  in  conse- 


quence  of  their  attachment  to  the  cause  of  the  United  States;  allowing 
to  those  of  the  first  class  a  quantity  not  exceeding  one  thousand  acres, 
and  to  the  last  class  a  quantity  not  exceeding  one  hundred,  making  such 
intermediate  classes,  as  the  resolutions  aforesaid  and  distributive  justice 
may,  in  their  judgment  require,  and  make  report  thereof  to  Congress. 


OHIO. 


43 


And  in  case  any  such  claimant  shall  have  sustained  such  losses  and     in  what  cases 
ifferings,  or  performed  such  services  for  the  United  States,  that  he  can-  separate  report* 
not  justly  be  classed  in  any  one  general  class,  a  separate  report  shall  be  are  1 

ade  of  his  circumstances,  together  with  the  quantity  of  land  that 
_ght  to  be  allowed  him,  having  reference  to  the  foregoing  ratio: 
Provided,  That  in  considering  what  compensation  ought  to  be  made  by  Proviso. 
virtue  of  this  act,  all  grants,  except  military  grants,  which  may  have 
been  made  by  the  United  States  or  individual  States,  shall  be  considered 
it  the  just  value  thereof,  at  the  time  the  same  were  made  respectively, 
either  in  whole  or  in  part,  as  the  case  may  be,  a  satisfaction  to  those 
jvho  may  have  received  the  same:  Provided  also,  That  no  claim  under 
this  law  shall  be  assignable,  until  after  report  made  to  Congress  as 
aforesaid,  and  until  the  said  lands  be  granted  to  the  persons  entitled  to 
the  benefit  of  this  act. 

SEC.  5.  And  le  it  further  enacted,  That  all  claims  in  virtue  of  said 
resolutions  of  Congress,  which  shall  not  be  exhibited  as  aforesaid, 
within  the  time  by  this  act  limited,  shall  for  ever  thereafter  be  barred  : 
Provided,  That  no  patent  shall  be  issued  to  any  person  who  may  hereafter 
establish  his  claim  under  the  said  act,  until  he  produce  satisfactory 
evidence  to  the  Secretary  of  the  Treasury,  that  he  is  at  the  time  then 
being,  a  resident  within  the  United  States,  (a) 

(a)  See  Nos.  23,  33,  33a,  55,  80. 


Proviso. 


Claims    to  b» 
otb 


Proviso. 


No.  51.— AN  ACT  to  extend  the  time  for  locating  Virginia  military  land- warrants.      March  16, 1810. 
and  for  returning  the  surveys  thereon  to  the  Secretary  of  the  Department  of  "War.     Vol.  2,  p.  589. 

Be  it  enacted,  #c.,  That  the  officers  and  soldiers  of  the  Virginia  line     rive  years  al- 
on  continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty  lowed  to  obtain 
lands  within  the  tract  reserved  by  Virginia,  between  the  Little  Miami  warrants  and 
and  Sciota  rivers,  for  satisfying  the  .legal  bounties  to  her  officers  and  tions,  and  seven 
soldiers  upon  continental  establishment,  shall  be  allowed  a  further  term  years'  to  return 
of  five  years,  from  and  after  the  passage  of  this  act,  to  obtain  war-  the  surveys. 
rants  and  complete  their  locations,  and  a  further  term  of  seven  years, 
from  and  after  the  passage  of  this  act  as  aforesaid,  to  return  their  sur- 
veys and  warrants,  or  certified  copies  of  warrants  to  the  office  of  the 
Secretary  of  the  War  Department,  anything  in  any  former  act  to  the 
contrary  notwithstanding :   Provided,  That  no  locations  as  aforesaid, 
within  the  above-mentioned  tract,  shall,  after  the  passing  of  this  act, 
be  made  on  tracts  of  land  for  which  patents  had  previously  been  issued,  or 
which  had  been  previously  surveyed  ;  and  any  patent  which  may  nev- 
ertheless be  obtained  for  land  located  contrary  to  the  provisions  of  this 
section,  shall  be  considered  as  null  and  void,  (a) 

(a)  See  Nos.  1,  8, 22, 27, 32, 35,  45,  46, 58,  64, 66, 82, 93,  98, 112, 119, 121, 128, 146, 154, 159, 166, 
172, 174,  177, 180, 163,  184, 187, 190. 


No.  52.—  AN  ACT  providing  for  the  removal  of  the  land  office  established  at  Nash- 
yille.inthe  State  of  Tennessee,  and  Canton  in  the  State  of  Ohio;  and  to  author- 
ize  the  register  and  receiver  of  public  monies  to  superintend  the  public  sales  of 
land  in  the  district  east  of  Pearl  River. 

[See  MISSISSIPPI,  No.  1279.] 


^eb  05  ign 
Vol's  i>  649* 
' 


No.  53. —AN  ACT  to  authorize  the  surveying  and  marking  of  certain  roads,  in  the  Dec.  12,  1811. 
State  of  Ohio,  as  contemplated  by  the  treaty  of  Brownstown  in  the  Territory  of  Vol.  2  p.  668. 
Michigan.  

Be  it  enacted,  $c.,  That  the  President  of  the  United  States  be,  and  Road  from  the 
hereby  is  authorized  to  appoint  three  commissioners,  who  shall  explore,  rapids  of  the 
survey  and  mark,  by  the  most  eligible  course,  a  road  from  the  foot  of  £v®£  Erie"  to 
the  rapids  of  the  river  Miami  of  Lake  Erie,  to  the  western  line  of  the  western  line  of 
Connecticut  reserve,  and  a  road  to  run  southwardly  from  Lower  San-  Connecticut  re- 
dusky  to  the  boundary  line  established  by  the  treaty  of  Greenville,  serve. 
which  said  road  shall  be  sixty  feet  in  width ;  and  the  said  commissioners  Commissioners' 
shall  make  out  accurate  plats  of  such  surveys,  accompanied  with  field-  report  to  be  made 
notes,  and  certify  and  transmit  the  same  to  the  President  of  the  United  to  the  President. 
States,  who,  if  he  approves  of  said  surveys,  shall  cause  the  plats  thereof 
to  be  deposited  in  the  office  of  the  Treasury  of  the  United  States  ;  and 


44 


OHIO. 


the  said  roads  shall  be  considered  as  established  and  accepted,  pursuant 

to  the  treaty  held  at  Brownstown,  in  the  Territory  of  Michigan,  on  the 

twenty-fifth  day  of  November,  one  thousand  eight  hundred  and  eight. 

Roads    to    be     SEC.  2.  And  le  it  further  enacted,  That  the  aforesaid  roads  shall  be 

opened  and  made  opened  and  ma(ie  under  the  direction  of  the  President  of  the  United 

Snrf  the  &  States,  in  such  manner  as  he  shall  direct. 

dent.  SEC.  3.  And  be  it  further  enacted,  That  the  said  commissioners  shall 

Compensation  each  be  entitled  to  receive  three  dollars,  and  their  necessary  assistants 
as-  one  Collar  an(j  fifty  cents,  for  each  and  every  day  which  they  shall  be 
"necessarily  employed  in  the  exploring,  surveying  and  marking  said 
roads  ;  and  for  the  purpose  of  compensating  the  aforesaid  commissioners 
and  their  assistants,  and  for  opening  and  making  said  roads,  there  shall 
be  and  hereby  is  appropriated  the  sum  of  six  thousand  dollars,  to  be 
paid  out  of  any  monies  in  the  Treasury  not  otherwise  appropriated,  (a) 

(a)  See  Xos.  72,  97,  147,  16& 


of  the 
Sstants. 


April  8,  1812. 
Vol.  6,  p.  106. 


No.  54.— AN  ACT  for  the  relief  of  Thomas  Orr. 
Be  it  enacted,  #c.,  That  Thomas  Orr  be,  and  he  is  hereby  confirmed 


Confirmation  of  in  the  purchase  of  the  southeast  quarter  of  section  number  eleven, 
land  purchase,  township  seven,  and  range  two  in  the  Steubenville  district,  at  the  rate 
of  eight  dollars  per  acre,  and  thai  the  sum  of  three  hundred  and  twenty 
dollars  paid  by  the  said  Thomas  Orr  on  account  of  the  purchase  money 
of  the  said  quarter-section  on  the  fourteenth  day  of  January,  one  thou- 
sand eight  hundred  and  six,  shall  by  the  register  and  receiVer  of  pub- 
lic moneys  of  the  land  office  for  the  district  aforesaid  be  placed  to  his 
credit,  and  be  considered  the  first  instalment  of  the  purchase  money 
due  on  said  quarter-section ;  and  that  the  further  sum  of  one  hundred 
and  fifty-eight  dollars  and  eighty-five  cents  paid  by  Martin  Andrews  on 
the  fourth  day  of  May,  one  thousand  eight  hundred  and  eleven,  on  ac- 
count of  the  purchase  money  of  said  quarter-section,  shall,  by  the  reg- 
ister and  receiver  aforesaid,  be  placed  to  the  credit  of  the  said  Thomas 
Orr,  and  be  considered  as  part  of  the  second  instalment,  which  shall 
become  due  and  payable  on  account  of  the  purchase  money  of  the  said 
quarter-section,  on  the  fourth  day  of  May,  one  thousand  eight  hundred 
and  thirteen ;  and  if  the  said  Thomas  Orr  shall  pay  the  balance  of  the 
said  second  instalment  on  the  said  fourth  day  of  May,  one  thousand 
eight  hundred  and  thirteen,  and  the  balance  of  the  purchase  money 
lue  on  said  quarter-section,  in  two  equal  annual  instalments,  in  the 
same  manner  as  is  provided  by  law  for  the  purchasers  of  public  lands, 
the  said  Thomas  Orr,  his  heirs  or  assigns,  shall  be  entitled  to  a  patent 
for  the  said  quarter-section. 


April  23,  1812.    No.  55.— A>f  ACT  making  provision  for  certain  persons  claiming  lands  under  the 
Vol.  2,  p.  712.         several  acts  for  the  relief  of  the  refugees  from  the  British  provinces  of  Canada  and 
Xova  Scotia. 

Specific  grants      ge  a  enacted,  #c.,  That  the  following  persons,  claiming  lands  under 
sons81"0  "F  tne  act'  entituled  "An  act  to  revive  and  continue  in  force  an  act,  enti- 

tuled  An  act  for  the  relief  of  the  refugees  from  the  British  provinces  of 
Canada  and  Nova  Scotia,"  passed  on  the  sixteenth  day  of  March,  one 
thousand  eight  hundred  and  four,  shall,  respectively,  be  entitled  to  the 
following  quantities  of  land,  that  is  to  say :  Charlotte  Hazen,  widow 
of  Moses  Hazen ;  Chloe  Shannon,  wife  of  James  Noble  Shannon  and 
relict  of  Obadiah  Ayer,  deceased ;  the  heirs  of  Elijah  Ayer  and  the  heirs 
of  Israel  Euland,  respectively,  nine  hundred  and  sixty  acres;  Elijah 
Ayer,  jun.  and  the  heirs  of  Anthony  Burk,  respectively,  three  hundred 
and  twenty  acres:  And  that  the  following  persons,  claiming  lands  un- 
der the  act,  entituled  "An  act  further  to  provide  for  the  refugees  from 
the  British  provinces  of  Canada  and  Nova  Scotia,  and  for  other  pur- 
poses," passed  on  the  twenty-fourth  day  of  February,  one  thousand 
eight  hundred  and  ten,  shall,  respectively,  be  entitled  to  the  following 
quantities  of  land,  that  is  to  say :  the  heirs  of  James  Boyd,  two  thou- 
sand two  hundred  and  forty  acres ;  the  heirs  of  Nathaniel  Reynolds, 
the  heirs  of  Edward  Antilland  Joshua  Sprague,  respectively,  nine  hun- 
dred and  sixty  acres ;  Robert  Sharp,  John  Fulton  and  John  Morrison, 
each,  six  hundred  and  forty  acres  ;  James  Sprague,  David  Dickey,  John 
Taylor,  and  the  heirs  of  Gilberts  Seamans,  deceased,  respectively,  three 


OHIO.  45 

hundred  and  twenty  acres :  which  several  tracts  of  land  shall  be  located     Reservations, 
within  the  boundaries  of'  the  fractional  townships,  reserved  and  set 
apart  for  the  purpose  of  satisfying  the  claims  of  the  refugees  from 
Canada  and  Nova  Scotia ;  and  the  locations  shall  be  made,  and  patents 
granted,  in  the  manner  and  on  the  conditions  prescribed  by  former  laws, 
except  as  to  the  time  for  making  the  locations ;  which  locations  shall 
be  made  on  the  day  or  days  that  the  Secretary  of  the  Treasury  shall 
judge  most  convenient  for  the  claimants,  and  shall  designate  for  the 
purpose,  (a) 
(a)  See  Nos.  23,  33,  33a,  50a,  80. 


No.  56.— AN  ACT  giving  further  time  to  the  purchasers  of  public  lands,  northwest     April  23,  1812. 
of  the  river  Ohio,  to  complete  their  payments.  Vol.  2,  p.  712. 

Beit  enacted,  $-0.,  That  every  person,  who,  prior  to  the  first  day  of    Purchasers 
April,  one  thousand  eight  hundred  and  eight,  had  purchased  any  tract  prior  to  1st  April, 
or  tracts  of  land  of  the  United  States,  not  exceeding  in  the  whole  six1808* 
hundred  and  forty  acres,  at  any  of  the  land  offices  established  for  the 
disposal  of  the  public  lands  northwest   of  the  river  Ohio,  and  whose 
lands  have  not  already  been  actually  sold  or  reverted  to  the  United 
States  for  non-payment  of  part  of  the  purchase  money,  shall  be  allowed     Allowed  three 
the  further  term  of  three  years  from  the  first  day  of  January,  one  thou- 
sand  eight  hundred  and  thirteen,  for  the  payment  of  the  residue  of  the 
principal  and  interest  due  on  account  of  such  purchase,  to  be  paid  in 
four  equal  annual  payments,  the  first  whereof  to  be  on  the  said  first 
day  of  January,  one  thousand  eight  hundred  and  thirteen;  and  in    Land  to  be  sold 
case  of  failure  in  paying  any  of  the  said  annual  payments  at  the  time  on  failure  to  pay . 
when  the  same  shall  become  due,  the  tract  of  land  shall  be  forthwith 
advertised  and  offered  for  sale  in  the  manner  and  on  the  terms  and  con- 
ditions heretofore  prescribed  for  the  sale  of  lands  purchased  of  the 
United  States,  and  not  paid  for  within  the  limited  time,  (a) 

(a)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  59,  65, 76,  79, 80,  81,  83, 
84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 


No.  57.— AN  ACT  to  authorize  the  President  of  the  "United  States  to  ascertain  and     May  20, 1812. 
designate  certain  boundaries.  Vol.  2,  p.  741. 

Be  it  enacted,  #c.,  That  the  surveyor-general,  under  the  direction  of    pr68ident ^ 
the  President  of  the  United  States,  be,  and  he  is  hereby  authorized  and  cause    the    sur- 
required  (as  soon  as  the  consent  of  the  Indians  can  be  obtained,)  to  veyor-general  to 
cause  to  be  surveyed,  marked  and  designated,  so  much  of  the  western  designate     the 
and  northern  boundaries  of  the  State  of  Ohio,  which  have  not  already  Northern  Ubound 
been'  ascertained,  as  divides  said  State  from  the  Territories  of  Indiana  aries    of    Ohio, 
and  Michigan,  agreeably  to  the  boundaries  as  established  by  the  act,  &c. 
entituled  "An  act  to  enable  the  people  of  the  eastern  division  of  the  ter- 
ritory northwest  of  the  river  Ohio  to  form  a  constitution  and  State  gov- 
ernment, and  for  the  admission  of  such  State  into  the  Union  on  an 
equal  footing  with  the  original  States,  and  for  other  purposes,"  passed 
April  thirtieth,  one  thousand  eight  hundred  and  two ;  and  to  cause  to     ^  Plat  to  be 
be  made  a  plat  or  plan  of  so  much  of  the  boundary  line  as  runs  from  SJmdary  which 
the  southerly  extreme  of  Lake  Michigan  to  Lake  Erie,  particularly  runs    southeast- 
noting  the  place  where  the  said  line  intersects  the  margin  of  said  lake,  erly    of     Lake 
and  to  return  the  same  when  made  to  Congress :  Provided,  That  the  Michigan, 
whole  expense  of  surveying  and  marking  the  said  boundary  lines  shall  e)j  ^,ens 
not  exceed  five  dollars  for  every  mile  that  shall  be  actually  surveyed 
and  marked,  which  shall  be  paid  out  of  the  monies  appropriated  for 
defraying  the  expense  of  surveying  the  public  lands,  (a) 

(a)  See  Nos.  28, 141, 142. 

No.  58.— AN"  ACT  to  ascertain  the  western  boundary  of  the  tract  reserved  for  satis-.  June  26,  1812. 
fying  the  military  bounties  allowed  to  the  officers  and  soldiers  of  the  Virginia  line*  Vol.  2,  p.  764. 
on  continental  establishment.  


President    o  f 


Be  it  enacted,  4-0.,  That  the  President  of  the  United  States  shall  be, 
and  he  is  hereby  authorized  by  and  with  the  advice  and  consent  of  the  fta 
Senate,  to  appoint  three  commissioners  on  the  part  of  the  United  States,  Virginia   to  ap- 
to  act  with  such  commissioners  as  may  be  appointed  by  the  State  of  pofnt   commis- 
Virginia,  and  the  commissioners  thu&  appointed  shall  have  full  pawer  sioners,  &c. 


46  OHIO. 

and  authority  to  ascertain,  survey  and  mark,  according  to  the  true  in- 
tent and  meaning  of  the  condition,  touching  the  military  reservation,  in 
the  deed  of  cession  from  the  State  of  Virginia  to  the  United  States,  of 
the  land  northwest  of  the  river  Ohio,  the  westwardly  boundary  line  of 
said  reservation  between  the  Little  Miami  and  Scioto  rivers. 

Commissioners      SEC.  2.  And  le  it  farther  enacted.  That  the  commissioners  appointed  by 
>et  at  Xema.  the  United  states  shall  meet  at  Xenia  in  the  State  of  Ohio,  on  the  fifth 
day  of  October  next,  for  the  purpose  of  ascertaining  the  said  line,  unless 
otherwise  directed  by  the  President  of  the  United  States  ;  and  in  case 
they  shall  not  be  met  by  commissioners  appointed  on  the  part  of  the 
State  of  Virginia,  within  six  days  after  the  said  fifth  day  of  October 
Duty  of  com-  next,  the  commissioners  appointed  on  the  part  of  the  United  States 
shall  proceed  to  ascertain,  survey  and  distinctly  mark  the  said  bound- 
ary line,  according  to  the  true  intent  and  meaning  of  the  said  act  of 
cession ;  in  measuring  the  said  line,  whether  accompanied  by  the  com- 
missioners on  the  part  of  Virginia  or  not,  or  in  case  of  disagreement, 
they  shall  note  the  intersections,  if  any,  of  said  line  with  any  surveys 
heretofore  authorized  by  the  United  States,  all  water-conrses/the  qual- 
ity of  the  land  over  which  the  line  passes  and  any  other  matter  which 
A  plat  to  be  in  their  opinion  requires  notice.    The  said  commissioners  shall  make  a 
made     and     re-  plat  of  said  line,  its  intersections,  with  notes  and  references,  which  shall 
Commissioner  be  signed  and  returned  by  the  said  commissioners  to  the  Commissioner 
of   the   General  °f  the  General  Land  Office,  accompanied  by  a  written  report,  on  or  be- 
Land  Office.        fore  the  fifth  day  of  January  next,  unless  the  time  of  meeting  shall 
have  been  prolonged  by  the  President  of  the  United  States,  who  shall 
lay  copies  of  the  same  before  both  houses  of  Congress  at  their  next  ses- 
sion. 

Surveyor,  &c.,      SEC.  3.  And  le  it  further  enacted,  That  the  commissioners  aforesaid 
engaged.     8naji  nave  pOwer  to  engage  a  skilful  surveyor,  who  shall  employ  chain- 
carriers  and  a  marker,  and  shall  be  allowed  four  dollars  for  every  mile 
actually  surveyed  and  marked  under  direction  of  the  said  commission- 
ers, in  performance  of  the  duties  assigned  them ;  and  the  commissioners 
Pay  of  the  com-  appointed  on  the  part  of  the  United  States  shall  each  receive  five  dol- 
lars for  each  day  he  shall  be  necessarily  employed  in  performance  of 
the  duties  required  of  them  by  this  act,  which  com  pensation  to  the  sur- 
veyor and  commissioners  shall  be  paid  out  of  any  monies  in  the  Treas- 
ury not  otherwise  appropriated  by  law. 

Temporary  SEC.  4.  And  be  it  further  enacted,  That  nntil  the  westwardly  boundary 
boundary  line.  iine  of  the  said  reservation  shall  be  finally  establis  hed  by  the  agreement 
and  consent  of  the  United  States  and  the  State  of  Virginia,  the  bound- 
ary line  designated  by  an  act  of  Congress  passed  on  the  23d  day  of 
March,  one  thousand  eight  hundred  and  four,  shall  be  considered  and 
held  as  the  proper  boundary  line  of  the  aforesaid  reservation. 

A  copy  of  this     SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
mUted  b  tortile  retarF  of  S.ta^e  to  transmit  an  authenticated  copy  of  this  act  to  the  gov- 
governor  of  Vir-  ernor  of  Virginia  within  twenty  days  after  its  passage,  (a) 
ginia.  (a)  See  Nos.  1,  8,  22.  27,  32.  35,  45,  46.  51,  64,  66,  82,  93,  98,  112,  119,  121,  128,  146,  154, 

159, 166,  172,  174,  177,  180,  183,  184,  187,  190. 


July  6, 1812.       No.  59.— AX  ACT  supplementary  to  the  act  entitled  "An  fact]  giving  further  time 
Vol.  2,  p.  7e-2.         to  purchasers  of  public  lands  northwest  of  the  river  Ohio,  to  complete  their  pay- 


ments.v 


Provisions  of  Be  it  enacted,  fc.,  That  the  provisions  of  the  act  to  which  this  act  is 
thfslfa^supple  a  snPPlement  shall  be,  and  they  are  hereby  extended  to  the  several 
ment  extended  purchasers  of  the  fractional  sections,  which  were  by  the  direction  of 
to  purchasers  of  the  Secretary  of  the  Treasury,  classed  together  for  sale,  according  to 
certain  f  rac-  the  ninth  section  of  an  act,  entitled  "An  act  making  provision  for  the 
Si5?OTt  ™erla'  disP°8al  of  the  public  lands  in  the  Indiana  Territory,  and  for  other 
tion.  purposes,''  passed  on  the  twentieth  of  March,  one  thousand  eight  hun- 

dred and  four,  notwithstanding  the  quantity  of  land  contained  in  any 
one  tract,  composed  of  such  fractional  sections,  so  classed  together,  and 
purchased  by  a  single  contract,  shall  exceed  six  hundred  and  forty 
acres. 

Assignee  or  as-  SEC.  2.  And  le  it  further  enacted,  That  the  assignee  or  assignees  of  any 
nal^ur  ?f  °tig\-  original  purchaser  of  land  from  the  United  States,  the  lands  being  pur- 
land  U from^the  c)iase(i  prior  to  the  first  day  of  April,  one  thousand  eight  hundred  and 
United  States  en-  eight,  shall  be  entitled  to  the  benefit  of  the  provisions  of  the  act,  to 
titled  to  the  ben-  which  this  act  is  a  supplement,  and  the  last  preceding  section,  in  every 
fits  of  this  act.  ca8e  wnere  it  shall  appear  to  the  satisfaction  of  the  register  and  receiver 
of  public  monies  of  the  district  wfthin  which  the  land  may  lie,  that  the 


OHIO.  47 

assignment  by  which  he  or  they  so  claim  was  bona  fide  made  prior  to 
the  passing  of  the  aforesaid  act,  that  the  whole  lands  claimed  by  virtue  of 
such  assignment  does  not  exceed  six  hundred  and  forty  acres,  unless  it 
comes  within  the  provision  of  the  preceding  section,  and  that  the  lands 
or  some  one  tract  thereof  is  inhabited  and  cultivated  by  or  for  the  use 
of  the  assignee  or  assignees. 

SEC.  3.  And  be  it  further  enacted,  That  in  every  case  where  any  tract     Original     pur- 
or  tracts  of  land  purchased  prior  to  the  first  day  of  April,  one  thousand  chasers  or  their 
eight  hundred  and  eight,  not  exceeding  six  hundred  and  forty  acres,  in  fertain  cases 
unless  such  tract  shall  come  within  the  provision  of  the  first  section  of  where    their 
this  act,  has  since  the  first  day  of  April  last,  reverted,  or  that  may  be-  lands    have    re- 
fore  the  first  day  of  August  next,  revert  to  the  United  States,  for  S*fgS  states?^ 
default  of  payment  :  the  person  or  persons  claiming  such  tract  or  tracts,  enter  upon    the 
whether  as  an  assignee  or  an  original  purchaser,  may  again  re-enter  the  same. 
same  :  and  all  monies  which  such  assignee  or  original  purchaser  may 
have  paid  shall  be  replaced  to  his  credit,  by  the  register  and  receiver  of 
public  monies  of  the  district  in  which  the  lands  may  lie,  and  such  repur- 
chaser  or  repurchasers  shall  be  allowed  the  same  benefit  of  the  exten- 
sion of  the  time  of  payment,  provided  by  the  act  to  which  this  is  a 
supplement,  as  though  no  such  reversion  had  occ  urred  ;  provided  such 
assignee  or  assignees,  original  purchaser  or  purchasers  shall  make  to 
the  proper  land  officer  application  for  such  re-entry  on  or  before  the 
first  day  of  September  next,  and  that  the  lauds  so  re-entered  shall  not 
have  been  resold  previous  to  such  application,  (a) 


la)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  65,  76,  79,  80,  81,  83, 
84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 


o.  60.— AN  ACT  further  extending  the  time  for  issuing  and  locating  military  laud     July  5,  1813. 

warrants.  Vol.  3,  p.  3. 

Be  it  enacted,  fc.,  That  the  Secretary  of  War  be  authorized  to  issue    r    .  .       .,.. 
military  land- warrants  to  such  persons  as  have  or  shall,  before  the  first  ry  warrants  may 
day  of  March,  one  thousand  eight  hundred  and  sixteen,  produce  to  him  be  issued  by  the 
satisfactory  evidence  of  the  validity  of  their  claims ;  which  warrants,  Secretaryof  War. 
with  those  heretofore  issued  and  not  yet  satisfied,  shall  and  may  be  lo- 
cated in  the  name  of  the  holders  or  proprietors  thereof,  prior  to  the  first 
day  of  October,  one  thousand  eight  hundred  and  sixteen,  on  any  unlo- 
cated  parts  of  the  fifty  quarter  townships,  and  the  fractional  quarter 
townships  reserved  by  law  for  original  holders  of  military  land-warrants. 
And  patents  shall  be  granted  for  the  land  located  under  this  act,  in  the 
same  manner  as  is  directed  by  former  acts  for  granting  military  lands.(a) 

(a)  See  Nos.  12, 15, 17, 18,  27,  32,  34,  38,  42,  49,  50,  71, 128, 130, 131, 135, 139. 


No.  61.— AN  ACT  for  the  relief  of  John  James  Dufour  and  his  associates.  Aug.  2,  1813. 

Be  it  enacted,  #c.,  That  the  further  time  of  five  years  be,  and  the  same    ^ofe,  p.  126, 
hereby  is  allowed  to  John  James  Dufour  and  his  associates,  to  pay  the     Five  years  ai. 
money  due  the  United  States  for  a  tract  of  land  appropriated  by  virtue  lowed     to    pay 
of  an  act  of  Congress,  entitled  "An  act  to  empower  John  James  Dufour  money  due  for  a 
and  his  associates  to  purchase  certain  lands,"  approved  the  first  day  of tract  of  lan<L 
May,  one  thousand  eight  hundred  and  two,  on  the  same  terms,  condi- 
tions, and  limitations  specified  in  the  above  recited  act.  (a) 

(a)  See  No.  09. 

No.  62.— AN  ACT  for  the  relief  of  James  Crawford.  March  9,  1814. 

Be  it  enacted,  $c.,  That  James  Crawford  be,  and  he  is  hereby  confirmed    VoL6.P-128- 
in  the  purchase  of  the  west  half  of  section  number  twenty-nine,  in  town-     Land  purchase 
ship  number  seven,  of  range  number  two,  in  the  district  of  lands  offered  confirmed, 
for  sale  at  Steubenville :  Provided,  That  the  said  James  Crawford  shall 
complete  the  payment  of  the  purchase  money  for  the  land  contained  in 
the  southwest  quarter  of  the  aforesaid  section,  at  the  price  per  acre,  and 
on  the  terms  and  conditions  specified  in  the  certificate  of  the  register  of 
the  land  office,  for  the  west  half  of  the  said  section,  bearing  date  April 
fourth,  one  thousand  eight  hundred  and  eleven ;  and  shall  also  complete 
the  payment  for  the  northwest  quarter  of  said  section,  at  the  price  of 
eight  dollars  an  acre.    The  instalments  of  the  purchase  money  for  the 

id  northwest  quarter  shall  be  considered  as  due  and  becoming  due  on 


48 


OHIO. 


the  respective  days  specified  for  making  payment  in  the  aforesaid  cer- 
tificate of  the  register ;  and  the  sum  of  three  hundred  and  twenty  dol- 
lars, paid  on  account  of  the  purchase  money  of  the  said  northwest 
quarter,  and  which  became  forfeited  by  non-payment  of  part  of  the  pur- 
chase money,  shall,  by  the  register  and  receiver  of  public  moneys  for 
the  said  district,  be  placed  to  the  credit  of  the  said  James  Crawford 
and  be  considered  as  part  of  the  purchase  money  for  the  said  northwest 
quarter-section  ;  and  the  said  James  Crawford,  his  heirs,  or  assigns,  shall 
be  entitled  to  a  patent  for  the  land  contained  in  the  west  half  of  the 
aforesaid  section,  on  his  completing  the  payment  of  the  purchase  money, 
according  to  the  provisions  of  this  act. 


April  18,  1814.  No.  63.—  AN  ACT  for  the  relief  of  Dennis  Clark. 

Be  it  enacted,  $c.,  That  the  receiver  of  public  moneys  for  the  district 


*v        am  t?°he  °£  l&nds  offered  for  8ale  at  Cincinnati,  be  required  to  pay  Dennis  Clark 
refunded.  the  f  u11  amount  of  moneys,  with  interest,  paid  by  the  said  Dennis  Clark 

to  the  receiver  aforesaid,  in  discharge  of  the  purchase  money  for  frac- 
tional section  number  ten,  in  the  first  township,  and  first  range  east. 

SEC-  2'  And  le  **  further  enacted,  That  the  said  Dennis  Clark  shall  be 
permitted  to  enter  with  the  register  of  the  land  office,  at  two  dollars 
per  acre,  one  hundred  and  sixty  acres  of  land,  in  any  section  or  part  of 
a  section  within  the  Cincinnati  district,  which  has  'been  reserved  and 
offered  for  sale,  but  not  sold,  to  be  paid  for  as  other  lands  of  the  United 
States. 

Nov.  3,  1814.      N"°'  64.—  AN  ACT  further  extending  the  time  for  locating  Virginia  military  land- 
Vol.  3,  p.  143.  warrants,  and  f0r  returning  the  surveys  thereon  to  the  General  Land  Office. 


Officers  and  Beit  enacted,  $c.,  That  the  officers  and  soldiers  of  the  Virginia  line, 
soldiers  in  Vir-  on  continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty 
ginia  line,  on  ian<j8  within  the  tract  reserved  by  Virginia,  between  the  Little  Miami 
tabSment,  6|3"  and  Sciota  rivers,  for  satisfying  the  legal  bounties  to  her  officers  and 
lowed  a  further  soldiers  upon  continental  establishment,  shall  be  allowed  a  further  term 
time.  of  three  years,  from  and  after  the  passage  of  this  act,  to  obtain  war- 

rants and  complete  their  locations,  and  a  further  term  of  five  years,  from 
x  and  after  the  passage  of  this  act  as  aforesaid,  to  return  their  surveys 

and  warrants,  or  certified  copies  of  warrants,  to  the  General  Land  Office, 
anything  in  any  former  act  to  the  contrary  notwithstanding  :  Provided, 
That  no  locations,  as  aforesaid  within  the  above-mentioned  tract,  shall, 
after  the  passing  of  this  act,  be  made  on  tracts  of  land  for  which  pat- 
ents had  previously  been  issued,  or  which  had  been  previously  surveyed ; 
and  any  patent  which  may,  nevertheless,  be  obtained  for  land  located 
contrary  to  the  provisions  of  this  act,  shall  be  considered  as  null  and 
void. (a) 

(a)  See  Nos.  1,  8, 22, 27, 32, 35, 45,  46, 51,  58,  66,  82, 93,  98, 112, 119, 121, 128, 146, 154, 159, 166, 
172, 174, 177, 180, 183, 184, 187, 190. 


Feb.  4, 1815.  No.  65.— AN  ACT  attaching  to  the  Canton  district,  in  the  State  of  Ohio,  the  tract  of, 
Vol.  3,  p.  201.  land  lying  between  the  foot  of  the  rapids  of  the  Miami  of  Lake  Erie,  and  the  Con- 
necticut  Western  .Reserve. 


Landsattached  Be  it  enacted,  <fc.,  That  all  that  tract  of  land  lying  between  the  foot 
to  the  district  of  of  the  rapids  of  the  river  Miami  of  Lake  Erie  and  the  western  line  of 
the  Connecticut  Reserve,  in  the  State  of  Ohio,  which  was  ceded  to  the 
United  States  by  certain  tribes  of  Indians,  at  a  treaty  concluded  at 
Brownstown,  in  the  Michigan  Territory,  on  the  twenty-fifth  day  of  No- 
vember, one  thousand  eight  hundred  and  eight,  shall  be  attached  to, 
and  made  a  part  of,  the  district  of  Canton,  (a) 

The    ordinary     SEC.  2.  And  le  it  further  enacted,  That  in  surveying  and  dividing  the 

modes  of  survey-  lands  by  this  act  attached  to  the  district  of  Canton,  the  ordinary  mode 

Sg  ^deviated  of  surveying  the  public  lands  shall  be  so  far  deviated  from  that  the 

from  in  survey-  boundary  lines  of  the  tracts  to  be  laid  off  therein  shall  be  run  parallel 

ing  those  of  the  to,  and  at  right  angles  with,  the  road  laid  out  in  conformity  with  the 

Canton  district,   g^  treaty,  and  in  every  other  respect  the  surveys  shall  be  made  in  the 

same  manner,  and  for  the  same  compensation  allowed  for  the  surveying 

the  other  public  lands  northwest  of  the  river  Ohio.  (6) 


OHIO.  49 

SEC.  3.  And  be  it  further  enacted,  That  all  the  lands  by  this  act  at-     Lands  attached 
tached  to  the  district  of  Canton,  shall  be  offered  for  sale  to  the  highest  to  the  Canton  dis- 
bidder,  under  the  direction  of  the  register  of  the  land  office  and  the  re-  Jnc.J  b-Lthi?  fct 
ceiver  of  public  moneys  of  the  said  district,  at  such  time  and  place  as  sale 
the  President  of  the  United  States  shall  designate  by  proclamation  for 
that  purpose ;  and  the  sales  shall  remain  open  one  week  and  no  longer ; 
and  the  said  lands  shall  in  every  respect  be  sold  on  the  same  terms  and 
conditions  as  have  been  provided  for  the  sale  of  other  lands  of  the  United 
States.    All  the  lands  in  the  said  tract  remaining  unsold  at  the  close  of 
the  said  sales  may  be  disposed  of  at  private  sale  by  the  register  of  the 
land  office  of  the  said  district,  on  the  same  terms  and  conditions,  as  are 
provided  for  the  sale  of  other  public  lands  in  the  same  district ;  and 
patents  shall  be  obtained  in  the  same  manner  as  in  case  of  other  lands 
of  the  United  States,  (e) 

SEC.  4.  And  be  it  further  enacted,  That  the  aforesaid  register  and  receiver  Fees  to  the  reg- 
of  public  moneys  shall  each  receive  four  dollars  per  day  for  each  day's  is, ter  and  receiver 
attendance  on  the  public  sales  directed  by  this  act. 

(a)  See  Nos.  21,  25,  29,  30,  32,  35,  39,  41,  44,  47,  52,  59,  76,  79,  80,  81,  85,  88,  90,  99,  104,  132, 

140,158,189. 

!>)  See  Nos.  11, 12, 13, 21,  23, 25, 32,  36,  37,  42, 76,  79,  81, 102, 119, 158. 

c)  See  Nos.  11, 16,  21,  25,  29,  30,  3>,  36,  39,  41,  43,  44,  47,  48.  52,  56,  59,  76,  79,  80,  81,  83,  84, 
85,  87,  83,  90.  93, 102, 108,  111,  113, 1-26,  130,  132,  133,  145,  155,  153,  175, 185. 


No.  66.— AN  ACT  giving  further  time  to  complete  the  surveys  and  obtain  the  pat-     Feb.  22,  1815. 
ents  for  lands  located  under  Virginia  resolution  warrants.  Vol.  3,  p.  212. 

Be  it  enacted,  #c..  That  the  officers  and  soldiers  of  the  Virginia  line  on     -^    th — ir-~ 
continental  establishment,  or  their  legal  representatives,  to  whom  land  allowed  to  com- 
warrants  have  issued  by  virtue  of  any  resolution  of  the  legislature  of  plete      surveys, 
Virginia,  as  a  bounty  for  services,  which  by  the  laws  of  Virginia,  &<>• 
passed  prior  to  the  cession  of  the  Northwestern  Territory  to  the  United 
States,  entitled  such  officers  or  soldiers  to  bounty  lands,  and  whose 
location  of  such  warrants  shall  have  been  made  prior  to  the  twenty- 
third  day  of  March,  one  thousand  eight  [hundred]  and  eleven,  shall 
be  allowed  the  further  time  of  two  years  from  the  passing  of  this 
act  to  complete  their  surveys  and  obtain  their  patents  for  the  land 
located  as  aforesaid :  Provided,  That  surveys  shall  be  made  and  patents 
granted  on  the  aforesaid  locations,  under  the  same  regulations,  restric- 
tions and  provisions,  in  every  respect,  as  were  prescribed  for  the  making 
of  surveys  and  granting  of  patents  by  the  act,  entitled  "An  act  author- 
izing patents  to  issue  for  lands  located  and  surveyed  by  virtue  of  cer- 
tain 'Virginia  resolution  warrants/"  passed  on  the  third  day  of  March, 
one  thousand  eight  hundred  and  seven,  (a) 

(a)  See  Nos.  1,  8,  22, 27,  32,  35,  45,  46,  51,  58, 64,  82,  93.  98.  112. 119, 121, 128, 146, 154, 159, 
166, 172, 174,  177, 180, 183, 184, 187, 190. 


Xo.  67.—  AN  ACT  for  granting  and  securing  to  Anthony  Shane,  the  right  of  the     Feb  24  1815. 

United  States  to  a  tract  of  land  in  the  State  of  Ohio.  Vol.  6,  p.  149. 

Be  it  enacted,  #c.,  That,  in  consideration  of  valuable  and  faithful  ser- 


vices,  rendered  to  the  United  States,  during  the  present  war,  by  An-  to  AShane 
thony  Shane,  a  half-breed  Indian,  there  be  granted  to  him  all  the  right 
of  the  United  States  to  a  tract  of  land,  to  contain  three  hundred  and 
twenty  acres,  lying  on  the  river  St.  Mary's,  at  a  place  called  Shane's 
Crossing,  within  the  limits  of  the  State  of  Ohio,  but  in  a  part  thereof 
to  which  the  Indian  title  has  not  yet  been  extinguished  ;  the  said  tract 
to  be  located  in  a  convenient  form,  and  so  as  to  comprehend  the  said 
Anthony  Shane's  improvements. 

SEC.  2.  And  be  it  further  enacted,  That  as  soon  as  the  Indian  title  to    Patent  to  issue, 
the  territory  comprehending  the  said  tract,  shall  be  extinguished,  the  ^nen. 
said  three  hundred  and  twenty  acres  shall  be  surveyed  under  the  au- 
thority of  the  United  States,  and  a  patent  therefor  shall  be  granted  to 
the  said  Anthony  Shane,  or,  if  not  then  living,  to  his  children  and  le- 
gal representatives,  to  hold  the  same  to  them  and  their  heirs,  (a) 

(a)  See  Nos.  144,  156. 

No.  68.—  AN  ACT  for  the  relief  of  Joseph  Anderson. 

Be  it  enacted,  #c.,  That  the  sum  of  three  hundred  and  twenty-two  dol-     vol'  fVwe' 
lars  and  sixty-eight  cents,  paid  by  Joseph  Anderson,  on  the  fifth  day 


of  November,  one  thousand  eight  "hundred  and  five,  on  account  of  the     Payment  to  be 
purchase  money  of  the  northwest  quarter  of  section  of  land  number  ft??    ^     hi8 
eleven,  in  township  seven,  and  range  four,  in  the  Steubenville  district,  ent  toistSe.  P£ 
4  L  O — VOL  II 


50  OHIO. 

shall,  by  the  register  and  receiver  of  public  moneys  of  the  land  office 
for  the  district  aforesaid,  be  placed  to  the  credit  of  the  said  Joseph  An- 
derson, and  be  considered  as  the  fourth  instalment  of  the  purchase 
money  due  for  said  quarter- section ;  and  that  the  said  Joseph  Anderson, 
his  heirs  or  assigns,  shall  be  entitled  to  a  patent  for  the  same. 


Feb.  6,  1816.  No.  69.— AX  ACT  for  the  relief  of  Charles  Markin. 

Vol.  6,  p.  157.        Be  .t  enact€d^  gc^  That  Cnarles  parkin  shall  be  permitted  to  with- 
Entry  for  land  draw  his  entry  made  on  the  twenty-third  day  of   February,  one  thou- 
orawnba^dlJav-8an(leight  hundred  and  fifteen,  at  the  land  office  at   Chillicothe,  from 
ment  transf erred.  *he  northwest  quarter  of  section  number  nineteen,  township  number 
'  two,  of  range  number  sixteen,  and  the  money  paid  by  him  on  the  said 
entry  shall  be  placed  to  his  credit  on  any  purchase  he  shall  make  or 
may  have  made  of  public  lands  in  the  same  district. 


Feb.  6,  1816.       NO.  70.— AX  ACT  for  the  relief  of  Martin  Cole,  John  Pollock,  George  Westner,  and 
Vol.  6.  p.  157.  Abraham  Welty. 

Entries  for  land  Be  it  enacted,  <^c.,  That  Martin  Cole,  John  Pollock,  George  Westner, 
i  bandway!  and  Abraham  Welty  be,  and  they  are  hereby  authorized  to  withdraw 
ment  transferred!  their  respective  erroneous  entries  made  in  the  district  of  Madison, 
Canton,  Vincennes,  and  Zanesville,  respectively,  and  the  moneys  paid 
by  them  on  the  said  entries  shall  be  placed  to  their  credit,  on  any  pur- 
chase of  public  land  they  may  have  made,  or  shall  make  in  the  same 
districts. 

April  16,  1816.    No.  71.— AN  ACT  further  extending  the  time  for  issuing  and  locating  military 
Vol.  3,  p.  284.  land-warrants,  and  for  other  purposes. 


Certain  milita-  Be  it  enacted,  $*c.,  That  the  Secretary  of  War  be  authorized  to  is- 
ry  land-warrants  sue  military  land-warrants  to  such  persons  as  have  or  shall,  before  the 
the^Secretarv  ^of  firet  day  °*  Marcn»  one  thousand  eight  hundred  and  eighteen,  produced 
\rar.  to  him  satisfactory  evidence  of  the  validity  of  their  claims ;  which  war- 

rants, with  those  heretofore  issued,  and  not  yet  satisfied,  shall  and  may 
be  located  in  the  name  of  the  holders  or  proprietors  thereof,  prior  to  the 
first  day  of  October,  one  thousand  eight  hundred  and  eighteen,  on  any 
unlocated  parts  of  the  fiity  quarter  townships,  and  the  fractional  quar- 
ter townships,  reserved  by  law  for  original  holders  of  military  land- 
warrants.  And  patents  shall  be  granted,  for  the  land  located  under 
this  act,  in  the  same  manner  as  is  directed  by  former  acts  for  granting 
military  lands. 

At  the  expira-      SEC.  2.  And  be  it  further  enacted,  That  at  the  expiration  of  the  term 
tion  of  the  term  limited  by  this  act,  for  the  location  of  the  military  land- warrants  afore- 
this  said,  it  shall  be  the  duty  of  the  Commissioner  of  the  General  Land  Office, 
or  general  to  be  to  transmit  to  the  survey  or- general  a  list  of  all  the  lots  of  land  within 
furnished       b  y  the  fifty  quarter  townships  and  fractional  quarter  townships,  which 
Commissioner  shall  at  that  time  remain  unlocated;  and  the  surveyor-general  shall 
with  list,  <fcc.        prepare  and  transmit  to  the  registers  of  the  land  office  at  Chillicothe 
and  Zanesville,  respectively,  general  plats  of  the  aforesaid  unlocated 
Repre  s  e  n  t  a  -  lots,  which  lots  shall,  after  the  first  day  of  March,  one  thousand  eight 
anT  soldiers °eof  hundred  and  nineteen,  be  offered  for  sale  at  the  land  offices  in  the  dis- 
militia.  <fcc.,  pro-  tricts  in  which  they  are  situated,  in  the  same  manner,  on  the  same  terms 
vided  for.   '          and  conditions,  in  every  respect,  as  other  public  lands  are  offered  at  pri- 
vate sale,  in  the  same  districts,  (a) 

(a)  See  Xos.  12,  15,  17,  18,  27,  32,  34,  38,  42,  49,  50,  60,  128,  130,  131,  135.  139. 


April  16,  1816.    No.  72.— AX  ACT  to  authorize  the  President  of  the  United  States  to  alter  the  road 
Vol.  3,  p.  285.         laid  out  from  the  foot  of  the  rapids  of  the  river  Miami  of  Lake  Erie,  to  the  western 
line  of  the  Connecticut  Reserve. 


Alteration   au-      j$e  u  ena,cted,  $'c.,  That  the  President  of  the  United  States  be,  and  is 
laid  "out  byaet  of  hereby  authorized  to  cause  to  be  made,  in  such  manner  as  he  may  deem 
Dec.  12   1811,  in  most  proper,  an  alteration  in  the  road  laid  out  under  the  authority  of 
the  State  of  Ohio,  an  act,  entitled  "An  act  to  authorize  the  surveying  and  making  of  cer- 
tain roads  in  the  State  of  Ohio,  as  contemplated  by  the  treaty  of  Browns- 


OHIO.  51 

town  in  the  Territory  of  Michigan,"  so  that  the  said  road  may  pass 
through  the  United  States'  reservation  at  Lower  Sandusky,  or  north 
thereof  not  exceeding  three  miles. 

SEC.  2.  And  be  it  further  enacted,  That  the  necessary  expenses  which    Expenses  to  be 
shall  be  incurred  in  altering  the  said  road  shall  be  paid  out  of  the  Paid> 
moneys  appropriated  for  the  surveying  of  the  public  lands  of  the  United 
States,  (a) 

'a)  See  Nos.  53,  97,  147,  163. 

73.— AN  ACT  to  authorize  the  legislature  of  the  State  of  Ohio  to  sell  a  certain     April  16  1816. 
part  of  a  tract  of  land,  reserved  for  the  use  of  that  State.  Vol.  6,  p.  161. 

Be  it  enacted,  <fc.,  That  the  legislature  of  the  State  of  Ohio  shall  be, : 

and  are  hereby  authorized  and  empowered  to  cause  to  be  selected  and  ohioSavsellcer 
sold,  in  such  manner,  and  on  such  terms  and  conditions  as  they  may  tain  reserved  see- 
by  law  direct,  any  one  section  not  exceeding  the  quantity  of  six  hun-  tion  of  land, 
dred  and  forty  acres,  of  the  tract  of  land  of  six  miles  square,  reserved 
for  the  benefit  of  that  State,  at  the  Scioto  salt  springs :  Provided,  That 
the  section  so  selected  shall  not  include  the  said  salt  springs,  and  that 
the  money  arising  from  the  sale  of  the  aforesaid  section  shall  be  applied    Proceeds  to  be 
to  the  erection  of  a  court-house,  or  other  public  buildings,  thereon,  for  applied    to    the 
the  use  of  the  county  of  Jackson,  in  said  State ;  and  whenever  the  selec-  erection  of  court- 
tion  and  sale  of  the  said  section  of  land  shall  have  been  made,  and  the  jackson  County? 
same  shall  be  duly  certified  to  the  Commissioner  of  the  General  Land  Of- 
fice, a  patent  shall  be  granted  by  the  President  of  the  United  States,  for 
the  said  section,  in  trust  to  such  person  or  persons  as  the  legislature  of 
the  State  shall  have  appointed  and  authorized,  to  sell  and  execute  titles 
to  the  purchasers  of  the  land  aforesaid,  (a) 

<a)  See  Nos.  11,  28,  76,  79,  105. 

X o.  74,— AN  ACT  for  the  relief  of  Edward  Wilson.  April  20>  1816- 

Be  it  enacted,  #c.,  That  Edward  Wilson  shall  be  permitted  to  with-    Vol.  6,  p.  162. 
draw  an  entry  made  by  James  Caldwell,  on  the  fourth  day  of  April, one     .,,       ,      T~ 
thousand  eight  hundred  aad  eleven,  at  the  land  office  at  Steubenville,  withdraw       his 
from  the   southwest  quarter  of  section  number  thirteen,  in  township  entry  in  the  land 
number  nine,  of  range  number  seven,  in  the  district  of  land  offered  for  office  at  Steuben- 
sale  at  Steubenville  ;  and  the  money  paid  on  the  said  entry  shall  be  Vllle>  &c> 
placed  to  the  credit  of  said  Wilson  on  any  purchase  he  may  make,  or 
may  have  made,  of  public  lands  in  said  district. 


No.  75.— AN  ACT  granting  to  Amos  Spafford  the  right  of  pre-emption.  April  26,  1816. 

Be  it  enacted,  #c.,  That  Amos  Spafford,  collector  of  the  district  and    Vol.  6,  p.  166. 
port  of  Miami,  shall  have  the  right  of  pre-emption  to  one  hundred  and    pre-em  pt  ion 
sixty  acres  of  land,  to  include  his  improvements,  situate  within  the  right  granted  to 
limits  of  the  reserve  of  twelve  miles  square,  at  the  rapids  of  Miami  of  him. 
Lake  Erie,  the  boundaries  of  which  shall  be  designated  under  the  di- 
rection of  the  Secretary  of  the  Treasury;  which  tract  of  land  shall  be 
granted  to  him  at  the  same  price,  and  on  the  same  terms  and  conditions 
for  which  the  other  public  lands  are  sold  at  private  sale. 


No.  76.— AN  ACT  providing  for  the  sale  of  the  tract  of  land  at  the  lower  rapids  of     April  27, 1816. 

Sandusky  Elver.  Vol.  3,  p.  308. 

Be  it  enacted,  $rc.,  That  so  much  of  the  tract  of  land  of  two  miles    p    t  f     t     fc 
square,  at  the  lower  rapids  of  Sandusky  River,  ceded  by  the  Wyandots,  to  be  laid  off  into 
Delawares,   Shawanoes,  Ottawas,  Chippewas,  Patawatimies,  Miamis,  town    and     out 
Eel  River,  Weeas,  Kickapoos,  Piankashaws,  and  Kaskaskias  tribes  of lots- 
Indians  to  the  United  States,  by  the  treaty  of  Greenville,  of  the  third 
of  August,  one  thousand  seven  hundred  and  ninety- five,  shall,  under 
the  direction  of  the  surveyor-general,  be  laid  off  into  town  lots,  streets 
and  avenues,  and  into  out-lots,  in  such  manner  and  of  such  dimensions 
as  he  may  judge  proper :  Provided,  The  tract  so  to  be  laid  off  shall  not    Proviso, 
exceed  the  quantity  of  land  contained  in  one  entire  section,  nor  the 
town  lots  one-quarter  of  an  acre  each.     When  the  survey  of  the  lots     . 
shall  be  completed,  a  plat  thereof  shall  be  returned  to  the  surveyor- 
~">neral,  on  which  the  town  lots  and  out-lots  shall  respectively  be  des- 


gw 


52  OHIO. 

ignated  by  progressive  numbers,  who  shall  cause  two  copies  to  be  made, 
one  to  be  transmitted,  with  a  copy  of  the  field-notes,  to  the  Commis- 
sioner of  the  General  Land  Office,  and  the  other  to  the  register  of  the 
land  office  at  Wooster. 

Surveyor  -  gen-  SEC.  2.  And  be  it  further  enacted,  That  previously  to  the  disposal  at 
eral  to  lay  off  the  public  sale  of  the  before-mentioned  tract  of  land,  the  surveyor- general 
rected°to  be  sold  sha11)  and  he  is  hereby  directed  to  resurvey  and  mark  the  exterior  lines 
by  this  act.  °f  tne  said,  tract,  conformably  to  the  survey  made  in  [the]  year  one 

thousand  eight  hundred  and  seven,  by  virtue  of  the  act  of  the  third  of 
March,  one  thousand  eight  hundred  and  five,  and  also  to  cause  divis- 
ional lines  to  be  run  through  each  fractional  section,  and  of  the  adjoin- 
ing quarter- section,  so  that  each  subdivision,  having  one  front  on  the 
river,  may  contain,  as  nearly  as  may  be,  eighty  acres  each.  And  in  like 
manner  to  cause  the  large  island,  lying  in  the  west  half  of  section  num- 
ber one,  to  be  surveyed,  and  the 'same  to  be  divided  into  two  equal 
Proviso.  parts :  Provided,  That  in  running  the  subdivisional  lines,  no  interference 

shall  be  made  affecting  the  selection  or  location  hereafter  to  be  made 
under  the  direction  of  the  Secretary  of  War:  Provided  also,  That  in 
no  case  shall  the  subdivisional  lines  be  so  run,  as  to  extend  to,  or  em- 
brace the  bed  of  the  river,  which  shall  be  deemed,  and  is  hereby  de- 
Proviso,  clared  to  be  a  public  highway:  And  provided  also,  That  the  whole 
expense  of  resurveying  and  marking  the  exterior  lines  of  the  said 
cession,  and  running  and  marking  the  subdivisional  lines  of  the  frac- 
tional and  quarter  sections,  lying  adjacent  to  the  river,  shall  not  exceed 
three  dollars  for  every  mile  actually  survey ed,resurveyed  and  marked, 
by  virtue  of  this  and  the  preceding  section,  (a) 

Lands  to  be  SEC.  3.  And  be  it  further  enacted,  That  all  the  land  contained  within 
sold  with  certain  the  aforesaid  cession,  of  two  miles  square,  shall,  with  the  exception  of 
reservations,  at  as  many  town  lots  and  out-lots,  as  in  the  opinion  of  the  Secretary  of 
the  Treasury  may  be  necessary  to  reserve  for  the  support  of  schools  (6) 
within  the  same,  and  with  exception  also  of  the  salt  springs,  and  land 
reserved  for  the  use  of  the  same,  (c)  be  offered  for  sale  to  the  highest  bid- 
der at  Wooster  in  the  State  of  Ohio,  under  the  direction  of  the  register 
and  receiver  of  the  land  office,  and  on  such  day  or  days  as  shall,  by  a 
public  proclamation  of  the  President  of  the  United  States,  be  desig- 
nated for  that  purpose.  The  sale  for  the  divided  quarter- sections, 
fractional  sections,  and  of  the  town  lots  and  out-lots,  shall  remain  open 
at  Wooster  for  seven  days,  and  no  longer  :  The  divided  quarter-sections 
and  fractional  sections  shall  not  be  sold  for  less  than  two  dollars  an 
acre  ;  the  m-lots  for  less  than  twenty  dollars  each,  nor  any  out-lot  for  less 
than  at  the  rate  of  five  dollars  per  acre  ;  and  shall  in  every  other  respect, 
be  sold  on  the  same  terms  and  conditions  as  have  been  or  may  be  provided 
by  law  for  the  lands  sold  north  of  the  river  Ohio,  and  above  the  mouth  of 
Kentucky  River.  All  the  laud  other  than  what  is  excepted  as  above 
mentioned,  remaining  unsold  at  the  closing  of  the  public  sales,  may  be 
disposed  of  at  private  sale  by  the  register  of  the  land  office  at  Wooster, 
agreeably  to  the  provisions  of  this  act,  and  in  the  same  manner,  under 
the  same  regulations  and  conditions  as  are  or  may  be  provided  by  law, 
for  the  sale  of  the  public  lands  of  the  United  States  north  of  the  river 
Ohio,  and  above  the  mouth  of  Kentucky  River,  and  patents  shall  be 
obtained  for  all  lands  granted  or  sold  within  the  said  cession,  in  the 
same  manner  and  on  the  same  terms  as  are  or  may  be  provided  by  law 
for  land  sold  in  the  State  of  Ohio.  The  superintendents  of  the  public 
sales  directed  by  this  section,  shall  receive  four  dollars  each,  for  each 
day's  attendance  on  the  said  sales,  (d) 

(a)  See  Nos.  11,  12,  13,  21,  23,  25,  32,  36,  37,  42,  65,  79,  81,  102,  119,  158. 

(6)  See  Nos.  28,  31,  47,  79,  85,  102,  109,  110,  136,  144,  150, 156,  158,  167,  168,  179. 

(c)  See  Nos.  11,  28,  73,  79,  105. 

(d)  See  Nos.  11,  16,  21,  25,  29,  30.  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  79.  - 
83,  84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  173.  1?5. 

April  27, 1816.    No.  77.— AN  ACT  for  the  relief  of  Samuel  Dick,  William  Bruce  and  Asa  Kitchel. 
Vol.  6,  p.  169.         J$Q  n  enacted,  $'C.,  That  the  final  certificate  of  Samuel  Dick,  issued  on 
Final  certifl-  *ne  thirteenth  day  of  June,  eighteen  hundred  and  one,  by  the  register 
cates  to  be  re"  of  the  land  office  in  the  Cincinnati  district,  for  six  hundred  and  forty 
ceived     as    evi-  acres  of  land ;  also  the  final  certificate  granted  to  Asa  Kitchel,  dated 
dence of  payment  tll6  twenty-eighth  day  of  April,  eighteen  hundred  and  one,  by  the  reg- 
ister aforesaid,  for  six  hundred  and  twenty-eight  acres  of  land ;  and 
also  the  final  certificate  granted  to  William  Bruce,  by  the  register  afore- 


OHIO.  53 

said,  for  a  section  of  land,  dated  about  the  same  time,  shall  respectively 
be  received  by  the  Commissioner  of  the  General  Land  Office,  as  complete 
evidence  of  payment  for  the  tracts  of  land  therein  specified,  and  pat- 
ents shall  be  issued  thereon  as  in  other  cases. 


No.  78.— AN  ACT  for  the  relief  of  Joseph  S.  Newall.  April  27, 1816. 

Be  it  enacted,  $c.,  That  Joseph  S.  Newall  shall  be  permitted  to  with-     YoL  6»  P- 17°- 
draw  an  entry  made  at  the  land  office  at  Canton,  in  the  State  of  Ohio,     Entry  may  be 
from  the  northwest  quarter  of  section  number  five,  in  township  num-  withdrawn,    and 
ber  twenty-one,  of  range  number  sixteen,  in  the  district  of  land  offered  payments  trans- 
for  sale  at  Canton,  and  the  money  paid  on  the  said  entry  shall  be  placed 
to  the  credit  of  said  Newall  on  any  purchase  he  may  make,  or  may 
have  made  of  public  lands  in  said  district. 


fo.  79.— AN  ACT  providing  for  the  sale  of  the  tract  of  land,  at  the  British  fort  at     April  27, 1816. 
the  Miami  of  the  Lake,  at  the  foot  of  the  rapids,  and  for  other  purposes.  Vol.  3,  p.  319. 

Be  it  enacted,  #c.,  That  so  much  of  the  tract  of  land  of  twelve  miles  ~rract  of  land 
luare,  at  the  "'British  fort  of  the  Miami  of  the  Lake,  at  the  foot  of  the  to  be  laid  off  into 
rapids,"  ceded  by  the  Wyandots,  Delawares,  Shawanoes,  Ottawas,  Chip-  lots  by  the  sur- 
pewas,  Patawatamies,  Mi  amis,  Eel  River,  Weeas,  Kickapoos,  Piank-  veyor-general. 
shaws,  and  Kaskaskias  tribes  of  Indians,  to  the  United  States,  by  the 
treaty  of  Greenville,  of  the  third  of  August,  one  thousand  seven  hun- 
dred and  ninety-five,  shall,  under  the  direction  of  the  surveyor-general, 
be  laid  off  into  town  lots,  streets,  and  avenues,  and  into  out-lots,  in 
such  manner  and  of  such  dimensions,  as  he  may  judge  proper :  Provided,     Proviso. 
The  tract  so  to  be  laid  off  shall  not  exceed  the  quantity  of  land  contained 
in  two  entire  sections,  nor  the  town  lots  one-quarter  of  an  acre  each. 
When  the  survey  of  the  lots  shall  be  completed,  a  plat  thereof  shall  be 
returned  to  the  surveyor-general,  on  which  the  town  lots  and  out-lots 
shall,  respectively,  be  designated,  by  progressive  numbers,  who  shall 
cause  two  copies  to  be  made,  one  to  be  transmitted,  with  a  copy  of  the 
field-notes,  to  the  Commissioner  of  the  General  Land  Office,  and  the  other 
to  the  register  of  the  land  office  at  Wooster. 

SEC.  2.  And  be  it  further  enacted,  That  previously  to  the  disposal  at     Surveyor-gen- 
public  sale  of  the  before-mentioned  tract  of  land,  the  surveyor-general  er^  *°  cause  the 
shall,  and  he  is  hereby  directed,  to  resurvey  and  mark  the  exterior  lines  eJid^ract  t?  be 
of  the  said  tract,  conformably  to  the  survey  made  in  December,  one  run  before  the 
thousand  eight  hundred  and  five,  by  virtue  of  the  act  of  the  third  of  land  is  disposed 
March,  one  thousand  eight  hundred  and  five,  and  also  to  cause  divisional of- 
lines  to  be  run  through  each  section  and  fractional  section  binding  on 
the  said  river,  so  that  each  subdivision  may  contain,  as  nearly  as  may  be, 
one  hundred  and  sixty  acres  each.    And  in  like  manner  to  cause  the 
"Great  Island,"  lying  at  the  foot  of  the  rapids,  in  the  said  river,  to  be 
surveyed,  and  by  lines,  running  north  and  south,  to  divide  the  same,  as 
nearly  as  may  be,  into  six  equal  parts,  that  is  to  say,  that  part  of  the  said 
island,  described  in  the  survey  of  the  said  cession,  as  lying  in  township 
number  three,  in  four  parts ;  and  that  part  of  the  said  island  lying  in 
township  number  four,  into  two  parts:  Provided,  That  in  running  the     Proviso, 
subdivisional  lines  no  interference  shall  be  made  affecting  or  impairing 
the  rights  of  persons  to  whom  letters-patent  have  been  granted  for  land 
lying  within  the  limits  of  the  said  twelve  miles  square,  nor  affecting  the 
selection  or  location  hereafter  to  be  made  under  the  direction  of  the 
Secretary  of  War,  for  military  purposes :  Provided,  aho,  That  in  no  case     Proviso, 
shall  the  subdivisional  lines  be  so  run  as  to  extend  to,  or  embrace  the 
bed  of  the  river,  which  shall  be  deemed,  and  is  hereby  declared  to  be  a 
public  highway:  And  provided,  also,  That  the  whole  expense  of  resur-     Proviso, 
veying  and  marking  the  exterior  lines  of  the  said  cession  and  of  the  sub- 
divisional  lines  of  the  sections,  lying  adjacent  to  the  river,  shall  not  ex- 
ceed three  dollars  for  every  mile  actually  surveyed,  resurveyed,  and 
marked,  by  virtue  of  this  and  the  preceding  section,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  all  the  land  contained  within     Lands  to  be 
the  aforesaid  cession  of  twelve  miles  square,  not  excepted  by  virtue  of  8°ld ;  when  and 
any  section  of  this  act,  shall,  with  the  exception  of  number  sixteen,  which  wnere< 
shall  be  reserved  in  each  township,  for  the  support  of  schools  within  the 
same,  (&)and  with  the  exception  also  of  the  salt  springs  and  land  reserved 
for  the  use  of  the  same,  (c)  beoffered  for  sale  to  the  highest  bidder,  at 


54  OHIO. 

Wooster,  in  the  State  of  Ohio,  under  the  direction  of  the  register  and 
receiver  of  the  land  office,  and  on  such  day  or  days  as  shall,  by  a  public 
proclamation  of  the  President  of  the  United  States,  be  designated  for 
that  purpose.  The  sale  for  the  quarter-sections,  fractional  quarter-sec- 
tions, and  of  the  town  lots  and  out-lots,  shall  remain  open  at  Wooster,  for 
seven  days  and  no  longer.  The  quarter-sections  and  fractional  quarter- 
sections,  shall  not  be  sold  for  less  than  two  dollars  an  acre  ;  the  in-lots  for 
less  than  twenty  dollars  each,  nor  any  out-  lot  for  less  than  at  the  rate 
of  five  dollars  per  acre  ;  and  shall,  in  every  other  respect,  be  sold  on  the 
same  terms  and  conditions  as  have  been,  or  may  be,  by  law,  provided 
for  the  lands  sold  north  of  the  river  Ohio,  and  above  the  mouth  of  Ken- 
tucky River.  All  the  lands  other  than  the  reserved  sections  and  those 
excepted  as  above  mentioned,  remaining  unsold  at  the  closing  of  the 
public  sales,  may  be  disposed  of  at  private  sale  by  the  register  of  the 
land  office,  at  Wooster,  agreeably  [to]  the  provisions  of  this  act,  and  in 
the  same  manner,  under  the  same  regulations  and  conditions  as  are,  or 
may  be  provided  by  law,  for  the  sale  of  the  lands  of  the  United  States, 
north  of  the  Ohio  River,  and  above  the  mouth  of  Kentucky  River.  And 
patents  shall  be  obtained  for  all  lands  granted  or  sold  within  the  said 
cession,  in  the  same  manner,  and  on  the  same  terms,  as  are  or  may  be 
provided  by  law  for  land  sold  in  the  State  of  Ohio.  The  superintendents 
of  the  public  sales,  directed  by  this  section,  shall  receive  four  dollars 
each,  for  each  day's  attendance  on  the  said  sales,  (d) 

(a)  See  Nos.  11,  12,  13,  21,  23,  25,  32,  36,  37,  42,  65,  76,  81,  102,  119,  158. 

(6)  See  Nos.  28,  31,  45,  47,  76,  85,  102,  109,  110,  136,  144,  150,  156,  15rf,  167,  168,  179. 

(c)  See  Nos.  11,  28,  73,  76,  105. 

(d)  See  Nos.  11,  16.21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  80,  81,  -3.  -4, 
85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 

April  29,  1816.    No.  80.—  AN  ACT  providing  for  the  sale  of  certain  lands  in  the  State  of  Ohio,  for- 
Vol.  3,  p.  326.  merly  set  apart  for  refugees  from  Canada  and  Nova  Scotia. 

.  -  :  —  ~     Be  it  enacted,  <$'c.,  That  such  part  of  the  tract  of  land  which  was  set 


set  apart  foiMDa  aPurt  for  refugees  from  Canada  and  Xova  Scotia,  by  the  act  of  Congress, 
nadian  and  Nova  passed  the  eighteenth  day  of  February,  one  thousand  eight  hundred 
Scotia    refugees,  and  one,  entitled  "An  act  regulating  the  grants  of  land  appropriated 
not  yet  located,  for  tne  refugees  from  the  British  provinces  of  Canada,  and  Nova  Scotia," 
the  land  ^strict  which  ha-8  u°t  been  located  by  the  said  refugees,  (a)  shall  be  attached  to, 
of  Chillicothe.      and  made  a  part  of  the  land  district  of  Chillicothe,  (&)  and  the  said  unlo- 
cated  land  shall  be  offered  for  sale  to  the  highest  bidder,  under  the  di- 
rection of  the  register  of  the  land  office  and  of  the  receiver  of  public 
moneys  for  the  said  district,  at  Chillicothe,  on  such  day  as  shall,  by 
to  s°aleandP8old  proclamation  of  the  President  of  the  United  States,  be  designated  for 
to  the  highest  that  purpose;  the  sale  shall  remain  open  six  days,  and  no  longer;  the 
bidder.  lands  shall  not  be  sold  for  less  than  two  dollars  an  acre,  and  shall  in 

every  other  respect  be  sold  in  tracts  of  the  same  size,  and  on  the  same 
Lands     undis-  terms  and  conditions  as  have  been  or  may  be  provided  for  lands  in  the 
posed  of    this  said  district.     All  the  said  unlocated  land,  remaining  unsold  at  the  close 
way,  to  be  sold  by  of  the  public  sales,  may  be  disposed  of  at  private  sale  by  the  register  of 
private  bargains.  foe  8&{^  land  office,  in  the  same  manner,  under  the  same  regulations, 
for  the  same  price,  and  on  the  same  terms  as  are  or  may  be  provided 
by  law  for  the  sale  of  lands  in  the  said  district  ;  and  patents  shall  be 
obtained  in  the  same  manner,  and  on  the  same  terms,  as  for  other  public 
lands  in  the  said  district,  (c) 

SEC.  2.  And  be  it  further  enacted,  That  the  superintendents  of  the  pub- 
lic sales  directed  by  this  act  shall  each  receive  four  dollars  a  day  for 
each  day's  attendance  on  the  said  sales. 
(a)  See  Nos.  23,  33,  33a,50a,  55. 
(6)  See  Nos.  21,  25,  29,  30,  32,  35,  39,  41,  44,  47,  52,  59,  65,  76,  79,  81,  85.  88,  90,  99,  104,  132, 

140,  158,  189. 

(c)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  81.  - 
85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 

March.  18,  1818.  No.  81.—  AN  ACT  providing  for  the  sale  of  certain  lands  in  the  district  of  Marietta, 

Vol.  3,  p.  409.          and  for  the  location  of  claims  and  sale  of  certain  lands  in  the  district  of  Vincennes. 

The  surveyor-     Be  il  enacted,  fc.,  That  for  the  purpose  of  ascertaining  the  quantity,  and 

general  to  re^  providing  for  the  sale  of  the  lands  belonging  to  the   United  States, 

qnire  Rufus  Put-  within  the  limits  of  a  tract  of  one  hundred  thousand  acres  granted  to 

man,    &c.,    to£ufus  pntman,  Manassah  Cutler,  Robert  Oliver  and  Griffin  Green,  in 

lands  aconveved  trust  for  the  Persons  composing  the  Ohio  Company  of  Associates,  in 

&c.  '  pursuance  of  the  third  section  of  an  act,  entitled  "  An  act  authorizing; 


OHIO.  55 

the  grant  and  conveyance  of  certain  lands  to  the  Ohio  Company  of  As- 
sociates," passed  on  the  twenty-first  of  April,  seventeen  hundred  and 
ninety- two,  it  shall  be  the  duty  of  the  surveyor-general,  and  he  is  hereby 
authorized,  to  require  of  the  said  Rufus  Putman  and  other  surviving 
patentees,  in  trust  as  aforesaid,  to  make  a  report  to  him  of  the  quantity 
and  situation  of  the  lands  by  them  conveyed,  as  bounties,  to  actual  set- 
tlers, according  to  the  conditions  of  the  said  third  section  and  grant 
aforesaid  ;  and  also,  a  difly  attested  copy  of  the  field-notes  and  plat  of    Copy   of  field- 
the  surveys  of  the  lands  by  them  conveyed  to  actual  settlers  as  afore-  ^urve'ys! 
said,  (a)    And  the  surveyor-general,  on  receiving  a  satisfactory  report  of     Surveyor  -  gen- 
the  quantity  and  situation  of  the  lands  so  conveyed,  shall  cause  the  eral  to  cause  the 
residue  of  the  lands  within  the  said  tract  to  be  surveyed  in  the  same  residue    of    the 
manner  as  the  other  public  lands ;  or,  if  he  shall  deem  it  more  cpnven-  veye(j  &c 
ient,  into  tracts  of  one  hundred  acres,  conforming,  as  far  as  practicable,     Return  of  sur- 
to  the  plan  on  which  lots  granted  to  actual  settlers  were  laid  off ;  and  veys  to  the  Gen- 
~ie  shall  make  return  of  the  surveys  to  the  General  Land  Office  and  the  gj1  Land  Office* 
egister  of  the  land  office  at  Marietta.  (&) 

SEC.  2.  And  be  it  further  enacted,  That  every  person,  or  their  legal  rep-     Confirmed 
tatives,  whose  claims  were  confirmed  by  any  of  the  several  acts  claims  to  land  in 
>r  confirming  claims  to  land  in  the  district  of  Vincennes  and  which  yhfcennes^ma* 
claims  have  not  been  located,  shall  be  authorized  to  enter  their  loca-  fce  located  on  the 
tions  with  the  register  of  the  land  office  at  Vincennes,  on  any  part  of  tract  set    apart, 
the  tract  set  aparfc  for  that  purpose  in  the  said  district,  by  virtue  of  an  &c. 
act,  entitled  "An  act  respecting  claims  to  land  in  the  Indiana  Territory 
and  State  of  Ohio,"  and  in  conformity  to  the  provision  of  that  act,  and 
shall  be  entitled  to  receive  certificates  and  patents  in  the  same  manner 
as  provided  by  former  laws  respecting  locations  in  the  same  tract : 
Provided,  That  the  locations  authorized  by  this  act,  and  those  author-    Proviso ;    loca- 
ized  by  an  act,  entitled  "An  act  for  the  relief  of  certain  claimants  to  K°ns  to  be  made 
land  in  the  district  of  Vincennes,"  passed  on  the  sixteenth  of  April,  one  if|ore 
thousand  eight  hundred  and  sixteen,  shall  be  made  before  the  first  day 
of  September  next ;  and,  after  the  said  locations  shall  have  been  made 
and  the  surveys  thereon  completed,  the  surveyor-general  shall  cause 
the  residue  of  the  said  tract  to  be  surveyed, conforming,  as  far  as  prac-    Residue    of 
ticable,  to  the  plan  for  surveying  the  other  public  lands,  and  he  shall  tract  to  be  sur- 
niake  a  return  of  the  surveys,  to  the  General  Land  Office,  and  to  the  reg-  veyed. 
ister  of  the  land  office  at  Vmcennes.  veys  &?       SUr" 

SEC.  3.  And  be  it  further  enacted,  That  such  part  of  the  tract,  described    part 'of    one 
by  the  first  section  of  this  act,  as  shall  appear  to  belong  to  the  United  tract  to  be  sold 
States,  shall  be  offered  for  sale  at  Marietta,  (c)  and  such  part  of  the  tract at  Marietta;  and 
described  by  the  second  section  of  this  act,  as  shall  not  have  been  lo-  at  Vincennes  to 
cated  under  confirmed  claims,  shall  be  offered  for  sale  at  Vincennes.  the  highest  bid- 
The  said  lands,  in  the  said  respective  tracts,  with  the  exception  of  the  der,  &c. 
usual  proportion  for  the  support  of  schools,  shall  be  offered  for  sale  to     Days  of  sale, 
the  highest  bidder,  under  the  direction  of  the  register  of  the  land  office 
and  the  receiver  of  public  moneys  for  the  said  districts,  on  such  days, 
respectively,  as  shall,  by  proclamation  of  the  President,  be  designated 
for  that  purpose ;  the  sales  at  each  place  shall  remain  open  six  days,     Sales  °Pen  six 
and  no  longer ;  the  lands  shall  not  be  sold  for  less  than  two  dollars  an  days< 
acre ;  and  shall,  in  every  other  respect,  both  as  to  public  and  private    price. 
sales,  be  sold  on  the  same  terms  and  conditions  as  other  public  lands  in 
the  same  districts ;  and  patents  shall  be  obtained  in  the  manner,  and  on    patents 
the  terms,  provided  in  case  of  other  public  lands  sold  by  the  United 
States,  (d) 

SEC.  4.  And  be  It  further  enacted,  That  the  superintendents  of  the  pub-  Four  dollars  a 
lie  sales,  directed  by  this  act,  shall  each  receive  four  dollars  a  day  for  day  to  superin- 
each  day's  attendance  on  the  said  sales. 

(a)  See  Nos.  5,  133. 

(&)  SeeNos.  11,  12,  13,  21,  23,  25,  32,  36,  37,  42,  65,  76,  79,  102,  119,  158. 

(c)  SeeNos.  21,  25,  29,  30,  32,  35,  39,  41,  44,  47,  52,  59,  65,  76,  79,  80,  85,  88, 90,  99, 104, 132,  140, 

158, 189. 

(d)  SeeNos.  11,  16,  21, 25, 29,  30, 32,  36, 39,  41,  43, 44,  47, 48,  52,  56,  59,  65,  76,  79, 80, 83,  84,  85, 

87,  88,  90,  99, 102, 108,  111,  113, 126, 130, 132, 133, 145, 155, 158, 175, 185. 


56  OHIO. 


April  11, 1818.    No*  82.— A>,  ACT  to  extend  the  time  for  locating  Virginia  military  land-warrants, 
Vol.  3  p  423  and  returning  surveys  thereon  to  the  General  Land  Office  ;  and  for  designating  the 

western  boundary  line  of  the  Virginia  military  tract. 


Officers  and  sol-  Be  it  enacted,  fc.,  That  the  officers  and  soldiers  of  the  Virginia  line  on 
giniaUne entitled  continental  establishment,  their  heirs,  and  assigns,  entitled  to  bounty 
to  bounty  lands,  lands,  within  the  Virginia  military  tract,  between  the  Little  Miami  and 
allowe'd  two  the  Sciota  rivers,  shall  be  allowed  a  further  term  of  two  years,  from 
yera-fi9raffnT  *nf  *^e  ratification  of  any  treaty  extinguishing* the  Indian  title  to  lands 
any  treaty  extin-  within  the  said  boundaries  not  heretofore  extinguished,  to  obtain  war- 
guishing'  Indian  rants  and  complete  their  locations  ;  and  a  further  term  of  three  years, 
titles.  &c..  to  ob-  from  the  ratification  of  any  treaty  extinguishing  the  Indian  title  to 
tam  warrants,  ]ancis  within  the  said  boundaries  not  heretofore  extinguished,  as  afore- 
And  three  8a^>  t°  return  their  surveys  and  warrants,  or  certified  copies  of  war- 
years  to  return  rants,  to  the  G  eneral  Land  Office  ;  any  thing  in  any  former  act  to  the 
their  surveys,  contrary  notwithstanding. 

&  The  act  author-      ^EC>  ^"  ^n^  ^€  7*  fur^er  enacted,  That  the  provisions  of  the  act,  enti- 

izing  patents  to  ^e^  "^n  ac^  authorizing  patents  to  issue  for  lands  located  and  surveyed 

issue    for    lands  by  virtue  of  certain  Virginia  resolution  warrants,"  passed  on  the  third 

surveyed  in  yir-  day  of  March,  one  thousand  eight  hundred  and  seven,  shall  be  revived 

reflation  ^wT*  and  in  force>  with  all  its  restrictions,  except  that  the  respective  times 

rants,     revived^  allowed  for  making  locations  and  returning  surveys  thereon,  shall  be 

<fcc..  except,  &c.    limited  to  the  terms  prescribed  by  the  first  section  of  this  act  for  the 

location  and  return  of  surveys  on  other  warrants,  and  that  the  surveys 

Proviso-,  no  lo-  shall  be  returned  to  the  General  Land  Office  :  Provided,  That  no  locations, 

cation  on  tracts  as  aforesaid,  in  virtue  of  this,  or  the  preceding,  section  of  this  act,  shall 

ents    had    ere  be  made  on  tracts  of  lan(ls  for  which  patents  had  previously  been  is- 

viously  issued  or  sued>  or  which  had  been  previously  surveyed  ;  and  any  patent  which 

which  had  been  may,  nevertheless,  be  obtained  for  land  located  contrary  to  the  provis- 

snrveyed,  &c.       ions  of  this  act,  shall  be  considered  null  and  void  :  Provided  also,  That 

cationY^oi^sur-  no  locations  or  surveys  shall  be  made  within  that  part  of  the  said  mili- 

veys  within  that tarv  tract  to  which  the  Indian  title  remained  heretofore  unextinguished, 

part  of  the  mili-  until  after  six  months  shall  have  elapsed  from  the  date  of  a  proclama- 

tary  tract.  &c.      tlon  of  the  President  of  the  United  States,  declaring  a  treaty  or  treaties 

to  have  been  concluded  and  ratified,  providing  for   the  extinguishment 

of  the  Indian  title  to  such  lands;  nor  shall  any  patent  be  granted  for 

any  location,  survey,  or  entry,  that  has  been,  or  shall  be,  made  prior  to 

the  expiration  of  six  months  from  and  after  the  ratification  of  such 

treaty. 

The  line  desig-  SEC.  3.  And  le  it  further  enacted,  That  from  the  source  of  the  Little 
nated  by  the  act  Miami  River  to  the  Indian  boundary  line  established  by  the  treaty  of 
"Nia/h1  e I*M  ?f  Grenville>  in  °ne  thousand  seven  hundred  and  ninety-five,  the  line  des- 
remain  the  west°  ignated  as  the  westerly  boundary  line  of  the  Virginia  tract,  by  an  act 
erly  boundary  of  Congress,  passed  on  the  twenty-third  day  of  March,  one  thousand 
line  of  the  Vir-  eight  handred  and  four,  entitled  "An  act  to  ascertain  the  boundary  of 
fth^rwisfdirecti the  lands  re8erved  bv  the  State  of  Virginia  north  west  of  the  river  Ohio, 
ed  bylaw.  ^or  tne  satisfaction  of  her  officers  and  soldiers  on  continental  establish- 

ment, and  to  limit  the  period  for  locating  the  said  lands."  shall  be  con- 
sidered and  held  to  be  such  until  otherwise  directed  by  law  :  And  from 
The  line  run  by  tne  aforesaid  Indian  boundary  line  to  the  source  of  the  Sciota  River, 
Cbr.rles  Roberts  the  line  run  by  Charles  Roberts,  in  one  thousand  eight  hundred  and 
TO  be  considered  twelve,  in  pursuance  of  instructions  from  the  commissioners  appointed 
boundary  *        y  on  tne  Par*  of  tne  United  States,  to  establish  the  western  boundary  of 
the  said  military  tract,  shall  be  considered  and  held  to  be  the  westerly 
boundary  line  thereof;  and  that  no  patent  shall  be  granted  on  any  lo- 
Patents  for  lo-  cati°n  and  survey  that  has  or  may  be  made  west  of  the  aforesaid  re- 
cations,  spective  lines,  (a) 

(a)  See  Xos.  1,  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  93,  93.  112,  119.  121,  12*,  146,  154, 
159, 166,  172,  174.  177, 180,  183,  184,  187,  190. 


April  18, 1818.     No.  S3.— AX  ACT  to  suspend  for  a  limited  time,  the  sale  or  forfeiture  of  lands  for 
Vol.  3,  p.  433.  failure  in  completing  the  payment  thereon. 

Operation  of  Be  it  enacted,  #c.,  That  the  operation  of  the  sixth  condition  of  the  fifth 
6th  condition  of  section  of  the  act,  entitled  "An  act  to  amend  the  act,  entitled  'An  act  prp- 
M°'  io°l«?*  hf  viclinS  for  the  sale  of  the  lands  of  the  United  States  northwest  of  the  Ohio 
s/iusp'ended  un-  and  above  the  mouth  of  Kentucky  River,"'  be,  and  the  same  is  hereby, 
til  March  31, 1818.  suspended  until  the  thirty-first  day  of  March  next,  in  favour  of  the  pur- 
chasers of  public  lands  at  any  of  the  land  offices  of  the  United  States :  Pro- 


OHIO.  51 

tided.  That  the  benefit  of  this  act  shall  not  be  extended  to  any  one  pur- 
chaser for  a  greater  quantity  than  six  hundred  and  forty  acres  of  land,  (a) 

(«)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80, 
81,  84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 


No.  S4.— AX  ACT  further  to  suspend,  for  a  limited  time,  the  sale  or  forfeiture  of         ajrcx  3>  ~P' 
lands  for  failure  in  completing  the  payment  thereon. 

Be  it  enacted,  $c.,  That  the   operation  of  the  sixth  condition  of  the     The  operation 
fifth  section  of  the  act,  entitled  "An  act  to  amend  the  act  entitled  'An  of  the  6th  condi- 
act  providing  for  the  sale  of  the  lands  of  the  United  States  north  west  g^Sio^of^heiS 
of  the  Ohio,  and  above  the  mouth  of  Kentucky  River,' "  be,  and  the  same  for  the   saie  Of 
is  hereby,  suspended  until  the  thirty- first  day  of  March,  one  thousand  lands,   &o.,    sus- 
ei^ht  hundred  and  twenty,  in  favour  of  the  purchasers  of  public  lands  pended     until 
at  any  of  the  land  offices  of  the  United  States  :  Provided,  That  the  ben-  |[J™ h3 
efit  of  this  act  shall  not  be  extended  to  any  one  purchaser  for  a  greater  Cha8ers. 
quantity  than  six  hundred  and  forty  acres  of  land,  (a) 

(a)  See  ]STos.   11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81, 
83,85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,132,  133,  145,  155,  158,  175, 185. 


.  S3.— AN  ACT  to  designate  the  boundaries  of  districts,  and  establish  land  offices     March  3, 1819. 


No.  S3.— AJN  ACT  to  designate  tne  boundaries  of  districts,  and  estatmsn  land  omces  ^aruii  o,  ioi» 
for  the  disposal  of  the  public  lands  not  heretofore  offered  for  sale  in  the  States  of  vol.  3,  p.  521. 
Ohio  and  Indiana. 

Be  it  enacted,  tyc.,  That  for  the  sale  of  the  unappropriated  public  lands     Districts  and 
in  the  State  of  Ohio,  to  which  the  Indian  title  is  extinguished,  the  fol-  offices  for  the  sale 
lowing  districts  shall  be  formed,  and  land  offices  therefor  established :  Jjelndiimtitleis 
All  the  public  lands,  as  aforesaid,  lying  between  the  western  boundary  extinguished,  in 
line  of  the  State  of  Ohio,  and  a  north  and  south  line  to  be  drawn  at  Ohio, 
forty-eight  miles  east  of  the  said  boundary  line,  and  bounded  on  the 
south  by  the  Indian  boundary,  established  by  the  treaty  of  Greenville, 
and  on  the  north  by  the  northern  boundary  of  the  State  of  Ohio,  shall 
form  a  district,  for  which  a  land  office  shall  be  established  at  Piqua  :     District     and 
And  all  the  public  lands,  as  aforesaid,  lying  between  the  above-described  land  o  ffi  c  e  at 
district  and  the  western  limits  of  the  Connecticut  Reserve  and  Canton  ^1(lua- 
land  district  as  first  established,  and  bounded  on  the  south  by  the  Indian 
boundary  established  by  the  treaty  of  Greenville,  and  on  the  north  by  the 
northern  boundary  of  the  State  of  Ohio,  shall  form  a  district  for  which  a     District    and 
land  office  shall  be  established  at  the  town  of  Delaware,  (a)    And  for  the  land  office  at  Del- 
disposal  of  the  unappropriated  public  lands  in  the  State  of  Indiana,  to  a^)f  ^ct          d 
which  the  Indian  title  is  extinguished,  the  following  districts  shall  be0giceafor^}ie8^e 
formed,  and  land  offices  established :  All  the  public  lands  as  aforesaid,  of  lands  to  which 
to  which  the  Indian  title  was  extinguished  by  the  treaties  concluded  at  the  Indian  title  is 
St.  Mary's,  in  the  month  of  October,  eighteen  hundred  and  eighteen,  f2£*~hed|  m 
lying  east  of  the  range  line,  separating  the  first  and  second  ranges,  east 
of  the  second  principal  meridian,  extended  north  to  the  present  Indian 
boundary,  and  north  of  a  line  to  be  run,  separating  the  ninth  and  tenth 
tiers  of  townships  north  of  the  base  line,  shall  form  a  district,  for  which 
a  land  office  shall  be  established  at  Brookville  :  And  all  the  public  lands     A  district,  and 
as  aforesaid,  the  Indian  title  to  which  was  extinguished  by  the  treaties  land  office  at 
aforesaid,  and  lying  west  of  the  last- described  district,  shall  form  a  dis-  at^Terre  Haute 
trict  for  which  a  land  office  shall  be  established  at  the  town  of  Terre 
Haute  :  And  all  the  public  lands,  as  aforesaid,  the  Indian  title  to  which 
was  extinguished  by  the  treaties  aforesaid,  lying  east  of  the  second 
principal  meridian,  and  south  of  a  line,  to  be  run,  separating  the  ninth 
and  tenth  tiers  of  townships  north  of  the  base  line,  shall  be,  and  are     Lands  attached 
hereby,  attached  to  the  district  of  Jeffersonville;  and  the  said  lands  to  the  district  of 
shall  be  offered  for  sale  with  the  same  exceptions,  and  on  the  terms  and  Jeffersonville. 
conditions,  in  every  respect,  both  at  public  and  private  sales,  as  is  pro-  feJ^farrote  on 
vided  for  the  sale  of  the  lands  in  the  districts  aforesaid:  Provided  also,  tne  aame  terms, 
That  the  President  of  the  United  States  shall  have  power,  and  he  is  &c. 
hereby  authorized,  to  remove,  whenever  he  shall  judge  it  expedient  so 
to  do,  the  land  office  from  Jeffersonville,  to  some  central  and  suitable 
place  within  the  district. 

SEC.  2.  And  le  it  further  enacted,  That  the  President  is  hereby  author-     The  President, 
ized  to  appoint,  by  and  with  the  consent  and  advice  of  the  Senate,  for  &c.  authorized  to 
each  of  the  districts  aforesaid,  a  register  of  the  land  office  and  receiver  appoint  a  register 
of  public  moneys ;  which  appointments  shall  not  be  made,  for  any  of  the  eJch  district 
aforesaid  respective  land  districts,  until  a  sufficient  qnantity  of  public 
lands  shall  have  been  surveyed  within  such  district,  as  to  authorize,  in 
the  opinion  of  the  President,  a  public  sale  of  land  within  the  same  ; 


58  OHIO. 

which  registers  of  the  land  office  and  receivers  of  public  moneys,  when 
appointed,  shall  each,  respectively,  give  security,  in  the  same  sums,  and 
in  the  same  manner,  and  whose  compensation,  emoluments,  and  duties, 
and  authority,  shall,  in  every  respect,  be  the  same,  in  respect  to  the 
lands  which  shall  be  disposed  of  at  their  offices,  as  are  or  may  be  pro- 
vided by  law  in  relation  to  the  registers  and  receivers  of  public  moneys 
in  the  several  land  offices,  established  for  the  disposal  of  the  public 
lands  of  the  United  States,  in  the  States  of  Ohio  and  Indiana. 

All  the  public      SEC.  3.  And  be  it  further  enacted,  That  all  the  public  lands  within  the 
the  IndLTtitle  aforesaid  several  districts,  to  which  the  Indian  title  has  been  extin- 
has  been  extin-  guished,  and  which  have  not  been  granted  to,  or  reserved  for,  the  use 
guished,  to  be  of-  of  any  individual  or  individuals,  or  appropriated  and  reserved  for  any 
fered  for  sale.       other  purpose,  by  any  existing  treaties  or  laws,  and,  with  the  exception 
of  section  numbered -sixteen,  in  each  township,  which  shall  be  reserved 
for  the  support  of  schools  therein,(&)  shall  be  offered  for  sale,  to  the  high- 
est bidder,  at  the  land  offices  for  the  respective  districts,  under  the  di- 
Under  the  di-  rection  of  the  register  of  the  land  office  and  receiver  of  public  moneys, 
rection^of  thereg-  on  such  day  pr  days  as  shall,  by  proclamation  of  the  President  of  the  United 
lv'  States,  be  "designated  for  that  purpose  :  the  sales  shall  remain  open  at 
Sales  open  for  each  place  for  three  weeks,  and  no  longer ;  the  lands  shall  not  be  sold 
three  weeks.         for  less  than  two  dollars  an  acre ;  and  shall,  in  every  other  respect,  be 
ro   d  ll"        U  8O^  ^n  tracts  °f  the  same  size,  on  the  same  terms  and  conditions  as  have 
been,  or  may  be,  by  law,  provided  for  the  sale  of  the  lands  of  the  United 
States  in  the  States  of  Ohio  a'nd  Indiana.    All  the  public  lands  in  the 
Lands  remain-  said  districts,  witn  these  exceptions  above  mentioned,  remaining  unsold 
ing  unsold  may  at  the  close  of  the  public  sales,  may  be  disposed  of  at  private  sale,  by 
be  sold  at  private  the  register  of  the  respective  land  offices,  in  the  same  manner,  under 
8ale-  the  same  regulations,  for  the  same  price,  and  on  the  same  terms  and 

conditions,  in  every  respect,  as  are  or  may  be  provided  by  law  for  the 
sale  of  the  lands  of  the  United  States  in  the  States  of  Ohio  and  Indiana : 
ate,  in  the  And  patents  shall  be  obtained,  for  the  lands  sold  in  the  said  districts, 
aer,    c.  jn  ^Q  game  manner,  and  on  the  same  terms,  as  are  or  may  be  by  law 
provided  for  other  public  lands  sold  in  the  States  of  Ohio  and  Indiana,  (c) 
The  President      SEC.  4.  And  be  it  further  enacted,  That  the  President   of  the  United 
may  remove  any  States  shall  have  power,  and  he  is  hereby  authorized,  to  remove,  when- 
ficea  &c.  ever  he  8na11  Judge  Jt  expedient  so  to  do,  any  and  each  of  the  land  of- 

fices established  by  this  act,  to  such  suitable  place,  within  the  district 
for  which  it  was  established,  as  he  shall  judge  most  proper,  (a) 

Compensation     SEC.  5.  And  be  it  further  enacted,  That  each  of  the  registersof  the  land 
to  each  register  office,  and  receivers  of  public  moneys,  shall  receive  five  dollars  for  each 
ceiver.        day's  attendance  in  superintending  the  public  sales  in  their  respective 
districts. 

(a)  See  Xos.  21,  25, 29,  30,  32,  35,  39,  41.  44,  47,  52,  59,  65,  76,  79,  80,  81,  88, 90,  99, 104.  132, 

140, 158, 169. 

(6)  See  Xos.  28,  31.  45.  47.  76,  79,  102,  109.  110,  136,  144,  150,  156,  158,  167,  168,  179. 
(c)  See  Xos.  11,  16,  21.  25,  29,  30,  3-2,  36.  39.  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  60.  81, 
83,  84,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  15-.  17 

Feb.  18, 1820.  ^o-  86.— AX  ACT  for  the  relief  of  the  heirs  of  Anthony  Burk . 

YoL6.p.237.         B€  it  enacted,  £c.,  That  the  heirs  of  Anthony  Burk  be  authorized  to 
Authorized  to  euter,  within  twelve  months  from  the  passage  of  this  act,  with  the 
enter  a  tract  of  register  of  the  land  office  at  Chillicothe,  without  payment,  two  quarter- 
land  without  pay-  sections,  within  the  boundaries  of  the  district  of  Chillicothe. 
ment. 

March  30, 1820.  No.  87.— AX  ACT  further  to  suspend,  for  a  limited  time,  the  sale  or  forfeiture  of 
VoL  3,  p.  505.  lands,  for  failure  in  completing  the  payment  thereon. 

*     Be  it  enacted,  $- c.,  That  the  operation  of  the  sixth  condition  of  the  fifth 

lands  ^o'r16 non- section  of  the  act  entitled  "An  act  to  amend  the  act  entitled  "An  act 

payment  sus-  providing  for  the  sale  of  the  lands  of  the  United  States  northwest  of  the 

pended  till  3lst  Ohio,  and  above  the  mouth  of  Kentucky  Eiver,"  be,  and  the  same  is 

March,  1821.         hereby  suspended  until  the  thirty-first  day  of  March,  one  thousand 

eight  hundred  and  twenty-one,  in  favour  of  the  purchasers  of  public 

Proviso-  bene- lan(l8J  at  any  of  tne  land  omces  of  tne  United  States:  Provided,  That 

nt  limited  to  pur-  the  benefit  of  this  act  shall  not  be  extended  to  any  one  purchaser  for  a 

chasers     within  greater  quantity  than  six  hundred  and  forty  acres,  (a) 

(a)  See  Xos.  11, 16,  21,  25, 29,  30,  32.  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81 
85,  88,  90,  99,  102,  108,  111.  113.  126.  130,  132,  133.  145,  155,  158,  175,  185. 


OHIO.  5 

No.  88.— AN  ACT  making  further  provision  for  the  sale  of  the  public  lands.  April  24, 1820. 

Vol.  3,  p.  566. 


SBC.  3.  And  be  it  further  enacted,  That  from  and  after  the  first  day  of  Price  of  lands 
July  next,  the  price  at  which  the  public  lands  shall  be  offered  for  sale,  *J-^  PJr  acre 
shall  be  one  dollar  and  twenty-five  cents  an  acre  ;  and  at  every  public  1820  uly  > 

sale,  the  highest  bidder,  who  shall  make  payment  as  aforesaid,  shall  be 
the  purchaser ;  but  no  land  shall  be  sold,  either  at  public  or  private     ^Q      , 
sale,  for  a  less  price  than  one  dollar  and  twenty-five  cents  an  acre ;  and  iesg   than6  $1  25 
all  the  public  lands  which  shall  have  been  offered  at  public  sale  before  per  acre, 
the  first  day  of  July  next,  and  which  shall  then  remain  unsold,  as  well 
9  the  lands  that  shall  thereafter  be  offered  at  public  sale,  according  to     Lands    offered 
irw,  and  remain  unsold  at  the  close  of  such  public  sales,  shall  be  sub-  at  public   sales, 
j3ct  to  be  sold  at  private  sale,  by  entry  at  the  land  office,  at  one  dollar  and  unsold,  sub- 
and  twenty-five  cents  an  acre,  to  be  paid  at  the  time  of  making  such-J^    *t  &iP5Vate 
entry  as  aforesaid ;  with  the  exception,  however,  of  the  lands  which  acre'. 
may  have  reverted  to  the  United  States,  for  failure  in  payment,  and  of    Exceptions. 

le  heretofore  reserved  sections  for  the  future  disposal  of  Congress,  in 
the  States  of  Ohio  and  Indiana,  which  shall  be  offered  at  public  sale,  as 
lereinafter  directed. 

SEC.  4.  And  be  it  further  enacted,  That  no  lands  which  have  reverted,     i,an(is    revert 
or  which  shall  hereafter  revert,  and  become  forfeited  to  the  United  ed,  &c.,  to  be  of- 
States  for  failure  in  any  manner  to  make  payment,  shall,  after  the  first  fered   at  public 
day  of  July  next,  be  subject  to  entry  at  private  sale,  nor  until  the  same  before  private 
shall  have  been  first  offered  to  the  highest  bidder  at  public  sale ;  andall     s£e  of  lands  re 
such  lands  which  shall  have  reverted  before  the  said  first  day  of  July  next,  verted,   &c.,  be- 
and  which  shall  then  belong  to  the  United  States,  together  with  the  sec-  fore  the  1st  July, 
tions,  and  parts  of  sections,  heretofore  reserved  for  the  future  disposal  *  8  2  °.    a n.d  ro- 
of Congress,  which  shall,  at  the  time  aforesaid,  remain  unsold,  shall  be  served  8ectlons- 
offered  at  public  sale  to  the  highest  bidder,  who  shall  make  payment 
therefor,  in  half  quarter-sections,  at  the  land  office  for  the  respective 
districts,  on  such  day  or  days  as  shall,  by  proclamation  of  the  President     Sale  of    land* 
of  the  United  States,  be  designated  for  that  purpose ;  and  all  lands  reverting,  &c.,  af- 
which  shall  revert  and  become  forfeited  for  failure  of  payment  after  ter  1st  July,  1820. 
the  said  first  day  of  July  next,  shall  be  offered  in  like  manner  at  public 
sale,  at  such  time,  or  times,  as  the  President  shall  by  his  proclamation 
designate  for  the  purpose  :  Provided,  That  no  such  lands  shall  be  sold     All  lamia  uu- 
at  any  public  sales  hereby  authorized,  for  a  less  price  than  one  dollar  sold    at    public 
and  twenty-five  cents  an  acre,  nor  on  any  other  terms  than  that  of  cash  ™av  .be  entered 
payment ;  and  all  the  lands  offered  at  such  public  sales,  and  which 
shall  remain  unsold  at  the  close  thereof,  shall  be  subject  to  entry  at 
private  sale,  in  the  same  manner,  and  at  the  same  price  with  the  other 
lands  sold  at  private  sale,  at  the  respective  land  offices,  (a) 

SEC.  5.  And  be  it  further  enacted,  That  the  several  public  sales  au-     Pnblic  salM  for 
thorized  by  this  act,  shall,  respectively,  be  kept  open  for  two  weeks,  two  weeks    * 
and  no  longer ;  and  the  registers  of  the  land  office  and  the  receivers  of 
public  money  shall,  each,  respectively,  be  entitled  to  five  dollars  for 
each  day's  attendance  thereon. 

SEC.  6.  And  be  it  further  enacted,  That,  in  every  case  hereafter,  where    preference  to 
two  or  more  persons  shall  apply  for  the  purchase,  at  private  sale,  of  the  be  given  to  the 
same  tract,  at  the  same  time,  the  register  shall  determine  the  preference,  highest  bidder, 
by  forthwith  offering  the  tract  to  the  highest  bidder.  (6) 

(a)  See  Nos.  11,  18,  21,  29,  30,  32,  39,  41,  43,  44,  47,  48,  52,  56, 59,  65,  76,  79,  80,  81,  83,  84, 

85,  87,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158, 175,  185. 
(ft)  See  Nos.  21,  25,  29,  30,  32,  35,  39,  41,  44,  47,  52,  59,  65,  76,  79, 80, 81,  85,  90,  99,  104, 132, 

140,  158,  189. 


No.  89.— AN  ACT  for  the  relief  of  John  B.  Regnier.  May  2)  ig20. 

Be  it  enacted,  #o.,  That  John  B.  Regnier,  of  Ohio,  be,  and  he  hereby     YoL  6»  P- 24^ 
is,  authorized  to  locate,  in  the  Marietta  district,  any  unappropriated    Authorized  to 
quarter-section  of  land  which  has  been  offered  for  sale  by  the  United  enter  a  quarter- 
States;  and,  whenever  the  said  Regnier  shall  have  entered  such  quarter-  section  of  land, 
section  with  the  register  of  the  land  office  of  the  said  district,  it  shall  be  &c' 
the  duty  of  the  said  register  to  give  to  him  a  certificate,  describing  the 
quarter-section  so  entered ;  on  the  presentation  of  which  to  the  Commis- 
sioner of  the  General  Land  Office,  a  patent  shall  issue  to  the  said  Reg- 
uier,  for  the  aforesaid  quarter-section  of  land. 


60  OHIO. 

Ma  v  1  1  i**o       No*  90.—  AX  ACT  authorizing  the  sale  of  thirteen  sections  of  land,  lying  within  the 
Vol.  3,  p.  575.  land  district  of  Canton,  in  the  State  of  Ohio. 


I  and  in  the  dis-     ^e  **  ewacied>  ^"CM  That  the  thirteen  sections  of  land  lying  within  the 

trict  of  Canton,  land  district  of  Canton,  (a)  in  the  State  of  Ohio,  which  were  reserved  for 

reserved  by  act  of  the  use  of  certain  persons  of  the  Delaware  tribe  of  Indians,  by  an  act  of 

M?°n  iS  *f  °r'  Congress>  passed  on  the  third  day  of  March,  one  thousand  eight  hundred 

ly  ceded   <fcc!  to  and  8even»  and  were  subsequently  ceded  to  the  United  [States]  by  the 

be  offered  for  sale  eighteenth  article  of  the  treaty  concluded  on  the  twenty-ninth  day  of 

at  Wooster,  &c.    September,  one  thousand  eight  hundred  and  seventeen,  shall  be  offered 

to  public  sale,  by  the  register  and  receiver  of  the  public  moneys  at  the 

land  office  at  Wooster,  on  such  day,  or  days,  as  the  President  shall  des- 

ignate for  that  purpose,  in  the  same  manner,  and  on  the  same  conditions 

and  terms,  as  are  provided  by  law  for  the  sale  of  the  public  lands  of  the 

United  States.  (6) 

(a)  See  Xos.  21,  25,  29,  30,  3-2,  35,  39,  41,  44,  47,  52,  59,  65,  76,  79,  80,  81,  85,  88,  99,  104,  132, 

140,  Io8,  189. 
(6)  See  Xos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81,  83, 

84,  85,  87,  88,  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 


May  15  1820.      *^°*  ^1.— AX  ACT  to  authorize  the  appointment  of  commissioners  to  lay  out  the  road 
Vol.  3  p.  604  therein  mentioned. 

Whereas,  by  the  continuation  of  the  Cumberland  road  from  Wheeling 
in  the  State  of  Virginia,  through  the  States  of  Ohio,  Indiana,  and  Illi- 
nois, the  lands  of  the  United  States  may  become  more  valuable— 
The  President      Be  it  enacted,  £c.,  That  the  President  of  the  United  States  be,  and  he 
to  appoint  three  is  hereby,  authorized  to  appoint  three  impartial  and  judicious  persons, 
nof^Slzens 'of  DOt  beinS  citizens  of  any  of  the  States  aforesaid,  to  be  commissioners, 
Ohio,  Indiana,  or  and>  in  case  of  tne  death  or  resignation  of  any  of  them,  to  appoint  other 
Illinois,  to  exam-  and  like  persons  in  their  place,  who  shall  have  power  carefully  to  exam- 
ine the  country  ine  the  country,  between  Wheeling,  in  the  State  of  Virginia,  and  a  point 
inland  a  point  on  the  lef  *  bank  of  the  MississiPPi  River,  to  be  chosen  by  said  commis- 
oiT  the    Missis-  si°Ders»  between  St.  Louis  and  the  mouth  of  the  Illinois  River,  and  to  lay 
sippi,  &c.,andlay  out  a  road  from  Wheeling  aforesaid,  to  the  point  so  to  be  chosen  on  the 
out  a  road.  left  bank  of  the  river  Mississippi ;  the  said  road  to  be  on  a  straight  line, 

or  as  nearly  so  as,  having  a  due  regard  to  the  condition  and  situation  of 
the  ground  and  water- courses  over  which  the  same  shall  be  laid  out,  shall 
be  deemed  expedient  and  practicable.     And  said  commissioners  shall 
Surveyors,  have  power  to  employ  able  surveyors,  chain-bearers,  and  other  neces- 
chain-bearers)8ary  assistants,  in  laying  out  said  road;  and  so  much  of  the  lands 
Lands  for  the  of  tne  United  States  as  may  be  included  within  the  same,  shall  be,  and 
road    reserved  is  hereby,   reserved  and  excepted  from  the  sales  of  the  public  lands, 
from  sales.  The  said  road  to  be  eighty  feet  wide,  and  designated  by  marked  trees, 

stakes,  or  other  conspicuous  monuments,  at  the  distance  of  every  quarter 
Road  to  be  80  of  a  mile,  and  at  every  angle  of  deviation  from  a  straight  line.    And 
feer  wide,  &c.      the  said  commissioners  shall  cause  to  be  made,  and  delivered  to  the 
road  to  bemade  Presitlent  °f  tne  United  States,  an  accurate  plan  of  said  road,  so  laid 
out.  OQt  by  them  as  aforesaid,  with  a  written  report  of  their  proceedings, 

describing  therein  the  State  lines  crossed,  and  the  marks,  monuments, 
courses,  and  distances,  by  which  the  said  road  shall  be  designated  ;  de- 
ridedL  into  sec-  8cribing.al8O> the  water- courses,  and  the  nature  and  quality  of  the  ground 
tions,  with  notice  over  which  the  same  shall  be  laid  out ;  they  shall,  moreover,  divide  said 
of  materials  for  road  into  sections  of  not  more  than  ten,  nor  less  than  five,  miles  long, 
making  each,  and  noticing  the  materials  that  may  be  used  in  making,  and  giving  an 

estimate  of  the  expense  of  making,  each  section  of  the  road  aforesaid. 
Commissioners,      SEC.  2.  And  be  it  further  enacted,  That  the  commissioners,  surveyors, 
<fcc.,  to  take  an  chain- bearers,  and  other  necessary  assistants,  to  be  appointed  in  pursu- 
ance of  this  act,  shall  severally  take  an  oath,  or  affirmation,  faithfully 
and  diligently  to  perform  their  respective  duties,  and  shall  receive,  in 
Compensation.   ful^  compensation  for  their  services  and  expenses,  each  commissioner  six 
dollars,  each  surveyor  three  dollars,  and  each  other  necessary  assistant 
one  dollar,  for  each  day  in  which  they  shall  be  necessarily  employed  in 
Proviso.  tl^e  service  aforesaid :  Provided  always,  and  it  is  liereby  enacted  and  de- 

clared, That  nothing  in  this  act  contained,  or  that  shall  be  done  in  pur- 
suance thereof,  shall  be  deemed  or  construed  to  imply  any  obligation 
on  the  part  of  the  United  States  to  make,  or  to  defray  the  expense 
of  making,  the  road  hereby  authorized  to  be  laid  out,  or  of  any  part 
thereof. 


OHIO. 

SEC.  3.  And  le  it  further  enacted,  That  ten  thousand  dollars,  to  be  paid     Appropriation 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  be,  and  £| out ttieroaS; 
are  hereby,  appropriated  to  defray  the  expense  of  laying  out  the  road 
aforesaid. 

No.  92.— AN  ACT  granting  to  the  State  of  Ohio  the  right  of  pre-emption  to  certain     May  15,  1S20. 
quarter-sections  of  land.  Vol.  3,  p.  607. 


Be  it  enacted,  fc.,  That  there  be  granted  to  the  State  of  Ohio,  at  the     Right  of  pre- 
minimum  price  for  which  the  public  lands  are  sold,  the  right  of  pre-  emption  at  rnini- 
emption  to  one  quarter-section,  in  or  near  the  centre  of  each  county,  in-  J55nqlj££.ae£ 
eluded  in  the  purchase  recently  made  of  the  Indians,  by  the  treaty  con-  tion  in  the  con- 
cluded at  St.  Mary's,  on  the  twentieth  day  of  September,  one  thousand  tre  of  each  coun- 
eight  hundred  and  eighteen,  for  the  establishment  of  a  seat  of  justice  ty,   in  the  pur- 
in  the  said  counties:  Provided,  The  purchase  be  made  before  the  com-  SSStrXyXsJ." 
mencement  of  the  public  sales:  And  provided  also,  That  the  proceeds  of  Mary's,   granted 
the  sale  of  each  quarter- section,  which  may  be  made  under  the  author-  to  Ohio,  for  a  seat 
ity  of  the  State  of  Ohio,  shall  be  appropriated  for  the  purpose  of  erect-  of  justice, 
ing  public  buildings  in  said  counties,  respectively,  after  deducting  there-     proviso 
from  the  sums  originally  paid  by  the   State  aforesaid :   And  provided 
further,  That  the  seat  of  justice  for  said  counties,  respectively,  shall  be 
fixed  on  the  lands  so  selected. 

No.  93.— AN  ACT  to  extend  thet  ime  for  locating  Virginia  military  land- warrants,     Feb.  9,  1821. 
and  returning  surveys  thereon  to  the  General  Land  Office.  Vol.  3,  p.  612. 


Be  it  enacted,  #c.,  That  the  officers  and  soldiers  of  the  Virginia  line     Time    allowed 
on  continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty  until    Jan.    4th 
lands  within  the  tract  of  country  reserved  by  the  State  of  Virginia,  be-  Brants     and 
tween  the  Little  Miami  and  Sciota  rivers,  shall  be  allowed  a  further  time  complete      loca- 
of  two  years,  from  the  fourth  day  of  January,  one  thousand  eight  hun-  tions ;  and  until 
dred  and  twenty-one,  to  obtain  warrants  and  complete  their  locations,  4th  Jan.,  1826,  to 
and  the  further  time  of  four  years,  from- the  fourth  day  of  January,  one  and  Warrants6 to 
thousand  eight  hundred  and  twenty-two,  to  return  their  surveys  and  procure  patents, 
warrants,  or  certified  copies  of  warrants,  to  the  General  Land  Office,  to 
obtain  patents. 

SEC.  2.  And  le  it  further  enacted,  That  the  provisions  of  the  act,  enti-     The  provisions 
tied  "An  act  authorizing  patents  to  issue  for  lands  located  and  surveyed  °J  tn®  &fL°f  ^e 
by  virtue  of  certain  Virginia  resolution  warrants,"  passed  the  third  day  viv^  with  jinii] 
of  March,  one  thousand  eight  hundred  and  seven,  shall  be  revived  and  tation,  as  to  time- 
in  force,  with  all  its  restrictions,  except  that  the  respective  times  al-  as  in  the  preced- 
lowed  for  making  locations,  and  returning  surveys  thereon,  shall  be  ins  section,  &c. 
limited  to  the  terms  prescribed  by  the  first  section  of  this  act,  for  the 
location  and  return  of  surveys  on  other  warrants,  and  that  the  surveys 
shall  be  returned  to  the  General  Land  Office :  Provided,  That  no  locations     proviso ;  no  lo- 
as  aforesaid,  in  virtue  of  this  or  the  preceding  section  of  this  act,  shall  cation  on'  tracts 
be  made  on  tracts  of  land  for  which  patents  had  previously  been  issued,  previously     pat- 
or  which  had  been  previously  surveyed ;  and  any  patent  which  may,  ®Jted  or  survey- 
nevertheless,  be  obtained  for  land  located  contrary  to  the  provisions  of 
this  act,  shall  be  considered  null  and  void,  (a) 

(a)  See  Nos.  1, 8, 22, 27, 32, 35,  45, 46, 51, 58, 64,  66,  82, 98, 112, 119, 121, 128, 146, 154, 159, 166, 
172, 174, 177, 180, 183, 184, 187, 190. 


No.  94.— A1ST  ACT  for  the  relief  of  Benjamin  Stephenson.  May  7>  1822 

Be  it  enacted,  fc.,  That  Benjamin  Stephenson,  of  the  State  of  Illinois,     VoL  6»  P- m 
be,  and  is  hereby,  authorized  to  locate  four  hundred  and  ninety-five  acres     Authorized  t  o 
of  any  of  the  unappropriated  lands  lying  within  the  military  reserve,  locate  495   acres 
between  the  rivers  Sciota  and  Little  Miami,  in  the  State  of  Ohio,  which  of  any  unappro- 
shall  be  in  full  satisfaction  of  the  claim  of  the  said  Benjamin  Stephen-  fn"    ^ithhi    the 
son,  as  the  legal  representative  of  George  Hite,  to  whom  the  same  quan-  mTlitary   r  e  - 
tity  of  land  was,  on  the  fourteenth  day  of  September,  seventeen  hun-  serve,  in  full  sat- 
dred  and  eighty-seven,  patented  by  the  State  of  Virginia,  for  his  serv-  inaction  of    hi* 
ices  in  the  Virginia  continental  line  during  the  revolutionary  war,  and    ' 
which  was  transferred  to  the  said  Benjamin  Stephenson  by  a  regular 
deed  of  conveyance  from  the  said  George  Hite,  and  of  which  he  was 
afterwards  evicted  by  virtue  of  a  prior  grant  of  the  same  land ;  and  the 
said  Benjamin  Stephenson,  or  his  legal  representatives,  shall  obtain  a 
patent  therefor,  in  the  manner  prescribed  by  law  for  issuing  patents 
upon  warrants  located  within  the  said  reserve. 


62  OHIO. 

May  7, 1822.  No.  95.— AX  ACT  vesting  in  the  commissioirers  of  the  counties  of  Wood  and  San- 
VoL  6,  p.  276.  dusky,  the  right  to  certain  lots  in  the  towns  of  Perrysburgh  and  Croghansville,  in 
the  State  of  Ohio,  for  county  purposes. 


The  right  to  Be  it  enacted,  <$~c.,  That  the  right  to  all  the  unsold  town  lots  and  out- 
unsold  town  lots,  lots  in  the  town  of  Perrysburgh  be,  and  the  same  is  hereby,  vested  in 
bur«h  nandCro-  tne  commissioners  of  Wood  County,  in  the  State  of  Ohio ;  and  the  right 
ghansville,  vest-  *°  a^  the  unsold  town  lots  and  out-lots  in  the  town  of  Croghansville  be, 
ed  in  the  com-  and  the  same  is  hereby,  vested  in  the  commissioners  of  Sandusky  Coun- 
missioners  o  f  ty,  in  said  State;  on  condition  that  said  commissioners  shall  perma- 
du^kv  Counties"  nently  locate  the  seat  of  justice  for  their  respective  counties  at  said 
&c.  "  towns ;  and  that  the  nett  proceeds  of  the  sales  of  so  many  of  said  lots 

as  are  necessary  to  be  retained  for  the  purpose  of  erecting  public  build- 
ings thereon,  be  applied  to  the  erection  and  improvement  of  the  public 
buildings  and  squares  in  said  towns  respectively,  (a) 

(a)  See  Nos.  155,  163, 186. 

May  7, 1822.  Wo.  96.— AX  ACT  for  the  relief  of  Samuel  Ewings. 

Vol.  6,  p.  276.         Be  it  enacted,  j-c.,  That  the  Secretary  of  the  Treasury  cause  to  be 
Patent  for  land  issued  to  Samuel  E  wings,  or  his  legal  representatives,  upon  application, 
to  be  issued  to  a  patent  for  five  hundred  acres  of  land,  situated  on  the  Miami  of  the 
him.  Lake,  it  being  the  same  tract  which  was  confirmed  to  him  under  an  act, 

entitled  "An  act  regulating  the  grants  of  land  in  the  Territory  of  Mich- 
igan," passed  the  third  of  March,  one  thousand  eight  hundred  and 
seven :  and  for  which  he  holds  the  register's  certificate,  numbered  five 
hundred  and  seventy-eight,  (a) 

(a)  See  No.  149. 

Feb  28  1823       Wo.  97. — AX  ACT  for  laying  out  and  making  a  road,  from  the  lower  rapids  of  the 

Vol.  3  p.  727.          Miami  of  Lake  Erie  to  the  western  boundary  of  the  Connecticut  Western  Reserve, 

'  in  the  State  of  Ohio,  agreeable  to  the  provisions  of  the  treaty  of  Brownstown. 


lioad  from  the  Be  [t  enactcd,  fc.,  That  the  State  of  Ohio  is  hereby  authorized  to  lay 
the*  Miami  of  out'  °Pen>  and  construct,  a  road,  from  the  lower  rapids  of  the  Miami  of 
Lake  Erie,  to  Lake  Erie,  to  the  western  boundary  of  the  Connecticut  Western  Reserve, 
Connecticut  in  such  manner  as  the  legislature  of  said  State  may  by  law  provide, 
western  reserve.  wifn  tne  approbation  of  the  President  of  the  United  States ;  which 

road,  when  constructed,  shall  forever  remain  a  public  highway. 

Land  granted  SEC.  2.  And  be  it  further  enacted,  That,  in  order  to  enable  the  State  of 
for  the  road,  and  Ohio  to  open  and  construct  said  road,  a  tract  of  land,  one  hundred  and 
expenses.  twenty  feet  wide,  whereon  to  locate  the  same,  together  with  a  quantity 

of  land  equal  to  one  mile  on  each  side  thereof,  and  adjoining  thereto, 
to  be  bounded  by  sectional  lines  as  run  by  the  United  States,  to  defray 
the  expenses  of  making  the  said  road,  is  hereby  granted  to  said  State ; 
to  commence  at  the  Miami  rapids,  and  terminate  at  the  western  bound- 
ary of  the  Connecticut  Western  Reserve,  with  full  power  and  authority 
to  sell  and  convey  the  same,  and  apply  the  proceeds  to  the  making  of 
said  road :  and  in  case  the  said  tract  of  land  shall  sell  for  a  greater  sum 
than  shall  be  sufficient  to  complete  such  road,  then  the  residue  thereof 
shall  remain  with  the  State  of  Ohio,  as  a  fund  for  the  purpose  of  keep- 
Proviso.  «  ing  said  road  in  repair :  Provided.  That  said  road  shall  be  made  within 
Proviso.  the  term  of  four  years  from  the  passage  of  this  act :  And  provided,  None 

of  the  land  hereby  appropriated  for  making  said  road  shall  be  sold  for 
a  less  price  than  one  dollar  and  twenty-five  cents  per  acre. 

Lands  sold  to     SEC.  3.  And  be  it  further  enacted,  That,   in  case  any  of  the  lands, 

be  paid  for  at  a  through  which  it  may  be  thought  expedient  to  open  said  road,  may 

m  1<lce<   have  been  previously  sold  by  the  United  States,  the   Secretary  of  the 

Treasury  is  hereby  directed  to  pay  such  officer  as  the  State  of  Ohio  may 

appoint  for  that  purpose,  the  net  proceeds  of  the  sales  of  the  quantity 

thus  sold  at  a  minimum  price. 

When  the  gov-     SEC.  4.  And  be  it  further  enacted,  That,  whenever  the  governor  of  the 
ernor  of   Ohio  State  of  Ohio  shall  have  laid  before  the  President  of  the  United  States 
rve  Pr°andCe  an  a  survey  of  the  location  of  said  road,  accompanied  by  an  act  of  said 
actVof  the  State  State  accepting  said  trust,  and  providing  for  making  said  road  within 
shall  accept  the  the  time  above  limited,  and  the  President  shall  have  approved  the  same, 
trust,  the  Presi-  then  the  right  of  the  State  to  said  tract  of  land  shall  be  considered  as 
the1  ale  of  uSS?  complete  for  the  purposes  aforesaid ;  and  the  President  shall  direct,  that, 
until  the  first  day  of  June,  one  thousand  eight  hundred  and  twenty- 
three,  none  of  the  public  lands  shall  be  sold  within  three  miles  on  each 
side  of  a  line,  to  be  drawn  direct  from  the  foot  of  the  rapids  of  the 


OHIO.  63 

Miami  of  Lake  Erie  to  the  lower  rapids  of  Sandusky,  thence  to  the 
western  boundary  of  the  Connecticut  Western  Reserve :  Provided,  That    Proviso, 
nothing  in  this  act  contained,  shall  ever  hereafter  be  construed  to  im- 
ply any  obligation  upon  the  United  States  to  grant  additional  lands,  or 
further  aids  of  any  sort,  towards  the  opening,  making,  or  keeping  in 
repair,  of  the  road  aforesaid,  (a) 
(a)  See  Xos.  53,  72, 147,  163. 


. 

lai 
th 


No.  9S.— AN  ACT  extending  the  time  for  locating  Virginia  military  land-warrants,     March  1,  1823. 
and  returning  surveys  thereon  to  the  General  Land  Office.  vol.  3,  p.  772. 

Be  it  enacted,  <fc.,  That  the  officers  and  soldiers  of  the  Virginia  line,  on     TWO  years  al- 
,,je  continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty  lowed  to  officers 
lands  within  the  country  reserved  by  the  State  of  Virginia,  between  and    s°ldie.r8  °f 
the  Little  Miami  and  Scioto  rivers,  shall  be  allowed  a  further  time  of  f{ J,er     SSainine 
two  years,  from  the  fourth  day  of  January,  one  thousand  eight  hun-  warrants, 
dred  and  twenty- three,  to  obtain  warrants,  and  to  complete  their  loca- 
tions ;  and  the  further  time  of  four  years,  from  the  fourth  day  of  Jan- 
uary, one  thousand  eight  hundred  and  twenty-three,  to  return  their 
surveys  and  warrants,  or  certified  copies  of  warrants,  to  the  General 
Land  Office,  to  obtain  patents. 

SEC.  2.  And  be  it  further  enacted,  That  the  provisions  of  the  act,  enti-     Provisions    of 
tied  "An  act  authorizing  patents  to  issue  for  lands  located  and  surveyed  the  act  of  March 
by  virtue  of  certain  Virginia  resolution  warrants,"  passed  the  third  day  3>  1S07>  revive(^ 
of  March,  one  thousand  eight  hundred  and  seven,  shall  be  revived,  and 
in  force,  with  all  its  restrictions,  except  that  the  respective  times  al- 
lowed for  making  locations,  and  returning  surveys  thereon,  shall  be 
limited  to  the  terms  prescribed  by  the  first  section  of  this  act,  for  the 
location  and  return  of  surveys  on  other  warrants  ;  and  that  the  surveys 
shall  be  returned  to  the  General  Land  Office :  Provided,  That  no  locations,    Proviso, 
as  aforesaid,  in  virtue  of  this  or  the  preceding  section  of  this  act,  shall 
be  made  on  tracts  of  lands  for  which  patents  had  previously  been  issued, 
or  which  had  been  previously  surveyed ;  and  any  patent,  which  may 
nevertheless  be  obtained  for  land  located  contrary  to  the  provisions  of 
this  act,  shall  be  considered  null  and  void. 

SEC.  3.  And  be  it  further  enacted,  That  no  holder  of  any  warrant  which     Holders  of  war- 
has  been,  or  may  be,  located,  shall  be  permitted  to  withdraw  or  remove  rants  not  permit- 
the  same,  and  locate  it  on  any  other  land,  except  in  cases  of  eviction,  in  ted*0  remove  lo- 
consequence  of  a  legal  judgment  first  obtained,  or  unless  it  be  found  to  ca 
interfere  with  a  prior  location  and  survey  ;  nor  shall  any  lands  hereto- 
fore sold  by  the  United  States,  within  the  boundaries  of  said  reserva- 
tion, be  subject  to  location  by  the  holder  of  any  such  unlocated  war- 
rant, (a) 

(a)  SeeNos.  1,  8, 22, 27,  32,  35,  45,  46,  51, 58,  64,  66,  82,  93, 112, 119, 121, 128, 146,154, 159, 166, 
172, 174, 177, 180, 183, 184, 187, 190. 


No.  99.— AN  ACT  supplementary  to  the  act  entitled  "An  act  to  designate  the  bound-  March  3  1823. 
aries  of  districts,  and  establish  land  offices  for  the  disposal  of  the  public  lands,  not  Vol  3  p  783 
heretofore  offered  for  sale,  in  the  States  of  Ohio  and  Indiana." 


[See  INDIANA,  No.  238.] 

No.  100.— AN  ACT  for  the  relief  of  Joshua  Eussell.  March  3,  1823. 

Be  it  enacted,  $c.,  That  it  shall  and  may  be  lawful  for  Joshua  Russell,     YoL  6»  P-  286- 
at  any  time  before  the  thirtieth  day  of  September  next,  to  file  with  the     Allowed  to  re- 
register of  the  land  office    at  Marietta,  in  the  State  of  Ohio,  a  relin-  linquish   certain 
quishment,  in  writing,  of  a  quarter-section  of  the  land  mentioned  and  lan«- 


64  OHIO. 

the  said  fractional  quarter-section  of  land,  calculated  at  the  price  stated 
in  said  certificate,  with  interest,  at  the  rate  of  six  per  centum  per  annum, 
upon  such  balance,  from  the  thirtieth  day  of  September,  eighteen  hun- 
dred and  twenty-one,  then  the  said  Joshua  Knssell,  or  his  assignee,  or 
other  legal  representative,  shall  be  entitled  to  receive  a  patent  for  the 
said  fractional  quarter-section  of  land. 


Jan.  19,  1824.  No.  101.— AK  ACT  for  the  relief  of  William  Kendall. 

>o  .  6,  p.  292.  P       T^  \viHiarn  Kendall  be,  and  he  is  hereby  author- 


To    enter    va-  ized,  as  soon  as  he  shall  have  relinquished  to  the  United  States,  by  a 

cant  land   with-  deed  duly  executed,  all  his  right,  title,  and  interest,  in,  and  to,  the  north- 

1      '  east  quarter  of  section  fourteen,  township  four,  range  nineteen,  in  the 

Chillicothe  district,  to  enter,  without  payment,  with  the  register  of  said 

district,  any  vacant  quarter-section,  situated  within  the  same;  and  he 

shall  be  entitled  to  a  patent  therefor,  as  in  other  cases. 


ay  2 
ol.  4, 


No.  102.—  AX  ACT  providing  for  the  disposition  of  three  several  tracts  of  land  in 
p.  56.  Tuscarawas  County,  in  the  State  of  Ohio,  and  for  other  purposes. 


Three  tracts  of  Be  it  enacted,  $c.,  That  the  three  several  tracts  of  land,  lying  in  the 
land  in  the  coun-  county  of  Tuscarawas,  in  the  State  of  Ohio,  lately  retroceded  to  the  United 
was  OhioUtoabe  States  bJ  tne  Society  of  United  Brethren  for  propagating  the  Gospel 
surveved '  and  among  the  Heathen,  (a)  shall  be  surveyed  and  laid  off  into  such  lots,  having 
laid  off  into  lots,  regard  to  the  existing  surveys  and  improvements  thereon,  as  will  best 
Proviso.  conduce  to  the  sale  thereof :( 5)  Provided,  That  thelots  and  tracts  which  the 

United  States  are  bound  to  convey  to  the  said  society,  shall  be  laid  off  ac- 
cording to  the  contract  for  retrocession:  And  provided,  also,  That  a  suit- 
able number  of  in-lots  and  out-lots,  in  the  town  of  Gnadenhutten,  shall 
be  laid  off  for  said  town,  embracing  the  improved  part  thereof,  and  the 
fields  adjoining,  now  occupied  by  the  inhabitants,  which  shall  be  platted 
and  numbered,  and  a  copy  recorded  in  said  county,  according  to  the 
laws  of  Ohio. 

An  agent  to  be  SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
appointed  to  re-  8nan  |)6)  anfl  j8  hereby,  authorized  to  appoint  an  agent,  who  shall  reside 
land  •  duty  of!"  near  the  8aid  land,  whose  duty  it  shall  be  to  superintend  and  direct  the 
survey  of  said  land  and  lots ;  to  receive  and  pay  over  to  the  Treasury  the 
rents  due,  and  to  become  due,  on  said  lands ;  to  take  possession  of  such 
parts  of  said  lands  as  may  be  forfeited  by  the  tenants,  by  reason  of  non- 
performance  of  the  covenants  in  their  leases,  to  ascertain  the  actual 
cash  value  of  each  of  the  lots  and  town  lots,  with  the  improvements  there- 
on, and,  also,  the  value  of  each,  subject  to  the  conditions  of  the  lease 
outstanding  on  it,  by  the  aid  of  two  disinterested  appraisers,  to  be  selected 
by  the  Secretary  of  the  Treasury,  to  ascertain  the  award  to  be  made  to 
Isaac  Simners,  Jesse  Walton,  Barzillai  Walton,  Jesse  Hill,  and  Boaz 
Walton,  according  to  their  leases  ;  to  receive  a  surrender  of  such  of  the 
leases  outstanding  on  such  lands  as  the  holders  thereof  maybe  disposed 
to  make,  who  have,  or  shall  first  comply  with  the  conditions  of  their 
leases,  up  to  the  time  of  the  surrender ;  to  superintend  the  sale  of  said 
lands  and  lots,  and  to  transfer  to  the  purchasers  who  shall  buy  any  of 
said  land  or  lots,  subject  to  the  leases  thereon,  the  lease  of  the  lot  or 
land  so  bought ;  and  to  do  whatever  else  may  be  necessary  to  effect  a 
speedy  and  advantageous  disposition  of  said  lands  and  lots.' 

A  right  of  pre-      SEC.  3.  And  be  it  further  enacted,  That  a  right  of  pre-emption  shall  be 
emption  to  be  al-  allowed  to  John  Andreas,  John  Neigaman,  Jacob  Winsh,  and  Catharine 
drlfs  and  others"  Tschudy»  at  the  real  cash  value  of  the  lots  occupied  by  them  according 
'"'  to  the  stipulations  of  the  said  agreement  for  retrocession,  and  to  any  of 
the  lessees,  for  any  lot  embracing  their  lease;  and,  also,  to  the  said  So- 
ciety of  United  Brethren,  for  any  of  the  remaining  lots,  or  town  lots, 
to  an  amount  not  exceeding  the  amount  stipulated  to  be  paid  to  them 
Proviso.  by  the  United  States :  Provided,  That  any  of  the  persons  entitled  to  pre- 

emption, who  shall  be  desirous  to  avail  themselves  of  such  right,  shall 
give  notice  to  the  said  agent  of  such  their  intention  before  the  cash  value 
of  the  lots  is  ascertained ;  and,  in  the  case  of  the  lessees,  shall,  at  or 
before  the  time  of  giving  such  notice,  pay  all  arrears  of  rent,  and  surren- 
der their  leases ;  and  shall,  immediately  after  the  said  cash  value  is 
ascertained,  be  entitled  to  a  patent  for  the  lot  or  land  to  which  they  are 
entitled,  as  aforesaid,  on  paying  the  amount  of  such  cash  value;  or,  in  the 
case  of  the  society,  on  their  executing  and  delivering  to  said  agent  a 


OHIO. 


65 


^discharge  to  the  Umtol  States,  fcrrso  much  as^said left t>r  laud,  whereto 
a  pre-emption  is  claimed,  shall  amount  to,  on  account  of  any  sum  to 
become  due  them  by  reason  of  the 'stipulations  in  said  retrocession ;  and 
no  right  to  su<ch  -pre-emption  snail  he  considered  as  extending  beyond 
the  time  of  commencing  the  sataof  said  lauds,  as  hereinafter  directed. 

SEC.  4.  And  be  tt/wtlier  enacted,  That  the  Secretary  of  the  Treasury     T  he     uaual 
may  cause  to  be  designated  and  allowed  for  public  use,  the  usual  ground  'ground      for 
for  streets  arad. alleys  in  said  town,  for  public  ground,  and  for  schools:  streets  and  alleys 
and  may,  moreover,  cause  tolbe  designated  and  set  apart,  one  lot  in  each  j£  ^ifo^d*1  f*J 
of  said  tracts,  not  exceeding  one  thirty-sixth  part  of  each,  the  title  pub]ic  uge 
whereof  shall  be  vested  in  the  legislature  of  the  State  of  Ohio,  and  held 
in  trust  tor  the  use  of  schools,  in  the  same  manner  as  other  lands  granted 
by  the  United  ^States  for  the  use  of  schools,  -are  held  in  that  State,  (c) 

SEC.  5.  An&be -it-further  ^enacted,  That,  -immediately  after  the  said  sur-     After  the  sur- 
veys shall  be  completed,  ithe  cash  value  ascertained,  and  the  school  lands  ^se  a2Jrtain- 
designated,  the  said  agents  shall  give  notice,  by  advertisement  in  one  ed      an(j     the 
newspaper  in W-ashingtonCity,  andone  in'Steubenville,  one  in  Zanesville,  school  lands  des- 
and  one  in  New  Philadelphia,  Ohio,  of  the  time,  not  less  than  sixty  days  ignmtfcd.    the 
from  the  first  publication,  when  he  will  offer  the  said  lands  and  lots  for  JfJPJ     throSb 
sale,  at  public  vendue,  at  the  court-house  in  New  Philadelphia  aforesaid ;  certain    newspa- 
aud  shall,  at-snch  time  and  place,  proceed  to  offer  for  sale,  to  the  highest  pers. 
bidder,  any  of  said  land«  or  lots,  remaining  undisposed  of,  in  the  manner 
hereinbefore  provided  for:  and  none  of  said  lots,  or  land,  shall  be  put 
up  at  a  less  sum  than  the  actual  cash  value  ascertained  as  aforesaid; 
and  in  case  any  of  said  lessees  shall  have  failed,  or  refused  to  surrender 
their  leases,  the  sale  shall  be  made  subject  to  those  leases ;  and  each         e 
purchaser  who  may  purchase  at  such  sale,  shall  immediately  pay  to  the 
said  agent  <the  amount  of  his  purchase,  and  take  his  receipt  for  the 
amount,  specifying  the  lot  or  land  purchased ;  upon  which  the  purchaser 
shall  be  entitled  to  a  patent  as  other  purchasers  of  public  lands  are :  but 
in  case  any  purchaser  shall  fail  to  make  his  payment  as  aforesaid,  at  or 
before  the" close  of  the  sale,  he  shall  be  considered  as  having  forfeited 
his  purchase,  and  the  land  struck  off  to  him  shall  be  again  offered  for 
sale,  in  the  rsarne  manner  as  if  it  had  never  been  struck  off:  and  the 
said  agent,  immediately  after  the  close  of  such  sale,  shall  pay  over  the 
money  received  at  such  sale,  and  for  rent,  to  the  United  States,  and  re- 
port all  his  proceedings  to  the  Oeneral  Land  Office ;  and  the  President 
shall  be,  and  he  is  hereby,  authorized,  whenever  the  boundaries  of  the 
several  lots  stipulated  to  be  conveyed  to  the  said  society  shall  be  ascer- 
tained, to  issue  patents  therefor  to  said  society,  (d) 

SEC.  6.  And  be  U  further  enacted,  That  the  agent  herein  provided  for,     Said  agent   to 
shall  take  an  oath  of  office,  and  give  bond  and  security,  in  such  sum  take  an  oa*h  an<* 
and  form  as  the  Secretary  of  the  Treasury  may  direct,  and  be  allowed  glTo  receive^GOO 
and  paid  for  his  services  a  salary  at  the  rate  of  six  hundred  dollars  per  per  annum, 
annum:  .Provided,  That  said  office  shall  not  continue  longer  than  is     Proviso, 
necessary  to  perform  theduties  herein  required,  and  not  longer  than  one 
.year ;  and  said  salary,  together  with  the  incidental  expenses  attending 
the  said  survey  and  sale,  shall  be  charged  to  the  fund  to  be  raised  by 
the  sale  of  said  lots  and  land.     The  said  appraisers  shall  be  allowed  the 
:sum  of  two  dollars  for  each  day  actually  employed  in  the  appraisement 
aforesaid,  and  neither  the  said  agent  nor  appraisers  shall  be  at  liberty 
•to  purchase  any  of  the  said  lands  or  lots. 

SEC.  7.  And  be  it  furtJter  enacted,  That,  if  any  of  such  land  or  lots  re-     Any    land    or 
main  unsold  at  public  auction,  as  aforesaid,  the  same  shall  be  subject  to lots  , ,  remaining 
entry  and  sale  at  the  land  office  in  Zanesville,  in  Ohio,  at  the  actual  auction,  shall  be 
cash  price,  ascertained  as  aforesaid,  in  the  same  manner  that  other  lands  subject'  to  entry 
of  the  United  States  are  authorized  to  be  entered ;  and  it  shall  be  the  »Q<1  sale,  at  the 
duty  of  the  accounting  officers  of  the  Treasury  Department  to  keep  a~         ?1j6     m 
separate  account:  of  the  proceeds  of  the  lots  and  lands  aforesaid,  and  of 
all  moneys  received  and  disbursed  on  account  thereof ;  and,  after  the 
expenses  of  survey  and  sale  of  said  lots  and  land  shall  be  reimbursed,  it 
shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  pay  to  the  said     Duty  of  the  ac- 
society  the  sums  stipulated  to  be  paid  them,  and  for  which  they  shall  ^J^m8  officers 
not  have  taken  lands  and  lots  as  hereinbefore  provided  for :  to  pay  to  ot 
the  said  Simners,  Hill,  and  Waltons,  the  sums  awarded  to  them ;  and 
then  to  credit  the  residue  of  the  proceeds  of  said  lots  and  lands,  as  they 
shall  be  received,  to  the  fund  for  raising  the  annuity  for  the  Christian 
Indians,  so  called  in  the  manner  stipulated  in  the  agreement  entered 
into  with  them  on  the  eighth  of  November,  one  thousand  eight  hundred 
and  twenty-three. 

5  L  O — VOL,  II 


66  OHIO. 

Course  to    be     SEC.  8.  And  le  it  further  enacted,  That,  whenever  the  said  Christian 
pursued  by  the  Indians  shall  notify  the  President  of  the  United  States,  that  they  wish 
President  in  case  to  remove  from  their  present  residence  on  the  river  Thames,  into  the 
dian*  feel  adis-  territory  of  the  United  States,  it  shall  be  lawful  for  the  President  to 
position    to    re-  designate  a  reservation  of  not  less  than  twenty  four  thousand  acres  of 
move  from  their  land,  to  be  held  by  the  said  Indians  in  the  usual  manner  of  Indian  re- 
residence  on  the  serrations,  so  long  as  they  shall  live  thereon  ;  and  from  the  time  said 
Indians  shall   remove  on  to  said  reservation,  the  said  annuity  shall 
cease. 

(a)  See  Xos.  12,  111,  113.  176. 

(6)  See  Xos.  11,  12.  13,  21.  23,  25.  32,  36,  37,  4-2.  65,  76,  79,  81,  119,  158. 

(c)  See  Xos.  2*.  31.  40.  47,  76.  79,  85,  109,  110,  136,  144,  150,  156,  158,  167,  168,  179. 

(d)  See  Xos.  11.  16.  21.  25.  29,  30,  32,  36,  39,  41,  43,  44.  47,  48,  52,  5l5,  59,  65,  76,  79,  80,  81, 

83,  84,  85,  87,  88,  90,  99,  108,  111,  113,  126,  130,  132,  133,  1  45,  155.  158,  175,  185. 


May  26. 1824.      NO.  103.— AX  ACT  to  authorize  the  President  of  the  United  States  to  enter  into  cer- 
V ol.  4,  p.  70.  tain  negotiations  relative  to  lands  located  under  Virginia  mili  tary  laud- warrants 

lying  between  Lndlow's  and  Robert's  lines,  in  the  State  of  Ohio. 

The  President     Be  it  enacted,  fc.,  That  the  President  of  the  United  States  shall  be, 
ce~t -ain1Zfhe  num  anc^  ne  *8  nere°y>  authorized  to  ascertain  the  number  of  acres,  and,  by 
ber  of  acres  of  appraisement  or  otherwise,  the  value  thereof,  exclusive  of  improve- 
land  lying  be-  ments,  of  all  such  lands  lying  bet  ween  Ludlow's  and  Robert's  lines,  in  the 
tween   !Ludlow;s  state  of  Ohio,  as  may,  agreeably  to  the  principles  of  a  decision  of  the 
fines  in  Ohio     8  Supreme  Court  of  the  United  States,  in  the  case  of  Doddridge's  Lessee, 
against  Thompson  and  Wright,  be  held  by  persons  under  Virginia  mili- 
tary warrants,  and  on  what  terms  the  holders  will  relinquish  the  same 
to  the  United  States,  and  that  he  report  the  facts  at  the  commencement 
of  the  next  session  of  Congress,  (a) 
(a)  See  Xos.  122,  125- 


May  26, 1824.      No.  104.— AX  ACT  reserving  to  the  Wyandot  tribe  of  Indians  a  certain  tract  of  land, 
Vol.  4.  p.  75.  in  lieu  of  a  reservation  made  to  them  by  treaty. 

Thenorthquar-      ^e  **  enacted,  <$'C.,  That  there  be,  and  hereby  is,  reserved,  for  the  use 

ter-section  num- of  the  chiefs  and  tribe  of  Wyandot  Indians, 'subject  to  the  conditions 

bered i  two,  in  and  limitations  of  the  former  reservation,  the   northeast  quarter  of 

iro  section  numbered  two,  in  township  two,  and   range  seventeen,  south 

teen.?n  fhe8Dela-  of  *he  base  line>  of  land-  in  the  Delaware  land    district,  in  the  State  of 

ware    land    dis-  Ohio,  in  lieu  of  one  hundred  and  sixty  acres  of    land,  on  the  west  side 

trict,    Ohio,    re-  of,  and  adjoining,  the  Sandusky  River  ;  and  which  was  reserved  to  said 

served  for  the  use  tribe  of  Indians,  by  a  supplementary  treaty  between  the  United  States 

tribeof  inSs  and  certain  tribes  of  Indians,  held  at  St.  Mary's,  in  the  State  of  Ohio, 

on  the  seventeenth  day  of  September,  eighteen  hundred  and  eighteen; 

on  condition  that  the  chiefs  of  said  Wyandot  tribe  first  relinquish  to 

the  United  States  all  the  right,  title,  and  claim,  of  said  tribe,  to  the  one 

hundred  and  sixty  acres  of  land  reserved  by  said  supplementary  treaty,  (a) 

(a)  See  Xos.  158,  164,  175. 

Dec.  25, 1824.       No.  1 05.— AX  ACT  to  authorize  the  legislature  of  the  State  of  Ohio  to  sell  and  con- 
Vol.  4.  p.  79.  vey  certain  tracts  of  land  granted  to  said  State  for  the  use  of  the  people  thereof. 

Le°i<lature  of     Be  **  enacted,  fc.,  That  the  legislature  of  the  State  of  Ohio  shall  be,  and 

Ohio"  authorized  is  hereby,  authorized  and  empowered  to  cause  to  be  sold  and  conveyed  iu 

to    sell    certain  such  manner,  and  on  such  terms  and  conditions,  as  said  legislature  shall, 

tracts  of  land.      by  jaWj  direct,  the  following  tracts  of  land  heretofore  granted  to  said 

State,  for  the  use  of  the  people  thereof,  to  wit :  so  much  of  the  six-mile 

reservation,  including  the  salt  springs,  commonly  called  the  Sciota 

salt  springs,  as  remains  unsold  ;  the  salt  springs  near  the  Muskinguui 

River,  and  in  the  military  tract,  with  the  sections  of  land  which  include 

the  same ;  the  proceeds  thereof  to  be  applied  to  such  literary  purposes 

as  said  legislature  may  hereafter  direct ;  and  to  no  other  use,  intent, 

or  purpose,  whatsoever.  («) 

(a)  See  Xos.  11,  28,  73,  76,  79. 

March  3.  1825.         No.  1O6.— AX  ACT  for  the  relief  of  Richard  Cain  and  Isaac  Baldwin,  of  Ohio. 
VoL  6,  p.  327.         jge  .f  enact€(it  j,Cmj  That  the  President  of  the  United  States  be,  and  he 
Patent  to  be  is-  is  hereby,  authorized  to  issue  a  patent  to  Richard  Cain  and  Isaac  Bald- 
sued  to  them  for  win,  for  the  east  half  of  the  southeast  quarter  of  a  fractional  section 
the  east  half  of  a  number  fifteen,  in  township  number  three,  of  range  number  three,  in 
SofSHiitiwSK  the  Marietta  land  district,  in  the  State  of  Ohio,  which  was  purchased  of 
rietta  district,      the  United  States  at  a  sale  thereof,  made  under  a  circular  of  the  late 


OHIO.  67 

Commissioner  of  the  General  Land  Office,  issued  by  mistake,  dated 
January  second,  one  thousand  eight  hundred  and  twenty-three. 


No.  107  .—  AN  ACT  for  the  relief  of  the  heirs  and  devisees  of  John  Terrell,  deceased. 

Vol.  o, 

Be  it  enacted,  $c.,  That  the  executors  of  the  last  will  and  testament  .  execntort. 
of  John  Ferrell,  deceased,  late  of  the  State  of  Ohio,  be,  and  they  are  to  relinquish  to 
hereby,  authorized  to  relinquish  to  the  United  States,  the  east  half  of  the  United  States 
the  southeast  quarter  of  section  thirty-one,  in  township  five,  range  five,  certain  land,  and 

°  F 


in  the  Marietta  land  district,  in  the  State  of  Ohio,  according  to  the  di-  i^in  return 

rections  of  the  said  last  will  and  testament  ;  upon  which  relinquish- 

ment,  in  the  manner  directed  by  the  Secretary  of  the  Treasury  of  the 

United  States,  the  west  half  of  the  said  quarter-  section,  heretofore  re- 

linquished to  the  United  States  by  the  said  executors,  shall  revert  to, 

and  become  vested  in,  the  heirs  or  devisees  of  the  said  John  Ferrell, 

as  fully  as  if  the  same  had  not  been  so  relinquished. 


No.  108.— AN  ACT  to  authorize  the  sale  of  a  section  of  land  therein  mentioned.        March  3, 1825. 

V  ol.  4,  p.  123. 

Be  it  enacted,  $c.,  That  the  Secretary  of  the  Treasury  shall  be,  and  he 


is  hereby,  authorized  to  cause  to  be  exposed  to  public  sale,  in  the  same  Section  num- 
manner "other  lands  of  the  United  States  are,  the  section  numbered  bered  34,  of  the 
thirty-four,  of  the  eleventh  township  and  third  range  of  townships  of-  jj-venjjJid  third 
fered  for  sale,  at  Steubenville,  Ohio ;  and,  if  not  so  sold,  the  said  section  range  Of  town- 
shall  be  liable  to  entry  in  the  Steubenville  land  office,  as  other  lands  ships  to  be  of- 
.are.  (a)  fered  for  sale  in. 

(a)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52, 56,  59,  65,  76, 79,  80,  81,  °hl°' 
83,  84,  85,  87,  88,  90,  99,  102,  111,  113,  126,  130,  132,  133,  145,  155,  158,  175,  185. 


No.  109.— AN  ACT  to  authorize  the  legislature  of  the  State  of  Ohio  to  sell  the  lands,     Feb-  ^  1826- 
heretofore  appropriated  for  the  use  of  schools  in  that  State.  vol.  4,  p.  138. 

Be  it  enacted,  ^-c.,  That  the  legislature  of  the  State  of  Ohio  shall  be,     Legislature  of 
and  is  hereby,  authorized  to  sell  and  convey,  in  fee- simple,  all,  or  any  phio ,, a£thori1?ed 
part,  of  the  lands  heretofore  reserved  and  appropriated  by  Congress,  any  paS°of  the 
for  the  use  of  schools  within  said  State,  and  to  invest  the  money  aris-  lands  appropria- 
ing  from  the  sale  thereof,  in  some  productive  fund,  the  proceeds  of  which  ted  by  Congress 
shall  be  forever  applied,  under  the  direction  of  said  legislature,  for  the  f°r  the  .use   of 
use  and  support  of  schools  within  the  several  townships  and  districts  of  state,  and1  invest 
country,  for  which  they  were  originally  reserved  and  set  apart,  and  for  the    'money    in 
no  other  use  or  purpose  whatsoever :  Provided,  Said  land,  or  any  part  some  productive 
thereof,  shall,  in  no  case,  be  sold  without  the  consent  of  the  inhabitants  fu£d-   . 
of  such  township,  or  district,  to  be  obtained  in  such  manner  as  the     proviso! 
legislature  of  said  State  shall  by  law  direct :  And  provided,  also,  That, 
in  the  apportionment  of  the  proceeds  of  said  fund,  each  township  and 
district  aforesaid  shall  be  entitled  to  such  part  thereof,  and  no  more, 
as  shall  have  accrued  from  the  sum  or  sums  of  money  arising  from  the 
sale  of  the  school  lands  belonging  to  such  township  or  district. 

SEC.  2.  And  be  it  further  enacted,  That,  if  the  proceeds  accruing  to  any  If  the  proceeds 
township  or  district,  from  said  fund,  shall  be  insufficient  for  the  sup-  townshft  OT  dS 
port  of  schools  therein,  it  shall  be  lawful  for  said  legislature  to  invest  the  trict  be  insuffi- 
same,  as  is  hereinbefore  directed,  until  the  whole  proceeds  of  the  fund  cient  f  or  the  sup- 
belonging  to  such  township  or  district  shall  be  adequate  to  the  perma-P<>rt  of  schools 
nent  maintenance  and  support  of  schools  within  the  same,  (a)  EJturete  to  m- 

(a)  See  Nos.  28, 31,  45, 47,  76,  79,  85, 102, 110, 136. 144, 150, 156, 158, 167, 168,  179.  vest,  &c. 


No.  110. — AN  ACT  to  appropriate  lands  for  the  support  of  schools  in  certain  town-     May  20,  1826. 
ships  and  fractional  townships,  not  before  provided  for.  Vol.  4,  p.  179. 

*#*#**»  


SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  selected,  in  the     Land  to  be  se- 
manner  above  mentioned,  one  section  and  one  quarter- section  of  land,  ^nch  trrant  IE 
for  the  support  of  schools  within  that  tract  of  country,  usually  called  Ohio, 
the  French  grant,  in  the  county  of  Sciota,  and  State  of  Ohio,  (a) 

(a)  See  Nos.  28,  31,  45,  47,  76,  79,  85,  102,  109,  136,  144,  150,  156, 158,  167,  168,  179. 


68  OHIO. 

May  20,  1826.     No .  1 11.— AN  ACT  supplementary  to  "An  act  providing  for  the  disposition  of  three 

Vol.  4,  p.  185.        several  tracts  of  land  in  Tuscarawas  County,  (a)  in  the  State  of  Ohio,  and  for  other 

purposes,"  passed  the  twenty-sixtfe  of  May,  one  thousand  eight  hundred  and  twenty. 


The  provisions     Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 
carried^to    e?  nereby>  authorized  to  adopt  such  measures  as,  in  his  judgment,  the  in- 
fect, terests  of  the  United  States,  and  the  parties  concerned,  may  require, 
for  the  purpose  of  carrying  into  full  and  complete  effect  the  provisions 
of  the  act  to  which  this  is  a  suppl  ement,  and  the  intentions  of  Congress, 
as  expressed  in  said  act.  (&) 

(a)  See  Xos.  12,  102,  113, 176. 

(&)  See  Xos.  11, 16, 21 ,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65, 76,  79,  80,  81,  83, 
84,  85.  87,  88,  90,  99,  102,  108,  113,  126.  130,  132,  133,  145,  155,  158, 175,  185. 


May  20,  1826.     N*.  112.— AN"  ACT  to  extend  the  time  for  locating  Virginia  military  land- warrants, 
Vol.  4,  p.  189.  and  returning  surveys  thereon  to  the  General  Land  Office. 


Officers  &c  of     ^e  ^  enacted,  $c.,  That  the  officers  and  soldiers  of  the  Virginia  line, 
the  Virginia  line,  on  the  continental  establishment,  their  heirs  or  assigns,  entitled  to 
on  the  'continen-  bounty  lands  within  the  tract  of  country  reserved  by  the  State  of  Vir- 
td        establish,  giuia^  between   the  Little  Miami  and  Sciota  Rivers,  shall  be  allowed 
bounty  "lands,  to  until  the  first  daF  of  J.une>  eighteen  hundred  and  twenty-nine,  to  ob- 
be  allowed  until  tain  warrants,  and  until  the  first  day  of  June,  eighteen  hundred  and 
1st  June,  1829,  to  thirty-two,  to  complete  their  locations,  and  until  the  first  day  of  June, 
obtain  warrants,  eighteen  hundred  and  thirty-three,  to  return  their  surveys  and  warrants, 
or  certified  copies  thereof,  to  the  Commissioner  of  the  General  Land  Office, 
Proviso.  and  to  obtain  patents :  Provided,  That  no  location  shall  be  made  by 

virtue  of  any  warrant  obtained  after  the  first  day  of  June,  eighteen 
hundred  and  twenty-nine,  and  no  patent  shall  issue  in  consequence  of 
any  location  made  after  the  first  day  of  June,  eighteen  hundred  and 
Proviso.  thirty-two  :  And  provided  also,  That  no  patent  shall  be  obtained,  on  any 

such  warrant,  unless  there  be  produced,  to  the  Secretary  of  War,  satis- 
factory evidence  that  such  warrant  was  granted  for  services  which,  by 
the  laws  of  Virginia,  passed  prior  to  the  cession  of  the  Northwestern 
Territory,  would  have  entitled  such  officer,  or  soldier,  his  heirs  or  as- 
signs, to  bounty  lands  ;  and  also  a  certificate  of  the  register  of  the  land 
office  of  Virginia,  that  no  warrant  has  issued  from  the  said  land  office 
for  the  same  services. 

Xo  patent  to  SEC.  2.  And  be  it  further  enacted,  That  no  patent  shall  be  issued,  by 
tueTfthe  nreced  virtae  of  tne  preceding  section,  for  a  greater  quantity  of  land  than  the 
ing  section,  for  a  rank,  or  term  of  service,  of  the  officer  or  soldier  to  whom  or  to  whose 
greater  quantity  heirs  or  assigns  such  warrant  has  been  granted,  would  have  entitled 
of  land  than  the  him  to,  under  the  aforesaid  laws  of  Virginia  ;  and  whenever  it  appears, 
slrvtee'of'tne  o°f- to  the  Secretary  of  War,  that  the  survey  made  by  virtue  of  any  of 
ficer,  &c.,  to  the  aforesaid  warrants,  is  for  a  greater  quantity  of  land  than  the  offi- 
whose  heirs  or  cer  or  soldier  is  entitled  to  for  his  services,  the  Secretary  of  War  shall 
assignees  such  certify,  on  each  survey,  the  amount  of  such  surplus  quantity,  and  the 
^ranted  TroSd  officer  or  soldier,  his  heirs  or  assigns,  shall  have  leave  to  withdraw  his 
Save  entitled  him  survey  from  the  office  of  the  Secretary  of  War,  and  resurvey  his  loca- 
to,  &c.  tion,  excluding  such  surplus  quantity,  in  one  body,  from  any  part  of  his 

resurvey,  and  a  patent  shall  issue  upon  such  resurvey,  as  in  other  cases. 
Xo  holder  of  SEC.  3.  And  be  it  further  enacted,  That  no  holder  of  any  warrant,  which 
any  warrant  to  has  been,  or  may  be  located,  shall  be  permitted  to  withdraw  or  remove 
be  permitted  to  tne  8ame)  and  locate  it  on  any  other  land,  except  in  cases  of  eviction, 
move  F the  °same  in  consequence  of  a  legal  judgment  first  obtained,  from  the  whole  or  a 
and  locate  it  on  part  of  the  located  land,  or  unless  it  be  found  to  interfere  with  a  prior 
any  other  land,  location  and  survey  :  nor  shall  any  lands  heretofore  sold  by  the  United 
except  in  cases  states,  within  the  boundaries  of  said  reservation,  be  subject  to  location, 
°  Proviso0  by  the  holder  of  any  such  unlocated  warrant :  Provided,  That  no  loca- 

tion shall,  after  the  passage  of  this  act,  be  made  on  lands  for  which 
patents  had  previously  issued,  or  which  had  been  previously  surveyed, 
nor  shall  any  location  be  made  on  lands  lying  west  of  Ludlow's  line, 
and  any  patent  which,  nevertheless,  may  be  obtained,  contrary  to  the 
provisions  of  this  section,  shall  be  null  and  void,  (a) 

(a)  See  Nos.  1,  8,  22,  27,  32,  35,  45,  46,51,  58,64,  66,82,93,  98,  119,121,  128,  146,  i: 
166, 172,  174,  177,  180,  183,  184,  187,  190. 


OHIO.  69 

No.  IIS.-'AN  ACT  to  authorize  the  sale  of  certain  tracts  of  land  in  the  State  of     March  2, 1827. 
Ohio,  commonly  called  Moravian  land.  Vol.  4,  p.  237. 

Be  it  enacted,  #c.,  That  the  several  lots  of  land  lying  in  the  Salem,  Certain  lots  ly- 
Gnadenhutten,  and  Shoenbrun  tracts  of  land,  (a)  which  have  been  valued  ing  in  the  Salem, 
at  more  than  one  dollar  and  twenty-five  cents  per  acre,  may  be  offered  G  n  a denbutten, 
at  public  sale,  at  such  time  as  the  President  of  the  United  States  may  J^  o^lanT 
think  expedient,  and  sold  as  other  public  lands  of  the  United  States,  (b)  to  be  offered  at 

(a)  See  Nos.  12, 102,  111,  176.  public  sale. 

(b)  See  ]STos.  11,  16,  21,  25,  29,  30,  32,  36,  39,41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81, 

83,  84,  85,  87,  88,  90,  99-,  102,  108,  111,  126,  130,  132,  133,  14£,  155,  158,  175,  185. 


No.  114.— AN  ACT  for  the  relief  of  Isaac  Delawder.  March  2, 1827. 

Be  it  enacted,  $-c.,  That  Isaac  Delawder  be,  and  he  is  hereby,  permitted  — Vol-  6,  p.  362. 

and  allowed  to  enter  one-half  quarter-section  of  any  land  liable  to  en-     May  enter  a 
try,  at  private  sale,  in  the  Chillicothe  land  district,  in  the  State  of  ggP*  of  land  in 
Ohio,  for  which  he  shall  be  entitled  to  a  patent,  on  his  releasing  to  the 
United  States  the  east  half  of  the  southeast  quarter  of  section  number 
ten,  township  four,  range  seventeen,  in  the  Chillicothe  District,  and 
which  was  entered  by  the  said  Delawder  by  mistake,  by  reason  of  the 
surveyor's  marks  upon  the  corner  trees  of  said  last-named  quarter  sec- 
tion having  become  obliterated  and  rendered  illegible,  by  time  and  acci- 
dent. 


No.  115.— AN  ACT  to  grant  a  certain  quantity  of  land  to  the  State  of  Ohio,  for  the     March  3, 1827. 
purpose  of  making  a  road  from  Columbus  to  Sandusky.  Vol.  4,  p.  242. 


Till 

til  A 


Be  it  enacted,  $c.,  That  there  be,  and  are  hereby,  appropriated,  to  the    Land  eranted 
ate  of  Ohio,  for  the  purpose  of  aiding  the  Columbus  and  Sandusky  for  a  road. 
Turnpike  Company  in  making  a  road  from  Columbus  to  Sandusky  City, 
the  one  half  of  a  quantity  of  land  equal  to  two  sections,  on  the  west- 
ern side  of  said  road,  and  most  contiguous  thereto,  to  be  bounded  by 
sectional  lines,  from  one  end  of  said  road  to  the  other,  wheresoever  the 
same  may  remain  unsold,  reserving  to  the  United  States  each  alternate 
section  the  whole  length  of  said  road  through  the  lands  of  the  United 
States,  to  be  selected  by  the  Commissioner  of  the  General  Land  Office, 
under  the  direction  of  the  President :  Provided,  That  no  toll  shall  at 
any  time  be  collected  of  any  mail  stage,  nor  of  any  troops,  or  property 
of  the  United  States,  (a) 
(a)  See  No.  116. 

No.  116.— AN  ACT  explanatory  of  "An  act  to  grant  a  certain  quantity  of  land  to     April  17, 1828. 
the  State  of  Ohio  for  the  purpose  of  making  a  road  from  Columbus  to  Sandusky."          Vol.  4,  p.  263. 

Be  it  enacted,  $c.,  That,  in  lieu  of  the  lands  appropriated  by  the  act     Forty-nine  sec- 
approved  on   the  third   of  March,  one  thousand  eight  hundred  andtions  of  land  to 
twenty -seven,  there  shall  be  granted  to  the  State  of  Ohio,  for  the  pur-  he  located  in  the 
poses  designated  in  the  said  act,  forty-nine  sections  of  land,  to  be  lo-  D.elayar.e  land 
cated  in  the  Delaware  land  district,  in  the  following  manner,  to  wit :  CdTdesiSed 
every  alternate  section,  through  which  the  road  may  run,  and  the  sec- in  the   act   of 
tion  next  adjoining  thereto,  on  the  west,  so  far  as  the  said  sections  re-  March  3, 1827. 
main  unsold,  and,  if  any  part  of  the  said  sections  shall  have  been  dis- 
posed of,  then  a  quantity  equal  thereto,  shall  be  selected  under  the  di-    • 
rection  of  the  Commissioner  of  the  General  Land  Office,  from  the  vacant 
lands  in  the  sections  adjoining  on  the  west  of  those  appropriated,  (a) 

(a)  See  No.  115. 


No.  117 — AN  ACT  to  aid  the  State  of  Ohio  in  extending  the  Miami  Canal  from  Day-  May  24, 1828. 
ton  to  Lake  Erie,  and  to  grant  a  quantity  of  land  to  said  State  to  aid  in  the  con-  Vol.  4  p.  305. 
fraction  of  the  canals  authorized  by  law ;  and  for  making  donations  of  land  to 


certain  persons  in  Arkansas  Territory.  A   quantity  of 

Be  it  enacted,  $c.,  That  there  be,  aad  is  hereby,  granted  to  the  State  ^nd  to  bo  g™nt; 
of  Ohio,  for  the  purpose  of  aiding  said  State  in  extending  the  Miami  gg  gj£5S 
Canal  from  Dayton  to  Lake  Erie,  by  the  Maumee  route,  a  quantity  of  pose'  of  aiding 
land,  equal  to  one-half  of  five  sections  in  width,  on  each  side  of  said  said  State  in  ex- 
canal,  between  Dayton  and  the  Maumee  River,  at  the  mouth  of  the  Au-  tendi°S  the  . Mi- 
glaize,  so  far  as  the  same  shall  be  located  through  the  public  land,  and  iSytonto  SkS 
reserving  each  alternate  section  of  the  Mnd  unsold  to  the  United  States,  Erie  by  the  Mau- 
to  be  selected  by  the  Commissioner  of  the  General  Land  Office,  under  the  naee  route. 


70  OHIO. 

direction  of  the  President  of  the  United  States  ;  and  which -land,  so  re- 
served to  the  United  States,  shall  not  b£  sold  for  less  than  two  dollars 
and  fifty  cents  per  acre.  The  said  land,  hereby  granted  to  the  State  of 
Ohio,  to  be  subject  to  the  disposal  of  the  legislature  of  said  State,  for 
Proviso.  the  purpose  aforesaid,  and  no  other :  Provided,  That  said  canal,  when 

completed,  shall  be,  and  forever  remain,  a  public  highway,  for  the  use 
of  the  Government  of  the  United  States,  free  from  any' toll  or  other 
charge,  whatever,  for  any  property  of  the  United  States,  or  persons  in 
Proviso.  their  service,  passing  through  the  same  :  And  provided,  also,  That  the 

extension  of  the  said  Miami  Canal  shall  be  commenced  within  five  years, 
and  completed  within  twenty  years,  or  the  State  shall  be  bound  to  pay 
to  the  United  States  the  amount  of  any  lands  previously  sold ;  and  that 
the  title  to  purchasers,  under  the  State,  shall  be  valid. 

Duty  of  the      SEC.  2.  And  be  it  further  enacted,  That  so  soon  as  the  route  of  said  canal 

governor     ^hen  8haii  be  located,  and  agreed  on  by  said  State,  it  shall  be  the  duty  of  the 

canalTa i  located  g°vernor  thereof,  or  such  other  person  or  persons  as  may  have  been,  or 

'  shall  hereafter  be,  authorized  to  superintend  the  construction  of  said 

canal,  to  examine  and  ascertain  the  particular  lands  to  which  the  said 

State  will  be  entitled  under  the  provisions  of  this  act,  and  report  the 

same  to  the  Secretary  of  the  Treasury  of  the  United  States. 

Legislature  to  SEC.  3.  And  be  it  further  enacted,  That  the  state  of  Ohio,  under  the  au- 
have  power  to  thority  of  the  legislature  thereof,  after  the  selection  shall  have  been  so 
sell  &c.,  after  the  made,  as  aforesaid,  shall  have  power  to  sell  and  convey  the  whole,  or 
aide0  an^  Part  of  said  landj  and  to  give  a  title  in  fee-simple,  therefor  to  the 

purchaser  thereof. 

State  of  Indi-      SEC.  4.  And  be  it  further  enacted,  That  the  State  of  Indiana  be.  and 
ana     authorised  hereby  is,  authorized  to  convey  and  relinquish  to  the  State  of  Ohio,  upon 
to  theMState of  8ncn  terms  as  mav  be  agreed  upon  by  said  States,  all  the  right  and  inter- 
Ohio,  all  t  h  e  est  granted  to  the  State  of  Indiana,  to  any  lands  within  the  limits  of  the 
right,  &c:,  grant-  State  of  Ohio,  by  an  act,  entitled  "An  act  to  grant  a  certain  quantity  of 
ed  to  said  State  ian(j  to  the  State  of  Indiana,  for  the  purpose  of  aiding  said  State  in  open- 
MarchV  1827.  °    inS  a  canal>  to  connect  the  waters  of  Wabash  Eiver  with  those  of  Lake 
Erie,"  approved  on  the  second  of  March,  one  thousand  eight  hundred 
and  twenty-seven  ;  the  State  of  Ohio  to  hold  said  land  on  the  same  con- 
ditions upon  which  it  was  granted  to  the  State  of  Indiana,  by  the  act 
aforesaid. 

Five    hundred     SEC.  5.  And  be  it  further  enacted,  That  there  be,  and  hereby  is,  granted 

thousand  acres  of  to  the  State  of  Ohio,  five  hundred  thousand  acres  of  the  lands  owned 

the  lands  owned  t,y  the  United  States,  within  the  said  State,  to  be  selected  as  hereinafter 

Stetes   within  directed,  for  the  purpose  of  aiding  the  State  of  Ohio  in  the  payment  of 

said  State   to  be  the  debt,  or  the  interest  thereon,  which  has  heretofore  been,  or  which 

selected  as  here- may  hereafter  be,  contracted  by  said  State,  in  the  construction  of  the 

inafter  directed,  canals  within  the  same,  undertaken  under  the  authority  of  the  laws  of 

of  aSunS^^e  s?id  State,  now  in  force,  or  that  may  hereafter  be  enacted,  for  the  exten- 

State  of  Ohio  in  sion  of  canals  now  making  ;  which  land,  when  selected,  shall  be  disposed 

the   payment  of  of  by  the  legislature  of  Ohio,  for  that  purpose,  and  no  other :  Provided, 

the  debt,  &c.        The  said  canals,  when  completed  or  used,  shall  be,  and  forever  remain, 

public  highways,  for  the  use  of  the  Government  of  the  United  States, 

free  from  any  toll  or  charge  whatever,  for  any  property  of  the  United 

States,  or  persons  in  their  service  passing  along  the  same  :  And  provided 

Proviso.  further,  That  the  said  canals,  already  commenced,  shall  be  completed 

in  seven  years  from  the  approval  of  this  act ;  otherwise  the  State  of  Ohio 

shall  stand  bound  to  pay  over  to  the  United  States  the  amount  which 

any  lands,  sold  by  her,  within  that  time,  may  have  brought ;  but  the 

validity  of  the  titles  derived  from  the  State  by  such  sales,  shall  not  be 

affected  by  that  failure. 

The    selection     SEC.  6.  And  be  it  further  enacted,  That  the  selection  of  the  land  granted 

iSvfiS^S!?1*"^  tne  nftk  section  of  this  act,  may  be  made  under  the  authority,  and 

of  Sisacttobe  b^  the  direction  °?  the  governor  of  the  State  of  Ohio,  of  any  lands  be- 

madeby  the  gov-lODging  to  the  United  States  within  said  State,  which  may  at  the  time 

ernorof  Ohio.      of  selection  be  subject  to  entry  at  private  sale,  and  within  two  years 

Proviso.  from  the  approval  of  -this  act :  Provided,  That,  in  the  selection  of  the 

lands  hereby  granted,  no  lands  shall  be  comprehended  which  have  been 

reserved  for  the  use  of  the  United  States,  as  alternate  sections,  in  the 

grants  hitherto  made,  or  which  may  be  made  during  the  present  session 

of  Congress,  of  lands  within  the  said  State,  for  roads  and  canals :  And 

Proviso.  provided,  That  all  lands  so  selected  shall,  by  the  governor  of  said  State, 

be  reported  to  the  office  of  the  register  of  the  district  in  which  the  laud 

lies,  and  no  lands  shall  be  deen%d  to  be  so  selected  till  such  report  be 


OHIO.  71 

made,  and  the  lands  so  selected  shall  be  granted  by  the  United  States 
to  the  State  of  Ohio. 

SEC.  7.  And  be  it  further  enacted,  That  this  act  shall  take  effect,  Pro-  Act  to  take  ef- 
vided,  The  legislature  of  Ohio,  at  the  first  session  thereof,  hereafter  to  feet  provided  the 
commence,  shall  express  the  assent  of  the  State  to  the  several  provisions  o'gj  ^11  ex- 
and  conditions  hereof  'f  and  unless  such  expression  of  assent  be  made,  press  the  assent 
this  act  shall  be  wholly  inoperative,  except  so  far  as  to  authorize  the  of  the  State  to 
governor  of  Ohio  to  proceed  in  causing  selections  of  said  land  to  be  made the.  several  pro- 
previous  to  the  said  next  session  of  the  legislature,  (a)  ditions  "hereof" 
##**#**  &c. 

(a)  See  Nos.  120,  134,  138,  145,  177,  182,  245. 


No.  118.— AN  ACT  for  the  relief  of  Frederick  Onstine.  ^aj  |4,  1828. 

VOl.  D,  p.  oc5« 

Be  it  enacted,  fc.,  That  Frederick  Onstine,  of  the  State  of  Ohio,  shall 


be,  and  he  hereby  is,  authorized  to  enter,  of  any  of  the  unappropriated  enfS  two 
lands  of  the  United  States,  which  have  been  heretofore  offered  for  sale,  tions  of  land. 
two  sections  of  land ;  and  the  register  of  the  proper  district  shall  give 
him  a  certificate  therefor,  in  due  form ;  upon  the  presentment  of  which 
to  the  Commissioner  of  the  General  Land  Office,  he  is  hereby  author- 
ized and  required  to  issue,  to  the  said  Frederick  Onstine,  a  patent,  or 
patents,  for  the  same  ;  which  shall  be  taken  and  held  as  full  compensa- 
tion for  all  services  rendered  to  the  United  States,  by  the  said  Frederick 
Onstine  and  his  sons  during  the  late  war. 


No.  119.— AN  ACT  to  authorize  the  appointment  of  a  surveyor  for  the  Virginia  mili     Feb.  24,  1829. 
tary  district,  within  the  State  of  Ohio,  (a)  Vol.  4,  p.  335. 


Be  it  enacted,  $-c.,  That  there  shall  be  appointed  by  the  President  of  the     Surveyor  to  be 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate,  a  sur-  appointed, 
veyor  for  the  Virginia  military  district  within  the  State  of  Ohio,  who 
shall  keep  his  office  at  Chilicothe,  in  the  said  district,  within  the  State     Office  at  Chili- 
of  Ohio,  until  otherwise  directed  by  law.  cothe. 

SEC.  2.  And  be  it  further  enacted,  That  the  surveyor  appointed  by  virtue     powers,     a  u  - 
of  this  act  shall  possess  the  same  powers  and  authority,  perform  the  thority,    '  duties, 
same  duties,  receive  the  same  emoluments,  and,  in  all  respects,  be  sub-  emoluments,  &c. 
ject  to,  and  regulated  by,  the  same  laws,  rules,  and  regulations,  which 
were  received,  exercised,  and  performed  by,  and  governed  the  late  sur- 
veyor of  said  district,  so  far  as  the  Virginia  military  district  in  the  State 
of  Ohio  is  concerned.  (&) 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur-     To  receive  all 
veyor  to  be  appointed  under  the  authority  of  this  act  to  receive  from  the  books,     records, 
personal  representatives  of  Colonel  Richard  C.  Anderson,  deceased,  late  itnds  within8  the 
surveyor  of  said  district,  all  the  original  books,  records,  warrants,  plats  district. 
and  certificates  of  surveys,  assignments,  and  other  papers,  relating  ex- 
clusively to  lauds  already  entered,  surveyed,  or  patented,  or  to  be  sur- 
veyed, entered,  and  patented,  within  the  Virginia  military  district,  in    Fair     copies 
the  State  of  Ohio ;  and  he  shall  also  make,  or  cause  to  be  made,  so  far  thereof     to    be 
as  relates  to  claims  to  land  in  said  Virginia  military  district,  in  the  State  made- 
of  Ohio,  fair  copies  of  such  original  books,  records,  warrants,  plats  and 
certificates  of  surveys,  assignments,  and  other  papers,  from  such  original 
books,  records,  and  papers,  in  said  office,  (which  contain  entries,  cer- 
tificates, surveys,  plats ,  assignments,  or  other  papers  or  evidences  of    A?d ,  used  ,a8 
title,  in  which  is  also  included  entries,  certificates,  surveys,  plats,  assign-  Kakin™ copies 
ments,  or  other  evidences  of  title,  pertaining  to  lands  lying  within  the  for  use  m  Unit- 
Virginia  military  district,  in  the  State  of  Kentucky,)  which  transcripts  ed  States  courts, 
and  copies  he  shall  carefully  preserve  as  a  part  of  the  records  of  his 
office,  and  from  which  he  may  give  copies,  as  from  the  originals,  to  be 
used  in  all  cases  of  controversies  in  the  courts  of  the  United  States,  about 
lands  in  the  said  district,  in  the  State  of  Ohio. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for     Surveyor     ap- 
the  personal  representatives  of  the  said  Richard  C.  Anderson,  before  the  P0"^  to.  Sjve 
delivery  of  the  books,  records,  papers,  and  copies,  herein  specified,  to  re-  peSaisum  of  ten 
quire  of  the  surveyor  appointed  urider  the  provisions  of  this  act,  bond  thousand  dollars, 
with  good  and  sufficient  security,  to  be  approved  of  by  the  county  court 
of  the  county  of  Jefferson,  in  the  State  of  Kentucky,  if  not  approved  of 
by  the  personal  representatives  of  said  Rfchard  C.  Anderson,  in  the  penal     Condition, 
sum  of  ten  thousand  dollars,  conditioned  that  the  said  surveyor  shall 


72  OHIO. 

pay  over  to  the  said  Anderson's  personal  representatives  all  such  sums 
of  money  due,  or  to  become  due  to  said  Anderson,  or  his  representatives, 
for  fees  due,  services  performed,  or  business  done  by  said  Anderson,  as 
late  surveyor  in  said  office,  and  which  may  be  received  by  the  said  sur- 
veyor appointed  under  this  act;  and  conditioned,  also,  that  he  will  not 
surrender  to  any  person  or  persons  originals  or  copies  of  any  of  the  rec- 
ords, books,  warrants,  plats  and  certificates  of  survey,  assignments,  or 
other  papers,  by  him  received  of  the  personal  representatives  of  said 
Richard  C.  Anderson,  upon  which  fees  are  due,  to  the  person  or  persons 
claiming  interest  in  the  same,  or  any  other  person  whatever,  until  the 
fees  due,  or  to  become  due,  to  said  Anderson,  or  his  legal  representatives, 
shall  have  been  first  paid  to  said  surveyor ;  and,  upon  the  execution  of 
said  bond,  the  personal  representatives  of  said  Anderson  are  authorized 
and  required  to  deliver  the  records,  books,  copies  and  papers,  herein 
above  specified,  as  is  provided  by  this  act. 

To  give  sixty     SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur- 

days'   notice    of  veyor  for  ^[^  Virginia  military  district,  before  he  shall  receive  any  lo- 

wiil  "begin1  to  re-  cati°n  or  entry  of  military  warrants  to  be  surveyed,  to  give  at  least  sixty 

ceive    locations,  days'  notice,  in  those  newspapers  in  which  the  laws  of  the  United  States 

&c.  are  published  in  Ohio,  of  the  day  on  which  he  will  begin  to  receive  such 

locations  or  entries,  the  expenses  of  which  notice  shall  be  audited  and 

paid  by  the  Treasury  Department  of  the  United  States. 

(a)  See  Nos.  1,  8, 22, 27, 32, 35, 45, 46, 51, 58,  64,  66, 82, 93, 98, 112, 121,  128, 146, 154, 159,  166, 

172. 174, 177, 180, 183, 184, 187, 190. 
(ft)  See  Nos.  11, 12, 13,  21,  23,  25,  32,  36,  37,  42,  65/76,  79,  81, 102, 158. 

April  2, 1830.      No.  120.— AX  ACT  amending  and  supplementary  to  the  act  to  aid  the  State  of  Ohio 
Vol.  4,  p.  393.         in  extending  the  Miami  Canal  from  Dayton  to  Lake  Erie,  and  to  grant  a  quantity 
of  land  to  said  State,  to  aid  in  the  construction  of  the  canals  authorized  by  law,  and 
for  making  donations  of  land  to  certain  persons  in  Arkansas  Territory. 

Provision     of     Be   it  enacted,  <fc.,  That  so  much  of  the  act,  approved  May  twenty- 

a°t  of  May  24,  fourth, one  thousand  eight  hundred  and  twenty-eight,  entitled  "An  act 

pealed  **" to  aid  the  State  of  Ohio  iu  extending  the  Miami  Canal  from  Dayton  to 

Lake  Erie,  and  to  grant  a  quantity  of  land  to  said  State,  to  aid  in  the 

construction  of  the  canals  authorized  by  law,  and  for  making  donations 

of  land  to  certain  persons  in  Arkansas  Territory,"  as  provides  that  the 

extension  of  the  Miami  Canal  shall  be  completed  within  twenty  years, 

or  that  the  State  shall  be  bound  to  pay  to  the  United  States  the  amount 

of  any  land  previously  sold,  be,  and  the  same  is  hereby,  repealed :  Pro- 

of  oHo  m>tto fp-  NdW/Tba*  if  the State  of  Ohio  sna11  aPPlv  the  8aid  Iand8»  or  the  Pr°- 

ply  the  land  to,  ceeds  of  the  sales,  or  any  part  thereof,  to  any  other  use  whatever,  than 

&.c.  in  the  extension  of  the  Miami  Canal,  before  the  same  shall  have  been 

Penalty.  completed,  the  said  grant,  for  all  lands  unsold,  shall  thereby  become 

null  and  void,  and  the  said  State  of  Ohio  shall  become  liable  and  bound 

to  pay  to  the  United  States,  the  amount  for  which  said  land,  or  any  part 

Proviso  thereof,  may  have  been  sold,  deducting  the  expenses  incurred  in  selling 

the  same  :  And  provided  also,  That  it  shall  be  lawful  for  the  legislature 

of  said  State  to  appropriate  the  proceeds  of  the  land  so  granted,  either 

in  extending  the  said  Miami  Canal  from  Dayton  to  Lake  Erie,  or  in  the 

construction  of  a  railroad,  from  the  termination  of  the  said  canal,  at 

Dayton,  towards  the  said  lake. 

TVhen  line  of     SEC.  2.  And  be  it  further  enacted,  That,  whenever  the  line  of  the  said 
said  canal  passes  canal,  to  be  extended  as  aforesaid,  from  Dayton  to  the  Maumee  River, 
over  land  sold  by  a(.  the  mout^  of  Auglaize,  shall  pass  over  land  sold  by  the  United  States, 
go"  emor  of  Ohio  it  shall  be  lawful  for  the  governor  of  the  State  of  Ohio  to  locate  other 
may  locate  other  lands  in  lieu  of  the  land  so  sold  :  Provided,  Such  locations  shall  not  ex- 
lands,  ceed  the  number  of  acres  necessary  to  complete  an  aggregate  quantity, 
equal  to  one-half  of  five  sections  in  width,  on  each  side  of  said  extended 
canal.  («) 
(a)  See  Xos.  117,  134,  138,  145,  177,  182,  245. 


April  23,  1830.    No.  121.— AN  ACT  to  amend  an  act.  entitled  "An  act  to  extend  the  time  for  locating 
Vol.  4,  p.  395.         Virginia  military  land-warrants,  and  returning  surveys  thereon  to  the  General  Land 
Office,"  approved  the  twentieth  day  of  May,  one  thousand  eight  hundred  and  twen- 
ty-six. 

Officers     and     ge  n  enac1ed,  #c,,  That  the  officers  and  soldiers  of  the  Virginia  line, 
vSnLline  £?  on   tne  continental  establishment,  their  heirs  or  assigns,  entitled  to 
allowed,  &c.'        bounty  land  within  the  tract  of  country  reserved  by  the  State  of  Vir- 
ginia, "bet  ween  the  Little  Miami  and  Sciota  rivers,  shall  be  allowed 


OHIO.  73 

itil  the  first  day  of  January,  one  thousand  eight  hundred  and  thirty- 

70,  to  obtain  warrants,  subject,  however,  to  the  conditions,  restrictions, 
ttjd  limitations,  relating  to  locations,  surveys,  and  patents  contained  m 
the  act  of  which  this  is  an  amendment. 

SEC.  2.  And  be  it  further  enacted,  That  no  location  shall  be  made  by  vir-     No  location  to 
tue  of  any  warrant  obtained  after  the  said  first  day  of  January,  one  thou-  be  ™ade,  &c. 
sand  eight  hundred  and  thirty-two  ;  and  no  patent  shall  issue  in  conse- 
quence of  any  warrant  obtained  after  that  time.     And  that  the  second     Certain   provi- 
proviso,  inserted  in  the  first  section  of  the  above-recited  act,  except  only  J^JJi  p 
that  part  thereof  which  requires  "  a  certificate  of  the  register  of  the  p 
land  office  of  Virginia,  that  no  warrant  has  issued  from  the  said  land 
office  for  the  same  services,"  be,  and  the  same  is  hereby  repealed,  (a) 

(a)  See  ISTos.  1,  8,  22, 27,  32,  35,  45,  -46,  51,  58,  64,  66,  82,  93,  98, 112,  119,  128,  146, 154,  159t 
166,  172,  174,  177,  180,  183, 184,  187,  190. 

122. — A!N"  ACT  to  quiet  the  titles  of  certain  purchasers  of  lands,  between  the     May  26, 1830. 
lines  of  Ludlow  and  Roberts,  in  the  State  of  Ohio.  Vol.  4,  p.  405. 

Be  it  enacted,  <f  c.,  That  the  President  of  the  United  States  be,  and  he     A  OTOpriation 
i  hereby,  authorized  to  pay,  out  of  any  money  in  the  Treasury,  not  Of  $62,515.55,  to 
otherwise  appropriated,  to  the  Virginia  military  claimants  of  lands  pay  Virginia  mil- 
situated  between  the  two  lines  in  the  State  of  Ohio,  commonly  called  itary  claimants. 
Ludlow's  and  Eoberts'  lines,  and  south  of  the  Greenville  treaty  line, 
located  prior  to  the  twenty-sixth  day  of  Jane,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  twelve,  the  sum  of  sixty-two  thousand 
five  hundred  and  fifteen  dollars  and  twenty-five  cents,  with  interest 
thereon  from  the  fourth  March,  eighteen  hundred  and  twenty-five,  at 
six  per  cent,  per  annum,  until  paid ;  being  the  amount  at  which  said 
lands  were  valued,  exclusive  of  improvements,  under  the  act  of  Con- 
gress, entitled  "An  act  to  authorize  the  President  of  the  United  States 
to  enter  into  crrtain  negotiations  relative  to  the  lands  located  under 
Virginia  military  land-warrants,  lying  between  Ludlow's  and  Eoberts' 
lines,  in  the  State  of  Ohio  ; "  Provided  hoicever,  That  before  the  payment     Proviso:  titles 
of  said  sum,  the  said  claimant  or  claimants  shall  relinquish,  by  deed  or  tobe  relinquish- 
deeds,  to  the  United  States,  in  such  manner  as  the  President  shall  direct, 
their  title  or  titles  to  the  said  lands. 

SEC.  2.  And  be  it  further  enacted^  That  the  payments  aforesaid  shall  be     Payment  to  be 
made  as  directed  to  the  said  claimants,  according  to  the  valuation  of  mad6    according 
their  respective  tracts  of  land,  made  under  the  above-recited  act  of  to  valnation- 
Congress,  (a) 

(a)  See  Xos.  103,  125. 

IVo.  123.— AX  ACT  for  the  relief  of  Alexander  Montgomery,  John  H.  Watts,  and  the      May  28,  1830. 
.  administrators  of  John  Wilson,  deceased.  Vol.  6,  p.  433. 


SEC.  2.  And  be  it  further  enacted,  That,  whenever  Alexander  Montgom-     Patent  to  issue 
ery,  of  the  State  of  Ohio,  shall  produce  to  the  Commissioner  of  the  Gen-  to       Alexander 
eral  Land  Office  satisfactory  evidence,  that  he  has  paid  to  the  United  Montgomery. 
States,  the  sum  of  one  hundred  and  fifty -four  dollars  and  seventy-seven 
cents,  on  account  of  the  southwest  quarter  of  section  twenty,  in  town- 
ship seventeen,  of  range  eighteen,  in  the  Chillicothe  land  district,  the 
said  Commissioner  be,  and  he  is  hereby,  authorized  to  cause  a  patent 
to  be  issued  for  the  same,  in  favor  of  the  said  Alexander  Montgomery. 

SEC.  3.  And  be  it  further  enacted,  That  the  administrator  and  adminis-     John  Wilson's 
tratrix  of  the  estate  of  John  Wilson,  of  Ohio,  be,  and  they  are  hereby,  heirs  authorized 
authorized  to  relinquish  to  the  United  States,  the  west  half  of  the  south-  *ertafn  t^act  of 
vest  quarter  of  section  thirteen,  in  township  seven,  of  range  twelve,  in  the  land,  &c. 
Chillicothe  land  district,  and  apply  the  amount  heretofore  paid  thereon 
towards  the  payment  of  the  east  half  of  the  same  quarter ;  and  upon 
payment  in  full  being  made  for  the  said  east  half  in  cash,  at  a  discount 
of  thirty- seven  and  a  half  per  cent.,  the  Commissioner  of  the  General 
Land  Office,  shall  cause  a  patent  to  be  issued  for  that  tract. 

No.  124.— AN  ACT  for  the  relief  of  Samuel  Sprigg,  of  Virginia.  May  29,  1830. 

Be  it  enacted,  $c..  That  there  shall  be  granted  to  Samuel  Sprigg,  of     VoL  6»  P- 443- 
the  State  of  Virginia,  as  a  full  compensation  for  three  hundred  and  sev-     Patent  to  issue 
enty-nine  dollars  and  a  few  cents,  paid  by  Bezaleel  Wells,  in  the  year  for  a  half-section 
one  thousand  eight  hundred  and  five,  into  the  Treasury  of  the  United  ofland- 
States,  as  the  first  instalment  on  the  purchase  of  a  fraction  of  land,  en- 


74  OHIO. 

tered  by  said  Wells,  in  the  State  of  Ohio,  in  the  Steubenville  district, 
being  section  twenty-six,  in  township  two,  range  two,  which  amount 
was  thereafter  paid  to  him  by  said  Sprigg,  one  half-section  of  any  land 
belonging  to  the  United  States,  which  has  been  heretofore  offered  for 
sale,  and  which  is,  by  law,  now  subjected  to  entry ;  and  that,  upon  an 
entry  thereof  being  made  with  the  proper  officer,  a  patent  for  the  same 
shall  issue  to  the  said  Samuel  Sprigg. 


Feb.  12, 1831.  No.  125.— AN  ACT  to  amend  the  act  entitled  "An  act  to  quiet  the  title  of  certain 
Vol.  4,  p.  440.  purchasers  of  lands  between  the  lines  of  Ludlow  and  Roberts,  in  the  State  of  Ohio," 
approved  the  twenty-sixth  of  May,  in  the  year  eighteen  hundred  and  thirty. 


President  of  Be  it  enacted,  <$*c.,  That  in  addition  to  the  sum  appropriated  by  the  act, 
United  States  to  entitled  "An  act  to  quiet  the  titles  of  certain  purchasers  of  'lands  be- 
"  rfodd  tween  the  line8  of  Ludlow  and  Roberts,  in  the  State  of  Ohio,"  approved 
the  twenty-sixth  of  May,  in  the  year  eighteen  hundred  and  thirty,  the 
President  of  the  United  States  be,  and  he  is  hereby,  authorized  to  pay, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriafed,  to  Philip 
Doddridge,  the  claimant  of  the  Virginia  military  survey,  numbered  six 
thousand  nine  hundred  and  twenty-eight,  for  seven  hundred  acres,  being 
one  of  the  Virginia  military  surveys,  in  the  said  act  mentioned,  lying 
between  the  lines  of  Ludlow  and  Roberts,  in  the  State  of  Ohio,  the  sum 
of  one  thousand  seven  hundred  and  sixty-five  dollars  and  sixty- eight 
cents,  with  interest  at  the  rate  of  six  per  centum  per  annum,  from  the 
fifth  day  of  March,  eighteen  hundred  and  twenty-five,  until  paid ;  the 
said  Philip  having  already  conveyed  to  the  United  States,  the  title  to 
the  said  seven  hundred  acres  of  land,  in  the  manner  directed  by  the 
President  of  the  United  States,  pursuant  to  the  provisions  of  the  act  of 
Congress  before  recited.  This  act  shall  commence  and  be  in  force  from 
the  passing  thereof,  (a) 
(a)  See  Xos.  103,  122. 


Feb.  12, 1831.  nfo.  126.— AX  ACT  authorizing  the  sale  of  a  tract  of  land  therein  named. 

Be  it  enacted,  £c.,  That  it  shall  be  the  duty  of  the  President  of  the  United 


Certain   tracts  States  to  offer  at  public  sale,  as  soon  as  may  be,  the  southwest,  north- 
in  Cincinnati  d is-  wegtj  an(j  northeast  quarters  of  section  number  twenty-five,  of  town- 
'     ship  number  six,  in  range  number  one  west,  in  the  Cincinnati  district, 
under  the  same  rules  and  regulations  that  govern  the  sale  of  other  pub- 
*  lie  lands  of  the  United  States,  (a) 

(a)  See  Xos.  11, 16. 21, 25, 29, 30,  32,  36,  39,  41, 43, 44,  47,  48, 52, 56, 59,  65, 76,  79, 80, 81, 83, 84, 
85,  87,  88, 90,  99, 102, 108,  ill,  113, 130, 132, 133, 145, 155, 158, 175, 185. 


March  2  1831  N°*  12r'~ AX  ACT  for  the  relief  of  James  Sprague. 

Yol.6,p.457.  '       Be  it  enacted,  #c.,  That  James  Sprague  be,  and  he  is  hereby,  author- 
ized to  locate  three  hundred  and  twenty  acres  of  land,  by  legal  subdi- 


enter  a'7ract  of  vision8>  on  any  public  land  in  the  State  of  Ohio  now  offered  for  sale,  at 
lan(j.   '  the  minimum  price,  in  satisfaction  of  an  equal  quantity  of  land  hereto- 

fore located  by  the  said  James  Sprague  on  the  east  half  of  the  eighth 
section  of  the  fifth  township,  in  the  twenty-second  range,  under  the  act 
of  Congress  of  the  twenty-third  of  April,  one  thousand  eight  hundred 
and  twelve,  from  which  the  said  James  has  been  evicted  by  an  older 
title ;  and  the  President  of  the  United  States  is  hereby  authorized  to 
issue  to  the  said  James  Sprague  a  patent  for  the  land  so  located,  on  his 
producing  the  certificate  of  the  register  of  the  land  office  within 
whose  district  the  location  may  be  made. 


March  31, 1832.  No.  129.— AX  ACT  explanatory  of  the  act  entitled  "An  act  for  the  relief  of  officers 
Vol.  4,  p.  500.          and  soldiers  of  the  Virginia  line  and  navy,  and  of  the  continental  army,  during 
the  revolutionary  war,"  approved  thirtieth  of  May,  one  thousand  eight  hundred 
and  thirty. 

The  provisions      Be  it  enacted,  $c..  That  the  provisions  of  the  act,  entitled  "An  act  for 

of  the  act  limit-  the  relief  of  certain  officers  and  soldiers  of  the  Virginia  line  and  navy, 

and  of  the  continental  army,  during  the  revolutionary  war,"  approved 

thirtieth  of  May,  one  thousand  eight  hundred  and  thirty,  (a)  shall  not  be 


OHIO. 


75 


Construed  to  extend  to  any  land  warrants  heretofore  issued,  which  have 
been  located,  surveyed,  or  patented  on  the  lands  reserved  and  set  apart 
for  the  satisfaction  of  the  military  bounty  lands  due  to  the  officers  and 
soldiers  of  the  Virginia  line  upon  continental  establishment,  or  for  the 
satisfaction  of  the  officers  and  soldiers  of  the  continental  army. 

SEC.  2.  And  be  it  further  enacted,  That  the  provisions  of  the  third  sec-     The  act  of  May 
tion  of  the  act,  entitled  "An  act  to  extend  the  time  for  locating  Vir-20,  1826,  con- 
ginia  military  land- warrants,  and  returning  surveys  thereon  to  the  land  ™ JJJJe  }  ^l. 
office,"  approved  twentieth  May,  one  thousand  eight  hundred  and  twen- 
ty-six, be,  and  the  same  is  hereby,  continued  in  force  for  seven  years, 
from  and  after  the  first  day  of  June,  one  thousand  eight  hundred  and 
thirty-two ;  and  the  proprietors  of  any  location,  survey,  or  patent,  con- 
mplated  by  the  aforesaid  section,  may  avail  themselves  of  the  pro- 
dons  of  the  said  section,  in  the  cases  therein  enumerated.  (&) 

(a)  See  Nos.  12, 15, 17, 18, 27,  32,  34, 38,  42,  49,  50,  60,  71, 130, 131, 135, 139. 
(&)  See  Nos.  1,  8,  22, 27,  32,  35,  45,  46,  51,  58,  64, 66,  82,  93,  98, 112, 119, 121, 146, 154,  159, 166, 
172,  174, 177, 180, 183, 184, 187, 190. 


No.  129.— AN  ACT  for  the  relief  of  Jacob  Eemf,  otherwise  called  Jacob  Kemf .         June  15, 1832. 
it  enacted  #c.,  That  the  register  of  the  land  office  at  Zanesville,     Vol.  6,  p.  494. 
lio,  be,  and  he  is  hereby,  authorized  to  allow  Jacob  Remf,  otherwise    Authorized   to- 
called  Jacob  Kemf,  of  Holmes  County,  Ohio,  to  withdraw  his  entry  and  withdraw  his  en- 
purchase  of  the  west  half  of  the  northeast  quarter  of  section  numbered  try,  &o. 
fifteen,  township  numbered  six,  of  range  numbered  five,  of  land  in  the 
Zanesville  district ;    and  to  enter,  in  lieu  thereof,  the  west  half  of  the 
northeast  quarter  of  section  numbered  fifteen,  township  numbered  nine, 
of  range  numbered  six,  military,  of  tne  Zanesville  district,  and  to  ap- 
ply the  moneys  paid  for  the  tract  first  named  aforesaid,  to  the  pay- 
ment of  the  tract  last  aforesaid :  Provided,  That,  if  the  tract  first  named     provi80. 
aforesaid  shall  have  been  patented  to  the  said  Remf  before  the  taking 
effect  of  this  act,  then  the  said  Remf  shall  execute  and  deliver,  to  said 
register  of  the  land  office  aforesaid,  at  the  time  of  said  withdrawal,  a 
release  to  the  United  States  for  said  tract  of  land  first  above  named. 


No.  130.— AN  ACT  for  the  sale  of  the  unlocated  lots  in  the  fifty  quarter  townships     juiv  3  1832 
in  the  United  States'  military  district,  in  the  State  of  Ohio,  reserved  to  satisfy  war-      Vol.  4,'p.  560 . 
rants  granted  to  individuals  for  their  military  services. 

Be  it  enacted,  #c.,  That  the  lots  and  fractional  parts  of  lots  lying  in    Unlocated  lots 
the  fifty  quarter  townships,(a)  reserved  by  an  act  of  Congress,  passed  the  in  military   dis- 
eleventh  day  of  February,  one  thousand  eight  hundred,  and  entitled  **%  1  \SLiL1  *£ 
"An  act  giving  further  time  to  the  holders  of  military  warrants  to  reg-  private  sale, 
ister  and  locate  the  same,"  and  which  remain  unlocated,  (&)  shall,  hereaf- 
ter, be  liable  to  be  sold  at  private  sale,  in  the  respective  land  offices  in 
which  they  lie,  in  the  same  manner,  and  for  the  same  sum  per  acre,  as 
other  lands  of  the  United  States  lying  in  said  districts,  and  undisposed 
of.  (c) 

(a)  See  Nos.  11,  18,32,  38,  42,71. 

(6)  See  Nos.  12,  15,  17,  18,  27,  32,  34, 38,  42, 49,  50,  60,  71,  128,131,  135,  139. 
(c)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41, 43,  44,  47,  48,  52,  5ti,  59,  65,  76,  79, 80,  81, 83, 
84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  132,  133,  145,  155,  158, 175,  185. 


fo.  131. — AN  ACT  to  extend  the  time  of  issuing  military  land-warrants  to  officers     July  13, 1832.. 

and  soldiers  of  the  revolutionary  army.  Vol.  4,  p.  578. 

Be  it  enacted,  tyc.,  That  the  time  allowed  for  issuing  military  land-war- 

rants  to  the  officers  and  soldiers  of  the  revolutionary  army  shall  be  ex-  to 

tended  to  the  first  day  of  January,  eighteen  hundred  and  thirty-five.      1835. 

SEC.  2.  And  be  it  further  enacted,  That  the  further  quantity  of  three    L  a  n  d    appro. 
hundred  thousand  acres  of  land  be,  and  the  same  is  hereby  appropriated,  priated,  to  be Tap- 
in  addition  to  the  quantity  heretofore  appropriated  by  the  act  entitled  plied  in  the  nian- 
"An  act  for  the  relief  of  certain  officers  and  soldiers  of  the  Virginia  line  n^r  provided  by 
and  navy,  and  of  the  continental  army  during  the  revolutionary  war,"  301830    C 
approved  the  thirtieth  of  May,  eighteen  hundred  and  thirty,  which  said     ' 
appropriation  shall  be  applied  in  the  manner  provided  by  the  said  act 
x    the  unsatisfied  warrants  which  have  been  or  may  be  issued  as  therein 

irected  to  the  officers  and  soldiers  and  others  as  described  in  the  first, 

ifth,  and  seventh  sections  of  said  act. 


76 


OHIO. 


Last  paragraph      SEC.  3.  And  be  it  further  enacted,  That  the  last  paragraph  of  the  first 
§      section  of  tne 


id  act 

* 


repaled. 


act  whicn  authorizes  the  issuing  of  warrants  upon 
an  affidavit  that  the  original  was  lost,  and  upon  the  production  of  an 
official  copy  thereof,  shall  be,  and  the  same  is  hereby  repealed,  (a) 

(a)  See  Xos.  12,  15,  17,  18,  27,  32,  34,  38,  42,  49,  50,  60,  71,  128,  130,  135,  139. 


July  14, 1632.      Wo.  132. — AX  ACT  to  authorize  the  sale  of  certain  public  lands  in  the  State  of  Ohio. 

ToL  4,  p.  601.         B€  n  enacted,  $c.,  That  the  lands  heretofore  reserved  for  certain  Indian 

Certain  public  tribes  in  the  State  of  Ohio,  and  which  were  ceded  to  the  United  States 

lands  to  be  at-  by  treaties  ratified  on  the  twenty-fourth  day  of  March,  in  the  year  one 

tachedtotheland  thousand  eight  hundred  and  thirty-one,  and  the  sixth  day  of  April,  one 

fh^aJ^reSec    thousand  ei£ht  hundred  and  thirty-two,  be,  and  the  same  are  hereby 

ivety  situate  &c~  attached  to,  and  made  to  form  part  of,  the  land  districts  (a)  in  which  they 

are  respectively  situated,  and  liable  to  be  sold  as  other  public  lands  in 

the  State  of  Ohio.  (6) 

(a)  See  Xos.  21,  25.  29,  30, 32, 35,  39,  41, 44.  47, 52, 59,  65, 76,  79,  80,  81,  85,  88,  90,  99,  104, 

140,  158, 189. 

(&)  See  Xos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76;  79,  80,  81, 
83,  84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  133,  145,  155,  158,  175,  185. 


edi    d* 


Feb.  20,  1833.  Xo.  1  33.—  AX  ACT  to  authorize  the  legislature  of  the  State  of  Ohio  to  sell  the  land 
VoL  4,  p.  618.  reserved  for  the  support  of  religion  in  the  Ohio  Company's,  and  John  Cleeves 
Symrnes'  purchases. 

Seit  enacted>  $c-'  That  the  legislature  of  the  State  of  Ohio  shall 
and  is  hereby,  authorized  to  sell  and  convey,  in  fee-simple,  all  or  an? 
part  of  the  lands  heretofore  reserved  and  appropriated  by  Congress 
the  support  of  religion  within  the  Ohio  Company's,  («)  and  John  Cleev< 
Symmes'  purchases,  (b)  in  the  State  of  Ohio,  and  to  invest  themoney  arii 
ing  from  the  sale  thereof,  in  some  productive  fund  ;  thfe  proceeds  of  which 

Application  of  shall  be  forever  annually  applied,  under  the  direction  of  said  legisla- 

proceeds.  tnre,  for  the  support  of  religion  within  the  several  townships  for  which 

said  lands  were  originally  reserved  and  set  apart,  and  for  no  other  use 

or  purpose  whatsoever,  according  to  the  terms  and  stipulations  of  the  con- 

tracts of  the  said  Ohio  Company's,  and  John  Cleeves  Symmes'  purchases 

Proviso.  within  the  United  States  :  Provided,  Said  land,  or  any  part  of  it,  shall, 

in  no  case,  be  sold  without  the  consent  of  the  person  who  may  be  the 
lessee  thereof,  nor  without  the  consent  of  the  inhabitants  of  the  town- 
ship within  which  any  such  land  may  be  situated,  to  be  obtained  in  such 
manner  as  the  legislature  of  said  State  shall,  by  law,  direct  :  And  pro- 

Proviso.  vided  also,  That  in  the  apportionment  of  the  proceeds  of  said  fund, 

each  township  within  the  districts  of  country  aforesaid,  shall  be  enti- 
tled to  such  portion  thereof,  and  no  more,  as  shall  have  accrued  from 
the  sum  or  sums  of  money  arising  from  the  sale  of  the  church  land  be- 
longing to  such  township,  (c) 

(a)  See  Xos.  5,  81. 

(b)  See  Xos.  4,  6,  16.  25.  30.  31.  32,  36,  170,  181. 

(c)  See  Xos.  11,  16,  21,  25,  29,  30,  32.  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76,  79,  80,  81, 

83,  84,  85,  87,  88,  90,  99,  102,  108,  111.  113,  126,  130,  132,  145,  155.  158,  175,  185. 


March  2, 1833. 
VoL  4,  p.  662. 


Ohio  canal. 


No.  134.— AX  ACT  to  amend  an  act  entitled  ''An  act  to  grant  a  quantity  of  land  to 
the  State  of  Illinois,  for  the  purpose  of  aiding  in  opening  a  canal  to  connect  the 
waters  of  Illinois  River  with  those  of  Lake  Michigan."  and  to  allow  further  time 
to  the  State  of  Ohio  for  commencing  the  Miami  Canal  from  Dayton  to  Lake  Erie. 
#»*#### 

SEC.  2.  And  be  it  further  enacted,  That  the  further  time  of  five  years 
be  allowed  the  State  of  Ohio  to  commence  the  Miami  Canal  from  Dayton 
10  Lake  Erie,  in  addition  to  the  time  now  allowed  therefor  by  law.  (a) 

(a)  See  Xos.  117r  120,  138,  145,  177,  182,  245. 


March  2,  1833. 
VoL  4,  p.  665. 

ppro- 


No.  135.—  AX  ACT  granting  an  additional  quantity  of  land  for  the  location  of  revo- 
lutionary  bounty-land  warrants. 

Be  it  enacted.  tS-c.,  That  the  further  quantity  of  two  hundred  thousand 
__  ™       -  *  • 


-  -  __        •  -  «  -•  •      *         i  •    .     *i    •         i  •«  •  ,  • 

priation  of  land,  acres  of  land  be,  and  the  same  is  hereby,  appropriated,  in  addition  to 
Application  of  the  quantity  heretofore  appropriated  by  the  act,  entitled  ''An  act  for 
the  relief  of  certain  officers  and  soldiers  of  the  Virginia  line  and  navy, 
and  of  the  continental  army  during  the  revolutionary  war,"  approved 
the  thirtieth  May,  one  thousand  eight  hundred  and  thirty,  and  the  act, 


OHIO 


77 


entitled  "An  act  to  extend  the  time  of  issuing  military  land-  warrants 
to  officers  and  soldiers  of  the  revolutionary  war,"  approved  the  thir- 
teenth July,  one  thousand  eight  hundred  and  thirty-two;  which  said 
appropriations  shall  be  applied  in  the  manner  provided  by  the  said  acts, 
to  the  unsatisfied  warrants,  whether  original  or  duplicate,  which  have 
been  or  may  be  issued  as  therein  directed,  to  the  officers  and  soldiers, 
and  others,  as  described  in  said  acts  :  Provided,  That  the  said  certificates 
of  scrip  shall  be  receivable  in  payment  of  any  of  the  public  lands  liable 
to  sale  at  private  entry,  (a) 
(a)  See  Nos.  12,  15,  17,  18,  27,  32,  34,  38,  42,  49,  50,  60,  71,  128,  130,  131,  139. 


Proviso. 


No.  136.— AN  ACT  to  grant  to  the  State  of  Ohio  certain  lands  for  the  support  of     June  19, 1834. 
schools  in  the  Connecticut  Western  Reserve.  Vol.  4,  p.  679. 


Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he     Lanfi  equai  to 
is  hereby,  authorized  and  required  to  reserve  from  sale,  out  of  any  pub-  one    thirty-sixth 
lie  lands  that  have  been  heretofore  offered  at  public  sale,  and  that  re-  of  Western  Re- 
main unsold  in  the  State  of  Ohio,  a  quantity  of  laud,  which,  together  Jg™-  ^£1 
with  the  lands  heretofore  granted  for  the  support  of  schools  in  the  Con-  granted,  to    be 
necticut  Western  Reserve,  in  said  State,  shall  be  equal  to  one  thirty- reserved    from 
sixth  part  of  said  Western  Reserve ;  which  said  quantity  of  land  may  ?ale-  a»d  to  vest 
be  reserved  in  sections,  or  half-sections,  or  quarter-sections ;  and,  when  m 
so  reserved,  the  same  shall  vest  in  the  said  State  of  Ohio,  for  the  support 
of  schools  in  said  Western  Reserve,  and  be  holden  by  the  same  tenure, 
and  upon  the  same  terms  and  conditions,  in  all  respects,  as  the  said 
State  now  holds,  or  may  hold,  the  lands  heretofore  granted  for  the  sup- 
port of  schools  in  said  Western  Reserve,  (a) 

(a)  See  Nos.  28,  31,  45,  47,  76,  79,  85,  102,  109,  110,  144,  150,  156,  158,  167,  168, 179. 


June  28, 1834. 
Vol.  6,  p.  573- 


No.  137.—  AN  ACT  for  the  relief  of  the  heirs  of  Arnold  Henry  Dohrman. 

Whereas  doubts  exist  as  to  the  proper  construction  of  the  resolution 
of  the  Congress  of  the  United  States  of  America,  of  the  first  of  October  Preamble. 
seventeen  hundred  and  eighty-seven,  passed  for  the  benefit  of  Arnold 
Henry  Dohrman;  and  whether,  by  virtue  thereof,  the  said  Dohrman 
was  entitled  to  sections  eight,  eleven,  twenty  -six,  and  twenty  nine,  of 
the  township  of  land  to  be  selected  by  him  under  said  resolution,  for 
the  purpose  of  removing  such  doubts,  and  quieting  the  claims  of  the 
heirs  at  law  of  said  Dohrman,  and  to  effectuate  the  intentions  of  the 
Congress  passing  said  resolution  : 

Be  it  enacted,  <j-c.,  That  the  heirs  at  law  of  Arnold  Henry  Dohrman  be,     L  an  d     claim. 
and  they  are  hereby,  confirmed  in  their  claim  to  sections  eight,  eleven,  co 
twenty-six,  and  twenty-nine,  in  township  number  thirteen,  range  seven, 
in  the  Steubenville  district,  in  the  State  of  Ohio  :  Provided,  That  this 
act  shall  only  be  construed  to  be  a  relinquishment  of  any  claim  by  the 
United  States  in  and  to  said  sections,  as  reserved  to  them  by  the  reso- 
lution of  the  first  of  October,  seventeen  hundred  and  eighty-seven,  and 
under  the  ordinance  of  seventeen  hundred  and  eighty-five,  to  the  heirs 
at  law  of  said  Arnold  Henry  Dohrman,  and  not  to*  any  other  person 
whatever,  (a) 

(a)  See  No.  24. 


Proviso. 


No.  138.—  AN  ACT  authorizing  the  selection  of  certain  Wabash  and  Erie  Canal 
lands  in  the  State  of  Ohio. 

Be  it  enacted,  fyc.,  That,  in  lieu  of  lands  sold  or  otherwise  disposed  of 
by  the  United  States,  within  the  State  of  Ohio,  and  which  would  other- 
wise  become  the  property  of  the  State  of  Indiana,  in  virtue  of  "An  act 
to  grant  a  certain  quantity  of  land  to  the  State  of  Indiana  for  the  pur- 
pose of  aiding  said  State  in  opening  a  canal  to  connect  the  waters  of 
the  Wabash  River  with  those  of  Lake  Erie,"  approved  March  second, 
eighteen  hundred  and  twenty-seven,  the  canal  commissioners  author- 
ized to  locate  the  lands  granted  as  aforesaid  for  the  use  of  the  canal 
within  the  State  of  Ohio,  be,  and  they  are  hereby,  authorized  to  select 
an  equal  quantity  from  the  alternate  sections,  which  would  otherwise 
belong  to  the  United  States  in  the  division  under  said  act,  or  from  the 
lands  recently  acquired  by  purchase  from  the  Indians,  or  from  other 
lands  in  the  neighborhood  near  the  line  of  said  canal  as  they  shall  think 
proper;  and  the  lands  thus  selected  shall  be  vested  and  disposed  of  for 
the  use  of  the  canal  as  other  lands  appropriated  by  the  act  aforesaid. 


June  30,  1834. 
Vol.  4,  p.  716. 

~~ 

61"8 


IS  OHIO. 

Former,  selec-     SEC.  2.  And  be  it  further  enacted,  That  in  case  of  selections  of  lands 
be08  aid   for    to  auth°rized  by  the  previous  section,  and  which  agreeably  to  treaty  stipu- 
commi.ssioners.     lations,  may  hereafter  be  sold  by  the  United  States  for  the  benefit  of 
the  Indians,  a  sum  equal  to  the  amount  for  which  said  lands  may  have 
been  sold,  shall  be  paid  over,  by  the  Treasurer  of  the  United  States,  to 
the  commissioners  authorized  to  receive  the  same,  for  the  use  and  ben- 
efit of  said  canal. 

Lands  reserved     SEC.  3.  And  be  it  further  enacted,  That  until  the  lands  granted  by  the 

from  sale  un-  aforesaid  act  of  March  second,  eighteen  hundred  and  twenty-seven,  shall 

til  selections  are  ^  selected  and  the  selections  contemplated  by  this  act  shall  be  made, 

the  public  lands  on  and  near  the  line  of  said  canal,  and  liable  to  the 

selections  aforesaid,  shall  be  reserved  from  sale. 

Commissioners  SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Corn- 
to  be  furnished  missioner  of  the  General  Land  Office,  to  furnish  said  commissioners  with 
a  perfect  map  of  the  surveyed  lands  on  and  contiguous  to  the  Maumee 
River  within  the  State  of  Ohio,  including  the  lands  recently  purchased 
from  the  Indians,  carefully  noting  thereon  the  lands  which  have  been 
sold  or  otherwise  disposed  of  by  the  United  States,  (a) 

(a)  See  Nos.  117,  120,  134,  145,  177,  182,  245. 


March  3, 1835.    No.  139. — AX  ACT  making  appropriations  for  the  civil  and  diplomatic  expenses 
Vol.  4,  p.' 760.  of  Government  for  the  year  one  thousand  eight  hundred  and  thirty-five. 


Land  appropri-  SEC.  2.  And  be  it  further  enacted,  That  six  hundred  and  fifty  thousand 
*H^_f0LUIl.8ati^i  acre8  °f  land,  in  addition  to  the  quantity  heretofore  appropriated  by 
the  act,  entitled  "An  act  for  the  relief  of  certain  officers  and  soldiers  of 
the  Virginia  line  and  navy,  and  of  the  continental  army  during  the  rev- 
olutionary war,"  approved  the  thirtieth  day  of  May  one  thousand  eight 
hundred  and  thirty,  and  the  act  entitled  "An  act  to  extend  the  time  for 
issuing  military  land- warrants  to  officers  and  soldiers  of  the  revolution- 
ary war,"  approved  the  thirteenth  day  of  July,  one  thousand  eight 
hundred  and  thirty-two,  and  the  act  entitled  "An  act  granting  an  addi- 
tional quantity  of  land  for  the  location  of  revolutionary  bounty-land 
warrants,"  approved  the  second  day  of  March,  one  thousand  eight  hun- 
dred and  thirty-three,  be,  and  the  same  are  hereby,  appropriated,  to  be 
applied  in  the  manner  provided  for  in  said  acts,  to  the  unsatisfied  war- 
rants whether  original  or  duplicate,  which  have  been  or  may  be  issued 
as  therein  directed  to  the  officers,  soldiers  and  others  therein  described ; 
and  the  certificates  of  scrip,  issued  pursuant  to  said  acts  shall  be  re- 
ceivable in  payment  for  any  of  the  public  lands  liable  to  sale  at  private 
Proviso.  entry :  Provided,  That  no  scrip  shall  be  issued  until  the  first  day  of  Sep- 

tember next,  and  warrants  shall  be  received  in  the  General  Land  Office 
until  that  day  and  immediately  thereafter,  if  the  amount  filed  exceed 
six  hundred  and  fifty  thousand  acres,  the  Commissioner  of  the  General 
Land  Office  shall  apportion  the  said  six  hundred  and  fifty  thousand  acres 
of  land  among  the  warrants  which  maybe  then  on  file,  in  full  satisfac- 
tion thereof,  (a) 

#*####* 

(a)  See  :Nbs.  12, 15,  17,  18,  27,  32,  34,  38,  42,  49,  50,  60,  71,  128,  130,  131,  135. 


March  3  1835     No.  140.— AX  ACT  to  authorize  the  removal  of  the  land  office  at  "Wapaughkoneta, 
Vol.  4,  p.  774.  to  Lima,  in  the  State  of  Ohio. 

Wapaughkone-  B€  ^  enacted,  <$*c.,  That  the  land  office  at  present  established  at  Wa- 
ta  land  office  re-  paughkoneta,  in  the  State  of  Ohio,  be  removed  to  Lima,  in  Allen 
moved  to  Lima.  County,  in  the  same  State,  (a) 

(a)  See  Xos.  21,  25,  29,  30,  32, 35,  39,  41,  44,  47, 52,  59,  65,  76,  79, 80, 81,  85,  88,  90,  99,  104, 
132,  158,  189. 


June  15  1836      No.  141.—  AN  ACT  to  establish  the  northern  boundary  line  of  the  State  of  Ohio, 
Vol.  5  p.  49.  and  to  provide  for  the  admission  of  the  State  of  Michigan  into  the  Union,  upon  the 

_  !  -      conditions  therein  expressed. 


[See  MICHIGAN,  No.  491.] 


OHIO.  79 

No.  142«— AN  ACT  to  settle  and  establish  the  northern  boundary  line  of  the  State     June  23,  1836. 

of  Ohio.  Vol.  5,  p.  56. 


Be  it  enacted,  #c.,  That  the  northern  boundary  of  the  State  of  Ohio     Northern boun- 
shall  be  established  by,  and  extend  to,  a  direct  line  running  from  the  dary. 
southern  extremity  of  Lake  Michigan  to  the  most  northerly  cape  of  the 
Miami  Bay ;  thence,  northeast,  to  the  northern  boundary  line  of  the 
United  States  ;  thence,  with  said  line,  to  the  Pennsylvania  line,  (a) 


(a)  See  Nos.  28.  57. 141. 


No.  143.-AN  ACT  for  the  relief  of  Henry  Stoddard.  June  23,  1836. 

Vol.  6,  p.  639. 
Be  it  enacted,  $-c.,  That  the  Secretary  of  the  Treasury  cause  to  be  is- 


sued to  Henry  Stoddard,  assignee  of  Nicholas  Smith,  who  is  assignee  of     ^  patent    for 

Francis  Dochoquet,  a  patent  for  three  hundred  and  twenty  acres  of  igau|J tohim 

land,  in  accordance  to  a  grant  of  the  chiefs  of  the  Shawnee  nation  of 

Indians,  in  the  late  Wapaghkonetta  reservation,  in  the  State  of  Ohio ; 

which  tract  of  land  is  situated  on  the  north  side  of  the  Auglaise  River, 

at  a  place  called  Cotoseka,  embracing  parts  of  sections  numbers  thirty 

and  thirty-one,  in  township  five  south,  of  range  six  east,  according  to 

the  plat  and  survey  thereof  :  Provided,  nevertheless,   That  the  patent  di-    Proviso. 

rected  to  be  issued,  as  aforesaid,  shall  only  operate  as  a  relinquishment, 

on  the  part  of  the  United  States,  and  not  against  the  rights  of  third 

persons. 

No.  144.— AN  ACT  directing  the  Commissioner  of  the  General  Land  Office  to  ascer-     June  28  1838 
tain  the  quantity  of  land  covered  by  grants  made  to  Anthony  Shane  and  to  Louis     Vol  6  n  726 
Godfroy,  in  section  sixteen,  township  four  south,  range  two  east,  in  Lima  district, 
Ohio,  and  its  value. 

Be  it  enacted,  $-c.,  That  the  Commissioner  of  the  General  Land  Office     Quantity    and 
ascertain  the  quantity  of  land  contained  in  section  sixteen,  township  J^6  wLg^l 
four  south,  range  two  east  in  Lima  district,  Ohio,  and  the  quantity  cov-  L.   Godfrey,     to 
ered  by  each  grant  made  by  the  United  States  to  Anthony  Shane  and  be    reported    to 
to  Louis  Godfroy,  in  said  section ;  and  that  he  cause  the  land  so  granted  Congress, 
to  be  appraised  by  two  judicious  and  disinterested  freeholders,  under 
oath ,  without  regard  to  the  improvements  made  thereon  ;  and  that  he 
make  report  of  the  proceedings  here  directed  to  Congress  as  soon  as  the 
same  shall  be  had.  (a) 

(a)  See  No.  67,  156. 

No.  145.— AN  ACT  to  authorize  the  sale  of  certain  public  lands  of  the  United  States     Jul.7  7>  J838. 
near  the  Wabash  and  Erie  Canal,  in  the  State  of  Ohio.  Vol.  5,  p.  261. 


Be  it  enacted,  #c.,  That  after  the  State  of  Ohio  shall  have  completed     The  President 
the  selection  of  lands  authorized  by  an  act  entitled  "An  act  authorizing  authorized      t  o 


the  selection  of  certain  Wabash  and  Erie  Canal  lands,  in  the  Scate 

Ohio,  approved  June  thirty,  eighteen  hundred  and  thirty-four,  (a)  the  due  of  lands  re- 

President  of  the  United  States  shall  be,  and  he  hereby  is,  authorized  served  by  act  of 

to  proclaim  for  public  sale  the  residue  of  the  lands  reserved  from  sale  June  30'  1834> 

by  said  act  ;  which  sale  shall  be  governed  by  the  same  rules  and  regula- 

tions, impose  the  same  duties,  and  give  the  same  rights,  which  are  pro- 

vided by  the  existing  laws  in  relation  to  other  sales  of  the  public  lands 

by  proclamation  of  the  President  :  Provided,  however,  That  no  lands  shall    Proviso. 

be  sold  at  such  sale  for  a  less  price  than  two  dollars  and  fif  tv  cents  Der 

acre. 

SEC.  2.  And  be  it  further  enacted,  That  after  the  expiration  of  the  time     Afterwards 
cl  in  the  proclamation  of  the  President  for  the  sale  authorized  in  the  an.Y  lands  unsold 
nrst  section  of  this  act,  any  lands  which  may  then  remain  unsold  shall  shal1  be  8ubJeot 

B  subject  to  sale  at  private  entry,  at  the  price  of  two  dollars  and  fifty  £cpnvate  entry- 

ts  per  acre,  and  not  less  ;  and  no  lands  hereby  authorized  to  be  sold     Not  subject  to 

mail  be  subject  to  entry  under  any  pre-emption  law  of  Congress.  (6)       entry  under  pre- 

(a)  See  Nos.  117,  120,  134,  177,  182,  245.  6mpti°n  laWS' 


?'Jft  16'  21'  25)  29'  30'  32>  36'  39'  41«  43>  44'  47>  48'  52'  56'  59>  65.  76.  79.  80,  81,  83 
,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130,  132,  133,  155,  158,  175,  185. 


80  OHIO. 

July  7, 1838.       I¥o.  146.— AN  ACT  to  extend  the  time  for  locating  Virginia  military  land-warrants 
Vol.  5,  p.  262.  and  returning  surveys  thereon  to  the  General  Land  Office. 


Time  extended     Be  it  enacted,  #c.,  That  the  officers  and  soldiers  of  the  Virginia  line 
to    August    10,  on  continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty 
lands  within  the  tract  reserved  by  Virginia,  between  the  Little  Miami 
and  Scioto  rivers,  northwest  of  the  river  Ohio,  for  satisfying  the  le- 
gal bounties  to  her  officers  and  soldiers  upon  continental  establishment, 
shall  be  allowed  until  the  tenth  day  of  August,  in  the  year  one  thou- 
sand eight  hundred  and  forty,  to  complete  their  locations  and  surveys, 
and  return  their  surveys  and  warrants,  or  certified  copies  thereof,  to  the 
All  entries  and  General  Land  Office ;  and  all  entries  and  surveys  which  may  have  here- 
surveys    hereto-  tofore  been  made  within  the  said  reservation,  in  satisfaction  of  any 
shall  be  "God  &c.  sucl1  warrants,  on  lands  not  previously  entered  or  surveyed,  or  on  lands 
not  prohibited  from  entry  and  survey,  shall  be  held  to  be  good  and 
valid,  any  omission  heretofore  to  extend  the  time  for  the  making  of 
Proviso.  such  entries  and  surveys  to  the  contrary  notwithstanding:  Provided, 

That  no  locations  as  aforesaid,  within  the  above-mentioned  tract,  shall, 
after  the  passage  of  this  act,  be  made  on  tracts  of  land  which  may  have 
.  been  previously  patented,  or  which  may  have  been  surveyed  in  satis- 

faction of  warrants  granted  for  the  legal  bounties  of  said  officers  and 
soldiers  :  And  provided,  also,  That  no  locations  as  aforesaid  shall  be  made 
on  any  lands  lying  upon  the  west  side  of  Ludlow's  line  ;  and  any  patent 
which  may  nevertheless  be  obtained  for  land  located  contrary  to  the 
provisions  of  this  act,  shall  be  held  and  considered  as  null  and  void.(a) 
No  patent  shall      SEC.  2.  And  be  it  further  enacted,  That  no  patent  shall  be  issued  by 
issue  for  a  greater  virtue  of  the  preceding  section,  for  a  greater  quantity  of  land  than 
quantity  of  land  the  rank  or  term  of  service  of  the  officer  or  soldier  to  whom,  or  to  whose 
term  of  service  of  heirs  or  assigns,  such  warrant  has  been  granted,  would  have  entitled 
the  officer  or  sol-  him  to  under  the  laws  of  Virginia  and  of  the  United  States  regulating 
dier,  to  whom  the  issuing  of  such  warrants  ;  and  whenever  it  appears  to  the  Secretary 
said  warrant  is-  of  \var  that  the  survey  made  by  any  of  the  aforesaid  warrants  is  for  a 
entitleThim *to  greater  quantity  of  land  than  the  officer  or  soldier  is  entitled  to  for  his 
under   the  laws  services,  the  Secretary  of  War  shall  certify,  on  each  survey,  the  amount 
of  Virginia.          of  such  surplus  quantity,  and  the  officer  or  soldier,  his  heirs  or  assigns, 
shall  have  leave  to  withdraw  his  survey  from  the  office  of  the  Secretary 
of  War,  and  resurvey  his  location,  excluding  such  surplus  quantity,  in 
one  body,  from  any  part  of  his  resnrvey,  and  a  patent  shall  issue  upon 
Proviso.  such  resurvey  as  in  other  cases  :  Provided,  however,  That  no  patent  shall 

be  obtained  on  any  warrant  under  this  act,  unless  there  be  produced  to 
the  Secretary  of  War  satisfactory  evidence  that  such  warrant  was 
granted  for  services  which,  by  the  laws  of  Virginia  passed  prior  to  the 
cession  of  the  Northwestern  Territory,  would  have  entitled  such  officer 
or  soldier,  his  heirs  or  assigns,  to  bounty  lands  ;  and,  also,  a  certificate 
of  the  register  of  the  land  office  of  Virginia,  that  no  other  warrant  has 
issued  from  the  said  land  office  for  the  same  services.  (6) 

(a)SeeNos.  1,  8,22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  82,  93,  98,  112,  119,  121,  123,  154,  159, 

166,  172,  174,  177,  180,  183,  184,  187,  190. 
(&)  See  No.  148. 


July  7, 1838,       No.  147.— AN  ACT  ceding  to  the  State  of  Ohio  the  interest  of  the  United  States  in 
VoL  5,  p.  296.  a  certain  road  within  that  State. 

Title  of  the  Be  il  enactedt  cj-c.,  That  all  right  or  title  of  the  United  States,  ac- 
United  States  in  quired  by  the  treaty  of  Brownstown,  in  a  certain  road  from  the  foot  of 
a  certain  road  the  rapids  of  the  Miami  of  the  Lake  to  the  western  line  of  the  Connec- 
StatcTof  O^io the  ticut  .Western  Reserve  be,  and  the  same  is  hereby,  granted  to  the  State 

(a)  Ses  Nos.  53,  72,  97,  163. 

March  3,  1839.    No.  148.— AN  ACT  to  repeal  the  second  section  of  "An  act  to  extend  the  time  for 
VoL  5,  p.  329.         locating  the  Virginia  military  land- warrants  and  returning  surveys  thereon  to  the 
General  Land  Office,"  approved  July  seventh,  eighteen  hundred  and  thirty-eight. 


a ^tTO7tdhWJul0n     Be  U  enacted  #c.,  That  the  second  section  of  "An  act  to  extend  the 
1838,  repealed"  ^'  time  for  locating  Virginia  military  land-warrants  and  returning  surveys 
thereon  to  the  General  Land  Office,"  approved  July  seventh,  eighteen 
hundred  and  thirty-eight,  be,  and  the  same  is  hereby  repealed,  (a) 
(a)  See  No.  146. 


OHIO.  81 


No.  149.— AN  ACT  for  the  relief  of  Joseph  Pierce  and  others.  March  3, 1839. 

Beit  enacted,  #c.,  That  the  sum  of  ninety-three  dollars  and  eighteen  _ 
cents,  with  interest  thereon  from  the  first  day  of  September,  one  thou-     Money  paid  for 
sand  eight  hundred  and  seventeen,  until  the  passage  of  this  act,  be  paid  certain    land   to 
to  Joseph  Pierce,   Mary  Pierce,  Jeremiah  H.  Pierce,  David  Z.  Pierce,  be  refunded. 
James  Steele,  Horatio  G.  Phillips,  Elnathan  Carey,  and  Daniel  Hubble, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated  ;  which 
sum  was  paid  by  the  said  Joseph  Pierce  and  Company  for  seventy-six 
acres  and  eighty-five  hundredths  of  land  lying  within  the  reserve  of 
twelve  miles  square  at  the  foot  of  the  rapids  of  the  Miami  of  Lake 
Erie,  in  the  State  of  Ohio,  and  the  title  to  which  tract  was  confirmed  to 
Samuel  Ewing  by  an  act  of  Congress  dated  seventh  of  May,  one  thou- 
sand eight  hundred  and  twenty-two  ;  and  that  the  said  Joseph  Pierce 
and  Company  be,  and  they  are  hereby,  exempted  from  all  further  pay- 
ments for  said  lands,  (a) 

(a)  See  No.  96. 

No.  15O.— AN  ACT  to  authorize  the  trustees  of  the  township  of  Oxford,  in  the  March  3, 1839. 
county  of  Butler  and  State  of  Ohio,  to  enter  a  section  of  land  in  lieu  of  section  Vol.  6,  p.  773. 
sixteen,  in  said  township,  for  the  use  of  schools.  


Be  it  enacted,  <fc.,  That  the  trustees  of  the  township  of  Oxford,  in  the    Authorized  to 
county  of  Butler  and  State  of  Ohio,  be,  and  they  are  hereby,  authorized  *ut*T  a  section  of 
to  enter  a  quantity,  equal  to  one  full  section,  in  legal  subdivisions  of  &c  '  1E 
not  less  than  quarter-sections,  of  any  of  the  public  lands  in  the  State  of 
Ohio,  in  lieu  of  section  sixteen  in  said  township,  which  has  been  located 
under  a  grant  to  the  use  of  the  Miami  University,  pursuant  to  an  act  of 
Congress  passed  on  the  third  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  three ;  and  the  Commissioner  of  the  Gen- 
eral Land  Office  is  directed,  upon  receiving  the  proper  evidence  of  said 
entry,  to  issue  a  patent  or  patents  therefor :  Provided,  hoivever,  That  the    Proviso, 
inhabitants  of  said  township  shall,  before  making  such  entry,  at  a  legal 
meeting  called  for  that  purpose,  agree  to  accept  thereof,  in  lieu  of  said 
section  sixteen,  for  the  use  of  schools  in  said  township :  And  provided,     Proviso. 
furthei',  That  the  said  entry  shall  not  include  town  lots  or  lands  to  which 
there  shall  be  an  existing  right  of  pre-emption  at  the  time  of  such  en- 
try ;  and  that  the  same  be  made  within  two  years  from  the  passing  of 
this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  land  so  entered  and  patented     Said  land  to  be 
in  lieu  of  said  section  sixteen,  shall  be  subjected  to  the  same  uses,  under  f?  eses  &c 
the  same  management,  and  liable  to  the  same  disposition,  in  all  respects, 
as  section  sixteen  in  said  township  granted  for  the  use  of  schools  would 
by  law  have  been,  (a) 

(a)  See  Nos.  28, 31,  45, 47, 76, 79, 85, 102, 109, 110, 136, 144, 156, 158, 167, 168, 179. 


151.— AN  ACT  for  the  relief  of  the  children  and  heirs  of  Sebastain  Sroufe      March  3,  1839. 
late  of  Ohio,  deceased.  Vol.  6,  p.  781. 


it  enacted,  #c.,  That  John  Allen  Alexander  and  James  Alexander,      Authorized  to 
children  and  heirs  of  Carnes  Alexander,  deceased,  and  Abert  Sroufe  enter    certain 
and  George  Sroufe  and  Susanna  Sroufe,  children  and  heirs  at  law  of la    ' 
Sebastian  Sroufe,  late  of  Putnam  County,  in  the  State  of  Ohio,  deceased, 
be,  and  they  hereby  are,  authorized,  within  six  months  after  the  passage 
of  this  act,  to  enter  with  the  register  and  receiver  of  the  land  office 
at  Lima,  in  said  State,  the  west  fraction  of  the  southwest  quarter  of 
section  twenty-one,  in  township  one  north,  of  range  five  east,  lying  in 
the  Lima  land  district  of  Ohio,  on  their  first  paying  to  the  receiver  of 
said  land  office  two  dollars  and  fifty  cents  per  acre  for  said  tract  of  land 


No.  152.—  AN  ACT  for  the  relief  of  Solomon  Sturges,  assignee  of  Resin  Frazier.  March  3,  1839. 

Be  it  enacted,  $c.,  That  Solomon  Sturges  be,  and  he  is  hereby,  author-  YoL6>p'786' 

ized  to  enter  one-half  quarter- section  of  land  of  any  of  the  lands  of  the  Authorized  to 
United  States  in  the  Zanesville  land  district,  in  the  State  of  Ohio,  sub-  f.nter,  land-  in 
ject  to  sale  in  private  entry,  in  lieu  of  the  east  half  of  the  northwest  ' 

quarter  of  section  nine,township  four,  range  five,  of  the  military  land  in 
6  L  O — VOL.  II. 


82  OHIO. 

the  Zanesville  land  district,  •which  was  entered  and  paid  for  to  the 
United  States  on  the  thirtieth  day  of  April,  eighteen  hundred  and  thirty- 
two,  by  one  Rezin  Frazier,  who  afterwards  assigned  the  same  and  his 
Proviso.  interest  therein  to  the  said  Solomon  Sturges :  Provided,  That  the  said 

Sturges  shall  relinquish  to  the  United  States  all  his  right  and  claim  in 
and  to  the  land  so  entered  by  said  Frazier  and  assigned  to  him,  in  such 
form  as  the  Commissioner  of  the  General  Land  Office  shall  prescribe. 


July  20, 1840.  No.  153.— AN  ACT  for  the  relief  of  Mary  Perkins. 

Vol.  6,  p.  ell.         Be  it  €nactfdt  j.Cij  That  Mary  Perkins,  of  the  county  of  Williams,  in 
Authorized  to  the  State  of  Ohio,  be,  and  she  is  hereby,  authorized  to  enter,  within 
enter     certain  twelve  months  after  the  passage  of  this  act,  with  the  register  and  re- 
ceiver of  the  land  office  at  Lima,  in  said  State,  the  following  tract  of 
land,  to  wit :  the  west  fraction  of  the  southeast  quarter  of  section  num- 
bered twenty-one,  in  township  numbered  one,  north  of  range  five  east, 
in  the  Lima  land  district,  Ohio,  she  paying  therefor,  as  other  purchasers, 
the  price  of  one  dollar  and  twenty-five  cents  per  acre. 


July  20,  1840.      No.  153a.— AN  ACT  for  the  relief  of  the  children  of  Stephen  Johnston,  deceased. 

Vol.  6,  p.  812.         £    .f  ^act€(lt  ^.Ctj  That  upon  tne  president  being  satisfied  that  the 

Land  certifi-  claim  of  the  children  of  Stephen  Johnston,  named  in  the  treaty  made 
cate  to  issue.  with  the  Pottawatomie  tribe  of  Indians,  near  the  mouth  of  the  Missis- 
sinnewa,  upon  the  Wabash,  in  the  State  of  Indiana,  on  the  sixteenth 
day  of  October,  in  the  year  one  thousand  eight  hundred  and  twenty-six, 
to  a  certain  half-section  of  land,  in  and  by  said  treaty  granted  to  them, 
the  children  of  said  Stephen  Johnston,  has  been,  or  may  have  been,  re- 
linquished to  the  United  States ;  or  that  the  same  never  has  been  se- 
lected for,  and  accepted  by  them,  he,  the  said  President,  is  requested  to 
cause  the  Commissioner  of  the  General  Land  Office  to  issue  to  the  chil- 
dren of  the  said  Stephen  Johnston,  by  their  names  Stephen  Johnston, 
and  Elizabeth  Johnston,  or  to  their  heirs  a  certificate,  receivable  in  pay- 
ment at  any  land  office  in  the  United  States,  for  any  half-section  of  land, 
not  subject  to  pre-emption. 

This  act  to  con-  SEC.  2.  And  be  it  further  enacted,  That  this  act  shall  continue  in  force 
tinue  in  force,  and  have  effect  until  the  fourth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  forty-three,  and  no  longer,  (a) 

(a)  See  Xos.  171,  184a. 


Aug.  19,  1841.     No.  154.— AN  ACT  further  to  extend  the  time  for  locating  Virginia  military  land- 
Vol.  5,  p.  449.  warrants,  and  returning  surveys  thereon  to  the  General  Land  Office. 


Sec.  l  of  act  of  Be  it  enacted,  $c.,  That  the  first  section  of  the  act  entitled  "  An  act  to 
7th  July,  1838,  re-  extend  the  time  for  locating  Virginia  military  land-warrants,  and  re- 
vived and  con-  turning  surveys  thereon  to  the  General  Land  Office,  "t  approved  July 
^muet  an.  geventj^  eighteen  hundred  and  thirty-eight,  as  to  all' warrants  issued 

prior  to  the  tenth  day  of  August,  eighteen  hundred  and  forty,  and  no 
others,  be,  and  the  game  is  hereby,  revived,  and  to  continue  in  force  until 
the  first  day  of  January,  eighteen  hundred  and  forty-four,  (a) 

(a)  See  XOP.  1,  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  82,  93,  98, 112,  119,  121,  128,  146,1 
166,  172,  174,  177,  180,  183,  184,  167,  190. 


July  -J7.  1842.     No.  155.— AX  ACT  granting  a  right  of  pre-emption  to  certain  lots  in  the  to\vn  of 
Vol.  6,  p.  836.  "     Perrysburg,  in  the  State  of  Ohio. 


Purchasers   of      Be  it  enacted,  $c.,  That  each  purchaser,  his  or  her  heirs  or  assigns,  of 
at  any  lot  or  lots  in  the  town  of  Perry sbnrg,(a)  in  the  State  of  Ohio,  at  any 
~  sale  for  taxes  thereon  assessed  by  the  laws  of  the  State,  the  title  to 
which  has  not  been  divested  from  the  United  States  in  any  other  man- 
ner than  under  color  of  such  tax  sale,  shall  have  the  right  to  enter  the 
same  at  any  time  within  one  year  from  the  passage  of  this  act,  at  the 
Land  Office  in  the  district  within  which  said  town  is  situated,  at  the 
price  for  which  the  same  was  or  were  struck  off  at  the  public  sale  of 
lots  in  said  town,  held  at  the  town  of  Wooster,  in  July,  one  thousand 
eight  hundred  and  seventeen,  with  interest  from  that  date ;  and  on 


OHIO.  83 

making  such  entry,  and  paying  for  such  lot  or  lots,  as  aforesaid,  patents    Patents  to  is- 
shall  issue  for  the  same,  in  the  manner  they  are  issued  for  other  land  8ue»  WJ 
sold  by  theUnited  States: (&)  Provided,  hoivever,  That  nothing  herein  con-    pr0viso. 
tained  shall  be  construed  to  affect  or  prejudice  the  rights  of  third  per- 
sons to  any  such  lot  or  lots,  or  to  hold  the  United  States  to  any  warranty 
of  title  purporting  to  be  conveyed  by  said  patents. 

(a)  See  Nos.  95,  163,  186. 

(6)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36.  39, 41,  43,  44,  47,  48,  52, 56,  59,  65,  76,  79,  80,  81, 
83,  84,  85,  87,  88,  90,  99, 102, 108,  111,  113,  126,  130,  132,  133, 145,  158,  175,  185. 


No.  156.— AN  ACT  to  compensate  the  township  of  Dublin,  in  Mercer  County,     Aug.  16,  1842. 
Ohio,  for  the  loss  of  school  lands.  Vol.  6,  p.  862. 


Be  it  enacted,  <fc.,  That  the  Secretary  of  the  Treasury  be,  and  he     Scrip  to  issue 
hereby  is,  authorized  to  issue  to  the  trustees  of  Dublin  township,  Mercer  to  the  trustees  of 
County,  in  the  State  of  Ohio,  land  scrip  to  the  amount  of  three  hun-  ^ti^Zs?^? 
dred  and  eleven  dollars  and  eight  cents,  in  consideration  of  that  part  of  school  lands, 
section  number  sixteen  reserved  for  the  use  of  schools  in  said  township, 
which,  previous  to  the  survey  of  said  township,  had  been  granted  by 
Congress  to  Anthony  Shane ;  and  to  the  further  amount  of  four  hun- 
dred and  twenty-six  dollars  and  sixty-two  cents,  in  consideration  of 
another  part  of  said  section  number  sixteen,  which  in  like  manner  had 
been  granted  to  Louis  Godfrey,  and  of  which  parts  of  said  section  six- 
teen the  said  Shane  and  Godfrey,  their  heirs  and  assigns,  have  posses- 
sion under  the  grants  aforesaid,  to  the  exclusion  of  the  right  to  the 
said  township  therein  ;  which  said  scrip  shall  be  issued  in  the  form  and    gcrip)   how  to 
manner  heretofore  prescribed  for  the  granting  of  scrip  for  bounty  land,  be  issued, 
and  shall  be  of  like  effect  in  the  hands  of  the  legal  holder:  Provided,    Proviso. 
however,  That,  before  the  issue  and  delivery  of  said  scrip,  the  inhabi- 
tants of  said  township,  at  a.  legal  meeting  called  for  that  purpose,  shall 
vote  to  accept  of  the  same  in  full  satisfaction  of  their  right  and  claim 

the  lands  so  granted,  and  in  full  compensation  therefor,  and  shall 

thorize  and  cause  to  be  executed  to  the  United  States,  and  filed  with! 
Commissioner  of  the  General  Land  Office,  and  to  his  approval,  a 
good  and  sufficient  deed  of  quit-claim,  in  release,  in  law  and  equity, 
of  all  claim,  right,  title,  and  interest  in  and  to  all  those  parts  of  said 
section  sixteen,  in  said  township,  which  are  included  in  and  conveyed 
by  the  grants  aforesaid  to  said  Anthony  Shane  and  Louis  Godfrey : 
And  provided,  further,  That  if  so  ordered  by  said  inhabitants,  at  such  Proviso, 
meeting,  the  execution  and  acknowledgment  of  such  deed  or  convey- 
ance, by  a  majority  of  said  trustees,  according  to  the  laws  of  Ohio,  shall 
be  deemed  and  held  a  sufficient  execution  and  acknowledgment  thereof 
y  said  inhabitants,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  scrip  so  issued  and  delivered     The  scrip,  <fco., 
the  said  Secretary  of  the  Treasury  to  said  township  of  Dublin,  or  J°  be  aPPued  to 

e  lands  or  other  things  purchased  therewith,  shall  be  held  and  applied  schools*1  * 
by  said  township  to  the  use  of  schools,  and  to  no  other  object  or  purpose, 
in  the  same  manner  as  the  said  section  sixteen,  or  the  proceeds  of  the 
sales,  or  the  rents  and  profits  thereof,  would  be  held  and  applied,  had 
the  said  land  not  been  granted  to  said  Shane  and  Godfroy,  but  had 
been  held  and  enjoyed  as  school  lands,  to  the  use  of  said  township,  by 
virtue  of  the  original  reservation  therefor.  (&) 

(a)  See  Nos.  67,  144. 

(b)  See  Nos.  28, 31, 45,  47,  76,  79,  85,  102,  109,  110,  136,  144,  150,  158,  167,  168,  179. 


IVo.  157.— AN  ACT  for  the  relief  of  Joseph  Hover,  Abelard  Guthrie  and  Edmund     March  1,  1843. 

Ogden.  Vol.  6,  p.  886. 

Be  it  enacted,  $c.,  That  the  President  of  the  United  States  be,  and  he     Patents  to  be 
hereby  is,  authorized  and  directed  to  cause  patents  to  be  issued  to  Jo-  issued  for  lands 
seph  Hover,  Abelard  Guthrie,  and  Edmund  Ogden,  their  heirs  or  legal  entered  by them- 
representatives,  for  the  lands  by  them  entered  at  the  land  office  at 
Lima,  iu  the  State  of  Ohio,  in  the  month  of  July,  in  the  year  one  thou- 
sand eight  hundred  and  forty-one,  agreeably  to  the  entries.    The  patents 
to  said  lands  having  been  withheld  on  account  of  informality  in  the 
entries :  Provided,  Said  lands  shall  not  have  been  sold  to  other  pur-     T^  •  rt 
chasers  by  the  United  States  before  the  date  of  this  act.  .rroviso. 


84  OHIO. 

March  3,1843.    No.  1 58.— AN  ACT  providing  for  the  sale  of  certain  lands  in  the  States  of  Ohio 
Vol.  5,  p.  624.  and  Michigan,  ceded  by  the  Wyandot  tribe  of  Indians,  aoid  for  other  purposes. 

Land  in  Ohio,  B€  **  ^w«c^>  $'c->  That  all  that 'tract  of  land  in  the  State  of  Ohio,  to 
ceded  by  Wyan-  which  the  Indian  title  was  extinguished  by  a  treaty  with  the  Wyandot 
dot  treaty  of  i?th  tribe  of  Indians,  concluded  at  Upper  Sandusky,  March  seventeenth, 
teched' ^district  eignteen  hundred  and  forty- two,(a)  shall  be  attached  to,  and  made 
in  which  situ-  a  part  of,  the  consolidated  land  district  in  which  it  is  situated;  and 
ated.  that  the  land  office  for  the  said  district  shall  be  removed  from  Lima 

Land  office  to  to  the  town  of  Upper  Sandusky,  within  the  tract  aforesaid,  as  soon  as 
Uiroer  &udu8kv°  in  tne  judgment  of  the  President  of  the  United  States,  such  removal 

y'  shall  be  proper.  (&) 

Part  of  the  land      SEC.  2.  And  be  it  further  enacted,  That  a  portion  of  the  tract  aforesaid, 
to  be  laid  off,  and  including  the  town  of  Upper  Saudusky,  shall,  under  the  direction  of  the 
residue  surveyed,  surveyor-general,  be  laid  off  into  town  lots,  streets,  and  avenues,  and    • 
into  out-lots,  in  such  manner  and  of  such  dimensions  as  he  may  judge 
proper  :  Provided,  That  the  land  so  laid  off  shall  not  exceed  in  quantity 
six  hundred  and  forty  acres,  nor  the  town  lots  a  quarter  of  an  acre  each, 
nor  the  out-lots  exceed  the  quantity  of  two  acres  each ;  and  the  residue 
of  the  lands  in  the  tract  shall  be  surveyed  as  other  public  lands,  in  con- 
nection with  the  adjacent  previous  surveys,  (c) 

All  the  lands,  SEC.  3.  And  be  itjurtlier  enacted,  That  all  the  public  land  in  said  tract, 
except  school  wjtn  the  exception  of  the  section  numbered  sixteen,  in  each  township, 
olferedat '  public  WQicn  shall  remain  for  the  support  of  common  schools,(<Z)  and  of  the  lots 
eale.  reserved  by  the  provisions  of  the  aforesaid  treaty,  which  shall  remain 

for  the  purposes  therein  expressed,  shall,  so  soon  as  the  surveys  and 
plats  of  the  same  be  returned  to  the  general  and  district  land  6ffices,  be  i 
offered  at  public  sale,  at  Upper  Sandusky,  under  the  superintendence  : 
of  the  register  of  the  land  office  and  the  receiver  of  public  moneys  for  • 
the  district,  at  such  time  as  shall  be  designated  by  proclamation  of  the  ; 
President  of  the  United  States ;  the  sales  to  remain  open  for  two  weeks, 
and  no  longer,  and  the  lands  not  to  be  sold  at  public  sale  nor  be  subject 
to  private  entry  thereafter  for  a  price  less  than  two  dollars  and  fifty 
cents  per  acre. 

All  the  lots,  ex-     SEC.  4.  And  be  it  further  enacted,  That  the  town  lots  and  out-lots  di- 

"•BjJfK  to  fue  rected  by  this  act  to  be  laid  off  shall,  with  the  exception  of  four  town 

town    &c    to  be  lots, to  ^e  selected  by  the  superintendents  of  the  sale,  for  the  use  of  and 

offered  at 'public  to  be  vested  in  the  town  when  it  shall  become  corporate,  and  also  of  the 

sale.  lots  reserved  by  the  seventeenth  article  of  the  aforesaid  treaty,  to  remain 

for  the  uses  therein  provided  for,  be  offered  at  public  sale  at  the  time 

the  other  lands  in  the  tract  are  offered,  and  are  to  be  subject  to  entry  at 

Proviso.  private  sale  thereafter:  Provided,  however,  That  no  town  lot  shall  be 

sold  for  less  than  twenty  dollars,  nor  any  out-lot  for  less  than  at  the  rate  ' 

of  fifteen  dollars  per  acre. 

Improved  SEC.  5.  And  be  it  further  enacted,  That,  in  executing  the  surveys  of  the 
lands  to  be  noted  ]an(j8  in  the  tract  aforesaid,  the  surveyor-general  shall  cause  the  im- 
on  piai  ir-  proved  lands  to  |,e  designated  on  the  general  plat,  and  the  position,  ex- 

tent, and  quality  of  each  improvement  to  be  carefully  noted ;  and  the 
Commissioner  of  the  General  Land  Office  shall  cause  the  superintend- 
ents of  the  sales  to  be  furnished  with  a  copy  of  the  schedule  of  the  ap- 
praised value  of  improvements  ascertained,  pursuant  to  the  fifth  article 
of  the  said  treaty ;  and  in  any  case,  where  the  lines  for  subdivision  of 
Lauds  to  be  of-  sections  shall  divide  and  injuriously  affect  the  value  of  an  improvement, 
serve  "theS the  superintendents  of  the  sale  shall  be  authorized,  under  instruction  of 
provements    en- the  Commissioner  of  the  General  Land  Office,  to  offer,  at  public  and 
tire.  private  sale,  an  entire  quarter-section,  or  half  quarter-section,  ami  to   Q 

attach  together  halves  of  two  adjacent  quarter-sections,  so  as  to  pre- 
Im  proved  serve,  as  far  as  practicable,  the  improvements  on  a  tract  entire  ;  and  if, 
tracts  to  be  with- in  offering  at  public  sale  any  tract  on  which  improvements  exist,  the  , 
drawn  from  sale  reaj  vajoe  of  the  same,  according  to  the  estimate  of  the  superintendents, 
?£u«"  bidden1*  shall  not  be  bidden,  it  shall  be  their  duty  to  withdraw  the  tract  from 
&c.  '  sale,  and  the  tracts  thus  withdrawn  from  sale  shall  again  be  offered  at 

public  sale,  due  public  notice  first  being  given,  when  directed  by  the, 
Commissioner  of  the  General  Land  Office,  (e) 

(a)SeeXos.  104.  164,  175. 

(6)  See  Nos.  21,  25,  29,  30,  32,  35,  39,  41,  44,  47,  52,  59,  65,  76,  79,  80,  81,  85,  88,  90,  99.  104 
132,  140,  189. 

(c)  See  Nos.  11,  12,  13,  21,  23,  25,  32,  36,  37,  42,  65,  76,  79,  81,  102,  119. 

(d)  See  Nos.  28,  31,  45,  47,  76,  79,  85, 102,  109,  110,  136,  144,  150,  156,  167,  168,  179. 

(e)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36,  39,  41,  43,  44, 47,  48,  52,  56,  59,  65,  76,  79,  80,  81 

83,  84,  85,  87,  88,  90  99,  102,  108,  111,  113,  126,  130,  132,  133,  145,  158,  175,  185. 


OHIO 


85 


,    .  159.—  AN  ACT  in  relation  to  the  exemplifications  of  the  records  of  land  pat-     March  3,  1843. 
ents  and  other  evidences  of  title,  and  amendatory  of  the  act  entitled  "An  act  to      yoL  ^  p>  537. 
reorganize  the  General  Land  Office."  - 

Beit  enacted,  fc.,  That  literal  exemplifications  of  any  such  records 


n 

which  have  been  or  may  be  granted  in  virtue  of  the  provisions  of  the  £ecords  to  be  a* 
seventh  section  of  the  act,  approved  on  the  fourth  day  of  July,  eighteen  vaiia  as  if  the 
hundred  and  thirtv-six,  entitled  "An  act  to  reorganize  the  General  Land  signatures   had 
Office,"  shall  be  deemed  and  held  to  be  of  the  same  validity  in  all  pro-  been  written  in 
ceedings  whether   at  law,  or  in  equity,  wherein  such  exemplifications 
are  adduced  in  evidence,  as  if  the  names  of  the  officers  signing  and 
countersigning  the  same,  had  been  fully  inserted  in  such  record. 

SEC.  2.  And  le  it  further  enacted,  That  exemplifications    granted  in     Exemplifica- 
pursuance  of  the  aforesaid  section  of  the  act  aforesaid,  of  any  warrant  tions  of  warrants 
survey,  assignment,  and  other  evidences  comprising  the  entire  muni-  falidity 
ments  of  title,  whereon  any  patent  has  been  based  for  lands  granted  by  originals. 
the  United  States  in  the  aforesaid  Virginia  military  land  district  or  else- 
wheue,  shall  be,  and  are  hereby,  declared  and  held  as  of  equal  validity 
with  the  original  patent,  warrant  survey,  assignment,  or  other  evidence 
of  title,  on  file  in  said  office,  (a) 

(a)  See  Nos.  1,  8,  22,  27,  32,  35.  45,  46.  51,  53,  64,  66,  82,  93,  98,  112.  119,  121,  128,  146,  154, 
166,  172,  174,  177,  180,  183,  184,  187,  190. 


No.  160.— AN  ACT  for  the  relief  of  John  Miller.  Mav  23,  1844. 

Be  it  enacted,  fc.,  That  the  President  of  the  United  States  be,  and  he     Yo)-  6»  P  909- 
is  hereby,  authorized  and  requested  to  cause  to  be  issued  to  John  Mil-     Land  patent  to 
ler,  of  Williams  County,  in  the  State  of  Ohio,  a  patent  for  the  west  half  be  issued, 
•of  the  northwest  quarter  of  section  twenty-two,  in  township  five  north, 
range  one  east,  containing  eighty  acres,  without  any  further  payment 
of  money  therefor  by  said  Miller. 


No.  161.— AN  ACT  for  the  relief  of  Abelard  Guthrie.  -  june  17  1344 

i  it  enacted,  ^c.,  That  the  entry  made  by  Abelard  Guthrie  at  the     Vol.  6,  p.  921. 
Lima  land  office,  in  the  State  of  Ohio,  on  the  twenty-first  day  of  May,     Land ~^t^- 
eighteen  hundred  and  thirty-nine,  of  a  tract  of  laud  known  and  dis-  confirmed,    and 
tinguished  on  the  plan  of  the  surveys  of  the  United  States'  public  lands  patent  to 'issue, 
as  the  east  half,  and  the  northwest  quarter  of  section  thirteen,  in  town- 
ship three  south  of  range  five  east,  be  and  the  same  is  hereby  confirmed : 
and  that  the  President  of  the  United  States  be,  and  he  is  hereby,  au- 
thorized to  cause  to  be  issued,  on  said  entry,  a  patent  for  the  same,  to 
the  said  Abelard  Guthrie,  his  heirs  and  assigns,  as  in  other  cases  where 
a  legal  entry  has  been  made. 


No.  162.— AN  ACT  for  the  relief  of  Solomon  Stnrges,   assignee  of   Humphrey     June  17, 1844. 

Rich  creek.  Vol.  6,  p.  926. 

Be  it  enacted,  $-c.,  That  Solomon  Sturges  be,  and  he  is  hereby,  author-     Authorized   to 
ized  to  enter  one-half  quarter-section  of  land  of  any  of  the  public  lands  enter  land,  in  lieu 
in  the  State  of  Ohio,  subject  to  sale  by  private  entry,  in  lieu  of  the  of,  &c. 
west  half  of  the  northwest  quarter  of  section  eight,  in  township  five, 
of  range  seven,  which  was  entered  and  paid  for  with  military  land 
scrip  at  the  Zanesville  land  office,  in  the  said  State  of  Ohio,  by  Hum- 
phrey Richcreek,  and  transferred  by  him  on  the  twenty-fifth  day  of 
April,  one  thousand  eight  hundred  and  thirty-two,  the  day  on  which 
said  entry  was  made  to  the  said  Solomon  Sturges :  Provided,  That  the     Proviso 
said  Solomon  Sturges  shall  relinquish  to  the  United  States  all  his  right 
and  claim  to  the  land  so  entered,  in  such  form  as  the  Commissioner  of 
the  General  Land  Office  may  prescribe,  and  also  to  the  military  land- 
scrip  with  which  said  entry  was  made. 


163, 


-AN"  ACT  to  quiet  the  titles  to  certain  lots  of  land  in  the  towns  of  Perrys- 
burg  and  Croghansville,  in  the  State  of  Ohio. 

Be  it  enacted,  $c.,  That  all  titles  to  town  lots  and  out-lots  in  the  towns 


Feb.  20, 1845. 
Vol.  5,  p.  724. 


of  Perry sburg  and  Croghansville,  in  the  State  of  Ohio,  derived  from  the  titles  are  con- 
said  State  under  color  of  the  grant  made  to  said  State  by  virtue  of  the  firmed, 
act  of  Congress  entitled  "An  act  for  laying  out  and  making  a  road  from 
the  lower  rapids  of  the  Miami  of  Lake  Erie  to  the  western  boundary 
of  the  Connecticut  Western  Reserve,  in  the  State  of  Ohio,  agreeably  to 


86  OHIO. 

the  provisions  of  the  treaty  of  Brownstown,"  approved  the  twenty- 
eighth  of  February,  one  thousand  eight  hundred  and  t  wenty-three,(a)  ber 
and  the  same  are  hereby,  recognized  as  valid  and  confirmed,  in  the  same 
manner  as  though  the  title  to  said  lots  had  been  vested  in  the  State  un- 
List  of  lots  to  der  the  aforesaid  act :  Provided,  That  the  authorities  of  the  said  State 
be  furnished  to  shall,  within  one  year  from  end  after  the  passage  of  this  act,  furnish 
General  Land  Of-  the  Commissioner  of  the  General  Land  Office  with  a  certified  list  of  all 
lots  heretofore  sold  and  disposed  of  under  color  of  the  above  recited 
Confirmations  act:  And  provided,  aho,  That  all  the  confirmations  intended  by  this  act 
only  a  relinquish-  s]ia]j  amOunt  only  to  arelinquishment  forever,  on  the  part  of  the  United 
oTt he   United  States,  of  all  their  right  and  title  whatever  to  the  lots  of  land  so  con- 
States,  firmed:  And  provided,  further,  That  nothing  in  this  act  contained  shall 
Lands  not  com- be  construed  to  comprehend  within  the  provisions  thereof  such  town 
prehended  in  this  jotg  an(i  out-lots,  or  other  tract  or  tracts  of  land,  as  may  have  been  re- 
served, or  directed  to  be  reserved,  within  the  limits  of  either  of  said 
towns  of  Perrysburg  or  Croghansville,  for  the  supportof  schools  within 
the  same,  in  and  by  the  third  section  of  the  act  entitled  "An  act  pro- 
viding for  the  sale  of  the  tract  of  land  at  the  lower  rapids  of  Sandusky 
River,"  or  in  and  by  any  provision  contained  in  the  act  entitled  "'An 
act  providing  for  the"  sale  of  the  tract  of  land  at  the  British  fort  of  the 
Miami  of  the  Lake,  at  the  foot  of  the  rapids,  and  for  other  purposes." 
But  all  such  town  lots  and  out-lots,  or  other  tract  or  tracts  of  land, 
reserved,  or  directed  to  be  reserved,  as  aforesaid,  shall  be  holdeii  sub- 
ject to  the  uses  and  trusts  in  said  acts,  and  in  other  acts  relating  to  such 
Payments  due  reserves,  designated  or  intended.    But  nothing  contained  in  this  act 
the  United  States  shall  prevent  the  original  purchasers  of  the  lots  or  lands  within  the 
and  Ohio  not  af-  ]imit8  of  the  said  towns  of  Perrysburg  and  Croghansville,  and  not  re- 
fected, linquished  to  the  United  States,  from  paying  to  the  State  of  Ohio  or  the 
General  Government  for  the  use  of  said  road  or  the  United  States  the 
money  with  the  interest  remaining  due  thereon,  on  all  such  lots  and 
lands  as  may  not  have  heretofore  been  disposed  of  by  the  authorities  of 
the  said  State  for  the  benefit  of  said  road,  (ft) 

(a)  See  Xos.  53, 72,  97,  147. 

(b)  See  Xos.  95,  155, 186. 


Feb.  26  1845.  No.  164.— AX  ACT  vesting  in  the  county  commissioners  of  the  county  of  Wyan- 
Vol'  6  p  936  dot  the  right  to  certain  town  lota  and  out-lots  in  the  town  of  Upper  Sandusky,  in 
'  the  State  of  Ohio. 


Right  to   lota      Be  it  enacted,  <)>.,  That  the  right  to  the  one-third  part  of  the  unsold 
vested     in     the  tOwn  lots  in  the  town  of  Upper  Sandusky,  by  the  act  entitled  "An  act 
commissioners,  providing  for  the  gale  of  certain  lands  in*the'States  of  Ohio  and  Mich- 
igan, ceded  by  the  Wyandot  tribe  of  Indians,  and  for  other  purposes," 
passed  March  third,  one  thousand  eight  hundred  and  forty-three,  di- 
rected to  belaid  out  and  surveyed,  and  to  one-third  part  of  the  out-lots 
of  said  town,  be  and  hereby  is,  vested  in  the  county  commissioners  of 
the  county  of  Wyandot,  in  the  said  State  of  Ohio  ;  on  condition,  never- 
theless, that  said  commissioners,  or  other  competent  authorities  of  said 
State  of  Ohio,  shall  permanently  locate  and  fix  the  seat  of  justice  of 
the  county  at  said  town,  and  that  the  uett  proceeds  of  the  sales  of  said 
town  and  out  lots  be  applied  by  said  county  commissioners,  or  other 
proper  authorities,  to  the  erection  of  public  buildings,  and  the  improve- 
ment of  the  public  squares  and  public  grounds  in  said  town,  (a) 
Lots  to  be  se-     SEC.  2.  And  be  it  further  enacted,  That  the  town  lots  and  out-lots  of 
lected,  how.          said  town  of  Upper  Sandusky,  so  to  be  granted  and  applied,  shall  be 
selected  by  alternate  and  progressive  numbers,  (every  third  town  lot 
and  every  third  out-lot,  according  to  their  numbers,  respectively,  being 
granted  and  applied  as  aforesaid)  under  the  direction  and  subject  to  the 
Proviso  control  of  the  Secretary  of  the  Treasury  :  Provided,  That  nothing  here- 

in contained  shall  be  so  construed  as  to  grant  to  and  vest  in  said  county 
commissioners  any  lot  or  lots  heretofore  appropriated  to  and  used  by  the 
Indian  agency  at  Upper  Sandusky,  and  upon  which  there  may  remain 
any  valuable'building,  orchard,  or  other  valuable  improvement,  belong- 
ing to  the  United  States  ;  and  if  any  such  town  lot  or  out-lot,  so  by  its 
progressive  numbers  selected,  should  be  found  to  comprise  and  include 
any  such  valuable  building,  orchard,  or  other  valuable  improvement, 
then  the  said  Secretary  of  the  Treasury  is  hereby  authorized  and  di- 
rected to  substitute  some  other  lot  or  lots,  of  a  fair  and  proportionate 
value, 
(a)  See  Xos.  104,  158,  175. 


OHIO.  87 

No.  165  .—AN  ACT  making  appropriations  for  the  civil  and  diplomatic  expenses,  &c.  March  3,  j  t45. 

[Survey or- general's  office  to  be  removed  to  such  place  in  the  State  of  YoL  5' p-  'J'2- 
Michigan  as  the  President  may  direct.    See  MICHIGAN,  No.  509.] 

No,  166.— AN  ACT  further  to  extend  the  time  for  locating  Virginia  military  land-  Jul/Q29'  184& 

warrants,  and  returning  surveys  thereon  to  the  General  Land  Office.  Vo1-  9>  P-  41- 


Be  it  enacted,  #c.,  That  the  act  entitled  "An  act  further  to  extend  the     Act  of  Aug.  19, 
time  for  locating  Virginia  military  land-warrants,  and  returning  sur-  1341,  for  locating 
veys  thereon  to  the  General  Land  Office,"  approved  August  nineteen,  ^YaM  warrants' 
eighteen  hundred  and  forty-one,  as  to  all  warrants  issued  prior  to  the  ^c    extended  to 
tenth  day  of  August,  eighteen  hundred  and  forty,  and  no  others,  be,  and  Jan.  l,  1848. 
the  same  is  hereby,  revived  and  continued  in   force  until  the  first  day 
of  January,  eighteen  hundred  and  forty-eight,  (a) 

(a)  See  Nos.  I,  8,  22,  27,  32,  35,  45,  46,  51,  58.  64,  66,  82,  93,  98,  112, 119,  121,  128.  146,  154, 
159,  172,  174, 177,  180, 183,  184,  187,  190. 

No.  167.— AN  ACT  authorizing  the  inhabitants  of  township  one,  of  range  thirteen     j^jo-  $  1846 
east,  Seneca  County,  Ohio,  to  relinquish  certain  lands  selected  for  schools,  and  to     V<O,p.ffM» 


obtain  others  in  lieu  of  them. 


Be  it  enacted,  $-c.,  That,  on  the  relinquishment  to  the  United  States  by     School  trustees 
the  proper  school  trustees  of  township  one,  of  range  thirteen  east,  in  of    township    l, 
Seneca  County,  Ohio,  of  all  the  right,  title,  and  interest,  of  the  inhab-  J^f^  £1  o^io 
itants  of  said  township  to  the  east  half  and  northwest  quarter  of  sec-  authorized,  on  re^ 
tion  eight,  in  township  ten  south,  of  range  nine  east,  containing  four  linquishing    cer- 
hundred  and  eighty  acres,  and  Cedar  Point,  on  Cedar  Island,  in  Lake  fain  lauds>  to  se- 
Erie,  containing  thirty-four  acres  and  eighty -nine  hundredths  of  an  \f^  fa&wof 
acre,  heretofore  selected  for  them  as  school  lauds,  under  the  provisions 
of  the  act  of  twentieth  May,  eighteen  hundred  and  twenty-six,  enti- 
tled "An  act  to  appropriate  lands  for  the  support  of  schools  in  certain 
townships  and  fractional  townships,  not  heretofore  provided  for,"  the 
said  school  trustees  be,  and  they  are  hereby,  authorized  to  select  and 
enter,  free  of  cost,  a  quantity  not  exceeding  five  hundred  and  fourteen 
acres  of  the  lands  belonging  to  the  United  States,  within  the  limits  of 
the  late  Wyandott  cession,  or  of  any  of  the  land  districts  in  the  State 
of  Ohio,  in  tracts  conforming  to  the  subdivisions  into  which  the  lands 
shall  be  represented  on  the  plats  of  survey  :  Provided,  That  the  selec-    Proviso 
tlons  hereby  authorized  to  be  made  shall  not  embrace  lands  upon  which 
the  assessed  improvements  of  Indians  have  been  made. 

SEC.  2.  And  be  it  further  enacted,  That,  when  the  lands  here  author-     «  -d   ,    d    to 
ized  to  be  selected  or  entered  shall  have  been  approved  by  the  Secre-  be    held    for 
tary  of  the  Treasury,  they  shall  be  held  by  the  inhabitants  of  the  town-  schools, 
ship  herein  first  designated,  by  the  same  tenure,  and  upon  the  same 
terms,  for  the  support  of  schools  in  said  township,  as  if  they  had  been 
selected  under  the  provisions  of  the  before-recited  act  of  twentieth 
May,  eighteen  hundred  and  twenty-six,  (a) 

(a)  See  Nos.  28,  31,  45,  47,  76,  79,  85,  102,  109,  110,  136,  144,  150, 156,  158,  168,  179. 


No.  168.— AN  ACT  authorizing  the  trustees  of  Tymochtee  township,  Wyandott     AuS-  8. 1846. 
County,  Ohio,  to  select  lands  for  schools  within  the  Wyandott  cession.  v°l- 9.  P- 675- 

Be  it  enacted,  <$-c.,  That  the  school  trustees  of  township  one  south,  of     Trustees  of  Ty 
range  fourteen  east,  in  Wyandott  County,  Ohio,  be,  and  hereby  are,  mochtee     town- 
authorized  to  select  and  enter,  free  of  cost,  two  hundred  and  twentv-  s,hip:    9¥0>  ,au: 
five  acres  of  land,  within  the  Wyandott  cession,  or  of  any  other  lauds,  ffiffffoi Stools 
within  the  State  of  Ohio,  belonging  to  the  United  States,  in  tracts  con-  in  the  Wyandott 
forming  to  the  subdivisions  into  which  the  lands  shall  be  represented  cession, 
on  the  plots  of  survey :  Provided,  The  selections  hereby  authorized  to  be     Provis°- 
made  shall  not  embrace  lands  upon  which  the  assessed  improvements 
of  Indians  have  been  made. 

SEC.  2.  And  be  it  further  enacted,  That,  when  the  lands  hereby  author-     TO  be  held  as 
ized  to  be  selected  and  entered  shall  have  been  approved  by  the  Secre-  if  selected  under 
tary  of  the  Treasury,  they  shall  be  held  by  the  inhabitants  of  the  town-  ™hool1aoiaw    of 
ship  herein  designated  by  the  same  tenure,  and  upon  the  same  terms,      y> 
for  the  support  of  schools  in  said  township,  as  if  they  had  been  selected 
under  the  provisions  of  the  general  school  law  of  the  twentieth  of  May 
one  thousand  eight  hundred  and  twenty-six,  (a) 

(a)  See  Nos.  28, 31,  45,  47,  76,  79,  85,  102, 109,  110, 136,  144, 150, 156, 158, 167, 179. 


88  OHIO. 

Jan  26  1847  ^°*  169.— AN  ACT  declaring  the  assent  of  Congress  to  certain  States  to  impose  a 
Vol.' 9  p.  118.'  tax  uP°n  a11  lanua  hereafter  sold  by  the  United  States  therein,  from  and  after  the 
day  of  such  sale. 

States  may  tax     Be  it  enacted,  $-c.,  That  the  assent  of  Congress  is  hereby  given  to  the 
*  rand|  several  States  admitted  into  the  Union  prior  to  the  twenty-fourth  day 
ay  °  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty, 
to  impose  a  tax  or  taxes  upon  all  lands  hereafter  sold  by  the  United 
States,  in  said  States,  from  and  after  the  day  of  such  sale :  Provided, 
That  the  assent  hereby  given  shall  in  no  wise  impair  that  provision  of 
the  compact  with  the  said  States  which  declares  that  all  lands  belong- 
ing to  citizens  of  the  United  States  residing  without  the  said  States 
shall  never  be  taxed  higher  than  lands  belonging  to  persons  residing 
therein,  fa) 

(a)  See  No.  28. 

NOTE.— This  act  applies  to  the  States  of  Ohio,  Louisiana,   Indiana,  Mississippi,  Illi- 
nois, and  Alabama. 


March  3,  1847.    No.  170.— JOINT  RESOLUTION  to  prohibit  the  sale  at  private  entry  of  certain 
Vol.  9,  p.  208.  lands  in  Cincinnati,  Ohio. 


Sale  of  certain  Be  **  resolved,  $-c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 
lands  in  Cincin-  hereby,  directed  to  report  to  the  next  session  of  Congress  all  the  facts 
nati,  Ohi°>  Pr°-  in  relation  to  the  title  to  the  unsold  parts,  if  any  there  be,  of  the  re- 
Factl'to  be  re  8erved  fractional  section  number  eleven,  of  fractional  township  number 
ported  to  Con-  four,  of  fractional  range  number  one,  in  J  .  C.  Symme's  purchase,  State 
gress.  of  Ohio,  together  with  the  opinion  of  the  A  ttorney-General  thereon,  and 

that  he  suspend  all  further  proceedings  in    relation  thereto,  until  the 
end  of  the  next  session  of  Congress,  (a) 
(a)  See  Nos.  4,  6,  16,  25,  30,  31,  32,  36,  133,  173,  181. 


March  3  1847     >o.  171.— JOINT  RESOLUTION  for  the  relief  of  the  children  of  Stephen  Johnson, 
Vol.  9,  p!  708. 


Register  and  Be  it  enacted,  <$-c.,  That  the  Commissioner  of  the  General  Land  Office 
receiver  of  land  cause  the  register  and  receiver  at  Upper  Sandusky,  Ohio,  to  receive  a 
office  at  Sandus-  certificate  of  the  heirs  of  Stephen  Johnson,  granted  to  them  under  "  An 
Stiacateegranta  acfc  for  tbe  relief  of  fclie  neir?  [children]  of  Stephen  Johnson,  deceased," 
ed  to  heirs  of  approved  July  twentieth,  eighteen  hundred  and  forty,  in  payment  for 
StephenJohnson;  any  half-section  of  land  in  the  Wyandot  reserve  not  otherwise  appro- 
under  the  act  of  priated :  Provided,  The  minimum  price  of  said  half-section  shall  not  ex- 

forhalf-section'S  <***  two  dollars  and  fif «*  cents  Per  acre-  («) 


the  Wyandot  re-      (a)  ^  Xos.  153a?  184a . 

SorVo. 

July  5, 1848.        No.  172.— AN  ACT  further  to  extend  the  time  for  locating  Virginia  military  land- 
Vol.  9,  p.  244.  warrants,  and  returning  surreys  thereon  to  the  General  Land  Office. 

~Act  further  to  Be  it  enacted,  $c.\  That  the  act  entitled  "  An  act  further  to  extend  the 
extend  the  time  time  for  locating  Virginia  military  land-warrants,  and  returning  sur- 
f or  locating  Vir- vey 8  thereon  to  the  General  Land  Office,"  approved  August  nineteen, 
f anad -  warnvntJ  eighteen  hundred  and  forty-one,  and  as  to  all  warrants  issued  prior  to 
&c.,  revived  and  the  tenth  day  of  August,  eighteen  hundred  and  forty,  and  no  others,  be, 
continued  i  n  and  the  same  is  hereby,  revived  and  continued  in  force  until  the  first 
force  until  Jan-  foy  of  January,  eighteen  hundred  and  fifty. 

JL»  to  warrants  ^EC.  2.  And  be  it  further  enacted,  That  the  same  right  and  privilege  is 
issued  prior  to  hereby  also  extended  for  the  same  time  to  all  such  warrants  as  have 
August  10,  1840.  issued  subsequent  to  said  tenth  day  of  August,  A.  D.  eighteen  hundred 

Also  as  to  sub-  and  forty .  provided,  That  before  the  location  thereof,  it  shaft  be  shown 
withT proviso?8'  to  the  satisfaction  of  the  Secretary  of  the  Treasury  that  suet  warrant 
was  issued  justly  and  legally,  and  that  the  person  who  received  said 
warrant  was  legally  entitled  to  the  same,  (a) 

(a)  See  Nos.  1,  8,  22.  27,  32,  35,  45,  46, 51,  58,  64,  66,  82,  93,  98,  112, 119,  121,  128,  146,  154, 
159,  166,  174,  177,  180,  183,  184,  187,  190. 


OHIO.  89 

No.  173.—  JOINT  RESOLUTION  granting  to  the  Secretary  of  the  Treasury  further  March  3,  1849. 

time  to  make  the  report  concerning  the  sale  and  entry  of  certain  lands  in  Cincin-  Vol.  9,  p.  419. 
nati. 


Resolved,  fc.,  That  the  Secretary  of  the  Treasury  have  until  the  next       Jg 
session  of  Congress  to  make  the  report  required  of  him  by  the  joint  fary  of 
resolution  to  prohibit  the  sale  at  private  entry  of  certain  lands  in  Cin-  to  make  report 
cinnati,  Ohio,  approved  March  third,  one  thousand  eight  hundred  and  concerning  sales 
forty-seven,  (i)11  «£*«<*>. 

(a)  See  No.  170. 

No.  174.—  AN  ACT  further  to  extend  the  time  for  locating  Virginia  military  land-     Feb.  20,  1850. 
warrants,  and  returning  surveys  thereon  to  the  General  Land  Office.  Vol.  9,  p.  421. 

Be  it  enacted,  $c.,  That  the  act  entitled  "  An  act  further  to  extend     Time  extended 
the  time  for  locating  Virginia  military  land-warrants,  and  returning  for  locating  cer- 
surveys  thereon  to  the  General  Land  Office,"  approved  July  fifth,  tain  Virginia  mil- 
eighteen  hundred  and  forty-eight,  and  as  to  all  warrants  issued  prior  itaiT    land-war- 
to  the  tenth  day  of  August,  eighteen  hundred  and  forty,  and  no  others,  raQts'  &c- 
be,  and  the  same  is  hereby,  revived  and  continued  in  force  until  the 
first  day  of  January,  eighteen  hundred  and  fifty-two. 

SEC.  2.  And  be  it  further  enacted,  That  the  same  right  and  privilege  is 
hereby  also  extended  for  the  same  time  to  all  such  warrants  as  have 
issued  subsequent  to  said  tenth  day  of  -August,  eighteen  hundred  and 
forty  :  Provided,  That  before  the  location  thereof,  it  shall  be  shown  to  Proviso. 
the  satisfaction  of  the  Secretary  of  the  Treasury,  that  such  warrant  was 
issued  justly  and  legally,  and  that  the  person  who  received  said  warrant 
was  legally  entitled  to  the  same,  (a) 

(a)  SeeNos.  1,  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66/82,  93,  98,  112,  119,  121,  128,  146,  154, 
159,  166,  172,  177,  180,  183,  184,  187,  190. 


No.  175. — AN  ACT  to  amend  an  act  entitled  "An  act  providing  for  the  sale  of  cer-     July  12, 1852. 
tain  lands  in  the  States  of  Ohio  and  Michigan,  ceded  by  the  Wyandott  tribe  of  In-     Vol.  10,  p.  15. 

dians,  and  for  other  purposes,"  approved  on  the  third  day  of  March,  eighteen  hnn- 

dred  and  forty-three. 


Be  it  enacted,  $c.,  That  so  much  of  the  fifth  section  of  the  act  of  which  18?3art  of  fc)  of 
this  is  amendatory,  as  declares  that  if,  in  offering  at  public  sale  any  tract  '  re 
of  land  ceded  by  tho  Wyandotts  under  the  treaty  concluded  with  that 
tribe  on  the  seventeenth  March,  eighteen  hundredforty-two,(a)  on  which 
improvements  exist,  the  real  value  of  the  same,  according  to  the  esti- 
mates of  the  superintendents,  shall  not  be  bidden,  it  shall  be  their  duty 
to  withdraw  the  tract  from  sale,  and  the  tracts  thus  withdrawn  from 
sale  shall  [again]  be  offered  at  public  sale,  due  public  notice  first  being 
given,  be,  and  the  same  is  hereby  repealed ;  and  all  such  lands  shall  be 
exposed  at  public  sale  to  the  highest  bidder,  at  such  time  and  place  as 
the  Commissioner  of  the  General  Land  Office  may  direct,  subject  to  the 
minimum  price  per  acre  of  two  dollars  and  fifty  cents.  (&) 

(a)  See  Nos.  104,  158,  164. 

<6)  See  Nos.  11,  16,  21,  25,  29,  30,  32,  36.  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,   76,  79,  80,  81, 
83,  84,  85,  87,  88,  90,  99,  102,  108,  111,  113,  126,  130, 132, 133, 145, 155, 158, 185. 


No.  176.— AN  ACT  in  relation  to  a  certain  lot  of  land  in  the  town  of  Gnadenhutten,     juiy  13  1852 

in  the  State  of  Ohio.  Vol.  10,'p.  15. 

Be  it  enacted,  #c.,  That  the  lot  of  land  in  the  town  of  Gnadenhutten 


-i      Reservation  of 


m  the  county  of  Tuscarawas,  in  the  State  of  Ohio,  heretofore  reserved  iand^n  Gnaden- 
under  the  act  entitled  "An  act  providing  for  the  disposition  of  three  hutten     for     a 
several  tracts  of  land  in  Tuscarawas  County,  in  the  State  of  Ohio,'  and  market     square, 
for  other  purposes,"  approved  May  twenty-sixth,  one  thousand  eight  maybe  used  for 
hundred  and  twenty-four,  for  the  purpose  of  a  market  square,  may  be  ot 
used,  for  any  other  public  purpose,  upon  such  terms  as  shall  be  pre- 
scribed by  the  Secretary  of  the  Interior,  in  order  to  secure  the  rights  of 
all  parties  interested  therein,  (a) 
<a)  See  Nos.  12, 102,  111,  113. 


90  OHIO. 

August  31,  1852.  No.  177.—  AN  ACT  making  further  provisions  for  the  satisfaction  of  Virginia 
VoljlO,  p.  143.  land  warrants. 

Unsatisfied     Be  it  enacted,  <f-c.,  That  all  unsatisfied  outstanding  military  land-  war- 
Virginia  military  rants  or  parts  of  warrants  issued  or  allowed  prior  to  the  first  day  of 
land-  warrants  March,  eighteen  hundred  and  fifty-two,  by  the  proper  authorities  of 
may  be   snrren-  the  commonwealth  of  Virginia  for  military  services  performed  by  the 
oft  heUniteS  officers  and  soldiers,  seamen  or  marines,  of  the  Virginia  State  and  con- 
States  payable  in  tinental  lines  in  the  Army  or  Navy  of  the  Revolution,  may  be  surren- 
public  lands  is-  dered  to  the  Secretary  of  the  Interior,  who,  upon  being  satisfied,  by  a 
sued    in    Iieurevi8ion  of  tke  proofs  or  by  additional  testimony,  that  any  warrant 
thus  surrendered  was  fairly  and  justly  issued  in  pursuance  of  the  laws 
of  said  commonwealth,  for  military  services  so  rendered,  shall  issue 
land  scrip  in  favor  of  the  present  proprietors  of  any  warrant  thus  sur- 
rendered, for  the  whole  or  any  portion  thereof  yet  unsatisfied,  at  the 
rate  of  one  dollar  and  tweuty-'five  cents  for  each  acre  mentioned  in  the 
warrant  thus  surrendered  and  which  remains  unsatisfied,  which  scrip 
Scrip  made  as-  shall  be  receivable  in  payment  for  any  lands  owned  by  the  United  States 
aignable.  subject  to  sale  at  private  entry;  and  said  scrip  shall,  moreover,  be  as- 

h  F  °  there1  are  sigpable  t>y  indorsement  attested  by  two  witnesses.  In  issuing  such 
m  o6r  e  than  one  scrip,  the  said  Secretary  is  authorized,  when  there  are  more  persons 
person  interest-  than  one  interested  in  the  same  warrant  to  issue  to  each  person  scrip 
ed,  or  where  f  or  his  or  her  portion  of  the  warrant  ;  and  where  infants  or  feme  coverts 
Ih6f  erne6  Coverts'  ma>^  ^e  entitled  to  any  scrip,  the  guardian  of  the  infant  and  the  hus- 
°rproviso.  band  of  the  feme  covert  may  receive  and  sell  or  locate  the  same.  Pro- 

rided,  That  no  less  than  a  legal  subdivision  shall  be  entered  and  paid  for 
by  the  scrip  issued  in  virtue  of  this  act. 

This  act  to  be  SEC.  2.  And  be  [it]  further  enacted,  That  this  act  shall  be  taken  as  a 
in  full  satisfac-  full  and  final  adjustment  of  all  bounty-land  claims  to  the  officers  and 
tion  of  Virginia  soldiers,  seamen  and  marines  of  the  State  of  Virginia,  for  services  in 
warrants7  the  war  of  the  Revolution:  Provided,  That  the  State  of  Virginia  shall 

Provided,    she  by  a  proper  act  of  the  legislature  thereof  relinquish  all  claim  to  the 
shall    relinquish  lands  in  the  Virginia  military  land  district  in  the  State  of  Ohio,  (a) 
all  claims  to  her      gEC  3    And  ie  it  furtJt€r  enacted,  That  in  settling  the  claims  of  the 
in"  Oh:  \o    '        V6  State  of  Ohio>  under  the  acts  of  Marcn  second,  eighteen  hundred  and 
Settlement    of  twenty-seven,  and  May  twenty-  fourth,  eighteen  hundred  and  twenty- 
claim  of  Ohio  for  eight,  granting  lands  to  said  State  for  canal  purposes,  the  same  princi- 
- 


and  1828  the  act  of  May.  the  ninth,  eighteen  hundred  and  forty-eight,  entitled 

"  " 


, 
canal  lands  un-  p^  8nall  ^e  acted  upon  as  have  been  applied  under  the  provisions  of 

t  . 

An  act  in  addition  to  an  act  therein  mentioned,"  for  the  settlement  of 
the  claims  of  the  State  cf  Indiana,  accruing  under  the  said  act  of  March 
the  second,  eighteen  hundred  and  twenty-seven.  (&) 

(a)  See  Nos.  1,  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  82,  93,  98,  112,  119,  121,  123,  146,  154, 
159,  166,  172,  174,  180.  183,  184,  187,  190. 

(b)  See  Kos.  117,  120,  134,  138,  145,  182,  245. 


Feb  14  1853       *"»•  178.— AN  ACT  granting  the  right  of  way  to  the  Saint  Louis  and  Iron  Mount- 
Vol/10,  p.  754.  ain  Railroad  Company,  and  for  other  purposes. 


Eightof  way  at  SEC.  2.  And  ~be  it  further  enacted,  That  the  right  of  way  be  and  the  same 
Cleveland  grant-  js  hereby  granted  to  the  Cleveland  and  Pittsburgh  Railroad  Company, 
5**°  t;he.  Clf™'  and  aWthe  right  of  way  to  the  Cleveland,  Painesville,  and  Ashtabula 
bursh  Railroad,"  Railroad  Company  across  the  hospital  grounds,  so  called,  belonging  to 
andeto  the  Cleve-  the  United  States,  in  the  city  of  Cleveland,  in  the  State  of  Ohio ;  the 
land,  Painesville  vddth  of  each  of  said  roads  across  said  hospital  grounds  not  to  exceed 
RI  48htabula  sixty  feet  where  said  roads  are  now  respectively  located :  Provided,  That 
Provisos  said  conveyances  can,  in  the  opinion  of  the  Secretary  of  the  Treasury,  be 

made  without  detriment  to  the  interests  of  the  United  States:  And  pro- 
vided further,  That  the  said  grant  shall  be  and  is  hereby  made  subject  to 
such  conditions  as  the  said  Secretary  of  the  Treasury  shall  impose  on  the 
said  companies  respectively,  for  the  protection  and  security  of  the  grounds 
from  abrasions  by  the  waters  of  Lake  Erie :  And  provided  further,  That 
whenever  the  said  roads  shall  be  discontinued  or  abandoned,  or  the  con- 
ditions of  this  grant  shall  be  violated,  all  rights  under  this  act  shall 
ceatfe  and  determine. 


OHIO.  91 

No.  179.-AN  ACT  for  the  relief  of  the  civil  township  of  Marion,  in  the  county  of     Aug.  3, 1854. 

Mercer,  Ohio.  Vol.  10,  p.  81 8. 

Be  it  enacted,  4-0.,  That  the  trustees  of  the  civil  township  of  Marion,     Trustees  of  the 
in  the  county  of  Mercer,  and  State  of  Ohio,  be,  and  they  are  hereby,  township  of  Ma- 
authorized  to  select,  out  of  the  unsold  lands  of  the  United  States,  in  gJJJJyJa to  s'eiect 
said  State,  one  section  of  land  for  school  purposes,  in  lieu  of  section  a  section  in  lieu 
sixteen,  to  which  said  township  is  entitled  by  acts  of  Congress;  and  of   section    six- 
when  the  said  trustees  shall  have  selected  said  section  of  land,  they  shall teen- 
notify  the  register  of  the  land  office  of  the  district  in  which  said  lands 
lie,  and  the  same  shall  be  reserved  for  sale,  and  set  apart  for  the  use  of 
schools  in  said  township :  Provided,  That  said  selection  and  notification 
be  made  within  twelve  months  from  the  passage  of  this  act :  And  pro- 
vided further,  That  said  selection  shall  be  made  of  legal  subdivisions  of 
the  public  lands,  and  in  quantities  of  not  less  than  one  hundred  and 
sixty  acres. 

SEC.  2.  And  be  it  further  enacted,  That  the  title  to  the  said  lands,  when     Title  to  and 
so  selected  and  set  apart,  shall  vest  in  the  State  of  Ohio,  for  the  use  of  disposition  of  the 
common  schools  in  said  township,  and  shall  be  subject  to  the  same  dis-  |J. 
position  and  uses  that  the  sections  sixteen  in  said  State  have  been  made, 
by  the  various  acts  of  Congress  affecting  the  same,  (a) 

(a)  See  Nos.  28,  31,  45,  47,  76,  79,  85, 102, 109, 110, 136, 144, 150, 156, 158, 167, 168. 


No.  ISO.— AN  ACT  allowing  the  further  time  of  two  years  to  those  holding  land     Dec  19  1854. 
hy  entries  in  the  Virginia  military  district  in  Ohio,  which  were  made  prior  to  firs     yol.  io,'p.  598. 
January,  eighteen  hundred  and  fifty-two,  to  have  the  same  surveyed  and  patented 


Be  it  enacted,  #c.,  That  the  officers  and  soldiers  of  the  Virginia  line,  or 
continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty  making  returns, 
lands,  which  have,  prior  to  the  first  day  of  January,  anno  Domini,  eight- 
een hundred  and  fifty-two,  been  entered  within  the  tract  reserved  by 
Virginia,  between  the  Little  Miami  and  Sciota  rivers,  for  satisfying  the 
legal  bounties  to  her  officers  and  soldiers,  upon  continental  establish- 
ment, shall  be  allowed  the  time  of  two  years,  from  and  after  the  passage 
of  this  act,  to  make  and  return  their  surveys  and  warrants,  or  certified 
copies  of  warrants,  to  the  General  Land  Office,  (a) 

(a)  See  Nos.  1, 8, 22, 27, 32, 35,  45,  46,  51, 58, 64,  66,  82,  93, 98,  112,  119,  121,  128, 146, 154, 
159, 166, 172, 174,  177,  183,  184,  187,  190. 


No.  1 81  .—AN  ACT  vesting  the  title  of  the  United  States  to  certain  land  in  the  city     Dec.  29, 1 854. 

of  Cincinnati.  Vol.  10,  p.  601. 


Be  it  enacted,  #c.,  That  the  title  and  interest  of  the  United  States  to     Title  of  the 
the  unsold  land  (if  any  there  be)  in  fractional  section  number  eleven,  United  States  to 
in  fractional  township  number  four,  in  fractional  range  number  one,  u.ns°ld  land,  sec- 
of  John  Cleve  Symme's  purchase  of  lands,  within  the  now  State  of  Ohio,  fSnSfta  j£n 
be,  and  the  same  hereby  is,  vested  in  the  corporate  authorities  of  the  <j.  SymmVs  pur- 
4city  of  Cincinnati,  and  their  successors  in  office,  and  in  any  other  occu-  chase,  vested  in 
pants  of  the  same,  in  severalty,  upon  payment  to  the  Commissioner  of  Cincinnati,  anc 
the  General  Land  Office  of  the  minimum  price  of  land  subject  to  entry  :  ot 
Provided,  That  nothing  in  this  act  shall  be  so  construed  as  to  impair  the 
legal  or  equitable  rights  of  any  other  person  or  persons  to  the  said  land, 
or  to  any  part  thereof,  (a) 

(a)  See  Nos.  4, 6, 16, 25, 30, 31, 32, 36, 133, 170, 173. 


No,  182.— AN  ACT  to  confirm  the  canal  selections  in  the  State  of  Ohio.  March  2  1855 


Be  it  enacted,  #c.,  That  the  selections  of  land  by  the  State  of  Ohio,  for  Vol.  10,  P.  634. 
canal  purposes,  under  the  act  of  second  March,  eighteen  hundred  and  canal  selec- 
twenty-seven,  and  twenty-fourth  May,  eighteen  hundred  and  twenty-  tions  by  Ohio, 
eight,  be,  and  the  same  are  hereby,  confirmed,  (a)  under  acts  of 

(a)  See  Nos.  117, 120, 134, 138, 145,  177, 245.  confirmed 


92 


OHIO. 


March  3, 1855.    No.  183.— AN  ACT  allowing  the  further  time  of  two  years  to  those  holding  lands 
Vol.  10,  p.  701.        by  entries  in  the  Virginia  military  district  in  Ohio,  which  were  made  prior  to  the 
-     first  [of  1  January,  eighteen  hundred  and  fifty-two,  to  have  the  same  surveyed  and 
patented. 

Extension    of     Be  it  enacted,  #c.,  That  the  officers  and. soldiers  of  the  Virginia  line  on 
time  for  making  continental  establishment,  their  heirs  or  assigns,  entitled  to  bounty 
surveys  of  Tir^  lands,  which  have,  prior  to  the  first  day  of  January,  anno  Domini 
ginia      military  eighteen  hundred  and  fifty-two,  been  entered  within  the  tract  reserved 
Bounty  lands.       by  Virginia,  between  the  Little  Miami  and  Sciota  rivers,  for  satisfying 
the  legal  bounties  to  her  officers  and  soldiers  upon  continental  estab- 
lishment, shall  be  allowed  the  further  time  of  two  years  from  and  after 
the  passage  of  this  act  to  make  and  return  their  surveys  and  warrants, 
or  certified  copies  of  warrants,  to  the  General  Land  Office. 

Act  of  1854  re-      SEC.  2.  And  be  it  further  enacted,  That  the  act  entitled  "  An  act  allow- 
pealed.  ing  the  further  time  of  two  years  to  those  holding  lands  by  entries  in  the 

Virginia  military  district  in  Ohio,  which  were  made  prior  to  first 
January,  eighteen  hundred  and  fifty-two,  to  have  the  same  surveyed  and 
patented, "  approved  December  nineteenth,  eighteen  hundred  and  fifty- 
four,  be,  and  the  same  is  hereby,  repealed,  (a) 

(a)  See  Nos.  1,  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  82,  93,  98,  112,  119,  121,  128,  146, 
154,  159,  159,  166,  172,  174,  177,  180,  184,  187,  190. 


June  22, 1860. 
VoL  12,  p.  84. 


No.  184.— AN  ACT  to  declare  the  meaning  of  the  act  entitled  "  An  act  making 
further  provisions  for  the  satisfaction  of  Virginia  land  warrants,"  passed  August 
thirty-one,  eighteen  hundred  and  fifty-two. 


Construction  Be  it  enacted,  $c.,  That  the  Secretary  of  the  Interior,  in  executing 
of  act  of  1852.  tke  provisions  of  the  act  passed  August  thirty-one,  eighteen  hundred 
and  fifty-two,  entitled  "  An  act  making  further  provision  for  the  satis- 
faction of  Virginia  land  warrants,"  be  required  so  to  construe  the  same 
as  to  authorize  the  satisfaction  in  scrip  of  all  warrants  or  parts  of  war- 
rants issued  on  allowances  made  by  the  executive  of  Virginia  prior  to 
the  first  day  of  March,  eighteen  hundred  and  fifty-two,  coming  within 
the  principles  already  recognized  by  the  Department  of  the  Interior  in 
the  execution  of  the  provisions  of  the  said  act,  and  whether  issued  before 

Proviso.  or  since  the  first  day  of  March,  eighteen  hundred  and  fifty-two :  Provided, 

however,  That  no  warrant  or  part  of  a  warrant  shall  be  satisfied  in  scrip, 
founded  or  issued  on  any  allowance  made  by  the  executive  of  Virginia 
since  the  first  day  of  March,  eighteen  hundred  and  fifty-two,  (a) 

(a)  See  Nos.  1,8,22,27,32,  35,45,46,   51,58,64,66,82,93,98,112,  119,  121,128,  146,  154, 
159,  166,  172, 174, 177,  180, 183, 187, 190. 


Feb.  9,  1863. 
Vol.  12,  p.  915. 

Preamble. 


No.  184a.— AN  ACT  to  authorize  the  Court  of  Claims  of  the  United  States  to  hear 
and  determine  the  claim  of  the  heirs  of  Stephen  Johnston,  deceased. 

Whereas  by  an  act  of  Congress,  passed  July  twentieth,  eighteen 
hundred  and  forty,  for  the  relief  of  the  children  of  Stephen  Johnston, 
deceased,  said  heirs  were  thereby  authorized  to  surrender  to  the  United 
States  certain  lands,  and  to  receive  in  lieu  thereof  a  certificate  ''receiv- 
able in  payment  at  any  land  office  of  the  United  States  for  any  half- 
section  of  land  not  subject  to  preemption ; "  and  whereas  said  heirs,  in 
pursuance  of  the  provisions  of  said  act,  did,  on  the  second  day  of  Feb- 
ruary, anno  Domini  eighteen  hundred  and  forty-one,  surrender  said 
land,  and  did  receive  a  certificate  as  aforesaid,  and  did  thereafter  twice 
make  application  to  the  Commissioner  of  the  General  Land  Office  for 
the  purchase  of  one  half-section  of  the  public  lands  of  the  United  States 
with  said  certificate,  which  several  applications  were  refused  by  said 
Commissioner,  although  at  the  time  of  said  applications  the  lands  ap- 
plied for  were  duly  authorized  to  be  sold;  and  whereas  it  was  the  mani- 
fest intention  of  Congress,  by  the  passage  of  said  act,  to  give  to  said 
heirs  the  right  to  make  choice  of  and  purchase  with  said  certificate  any 
half-section  of  the  public  lands  of  the  United  States,  in  order  to  com- 
pensate said  heirs  for  the  loss  of  a  judicious  selection  of  land  granted 
to  them  by  the  provisions  of  a  treaty  made  by  the  United  States  with 
the  Pottawatomie  Indians  on  the  sixteenth  day  of  October,  anno  Domini 
eighteen  hundred  and  twenty-six ;  and  whereas  since  the  passage  of 
said  act,  and  the  issuing  of  said  certificate,  the  most  valuable  lands  of 
the  United  States  have  been  disposed  of  and  made  subject  to  preemp- 
tion, and  the  holders  of  the  certificate  have  been  deprived  of  the  use 


OHIO.  93 

thereof  in  the  purchase  of  such  valuable  lands  by  reason  of  the  decis- 
ions aforesaid ;  and  whereas  there  are  now  no  public  lands  of  the  United 
States  upon  which  said  certificate  could  be  used,  affording  anything  like 
a  just  compensation  to  said  heirs  for  the  loss  of  a  judicious  selection  for 
them  under  the  provisions  of  the  treaty  aforesaid :  Therefore — 

Be  it  enacted,  <fc.,  That  the  claim  of  the  heirs  of  Stephen  Johnston,     Claim  of  heirs 
deceased,  be,  and  the  same  is  hereby,  referred  back  to  the  Court  of  ^°te^en1)e°^. 
Claims  of  the  United  States,  together  with  the  record  and  papers  of  the  ferrea    ^ck   to 
case  of  Stephen  Johnston  and  others  against  the  United  States,  formerly  Court  of  Claims. 
heard  in  said  court ;  thereupon  said  court  is  authorized  and  directed  to     Direction     t  o 
order  proof  to  be  taken  of  the  value  of  such  a  selection  of  one  half-sec-  the  court, 
tion  of  land  within  the  boundaries  of  the  treaty  aforesaid  as  said  heirs 
were  justly  and  equitably  entitled  to,  as  it  was  on  the  second  day  of 
February,  anno  Domini  eighteen  hundred  and  forty-one;  and  in  esti-  ."Value of  selec- 
mating  the  value  of  such  a  selection  as  it  was  on  the  day  aforesaid,  all tlon> 
or  any  improvements  upon  the  land  so  valued  shall  not  be  considered, 
but  the  value  of  such  a  selection  shall  be  estimated  considering  its  nat- 
ural advantages  of  position,  &c.,  and  any  increase  of  value  from  extrin- 
sic and  general  causes  to  the  date  aforesaid. 

SEC.  2.  And  be  it  further  enacted,  That  when  the  value  of  such  a  selec-     Court  to    add 
tion  shall  be  so  ascertained  by  the  proof,  and  thereupon  determined  by  interest, 
the  court,  which  is  hereby  required,  said  court  shall  add  interest  upon 
the  value  so  determined  from  February  second,  eighteen  hundred  and 
forty-one,  and  thereupon  to  ascertain  and  determine  what  amount  of     To  decide    on 
land  scrip  of  the  United  States,  as  hereinafter  provided,  may  be  neces-  amount  of  land 
sary  to  be  issued  to  said  heirs  in  compensation  and  satisfaction  of  the  scrip  to  be  issued 
amount  so  ascertained  and  determined  by  the  court.    And  thereupon to  heir8- 
said  court  shall  order  the  amount  so  ascertained  to  be  issued.    And  the 
Secretary  of  the  Interior  of  the  United  States  shall,  and  he  is  hereby     Secretary     of 
authorized  and  required,  upon  the  order  aforesaid,  and  the  surrender  of  ?nt^rior  to,  issije 
the  land  certificate  now  held  by  said  heirs  to  the  United  States,  to  Stephen0"  John? 
cause  to  be  issued  to  said  heirs,  to  wit :    To  Stephen  Johnston  and  ston,   &c.,  Eliza 
his  heirs  and  assigns,  and  to  Eliza  Winans  and  her  heirs  and  as-  Winans,  &c. 
signs,  in  equal  proportions,  severally,  land  scrip  of  the  United  States 
to  the  amount  ascertained  and  determined  by  the  court  as  aforesaid, 
which  scrip  shall  be  receivable  in  payment  for  any  lands  of  the  United 
States  subject  to  private  entry,  the  minimum  price  of  which  does  not 
exceed  one  dollar  and  twenty-five  cents  per  acre  for  each  acre  mentioned 
in  the  certificates  of  scrip  so  issued ;  and  said  land  scrip,  if  offered,  shall     Scrip    receiva- 
be  receivable  in  payment  of  any  lands  of  the  United  States  the  sale  of  JgJ 
which  is  authorized  by  law,  the  value  of  said  scrip  to  be  estimated  at 
one  dollar  and  twenty-five  cents  for  each  acre  of  land  therein  named. 
That  is  to  say,  scrip  for  eighty  acres  of  land  shall  be  deemed  to  be  of  the 
value  of  one  hundred  dollars,  and  shall  be  received  as  so  much  money 
when  offered  in  payment  of  land  worth  more  than  one  dollar  and  twenty- 
five  cents  per  acre,  and  the  same  rule  shall  apply  to  the  scrip  issued  for 
a  greater  or  less  number  of  acres ;  and  said  land  scrip  shall,  moreover,  in^r^ement 
be  assignable  by  endorsement,  attested  by  two  witnesses,  and  shall  be     Attested, 
issued  in  legal  subdivisions  in  the  following  manner,  to  wit :  For  each    Issued  in  legal 
section  to  be  issued  one  certificate  of  t.crip  for  one  hundred  and  sixty  subdivisions. 
acres,  four  certificates  for  eighty  acres  each,  and  four  certificates  for 
forty  acres  each :  Provided,  That  if  there  shall  be  any  fraction  less  than     Proviso, 
forty  acres  to  make  up  the  amount  to  be  issued,  the  same  shall  be  so 
issued:  And  provided,  further,  That  when  so  issued  and  delivered  shall  ,  S°riP  *°. b®.  *" 
be  in  full  satisfaction  and  adjustment  of  the  claim  aforesaid,  (a)  of  the  claim 

(a)  See  Nos.  153a,  171. 

No.  185.— AN  ACT  in  relation  to  islands  in  the  Great  Miami  River.  v?15  ~'  S?8' 

Be  it  enacted,  $c.,  That  in  the  case  of  such  islands  in  the  Great  Miami  _ 
River,  in  the  State  of  Ohio,  as  are  undisposed  of,  or  any  vacant  public    iaiandg  in  the 
lands  adjacent  thereto,  which  are  in  the  actual  and  exclusive  occupancy  Great        Miami 
of  any  persons  who  have  made  improvements  thereon,  or  of  their  heirs  River, 
or  assigns,  such  occupants  thereof  shall  have  the  preference  right  to 
enter  the  same  at  two  dollars  and  fifty  cents  per  acre,  on  making  proof 
of  the  facts  to  the  satisfaction  of  the  Commissioner  of  the  General  Land 
Office,  and  paying  for  the  land  within  twelve  months  from  the  passage 
of  this  act,  and  patents  shall  issue  for  the  tracts  so  entered  as  usual  in 
entries  of  public  lands,  (a) 

(a)  See  Nos.  11, 16.  21,  25,  29,  30,  32,  36,  39,  41,  43,  44,  47,  48,  52,  56,  59,  65,  76.  79,  80,  81, 
83,  84,  85,  87,  88,  90,  99,  102,  108,  111,  1J3,  126,  130,  132,  133,  145,  155,  158,  175. 


M  OHIO. 

July  11  1870      Wo.  186.— AX  ACT  relinquishing  whatever  title  may  remain  in  the  United  States 
Vol.  16,  p.  230.          to  a  certain  parcel  of  ground  in  Fremont,  Ohio,  to  the  corporation  of  Fremont. 

Title  of  the  Be  it  enacted,  #c.,  That  whatever  title  may  remain  in  the  United 
United  States  to  States  to  a  parcel  of  ground  in  the  city  of  Fremont,  (formerly  Crog- 
certain  land  in  hansville.)  Ohio,  laid  out  under  the  act  of  Congress  of  April  twenty-six, 
Sauted  to  that  eigQteen  hundred  and  sixteen,  which  is  not  included  in  any  of  the  lots, 
town.  out-lots,  streets,  and  avenues  of  the  city,  but  lying  between  the  lots, 

streets,  and  avenues,  and  the  Sandusky  River,  as  indicated  on  the  offi- 
cial plat  of  the  town  of  Croghansville,  be,  and  the  same  is  hereby,  re- 
linquished to  the  corporation  of  Fremont,  (a) 

(a)  See  Nos.  95,  155,  163. 


Feb.  18,  1871.     No.  187.— AN  ACT  to  cede  to  the  State  of  Ohio  the  unsold  lands  in  the  Virginia 
VoL  16,  p.  416.  military  district  in  said  State. 

Unsold     lands     Be  it  enacted,  #c,,  That  the  lands  remaining  unsurveyed  and  unsold  in 

in  the  Virginia  the  Virginia  military  district  in  the  State  of  Ohio  be,  and  the  same  are 

in ' Chief  cede^to  herebv»  ceded  tothe  State  of  9hio>  UPOD  the -conditions  following,  to 

Ohio>    '  wit :  Any  person  who,  at  the  time  of  the  passage  of  this  act,  is  a  bona- 

Conditions.       fide  settler  on  any  portion  of  said  land  may  hold  not  exceeding  one 

hundred  and  sixty  acres  so  by  him  occupied  by  his  pre-empting  the 

same  in  such  manner  as  the  legislature  of  the  State  of  Ohio  may 

direct,  (a) 

(a)  See  Nos.  1,  8,  22,  27,  32,  35,  45,  46,  51, 58,  64,  66,  82,  93,  98,  112,  119,  121,  128,  146,  154 
159,  166,  172,  174,  177,  180,  183,  184,  190. 


March  1,  1873. 
Vol.  17,  p.  739. 

Preamble. 


No.  188.- AN  ACT  for  the  relief  of  Isabella  Orange. 
Whereas,  Isabella  Orange,  widow  of  John  C.  Orange,  late  a  private, 


Company  D,  Seventh  Regiment  West  Virginia  Volunteers,  purchased 
and  came  into  possession  of  the  southeast  quarter  of  the  southeast  quar- 
ter of  section  thirty-five,  township  four,  range  six,  in  Monroe  County, 
Ohio,  believing  she  had  received  a  good  title  for  the  same ;  and  whereas, 
she  paid  the  purchase  money  for  said  lands  out  of  the  proceeds  of  her 
pension  received  on  account  of  the  death  of  her  husband  in  the  United 
States  service,  and  she  has  made  valuable  improvements  on  said  land  ; 
and  whereas,  said  land  has  never  been  sold  or  disposed  of  by  the  United 
States  Government :  Therefore, 

Patent  for  land  Be  it  enacted,  <fc.,  That  the  Commissioner  of  the  General  Land  Office 
in  Ohio  to  issue  be  directed  to  issue  a  patent  to  Isabella  Orange,  of  Monroe  County, 
Orange  Ohio,  for  the  southeast  quarter  of  the  southeast  quarter  of  section  thir- 

ty-five, township  four  of  range  six,  in  Monroe  County,  Ohio. 


July  31,  1876.  No.  189.— AN  ACT  making  appropriations  for  sundry  civil  expenses  of  the  Gov- 
VoL  19,  p.  121.  eminent  for  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  seventy- 
•*• seven. 


Land  offices  at     That  the  land   offices  at  Chillicothe,  Ohio,    Indianapolis,   Indiana, 

Chillicothe,     In-  Springfield,  Illinois,  and  the  office  of  the  recorder  of  land  titles  of  the 

sSSfieW    and  State  of  Missouri  are  hereby  abolished,  from  and  after  the  thirtieth 

recorder  of  land  day  of  September  next  and  the  Secretary  of  the  Interior  is  hereby  au- 

titles  of  Missouri  thorized  to  transfer  to  the  States  respectively  aforesaid  such  of  the 

transcripts,  documents,  and  records  of  the  offices  aforesaid  as  may  not 

be  required  for  use  of  the  United  States,  and  as  the  States  respectively 

Surveyor-  gen-  in  which  said  offices  are  situated  may  desire  to  preserve;  and  the  office 

Kansas  of  ^e  surveyor-general  of  Kansas  is  hereby  abolished  from  and  after 

the  thirtieth  of  September  next,  (a) 


(a)  SeeNos.  21,  25,  29,  30,  32,  35,  39,41,  44,  47,  52,  59,  65,  76,  79,  80,  81,  85,  88,  90,  99,  104, 
132,  140, 158. 


OHIO.  95 

No.  19O.— AN  ACT  to  construe  and  define  "An  act  to  cede  to  the  State  of  Ohio  the     Mav  07  IB^O 
unsold  lands  in  the  Virginia  military  district  in  said  State,"  approved  February     Vol.  21 'n  142 
eighteenth,  eighteen  hundred  and  seventy-one,  and  for  other  purposes.  '  F' 

Be  it  enacted,  $-c.,  That  the  act  ceding  to  the  State  of  Ohio  the  lands    Construction  of 
remaining  "unsurveyed  and  unsold"  in  the  Virginia  military  district,  in  • 

the  State  of  Ohio,  had  no  reference  to  lands  which  were  included  in 
any  survey  or  entry  within  said  district  founded  upon  military  warrant 
or  warrants  upon  continental  establishment ;  and  the  true  intent  and 
meaning  of  said  act  was  to  cede  to  the  State  of  Ohio  only  such  lands  as 
were  unappropriated,  and  not  included  in  any  survey  or  entry  within 
said  district,  which  survey  or  entry  was  founded  upon  military  warrant 
or  warrants  upon  continental  establishment. 

SEC.  2.  That  all  legal  surveys  returned  to  the  land  office  on  or  before    Certain  surveys 
March  third,  eighteen  hundred  and  fifty-seven,  on  entries  made  on  or  declared  valid.' 
before  January  first,  eighteen  hundred  and  fifty-two,  and  founded  on 
unsatisfied  Virginia  military  continental  warrants,  are  hereby  declared 
valid. 

SEC.  3.  That  the  officers  and  soldiers  of  the  Virginia  line  on  conti-     Time  extended 
nental  establishment,  their  heirs  or  assigns,  entitled  to  bounty  lands,  *or  making  and 
which  have,  on  or  before  January  first,  eighteen  hundred  and  fifty-two,  yj*urning  sur- 
been  entered  within  the  tract  reserved  by  Virginia,  between  the  Little        ' 
Miami  and  Sciota  rivers,  for  satisfying  the  legal  bounties  to  her  officers 
and  soldiers  upon  continental  establishment,  shall  be  allowed  three 
years  from  and  after  the  passage  of  this  act  to  make  and  return  their 
surveys  for  record  to  the  office  of  the  principal  surveyor  of  said  dis- 
trict, and  may  file  their  plats  and  certificates,  warrants,  or  certified 
copies  of  warrants,  at  the  General  Land  Office,  and  receive  patents  for 
the  same. 

SEC.  4.  This  act  shall  not  in  any  way  affect  or  interfere  with  the  title    Certain  rights 
to  any  lands  sold  for  a  valuable  consideration  by  the  Ohio  Agricultural saved' 
and  Mechanical  College,  grantee,  under  the  act  of  February  eighteenth, 
eighteen  hundred  and  seventy-one,  (a) 

(a)  See  Nos.  1,  8,  22,  27,  32,  35,  45,  46,  51,  58,  64,  66,  82,  93,  98,  112,  11S>,  121,  198,  146, 
154,  159,  166,  172,  174,  177,  180, 183, 184,  187. 


INDIANA. 

March  3, 1791.  No.  191.— AN  ACT  for  granting  lands  to  the  inhabitants  and  settlers  at  Vincennes 
ToL  1,  p.  221.  and  the  Illinois  country,  in  the  territory  northwest  of  the  Ohio,  and  for  confirming 
them  in  their  possessions. 


Four  hundred     SECTION  1.  Be  it  enacted,  #c.,  That  four  hundred  acres  of  laud  be 

granted  to  &each  Siven  to  each  °.f  those  persons,  who  in  the  year  one  thousand  seven 

head  of  a  family,  hundred  and  eighty-three,  were  heads  of  families  at  Vincennes  or  in 

and  '  the  Illinois  country,  on  the  Mississippi,  and  who  since  that  time  have 

removed  from  one  of  the  said  places  to  the  other.    And  the  governor  of 

the  territory  northwest  of  the  Ohio  is  hereby  directed,  to  cause  the 

same  to  be  laid  out  for  them,  at  their  own  expense,  either  at  Vincennea 

or  in  the  Illinois  country,  as  they  shall  severally  elect. 

Also  to   those     SEC.  2.  And  be  it  further  enacted  and  declared,  That  the  heads  of  farni- 
moved  from  sakl  ^es  a^  Vincennes  or  in  the  Illinois  country  in  the  year  one  thousand 
territory,  if  they  seven  hundred  and  eighty-three,  who  afterwards  removed  without  the 
return   within  limits  of  the  said  territory,  are  notwithstanding,  entitled  to  the  dona- 
five  years.  tion  of  four  hundred  acres  of  land  made  by  the  resolve  of  Congress  of 
the  twenty-ninth  of  August,  one  thousand  seven  hundred  and  eighty- 
eight  ;  and  the  governor  of  the  said  territory,  upon  application  to  him 
for  that  purpose,  is  hereby  directed  to  cause  the  same  to  be  laid  out  for 
such  heads  of  families  or  their  heirs  ;  and  shall  also  cause  to  be  laid  off 
and  confirmed  to  such  persons  the  several  tracts  of  land  which  they 
may  have  possessed,  and  which  before  the  year  one  thousand  seven 
hundred  and  eighty-three  may  have  been  allotted  to  them  according 
to  the  laws  and  usages  of  the  government  under  which  they  had  re- 
spectively settled:  Provided  nevertheless,   That  if  such  persons  or  their 
heirs  do  not  return  and  occupy  the  said  lands  within  five  years,  such 
lands  shall  be  considered  as  forfeited  to  the  United  States,  (a) 

Lands  former-      SEC.  3.  And  l)e  it  further  enacted,  That  one  hundred  and  fifty  acres  of  land, 

ly  possessed  by  heretofore  in  possession  of  the  Piankeshaw  Indians,  and  now  under  actual 

dians   confi^rm^d  imProvement'  and  constituting  a  part  of  the  village  of  Vincennes,  be 

to  present    pos-  given  to  the  persons  who  are  severally  in  possession  of  the  said  land. 

sessors.  SEC.  4.  And  be  it  further  enacted,  That  where  lands  have  been  actually 

Improvers    of  improved  and  cultivated  at  Vincennes,  or  in  the  Illinois  country,  under 

imde^rasupposel  a  suPP°se(l  grant  of  the  same,  by  any  commandant  or  court  claiming 

grant,    to    have  authority  to  make  such  grant,  the  governor  of  the  said  territory  be, 

their  claims  con-  and  he  hereby  is  empowered  to  confirm  to  the  persons  who  made  such 

firmed.  improvements,  their  heirs  or  assigns,  the  lands  supposed  to  have  been 

granted  as  aforesaid,  or  such  parts  thereof  as  he,  in  his  discretion,  may 

judge   reasonable,  not  exceeding    to    any  one    person,  four  hundred 

acres.  (6) 

Lands    hereto-     SEC.  5.  And  be  it  further  enacted,  That  a  tract  of  land,  containing 

fore  used    as  a  about  five  thousand  four  hundred  acres,   which  for  many  years  ha* 

propriated  there-"  been  fenced  and  used  by  the  inhabitants  of  Vincennes  as  a  common, 

to.  also  a  tract  of  land  including  the  villages  of  Cohosand  Prairie  du  Pont, 

and  heretofore  used  by  the  inhabitants  of  the  said  villages  as  a  common, 

be,  and  the  same  are  hereby  appropriated  to  the  use  of  the  inhabitants 

of  Vincennes  and  of  the  said  villages  respectively,  to  be  used  by  them 

as  a  common,  until  otherwise  disposed  of  by  law.  (c) 

Militia      men      SEC.  6.  And  be  it  further  enacted,  That  the  governor  of  the  said  terri- 

who    have     not  tory  be  authorized  to  make  a  grant  of  land  not  exceeding  one  hundred 

nation  of^'land  acres»  to  eacn  person  who  hath  not  obtained  any  donation  of  land  from 

to     receive    100  the  United  States,  and  who,  on  the  first  day  of  August,  one  thousand 

acres.  seven  hundred  and  ninety,  was  enrolled  in  the  militia  at  Viucennes  or 

in  the  Illinois  country,  and  has  done  militia  duty,  the  said  land  to  be 

Appropriation  laid  out  at  the  expense  of  the  grantees,  and  in  such  form  and  place  as 

of  a  tract  for  the  the  said  governor   shall  direct.    Provided   nevertheless,  That    no  claim 

Kaskaskia    In  -founded  upon  purchase  or  otherwise,  shall  be  admitted  within  a  tract 

of  land  heretofore  occupied  by  the  Kaskaskia  nation  of  Indians,  and 

including  their  village,  which  is  hereby  appropriated  to  the  use  of  the 

said  Indians. 

•*  *  *  *  *  *  * 

(a)  See  Nos.  205,  210,  211,  214,  308,  312,  313,  321. 

(b)  See  Nos.  196,  199,  200,  308,  312,  313. 

(c)  See  Nos.  227,  311. 

96 


INDIANA.  97 

No.  192,— AN  ACT  to  repeal  part  of  a  resolution  of  Congress  of  the  twenty-ninth  Feb.  21,  1793. 
of  August,  one  thousand  seven  hundred  and  eighty-eight,  respecting  the  inhabitants  Vol.  1,  p.  318. 
of  Post  Saint  Vincents. 

He  it  enacted,  $-o.,  That  so  much  of  the  resolution  of  Congress  of  the     Inhabitants  of 
twenty-ninth  oi  August,  one  thousand  seven  hundred  and  eighty-eight,  reuJved  fronfeS 
as  requires  the  French  and  Canadian  inhabitants,  and  other  settlers  pense  of  certain 
at  Post  Saint  Vincents,  to  pay  for  the  survey  of  the  several  tracts,  surveys, 
which  they  rightfully  claimed,  and  which  had  been  allotted  to  them, 
according  to  the  laws  and  usages  of  the  government,  under  which  they 
had  settled,  be,  and  hereby  is  repealed  :  And  that  such  surveys  thereof, 
as  may  have  been  made,  be  paid  for  by  the  United  States,  not  exceed- 
ing the  rates  hitherto  established  by  Congress  for  making  surveys,  (a) 

(a)  See  Nos.  196,  197. 

No.  193.— AN  ACT  to  divide  the  territory  of  the  United  States  northwest  of  the     May  7, 1800. 
Ohio,  into  two  separate  governments.  Vol.  2,  p.  58. 


SECTION  1.  Be  it  enacted,  #c.,  That  from  and  after  the  fourth  day  of    Boundary  and 
July  next,  all  that  part  of  the  territory  of  the  United  States  northwest  name  of  the  new 
of  the  Ohio  lliver,  which  lies  to  the  westward  of  a  line  beginning  at  the  territory. 
Ohio,  opposite  to  the  mouth  of  Kentucky  River,  and  running  thence  to 
Fort  Recovery,  and  thence  north  until  it  shall  intersect  the  territorial 
line  between  the  United  States  and  Canada,  shall,  for  the  purposes  of 
temporary  government,  constitute  a  separate  territory,  and  be  called 
the  Indiana  Territory,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  established    Form  of  gov- 
within  the  said  territory  a  government  in  all  respects  similar  to  that  p™™^ls  of  the 
provided  by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of  inhabitants. 
July,  one  thousand  seven  hundred  and  eighty-seven,  for  the  government 
of  the  territory  of  the  United  States  northwest  of  the  river  Ohio ;  and 
the  inhabitants  thereof  shall  be  entitled  to,  and  enjoy  all  and  singular 
the  rights,  privileges  and  advantages  granted  and  secured  to  the  people 
by  the  said  ordinance.  (&) 

#.«.'#  *  #  *  * 

SEC.  5.  And  be  it  further  enacted,  That  nothing  in  this  act  contained     Construction  of 
shall  be  construed  so  as  in  any  manner  to  affect  the  government  now  in  p^"^  Se  go®." 
force  in  the  territory  of  the  United  States  northwest  of  the  Ohio  River,  ernment  of   the 
further  than  to  prohibit  the  exercise  thereof  within  the  Indiana  Terri- new  territory, 
tory,  from  and  after  the  aforesaid  fourth  day  of  July  next :  Provided, 
That  whenever  that  part  of  the  territory  of  the  United  States  which     Eventual 
lies  to  the  eastward  of  a  line  beginning  at  the  mouth  of  the  Great  Miami  change    of    the 
River,  and  running  thence  due  north  to  the  territorial  line  between  tho  boundary. 
United  States  and  Canada,  shall  be  erected  into  an  independent  State, 
and  admitted  into  the  Union  on  an  equal  footing  with  the  original 
States,  thenceforth  said  line  shall  become  and  remain  permanently  the 
boundary  line  between  such  State  and  the  Indiana  Territory ;  any  thing 
in  this  act  contained  to  the  contrary  notwithstanding. 

SEC.  6.  And  be  it  further  enacted,  That  until  it  shall  be  otherwise  or-     Seats    of    the 
dered  by  the  legislatures  of  the  said  Territories  respectively,  Chilicothe,  two     govern- 
on  Scioto  River,  shall  be  the  seat  of  the  government  of  the  territory  of  ments. 
the  United  States  northwest  of  the  Ohio  River ;  and  that  Saint  Vin- 
cennes,  on  the  W  abash  River,  shall  be  the  seat  of  the  government  for 
the  Indiana  Territory,  (c) 

(a)  See  Nos.  203,  209,  246,  276. 
(6)  See  Nos.  215,  219. 
(c)  See  Nos.  206,  215,  230. 

No.  194.— AN  ACT  to  extend  and  continue  in  force  the  provisions  of  an  act  inti-     May  1,  1802. 
tuled  "An  act  giving  a  right  of  pre-emption  to  certain  persons  who  have  contracted     Vol.  2,  p.  179. 
with  John  Cleves  Symmes  or  his  associates,  for  lands  lying  between  the  Miami  — 
rivers,  in  the  territory  northwest  of  the  Ohio,  and  for  other  purposes." 

*  #  #  #  *  #  * 

SEC.  6.  And  be  it  further  enacted.  That  all  the  lands  around  Vincennes  on     How  the  lands 
the  Wabash,  in  the  Indiana  Territory,  the  Indian  title  to  which  hath  been  SS°to  W^SS 
extinguished,  shall  be  surveyed  and  laid  off  in  the  manner  prescribed  Indian  title    re- 
by  the  third  section  of  an  act  entitled  "An  act  to  amend  an  act  entitled  mains,  are  to  be 
'An  act  providing  for  the  sales  of  the  lands  of  the  United  States  in  the  surveyed,  &c. 
territory  northwest  of  the  Ohio}  and  above  the  mouth  of  Kentucky 
River,' "  under  directions  from  the  Secretary  of  the  Treasury,  and  by 

7  L  O— VOL  II 


98  INDIANA. 

such  person  or  persons  as  the  President  of  the  United  States  alone  shall 
Limitation    of  appoint  for  that  purpose :  Provided,  That  the  whole  expense  of  survey- 
the  expense  for  ing  and  marking  the  lines  shall  not  exceed  four  dollars  for  every  mile 
that  object.          that  shall  be  actually  run,  surveyed,  and  marked.    And  two  plats  of  the 
lands  aforesaid  shall  be  prepared  by  the  person  or  persons  who  may 
survey  the  same,  who  shall  also  designate  thereon  the  bounds  of  the  lands 
of  individuals  held  under  reservations  of  the  State  of  Virginia,  or  un- 
der the  laws  of  the  United  States :  one  of  the  said  plats  shall  be  re- 
turned to  the  office  of  the  Secretary  of  the  Treasury,  and  the  other  shall 
be  deposited  with  the  secretary  of  the  Indiana  Territory,  (a) 

**##*•** 
(a)  See  Nos.  196, 197,  247, 26G,  317. 


March  3, 1803.    No.  195.—  AN  ACT  concerning  'the  salt  springs  on  the  waters  of  the  Wabash 
Vol.  2,  p.  235.  .  River. 

Salt  works  to  ^e  ^  enacte^  $G->  That  for  the  purpose  of  procuring  articles  necessary 
be  established  on  to  the  establishment  of  saltworks,  at  the  springs  near  the  Wabash 
the  Wabash  River,  which  have  been  ceded  to  the  United  States,  by  certain  Indian 
River.  tribes,  the  sum  of  three  thousand  dollars  be,  and  the  same  is  hereby 

appropriated,  to  be  paid  out  of  any  unappropriated  money  in  the  Treas- 
ury, and  under  the  direction  of  the  President  of  the  United  States,  who 
is  hereby  authorized  to  cause  the  said  springs  to  be  worked  at  the  ex- 
pense of  the  United  States ;  or,  if  he  shall  deem  it  more  proper,  to  lease 
the  same  for  a  term  not  exceeding  three  years,  on  such  conditions  as  will 
insure  the  working  the  same  most  extensively,  and  to  the  most  advan- 
tage to  the  United  States.  («) 
(a)  See  Nos.  196,  215,  216,  219. 


March  26, 1804.  No.  196.— AN  ACT  making  provision  for  the  disposal  of  the  public  lands  in  the 
Vol.  2,  p.  277.  Indiana  Territory,  and  for  other  purposes. 

Powers  of  the  ^e  **  enacted,  $'c">  That  the  powers  vested  by  law  in  the  surveyor-gen- 
survey  or-general  eral,  shall  extend  over  all  the  public  lands  of  the  United  States  to  which 
extended  over  all  the  Indian  title  has  been  or  shall  hereafter  be  extinguished,  north  of 
the  lands  of  the  the  river  Ohio,  and  east  of  tlie  river  Mississippi ;  and  it  shall  be  the  duty 

:®s  of  the  said  surveyor-general  to  cause  the  said  lands  to  be  surveyed  into 
uoj  in  or  TD6  vjn'O,  ,.  ,          .1  ?    t  •    •  i    -•  •      *  i  •*         i 

and  east  oi  the  townships,  six  miles  square,  and  divided  in  the  same  manner  and  under 
Mississippi ;  and  the  same  regulations,  and  to  do  and  perform  all  such  other  acts  in  rela- 
he    8.ha111    c.^118®  tion  to  the  said  lands,  as  is  provided  by  law  in  relation  to  the  lands  of 
Sto^townVhTps     the  United  States,  atuate  northwest  of  the  river  Ohio  and  above  the 
Expenses     o  f  mouth  of  Kentucky  River  :  Provided,  That  the  whole  expense  of  sur- 
surveying  not  to  veying  and  marking  the  lines  shall  not  exceed  three  dollars  for  every 
exceed  three  dol-  mile  that  shall  be  actually  run,  surveyed,  and  marked  :  And  provided  also, 
^TrartsTlaimed  Tnat  8ucn  tracts  of  land  as  are  lawfully  claimed  by  individuals  within 
to  be  laid  out  at  the  said  boundaries,  and  the  title  whereto  has  been  or  shall  be  recog- 
the    expense   of  nized  by  the  United  States,  shall  be  laid  out  and  surveyed  at  the  ex- 
the  claimant.        pense  of  the  parties  respectively,  in  conformity  with  the  true  bound- 
aries of  such  tracts.    And  it  shall  also  be  the  duty  of  the  said  surveyor- 
general  to  cause  to  be  run,  surveyed  and  marked  such  of  the  Indian 
boundary  lines  of  the  said  lands,  as  have  not  yet  been  surveyed ;  and 
Indian   bound-  with  the  approbation  of  the  President  of  the  United  States  to  ascertain 
ary  lines  to  be  bv  astronomical  observations  the  positions  of  such  places  north  of  the 
river  Ohio  and  east  of  the  river  Mississippi,  as  may  be  deemed  neces- 
sary for  the  correctness  of  the  surveys,  and  to  be  the  most  important 
points  of  the  geography  of  the  country,  (a) 

Land  offices  es-  SEC.  2.  And  be  it  further  enacted,  That  for  the  disposal  of  the  lands  of  the 
tablished  at  De-  United  States,  north  of  the  river  Ohio  and  east  of  the  river  Mississippi, 
iQ  the  Indiana  Territory,  three  land  offices  shall  be  established  in  the 
same,  one  at  Detroit  for  the  lands  lying  north  of  the  State  of  Ohio  to 
which  the  Indian  title  has  been  extinguished  ;  one  at  Vincennes  for  the 
lands  to  which  the  Indian  title  has  been  extinguished,  and  which  are 
included  within  the  boundaries  fixed  by  the  treaty  lately  held  with  the 
Indian  tribes  of  the  Wabash  ;  and  one  at  Kaskaskia,  for  so  much  of  the 
lands  included  within  the  boundaries  fixed  by  th'e  treaty  of  the  thir- 
teenth of  August,  one  thousand  eight  hundred  and  three,  with  the  Kaa- 
kaskia  tribe  of  Indians,  as  is  not  claimed  by  any  other  Indian  tribe: 


INDIANA.  99 

and  fdb  each  of  the  said  offices  a  register  and  a  receiver  of  public  monies  Register  and 
shall  le  appointed,  who  shall  give  security  in  the  same  manner,  in  the  ifccej£®n°g  pj)j- 
same  sums,  and  whose  compensation,  emoluments  and  duties,  and  au-  pointed  for  each 
thority,  shall,  in  every  respect,  be  the  same  in  relation  to  the  lands  of  them.  Duties 
which  shall  be  Disposed  of  at  their  offices,  as  are  or  may  be  by  law  pro-  and  emoluments 
vided,  in  relation  to  the  registers  and  the  receivers  of  public  monies  in  ot  ers- 

the  several  offices  established  for  the  disposal  of  the  lands  of  the  United 
States  north  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
Kiver.  (&) 

SEC.  3.  And  be  it  further  enacted,  That  every  person  claiming  lands  .  Persons  claim- 
within  any  of  the  three  tracts  of  laud  described  in  the  preceding  section,  zl^bed  i  S  tlf 
by  virtue  of  any  legal  grant  made  by  the  French  Government,  prior  to  preceding  sec- 
the  treaty  of  Paris,  of  the  tenth  of  February,  one  thousand  seven  hun-  tions,  under 
dred  and  sixty-three,  or  of  any  legal  grant  made  by  the  British  Govern-  grants  from  the 
ment,  subsequent  to  the  said  treaty,  and  prior  to  the  treaty  of  peace  be-  or^United^State11 
tween  the  United  States  and  Great  Britain,  of  the  third  of  September,  governments  to 
one  thousand  seven  hundred  and  eighty-three,  or  of  any  resolution,  or  deliver  to  the  reg- 
act  of  Congress,  subsequent  to  the  said  treaty  of  peace,  shall,  on  or  be-  iaters  of  the  laud 
fore  the  first  day  of  January,  one  thousand  eight  hundred  and  five,  de-  8  tJ 


liver  to  the  register  of  the  laud  office,  within  whose  district  the  land  the  lands  are  sit- 
may  lie,  a  notice  in  writing,  stating  the  nature  and  extent  of  his  claims,  uated,     state- 
together  with  a  plot  of  the  tract  or  tracts  claimed,  and  may  also,  on  or  ments  of  the  es- 
bol'ore  that  day,  deliver  to  the  said  register,  for  the  purpose  of  being  aSms 
recorded  every  grant,  order  of  survey,  deed,  conveyance,  or  other  writ- 
ten evidence  of  his  claim;  and  the  same  shall  be  recorded  by  the  said     Which  shall  be 
register,  in  books  to  be  kept  for  that  purpose,  on  receiving  from  the  recorded. 
parties  at  the  rate  of  twelve  and  a  half  cents,  for  every  hundred  words  i^6?8  tj!eman^~ 
contained  in  such  written  evidence  of  their  claim  ;  and  if  such  person  a  xegle^t^de- 
shall  neglect  to  deliver  such  notice,  in  writing,  of  his  claim,  or  to  cause  liver  notice. 
to  be  recorded  such  written  evidence  of  the  same,  all  his  right,  so  far  as 
the  same  is  derived  from  any  resolution  or  act  of  Congress,  shall  become 
void,  and  forever  be  barred,  (c) 

SEC.  4.  And  le  it  further  enacted,  That  the  register,  and  receiver  of     The  registers 
public  monies,  of  the  three  above-mentioned  land  offices,  shall,  for  the  Jj  be.commission- 
lands  respectively  lying  within  their  districts,  be  commissioners  for  the  8pect?ve    ^d/s- 
purpose  of  examining  the  claims  of  persons  claiming  lands  by  virtue  of  tricts. 
the  preceding  sections.    Each  of  the  said  commissioners  shall,  previous  to 
entering  on  the  duties  of  his  appointment,  respectively,  take  and  sub- 
scribe the  following  oath  or  affirmation,  before  some  person  qualified  to 
administer  the  same:    "I,  do  solemnly  swear,  (or  affirm,)     Oath  of  office. 

that  I  will  impartially  exercise  and  discharge  the  duties  imposed  upon 
me,  as  commissioner  for  examining  the  claims  to  land,  by  an  act  of  Con- 
gress, intituled  An  act  making  provision  for  the  disposal  of  the  public 
lands  in  the  Indiana  Territory,  and  for  other  purposes." 

It  shall  be  the  duty  of  the  said  commissioners  to  meet  at  the  places  Their  duties. 
where  the  said  land  offices  are  by  this  act  established,  respectively,  on  The  commis- 
or  before  the  first  day  of  January,  one  thousand  eight  hundred  and  five  ;  jJtBSLJiJHE 
and  each  board  shall,  in  their  respective  districts,  have  power  to  hear  tricts  and  to  de- 
in  a  summary  manner  all  matters  respecting  such  claims  ;  also  to  com-  cide  upon  claims; 
pel  the  attendance  of  witnesses,  to  administer  oaths,  and  examine  wit-  ^vested  with 
nesses,  and  such  other  testimony  as  may  be  adduced,  and  to  decide  FCattendaSof 
thereon  according  to  justice  and  equity,  which  decision  shall  be  laid  witnesses  to  ex- 
before  Congress  in  the  manner  hereinafter  directed,  and  be  subject  to  amine  them. 
their  decision  thereon.  The  said  boards,  respectively,  shall  have  power  To  report  their 
to  appoint  a  clerk,  whose  duty  it  shall  be  to  enter  in  a  book  to  be  kept  proceedings  to 
for  that  purpose,  full  and  correct  minutes  of  their  proceedings  and  de-  ^l^board  to 
cisipns,  together  with  the  evidence  on  which  such  decisions  are  made  ;  have  power  to 
which  books  and  papers,  on  the  disolution  of  the  boards,  shall  be  de-  appoint  clerks. 
posited  in  the  respective  offices  of  the  registers  of  the  land  offices  ;  and  Duty  of  clerks. 
the  said  clerk  shall  prepare  two  transcripts  of  all  the  decisions  made  by  pe?™kul)ond  the 

3e  said  commissioners  in  favor  of  the  claimants  to  land,  both  of  which  dissolution  of  the 
shall  be  signed  by  the  said  commissioners,  and  orife  of  which  shall  be  board,  to  be 
transmitted  to  the  survey  or-  general,  and  the  other  to  the  Secretary  of  lodged  in  the  of- 
the  Treasury  ;  and  the  lands,  the  claims  to  which  shall  have  been  thus  fstlrsof  the^anf  - 
affirmed  by  the  commissioners,  shall  not  be  otherwise  disposed  of,  until  offices. 
the  decision  of  Congress  thereupon  shall  have  been  made.  It  shall  like-  Clerks  to  pre- 
wise  be  the  duty  ot  the  said  commissioners  to  make  to  the  Secretary  of  pfre.,  transcripts 


., 

the  Treasury  a  full  report  of  all  the  claims  filed  with  the  register  of  the  Jf  the  boS 
proper  land  office,  as  above  directed,  which  they  may  have  rejected> 
together  with  the  substance  of  the  evidence  adduced  in  support  thereof, 


100  INDIANA. 

Commissioners  and  such  remarks  thereon  as  they  may  think  proper :  which  imports, 
to  make  report  to  together  with  the  transcripts  of  the  decisions  of  the  commissioners  in 
the  Treasury  of  favour  of  claimants,  shall  be  laid  by  the  Secretary  of  the  Treasury  be- 
the  claims  reject-  fore  Congress  at  their  next  ensuing  session.  Each  of  the  commissioners 
ed  by  them,  with  and  clerks  aforesaid,  shall  be  allowed  a  compensation  ^)f  five  hundred 
ie  substance  of  donars  in  full  for  his  services  as  such  ;  and  each  of  the  said  clerks  shall, 
duce'd1  in  their  previous  to  his  entering  on  the  duties  of  his  office,  take  and  subscribe 
support.  the  following  oath  or  affirmation,  to  wit :  "  I,  do  solemnly 

Secretary  of  swear,  (or  affirm,)  that  I  will  truly  and  faithfully  discharge  the  duties 
the  Treasury  to  of  &  c\eT^  to  the  board  of  commissioners  for  examining  the  claims  to  land, 
the  transcripts  of  as  enjoined  by  an  act  of  Congress,  intituled  An  act  making  provision 
claims  admitted  for  the  disposal  of  the  public  lands  in  the  Indiana  Territory,  and  for 
to  Congress.  other  purposes."  (d) 

to  the^comS-     SEC-  5-  And  be  li  furt1l€r  enacted,   That  all  the  lands  aforesaid,  not 

sioners    andexcepted  by  virtue  of  the  preceding  section,  shall,  with  the  exception 

clerks.  of  the  section  "number  sixteen,"  which  shall  be  reserved  in  each  to\vn- 

Omcial  oath  of  8hip  for  the  support  of  schools  within  the  same,  with  the  exception  also 

All  the'  lands of  an  entire  township  in  each  of  the  three  above-described  tracts  of 

with  certain  ex-  country  or  districts,  to  be  located  by.  the  Secretary  of  the  Treasury,  for 

ceptions  to    be  the  use  of  a  seminary  of  learning,  and  with  the  exception  also  of  the 

sold,  on   whatsait  8pring8  and  land's  reserved  for  the  use  of  the  same  as  hereinafter 

Sak  sprint1"6'  directed,  be  offered  for  sale  to  the  highest  bidder,  under  the  direction 

of  the  surveyor-general,  or  governor  of  the  Indiana  Territory,  of  the 

register  of  the  land  office,  and  of  the  receiver  of  public  monies,  at  the 

places  respectively,  where  the  land  offices  are  kept,  and  on  such  day  or 

days  as  shall,  by  a  public  proclamation  of  the  President  of  the  United 

States,  be  designated  for  that  purpose.    The  sales  shall  remain  open  at 

each  place  for  three  weeks  and  no  longer :  the  lands  shall  not  be  sold 

for  less  than  two  dollars  an  acre,  and  shall  in  every  other  respect,  be 

sold  in  tracts  of  the  same  size  and  on  the  same  terms  and  conditions  as 

have  been  or  may  be  by  law  provided  for  the  lands  sold  north  of  tho 

Lands  remain-  river  Ohio,  and  above  the  mouth  of  Kentucky  River.    All  lands  other 

ing  unsold  after  than  the  reserved  sections  and  those  excepted  as  above  mentioned,  re- 

«eed  o™  al  maining  unsold  at  the  closing  of  the  public  sales,  may  be  disposed  of 

private  sale.         at  private  sale,  by  the  registers  of  the  respective  land  offices,  in  the  same 

manner,  under  the  same  regulations,  for  the  same  price,  and  on  the 

same  terms  and  conditions,  as  are  or  may  be  provided  by  law  for  the 

sale  of  the  lands  of  the  United  States  north  of  the  river  Ohio,  and  above 

the  mouth  of  Kentucky  River.    And  patents  shall  be  obtained  for  all 

lands  granted  or  sold  in  the  Indiana  Territory,  in  the  same  manner  and 

on  the  same  terms  as  is  or  may  be  provided  by  law  for  lands  sold  in  the 

State  of  Ohio,  and  in  the  Mississippi  Territory,  (e) 

All  the  naviga-  SEC.  6.  Andbeitfurtherenactcd,  That  all  the  navigable  rivers,  creeks  and 
the  "ndiiuu  To*"  waters,  within  the  Indiana  Territory,  shall  be  deemed  to  be  and  remain 
rijorytobepublic  public  highways;  and  the  several  salt  springs  in  the  said  Territory, 
highways.  together  with  as  many  contiguous  sections  to  each,  as  shall  be  deemed 

s  a  1 1  springs,  necessary  by  the  President  of  the  United  States,  shall  be  reserved  for  the 
^tions  resided  future  disposal  of  the  United  States :  and  any  grant  which  may  here- 
for  the  disposal  after  be  made  for  a  tract  of  land,  containing  a  salt  spring  which  had 
of  the  United  been  discovered  previous  to  the  purchase  of  such  tract  from  the  United 
States.  States,  shall  be  considered  as  fraudulent  and  null.  (/) 

******* 

Commissions  gECt  16.  And  be  it  further  enacted,  That  the  President  of  the  United 
to  remain  m  force  gtates  shall  have  full  power  to  appoint  and  commission  the  several  reg- 
next  session  of  isters  and  receivers  of  public  monies  of  the  land  offices  established  by 
Congress.  this  act,  in  the  recess  of  Congress ;  and  their  commissions  shall  continue 

in  force  until  the  end  of  the  session  of  Congress  next  ensuing  such  ap- 
pointment. 

Per  diem  allow-     SEC.  17.  And  be  it  further  enacted,  That  the  several  superintendents  of 
ance  to  superin-  the  public  sales  directed  by  this  act,  shall  receive  six  dollars  each,  for 
les'  each  day's  attendance  on  the  said  sales. 

******* 

(a)  See  Nos.  194,  197,  247,  266,  317. 

(6)  See  Xos.  207,  231,  237,  238,  247,  253,  256,  265,  297,  310,  312,  314,  316. 

(c)  See  Nos.  191, 199, 200, 308, 312, 313. 

(d)  See  Xos.  197, 199, 200, 205, 308, 312,  313. 

(e)  See  Xos.  197, 198, 200, 205,  207, 208, 218, 232, 237, 238, 317. 
(/)  See  Nos.  195, 215,  216, 219. 


INDIANA.  101 

.  197.— AN  ACT  supplementary  to  the  act  intituled  "An  act  making  provision     March  3,  1805. 
the  disposal  of  the  public  land's  in  the  Indiana  Territory,  and  for  ox  her  pur-     Vol.  2,  p.  343. 


lie  it  enacted,  $*c. ,  That  the  lands  lately  purchased  from  the  Indian  Landspurchas- 
tribes  of  the  W abash,  and  lying  between  the  rivers  Wabash  and  Ohio,  fd  from  the  Wa- 
and  the  road  leading  from  the  falls  of  the  river  Ohio  to  Vincennes,  shall  JJJ1  lvi^diag|: 
be  attached  to,  and  made  a  part  of  the  district  of  Vincennes,  and  be  of-  tween  the  Wa" 
fered  for  sale  at  that  place,  under  the  same  regulations,  at  the  same  bash  and  Ohio, 
price,  and  on  the  same  terms  as  other  lands  lying  within  the  said  dis-  attached  to  the 
i  •  j.  ( fi\  district  or  Vin- 

SEC.  2.  And  be  it  further  enacted,  That  such  and  so  many  of  the  tracts  fered  for  sale,  &c.j 
of  land  lying  north  and  west  of  the  Indian  boundary,  established   by  at  Vincennes. 
the  treaty  of  Greenville,  which  were  ceded  by  that  treaty  to  the  United    La»ds      Jyjng 
States,  as  the  President  of  the  United  States  shall  direct,  shall  be  sur- ^Sian" boundary 
veyed  and  subdivided  in  the  same  manner  as  the  other  public  lands  of  by  the  treaty  of 
the  United  States,  and  shall  be  offered  for  sale  at  Detroit,  or  at  such  of  Greenville,  shall 
the  other  land  offices  established  by  law  in  the  State  of  Ohio,  or  in  the  Je  surveyed,  &c. 
Indiana  Territory,  as  the  President  of  the  United  States  shall  judge  foj'gjjj! Tat  e5e- 
most  expedient,  under  the  same  regulations,  at  the  same  price,  and  on  troit. 
the  same  terms,  as  other  lands  lying  within  the  same  district. 

SEC.  3.  And  belt  further  enacted,  That  so  much  of  the  tract  of  land     -Lands purchas- 
lately  purchased  from  the  Indian  tribes  known  by  the  name  of  Sacs  1Q a  ™oxes    at> 
and  Foxes,  as  the  President  of  the  United  States  shall  think  expedient  tached  to  the  dis- 
and  shall  direct,  shall  be  attached  to  and  made  a  part  of  the  district  of  trict  of  Kaskas- 
Kaskaskias,  and  shall  be  offered  for  sale  at  that  place,  under  the  samekias'  &c- 
regulations,  at  the  same  price,  and  on  the  same  terms,  as  other  lands 
lying  within  the  said  district. 

SEC.  4.  And  be  it  further  enacted.  That  the  lands  lying  within  the  dis-     Lands  in    the 
tricts  of  Vincennes,  Kaskaskias  and  Detroit  which  are  claimed  by  virtue  districts  of  Vin- 
of  French  or  British  grants,  legally  and  fully  executed,  or  by  virtue  of  c en ne  s ,     &c., 
grants  issued  under  the  authority  of  any  former  act  of  Congress,  by  FrenTh  or  British 
either  of  the  governors  of  the  Northwest  or  Indiana  Territories,  and  grants,  &c.,  &c., 
which  had  already  been  surveyed  by  a  person  authorized  to  execute  shall  'be    resur- 
such  surveys,  shall,  whenever  it  shall  be  found  necessary  to  resurvey  v°.ved  at  the  ex- 
the  same  for  the  purpose  of  ascertaining  the  adjacent  vacant  lands,  t>e^e^gd  states 
surveyed  at  the  expense  of  the  United  States ;  any  act  to  the  contrary 
notwithstanding. 

SEC.  5.  And  be  it  further  enacted,  That  persons  claiming  lands  in  either    claimants    of 
of  the  said  three  districts,  either  under  legal  grants  derived  from  the  lands  in  the  fore- 
French  or  British  governments,  or  by  virtue  of  actual  possession  and  going     districts, 
improvement,  or  for  any  other  account  whatever,  may  until  the  first  day      SJ6  n°tice  jn 
of  November  next,  give  notice  in  writing  to  the  register  of  the  land  of-  Jesters  of  the 
fice  of  their  claims,  and  have  the  evidence  of  the  same  recorded,  in  the  land    offices    of 
manner  and  on  payment  of  the  fees  provided  by  the  act  to  which  this  their  claims,  &c. 
act  is  a  supplement ;  and  the  right  of  any  person  neglecting  to  give 
such  notice  in  writing  of  his  claim,  and  to  have  the  evidence  of  the 
same  recorded,  shall  become  void  and  forever  be  barred.  (6) 

The  commissioners  appointed  for  the  purpose  of  examining  the  Powers,  duties, 
claims  of  persons  claiming  lands  in  the  said  three  districts,  shall,  in  &c.,  of  the  coml 
their  respective  districts,  have  the  same  powers,  and  perform  the  same  missioners. 
duties  in  relation  to  the  claims  thus  filed,  as  if  notice  of  the  same 
had  been  given  before  the  first  day  'of  January  last ;  and  as  was  pro- 
vided by  the  act  to  which  this  act  is  a  supplement,  in  relation  to  the 
claims  therein  described.  It  shall  be  the  duty  likewise  of  the  clerk 
of  each  board  to  prepare  two  transcripts  of  all  the  decisions  made  by 
the  said  commissioners  in  favor  of  the  claimants,  and  to  transmit 
one  to  the  surveyor-general  and  one  to  the  Secretary  of-  the  Treasury. 
t  shall  also  be  the  duty  of  the  said  commissioners,  respectively,  to 
make  to  the  Secretary  of  the  Treasury  a  report  of  all  the  claims  filed 
with  the  register  of  the  land  office,  which  they  may  have  rejected,  to- 
gether with  the  substance  of  the  evidence  adduced  in  support  thereof, 
and  such  remarks  thereon  as  they  may  think  proper ;  and  they  shall  in 
relation  to  any  such  rejected  claims  which  were  founded  on  possession 
and  actual  settlement  and  improvement,  particularly  state  the  date  of 
the  improvement  and  the  quantity,  situation  and  boundaries  of  the 
land  claimed.  Those  reports,  together  with  the  transcripts  of  the  de- 
cisions of  the  commissioners,  in  favour  of  claimants,  shall  be  laid  by 
the  Secretary  of  the  Treasury  before  Congress  at  their  next  session  ; 
and  the  lands,  (he  claims  to  which  shall  have  been  affirmed  by  the 
commie sioners,  as  well  as  those,  the  claims  to  which,  though  rejected 
by  the  commissioners,  were  derived  from  actual  possession,  improvement 


102 


INDIANA. 


Compensations 
of   the   commis-  sioners,  and  eac 


and  settlement,  shall  not  be  otherwise  disposed  of  until  the  decision  of 
Congress  thereupon  shall  have  been  made.    Each  of  the  said  commis- 
of  the  clerks  of  the  respective  boards,  shall   be  al- 

sioners,     clerks  lowed  an  additional  compensation  of  five  hundred  dollars,  in  full  for 
fandonfces  nis  services  as  such  in  relation  to  such  claims;  and  each  of  the  reg- 

isters of  the  land  offices  for  the  said  three  districts,  shall  be  allowed  a 
further  sum  of  five  hundred  dollars,  as  a  compensation  in  full  for  trans- 
lating and  recording,  or  causing  to  be  translated  and  recorded,  grants, 
deeds  or  other  evidences  of  claims  in  the  French  language,  (c) 

SEC.  6.  And  be  it  further  enacted,  That  the  governor  of  the  Michigan 
Territory  shall  act  as  one  of  the  superintendents  of  the  sales  of  public 
lands  at  Detroit,  in  lieu  of  the  governor  of  the  Indiana  Territory. 


(a)  See  Xos.  196,  19?,  200,  205,  207,  208,  218,  232,  237,  238,  317. 
(6)  See  Nos.  191,  196,  199,  200,  308,  312,  313. 
(c)  See  Xos.  196,  199,  200,  205,  308,  312,  313. 


April  15, 1806.    xo.  198.— AX  ACT  to  suspend  the  sale  of  certain  lands  in  the  State  of  Ohio  and 
VoL  2,  p.  378.  the  Indiana  Territory. 

[See  OHIO,  Xo.  43.] 


A  pi  il  21. 1806.    No.  199.--AX  ACT  respecting  the  claims  to  land  in  the  Indiana  Territory  and  State 
Vol.  2,  p.  395.  of  Ohio. 


Registers    and     Be  «f  enacted,  <$~c.,  That  the  registers  and  receivers  of  public  monies  of 
receivers  of  pub-  the  districts  of  Yincennes  and  Kaskaskias,  respectively,  be,  and  they 
lie  moneys  inVin-  are  hereby  authorized  and  empowered,  under  the  direction  of  the  Sec- 
kaskias^author^  retary  of  the  Treasury,  to  lay  out  one  or  more  tracts  of  laud,  in  their 
ized  to  lay  out  respective  districts,  for  the  purpose  of  locating  therein,  tracts  of  land 
one  or  more  tracts  granted  by  virtue  of  any  legal  French  or  British  grants,  or  of  any  reso- 
lve districts  pect~lution  or  ac*  of  Congress  :  Provided,  That  the  tracts  thus  laid  out  shall 
Proviso.    '         De>  whenever  practicable,  adjoining  the  tracts,  which,  in  conformity 
with  former  laws,  had  been  laid  out  for  similar  purposes  by  the  gov- 
ernors of  the  Northwest  or  Indiana  Territories  ;  and  the  tracts  thus  laid 
out  shall  not  be  otherwise  disposed  of,  unless  by  order  of  Congress,  (a) 
Resolution  war-     ^EC.  2.  And  be  it  further  enacted,  That  any  person  or  persons  entitled  to 
rants  not  specific;  grants  of  land  by  virtueof  any  former  resolution  or  act  of  Congress,  which 
how  to  be  enter-  are  not  specifically  designated  in  the  patents  issued  by  the  governors 
aforesaid,  or  which  have  not  yet  been  located,  shall  have  aright  to  locate 
the  same  in  the  tract  or  tracts,  to  be  laid  out  in  each  district,  respect- 
ively, by  virtue  of  the  preceding  section,  the  priority  of  such  locations 
shall  be  determined  by  lot  in  presence  of  the  register  of  the  land  of- 
fice, with  whom  the  location  shall  be  entered  :  and  the  surveyor-gen- 
eral shall  cause  the  same  to  be  surveyed  at  the  expense  of  the  parties  ; 
Provided,  That  all  the  lands  thus  located,  shall,  in  each  tract  laid  out  for 
that  purpose,  be  laid  out  in  a  body,  without  leaving  any  intervals  of 
vacant  land,  and  shall  each  be  surveyed  in  the  form  of  a  square  or  of  a 
parallelogram,  the  length  of  which  shall  not  exceed  three  times  its 
breadth. 

SEC.  3.  And  be  it  further  enacted,  That  the  registers  and  receivers 
receivers  of  pub-  aforesaid,  shall  complete  and  transmit  their  reports  to  the  Secretary  of 
lie  moneys  to  the  Treasury,  before  the  first  day  of  December  next.  Each  of  the  said 
to^h^SeCTetarv  officers  sha11  be  allowed  an  additional  compensation  of  five  hundred 
of  the  Treasury  ;  dollars  ;  and  each  of  the  clerks  of  the  respective  boards  shall  be  allowed 
by  rvhat  time,  an  additional  compensation  of  two  hundred  and  fifty  dollars,  in  full  for 

A  dditional  hj8  services,  as  snch,  in  relation  to  such  claims. 

thST™  SEC-  f  A.nd  le  it  further  enacted,  That  the  register  and  receiver  of  pub- 

Kegisters    and  lie  monies  in  the  district  of  Cincinnati  be,  and  they  are  hereby  author- 

receivers  of  pub-  ized  to  grant  certificates  of  a  right  of  pre-emption  to  any  person  residing 

lie  moneys  in  Cin-  on  any  reserved  section  (other  than  section  Xo.  16)  for  the  tract  on 

cmmcates  grSo  f  which   he  resides,  on  the  applicant's  producing  satisfactory  evidence 

pre-emption     to  that  his  claim  was  within  the  provisions  of  the  seventh  section  of  an  act, 

residents.  intituled  "An  act  making  provision  for  the  disposal  of  the  public  lands,. 

Proviso.  in  the  Indiana  Territory,  and  for  other  purposes:"  Provided,  That  the 

person  shall  exhibit  the  evidence  of  his  clairv,  and  shall  have  paid  at 

Jeast  one-twentieth  part  of  the  purchase  money,  on  or  before  the  first 


Proviso. 


Registers    and 


INDIANA.  103 

day  of  August  next :  And  provided  also,  That  such  certificates  shall  not    Proviso. 
be  granted  for  any  lands  previously  granted  or  sold,  or  for  a  larger  tract  to  beraStaft  far 
than  a  quarter  of  a  section,  nor  for  any  other  tract  than  that  on  which  lands  previously 
he  resides,  and  such  laud  shall  be  granted  at  the  same  price,  and  on  the  sold,  &c. 
payments  being  made,  as  for  other  public  lands  sold  at  private  sale, 
(a)  See  Nos..l91,  196,  197,  200,  205,  210,  211,  214,  308,  312,  313,  321. 


IVo.  200.— A1ST  ACT  confirming  claims  to  land  in  the  district  of  Vincennes ;  and  for     March  3, 1807. 
other  purposes.  Vol.  2,  p.  446. 


lie  it  enacted,  $-c,  That  all  the  decisions  made  by  the  commissioners  Decisions  of 
appointed  for  the  purpose  of  examining  the  claims  of  persons  claiming  commissioners, 
lands  in  the  district  of  Vincennes,  in  favour  of  such  claimants  as  entered  If  ^gtervof  the 
in  the  transcripts  of  decisions  which  havo  been  transmitted  by  the  said  Treasury,  con- 
conmiissioners  to  the  Secretary  of  the  Treasury,  according  to  law,  be  firmed. 
and  the  same  are  hereby  confirmed,  (a) 

SEC.  2.  And  l)e  it  further  enacted,  That  the  confirmations  or  grants  of     Confirmations 
land,  made  in  the  said  district  of  Viucennes,  by  the  governors  'of  the  °J  ?e  governor 
Northwest  and  Indiana  Territories,  prior  to  the  establishment  of  the  and  Indiana  Ter- 
board  of  commissioners  aforesaid,  and  in  conformity  with  the  act,  inti-  ritories,  confirm- 
tuled  "An  act  for  granting  lauds  to  the  inhabitants  and  settlers  at  Vin-  ed  by  Congress, 
cennes  and  the  Illinois  country,  in  the  territory  northwest  of  the  Ohio,  conditionally. 
and  for  confirming  them  in  their  possessions,"  be,  and  the  same  are 
hereby  confirmed  ;  unless  when  actually  rejected  by  the  said  commis- 
sioners j  although  the  persons  entitled  to  the  land  may  not  have  given 
notice  of  their  claim,  as  required  by  the  several  acts  making  provision 
for  the  disposal  of  the  public  lands  in  the  Indiana  Territory  :  Provided 
Iwwever,  That  no  other  claims  shall  be  confirmed  by  virtue  of  this  sec-     Proviso. 
tion,  than  such  as,  having  been  entered  on  the  territorial  records,  have, 
by  the  commissioners  aforesaid,  been  inserted  in  their  reports  trans- 
mitted as  aforesaid.  (&) 

SEC.  3.  And  ~be  it  further  enacted,  That  the  several  persons,  or  the  legal     Assurance    of 
representatives  of  the  several  persons,  to  whom  or  to  whose  assigns  the     rtan 


several  tracts  of  the  tract  of  land  near  Vincennes,  known  by  the  name  "Continuation. 

of  the  "Upper  Prairie,"  have  been  heretofore  confirmed,  be  and  they 

are  hereby  respectively  confirmed  in  their  claims  to  the  respective  tracts 

also  claimed  by  them,  and  in  their  actual  possession,  lying  in  that  tract 

of  land  containing  two  hundred  and  forty-  four  acres,  which  is  known 

by  the  name  of  "  Continuation,"  and  is  situated  between  the  boundaries 

of  the  tracts  already  confirmed,  and  the  river  Wabash. 

SEC.  4.  And  be  it  further  enacted,  That  the  several  persons  whose  claims    C  1  ai  m  s   con- 
are  confirmed  by  this  act,  and  had  not  been  actually  located  prior  to  J™^  beeSered 
the  establishment  of   the  board  of   commissioners,  be,  and  they  are  ^th  the  register 
hereby  authorized  to  enter  their  locations  with  the  register  of  the  land  of  the  land  office 
office  of  Vincennes,  on  any  part  of  the  tracts  set  aside  for  that  purpose,  of  Vincennes. 
by  virtue  of  the  act,  intituled  "An  act  respecting  the  claims  to  lands  in 
the  Indiana  Territory,  and  State  of  Ohio,"  and  in  conformity  with  the 
provisions  of  that  act  :   Provided,  That  such  location  shall  be  made  prior    Proviso. 
to  the  first  day  of  July,  one  thousand  eight  hundred  and  eight  ;  and 
the  right  of  any  person  who  shall  neglect  to  locate  prior  to  that  day, 
shall  become  void,  and  forever  be  barred. 

SEC.  5.  And  be  it  further  enacted,  That  every  person,  or  the  legal  rep-    Persons  whose 
resentative  of  every  person,  whose  claim  to  attract  of  land  is  confirmed  £?!  under  tMs 
by  this  act,  and  who  had  not  previously  obtained  a  patent  for  the  same,  act    entitled   to 
from  the  governor  either  of  the  territory  northwest  of  the  Ohio,  or  of  patents,   <fec.,  if 
the  Indiana  Territory,  shall  whenever  his  claim  shall  have  been  located  they    shall    not 
and  surveyed,  be  entitled  to  receive  from  the  register  of  the  land  office,  p™^°el  them"  6 
at  Vincennes,  a  certificate  stating,  that  the  claimant  is  entitled  to  re- 
ceive a  patent  for  such  tract  of  land  by  virtue  of  this  act  ;  for  which 
certificate  the  register  shall  receive  one  dollar  ;  and  which  certificate 
shall  entitle  the  party  to  a  patent  for  the  said  tract,  which  shall  issue 
in  like  manner  as  is  provided  by  law  for  the  other  lands  of  the  United 
States. 

******* 

SEC.  7.  And  be  it  further  enacted,  That  the  public  sales  of  the  public    Public  sales  in 
lands  in  the  district  of  Vincennes,  may  be  continued  six  weeks,  if  the  Vincennes,   how 


104  INDIANA. 

long  to  be  kept  term  of  three  weeks  now  prescribed  by  law,  shall  not  be  found  sufficient 
°Pen-  to  offer  all  the  lands  within  the  said  district  for  sale,  (c) 

(a)  See  Nos.  196,  197, 199,  205,  308,  312,  313. 
(6)  See  Nos.  191,  196,  197,  199,  308,  312,  313. 
(c)  See  Nos.  196,  197,  205,  207,  208,  218,  232, 237,  238,  317. 


March  3,  1807.  No.  201.—  AN  ACT  making  provision  for  the  disposal  of  the  public  lands,  situated 
Vol.  2,  p;  448.  between  the  United  States  military  tract  and  the  Connecticut  Reserve,  and  for  other 
purposes. 


Land  office  at      [SECS.  1-4.  Providing  for  land  district  between  Cincinnati  and  Vin- 
rsonville,&c.  Cenne8  districts,  with  office  at  Jeffersonville,  for  appointment  of  land- 
officers,  and  sale  of  lands  therein.    See  OHIO,  No.  47.] 

Lead  mines  to  SEC.  5.  And  ~be  it  further  enacted,  That  the  several  lead  mines  in  the 
be  reserved  for  Indiana  Territory,  together  with  as  many  sections  contiguous  to  each  as 
saT  of tlCondie1ss~  sha11  be  deemed  necessary  by  the  President  of  the  United  States,  shall 
&c  s  '  be  reserved  for  the  future  disposal  of  the  United  States ;  and  any  grant 

which  may  hereafter  be  made  for  a  tract  of  land  containing  a  lead  mine, 
which  had  been  discovered  previous  to  the  purchase  of  such  a  tract  from 
the  United  States,  shall  be  considered  fraudulent  and  null:  and  the 
President    au-  President  of  the  United  States  shall  be,  and  is  hereby  authorized  to  lease 
es       8e  anv  ^ead  mine  which  has  been  or  may  hereafter  be  discovered  in  the 
Indiana  Territory,  for  a  term  not  exceeding  five  years. 


May  18,  1808.  Jfo.  202.— AN  ACT  granting  "William  Wells  the  right  of  pre-emption. 

VoL6'p'72'  Be  it  enacled,  fc.,  That  William  Wells  shall  have  the  right  of  pre- 
Pre-emption  emption  to  three  hundred  and  twenty  acres  of  land,  to  include  his  im- 
right  to  be  grant-  provements  situate  at  Fort  Wayne,  in  the  Indiana  Territory,  at  the 
confluence  of  the  rivers  Saint  Joseph's  and  St.  Mary's,  which  form  the 
Miami  of  the  Lake ;  the  boundaries  of  which  shall  be  designated  under 
the  direction  of  the  Secretary  of  the  Treasury ;  which  tract  of  land  shall 
be  granted  to  him  at  the  same  price,  and  on  the  same  terms  for  which 
other  public  lands  are  sold  at  private  sale,  and  the  respective  instalments 
of  the  purchase  money  shall  become  due  at  the  same  time  with  those  of 
the  first  public  lands  which  may  be  sold  in  the  tract  of  six  miles  square, 
ceded  by  the  treaty  of  Greenville  to  the  United  States,  at  the  confluence 
of  said  rivers. 


Feb.  3, 1809.        Xo.  203.— AN  ACT  for  dividing  the  Indiana  Territory  into  two  separate  govern- 
Vol.  2,  p.  514.  ments. 

[See  ILLINOIS,  No.  326.] 

Feb.  24, 1810.      No.  204.— AN  ACT  to  prescribe  the  mode  in  which  application  shall  be  made  for 
Vol.  2,  p.  556.          the  purchase  of  land  at  the  several  land  offices ;  and  for  the  relief  of  Joab  Garret. 


Joab  Garret  SEC.  2.  And  be  it  further  enacted,  That  Joab  Garret  shall  be  permitted 
may  withdraw  to  withdraw  his  entry,  made  on  the  second  day  of  September,  one 
thousand  eight  hundred  and  seven,  at  the  land  office  at  Vincennes, 
from  the  northwest  quarter-  section,  number  two,  township  number 
seven,  south  range  number  seven  west  ;  and  the  money  paid  by  him  on 
the  said  entry,  shall  be  placed  to  his  credit,  on  any  purchase  he  shall  or 
ma  y  have  made  of  public  land  in  the  same  district. 

April  30  1810.    *f  o.  2O5.—  AN  ACT  providing  for  the  sale  of  certain  lands  in  the  Indiana  Territory, 

Vol.  2,  p'  590.'  and  for  other  purposes. 

Certain  Ian<j8  Be  it  enacted,  $c.,  That  all  that  tract  of  land,  to  which  the  Indian 
to  which  Indian  title  was  extinguished  by  the  treaty  made  at  Fort  Wayne,  on  the  thir- 
title  has  been  ex-  tieth  dav  of  September,  in  the  year  one  thousand  eight  hundred  and 

6 


aSlo6  thlis6  Dine»  W*K  west,  and  adjoining  to  the  boundary  line  established  by  the 
tricta  of  Cincin-  treaty  of  Greenville,  shall  be  attached  to,  and  made  a  part  of  the  dis- 
nati  and  Vin-  trict  of  Cincinnati;  and  the  residue  of  the  lands  to  which  the  Indian 
cennes.  title  was  extinguished  by  the  said  treaty,  and  other  treaties  made  at 

Vincennes  in  the  same  year,  shall  be  attached  to,  and  made  a  part  of  the 


INDIANA.  105 

district  of  Vincennes  ;  and  the  said  lands,  with  the  exception  of  section     These  lands  to 
number  sixteen,  which  shall  be  reserved  in  each  township  for  the  use  of  be  offered  for  sale 
schools  within  the  same,  shall  be  offered  for  sale  to  the  highest  bidder,  &AJe  highest 
under  the  direction  of  the  register  of  the  land  office,  and  of  the  receiver    c  On'ditions 
of  public  monies,  at  the  places  respectively  where  the  land  offices  are  places,  &c. 
kept,  and  on  such  day  or  days  as  shall  by  proclamation  of  the  President 
of  the  United  States,  be  designated  for  that  purpose  ;  the  sales  shall  re- 
main open  at  Cincinnati  one  week,  and  at  Vincennes  three  weeks  and 
no  longer ;  the  lands  shall  not  be  sold  for  less  than  two  dollars  an  acre, 
and  shall  in  every  other  respect  be  sold  in  tracts  of  the  same  size,  and 
on  the  same  terms  and  conditions,  as  have  been  or  may  be  provided  for 
lands  sold  in  the  same  districts;  all  the  lands  in  the  said  tracts,  with     Lands    unsold 
the  exception  above  mentioned,  remaining  unsold  at  the  close  of  the  may  be  sold  at 
said  sales,  may  be  disposed  of  at  private  sale  by  the  register  of  the  re-  private  sale, 
spective  land  offices,  in  the  same  manner,  under  the  same  regulations, 
for  the  same  price,  and  on  the  same  terms  and  conditions,  as  are,  or  may 
be  provided  by  law  for  the  sale  of  lands  in  the  same  districts,  and  patents 
shall  be  obtained  in  the  same  manner,  and  on  the  same  terms  as  for  other 
public  lands,  sold  in  the  same  districts,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  several  superintendents  of  Compensation 
public  sales  directed  by  this  act,  shall  receive  four  dollars  a  day,  for  °f  the  superin- 
each  day's  attendance  on  the  said  sales.  mTblfc  sales 

SEC.  3.  And  be  it  further  enacted,  That  from  and  after  the  first  day  of    Eoundary*   be- 
June  next,  the  second  principal  meridian  established  by  the  surveyor- tween  districts  of 
general  in  the  Indiana  Territory,  shall  be  the  boundary  between  the  y^6601168.,,  and 
districts  of  Vincennes  and  Jeffeisonville ;  and  the  lands  included  in  the  Je 
said  districts  respectively,  according  to  the  boundaries  above  mentioned,     Sales  to  be  reg- 
shall  become  a  part  of  the  district  in  which  they  are  included,  and  shall  «lated  according- 
be  sold  at  the  same  place,  in  the  same  manner,  and  on  the  same  terms  y' 
and  conditions  as  the  other  public  lands,  lying  in  the  same  district.(&) 

SEC.  4.  And  lie  it  further  enacted,  That  any  person  or  persons  entitled     Certain  claims 
to  donation  lands,  in  the  district  of  Vincennes  by  any  former  resolution  to  land  in  the  (Tis- 
or  act  of  Congress,  and  who  were  minors,  or  did  not  reside  within  the  district  of  Vin- 
Indiana  Territory  during  the  time  allowed  by  law  for  registering  claims  ce 
to  land  within  the  said  district,  and  whose  claims  have  not  heretofore     Mode  of   pro- 
been  presented  to  either  of  the  boards  of  commissioners  for  adjusting  ?eedj?g  for  ha^- 
claims  to  land  at  Vincennes  and  Kaskaskia,  may,  until  the  first  day  of  er 
November  next,  give  notice,  in  writing,  to  the  register  of  the  land  office 
of  the  said  district  of  their  claims,  and  have  the  evidence  of  the  same 
recorded  in  the  same  manner,  and  on  payment  of  the  fees  provided  by 
an  act,  entituled   "An  act  making  provision  for  the  disposal  of  the  public 
lands  in  the  Indiana  Territory,  and  for  other  purposes  ;"  and  the  right     Persons     not 
of  any  such  persons  neglecting  to  give  such  notice  of  his  claim,  and  to  giving  notice  to 
have  the  evidence  of  the  same  recorded,  shall  become  void,  and  for  ever te  barred, 
be  barred,  (c) 

SEC.  5.  And  be  it  further  enacted,  That  the  register  of  the  land  office     Register  of  the 
and  the  receiver  ot  public  monies  at  Vincennes,  shall  perform  the  same  Jand   offi.ce    and 
duties  and  exercise  the  same  powers  in  relation  to  the  claims  filed  with  publi?moneys  at 
the  register  under  this  act,  which  by  the  last-recited  act  were  enjoined  Vincennes,    how 
on,  or  vested  in  the  commissioners  designated  by  the  said  act;  and  it  affected  by  this 
shall  also  be  the  duty  of  the  said  register  and  receiver,  to  make  to  the  act 
Secretary  of  the  Treasury  a  report  of  all  the  claims  thus  filed  with  the 
register  of  the  land  office,  together  with  the  substance  of  the  evidence 
adduced  in  support  thereof,  with  such  remarks  thereon  as  they  may 
think  proper  ;  which  report,  together  with  a  list  of  the  claims,  which  in 
the  opinion  of  the  register  and  receiver  ought  to  be  confirmed,  shall  be 
laid  by  the  Secretary  of  the  Treasury  before  Congress  at  their  next  ses- 
1011,  for  their  de!  emanation  thereon  ;  and  the  said  register  and  receiver     Compensation 
shall  each  be  allowed  an  additional  compensation  of  one  hundred  dol- 
lars, in  full  for  their  services  in  relation  to  such  claims,  and  one  hundred 
dollars  for  clerk  hire,  (d) 

******* 

(a)  See  Eos.  196,  197,  200,  207,  208,  218,  232,  237,  238,  317. 

>)  See  Xos.  196,  207,  231,  237,  238,  247,  256,  265,  297,  310,  313,  314,  316. 
t/Y See  Nos.  191,  200,  210,  211,  214,  308,  312,  313,  321. 
(d)  See  Nos.  196. 197,  199,  200,  308,  312,  313. 


106  INDIANA. 

l-'eb.  25, 1811.       No.  206.— AN  ACT  providing  for  the  sale  of  a  tract  of  land  lying  in  the  State  of 
Vol  6,  p.  98.  Tennessee,  and  a  tract  in  the  Indiana  Territory. 


Conditions  up-      SEC.  2.  And  1)e  it  further  enacted,  That  the  commissioners  appointed 
for^h?  ^erS?  by  au  act  of  the  legislature  of  the  Indiana  Territory,  to  fix  on  a  proper 
nent  seat  of  Indi-  site  for  the  permanent  seat  of  government  for  the  said  Territory, be,  and 
ana  government  they  are  hereby  authorized,  and  their  successors  in  office,  so  soon  as  the 
may  be  obtained,  surveys  under  the  authority  of  the  United  States  shall  have  been  made 
of  the  lands  which  they  shall  select,  and  on  producing  a  receipt  from 
the  receiver  of  public  moneys,  for  at  least  one-twentieth  part  of  the 
purchase  money,  to  enter  with  the  register  of  the  land  office  for  the 
district  in  which  the  land  lies,  any  four  quarter-sections  of  land  adjoin- 
ing to  each  other,  which  have  not  been  reserved  by  any  former  act  of 
Congress,  and  which  the  said  commissioners  may  select  and  fix  on  as  a 
site  for  the  permanent  seat  of  government  for  the  said  Territory  ;  and 
payment  shall  be  made  therefor  at  the  same  price,  and  on  the  same 
terms  and  conditions,  as  are  provided  in  respect  to  the  other  public 
lands  sold  at  private  sale  in  the  same  district;  and  on  completing  the 
payment  of  the  purchase  money,  a  patent  shall  be  granted  therefor,  to 
the  said  commissioners  and  their  successors  in  office  in  trust  for  the  use 
of  said  Territory,  for  the  purpose  aforesaid,  (a) 
(a)  See  Nos.  215,  230. 

Feb  21  1812       ^*°-  207. — AN  ACT  to  establish  a  land  district  in  the  Illinois  Territory,  east  of  the 
Vol  2  t>  684          district  of  Kaskaskia,  and  to  attach  certain  public  lands  to  the  district"of  Jefferson- 
ville. 


Part  of  the  SEC.  3.  Andbe  it  further  enacted,  $-c.,  That  so  much  of  the  lands  attached 
lands  attached  to  to  the  district  of  Vincennes,  by  virtue  of  the  first  section  of  an  act,  enti- 
"An  act  Providing  for  the  sale  of  certain  lands  in  the  Indiana  Terri- 
t°rvJ  aD(l  f°r  other  purposes,"  passed  on  the  thirtieth  day  of  April,  one 
thousand  eight  hundred  and  ten,  as  lies  east  of  the  second  principal  meri- 
dian established  by  the  surveyor-general,  shall  beattached  to,  and  become 
a  part  of  the  district  of  Jefferson  ville,  and  shall  be  offered  at  public  sale 
at  the  land  office  for  the  said  district,  under  the  superintendence  of  the 
register  and  receiver  of  public  monies  for  the  said  land  office,  and  shall 
be  sold  in  every  other  respect  in  the  same  manner,  and  on  the  same 
terms  and  conditions,  as  are  provided  by  the  above-mentioned  act,  ex- 
cept that  the  public  sales  for  the  said  lands  shall  remain  open  only  for 
six  days,  (a) 

(a)  See  Nos.  196,  205,  231,  237,  238,  247,  256,  265,  297,  310. 


April  23, 1812.    No.  208.— AN  ACT  giving  further  time  to  the  purchasers  of  public  lands,  north- 
Yol.f 


.  2,  p.  712.  west  of  the  river  Ohio,  to  complete  their  payments. 

1  [See  OHIO,  No.  56.] 


May  20, 1812.      No.  2O9.— AN  ACT  to  authorize  the  President  of  the  United  States  to  ascertain 
Vol.  2,  p.  741.  and  designate  certain  boundaries. 


[See  OHIO,  No.  57.] 

Feb.  13,  1813.  No.  210.  —  AN  ACT  confirming  certain  claims  to  lands  in  the  district  of  Viucennes. 
Vol.  2,p.  800.  j5e  n  enacted^  £c^  That  all  the  decisions  of  the  register  and  receiver 
Certain  decis-  °^  public  monies  for  the  district  of  Vincennes,  made  in  favour  of  per- 
ions  of  the  regis-  sons  claiming  donation  lands  in  said  district,  as  entered  in  a  list  of 
iver  claims  which  in  the  opinion  of  the  said  register  and  receiver  ought  to 
ey8  be  confirmed  in  pursuance  of  the  act,  entitled  uAn  act  providing  for  the 
sale  of  certain  lands  in  the  Indiana  Territory,  and  for  other  purposes,' 
passed  on  the  thirtieth  day  of  April,  one  thousand  eight  hundred  and 
ten,  which  list  is  a  part  of  their  report  to  the  Secretary  of  the  Treasury, 
bearing  date  of  the  twenty-seventh  day  of  May,  one  thousand  eight 
hundred  and  twelve,  be,  and  the  same  are  hereby  confirmed,  (a) 


ter  and  recei 


INDIANA.  107 


sc.  2.  And  "be  it  further  enacted,  That  the  following  persons  whose  Claims  of  cer- 
claims,  according  to  the  aforesaid  report,  are  not  embraced  by  the  pro-  Se^er8 
visions  of  the  above-recited  act,  but  which  nevertheless  in  the  opinion 
of  the  register  and  receiver  ought  to  be  confirmed,  shall  be,  and  their 
claims  are  hereby  confirmed  respectively,  to  the  following  quantities  of 
land,  that  is  to  say  :  the  heirs  of  Francis  Peltier,  the  heirs  of  Bernice 
Lefevre,  and  the  "heirs  of  Jean  Btt.  Valecour,  respectively,  four  hun- 
dred acres  ;  Rene  Campeau,  Francois  Cardinal,  the  heirs  of  Joseph 
Pancake,  the  heirs  of  Jacob  Ho  well,  the  heirs  of  Alexander  Wilson,  the 
heirs  of  Daniel  Sullivan,  and  the  heirs  of  Jacob  Tevebaugh,  respect- 
ively, one  hundred  acres. 

SEC.  3.  And  be  it  further  enacted,Tha,t  the  several  persons  whose  claims     Locations  to  be 
are  confirmed  by  this  act,  are  hereby  authorized  to  enter  their  locations  entered    accord- 
with  the  register  of  the  land  office  at  Vincennes,  on  any  part  of  the  ing  y< 
tract  set  apart  for  that  purpose  in  said  district,  by  virtue  of  the  act,  en- 
titled "An  act  respecting  claims  to  lands  in  the  Indiana  Territory  and 
State  of  Ohio,"  and  in  conformity  to  the  provisions  of  that  act  :  Pro- 
vided, That  such  locations  shall  be  made  prior  to  the  first  day  of  Octo- 
ber next  ;  and  the  right  of  any  person  who  shall  neglect  to  locate  prior 
to  that  day  shall  become  void  and  for  ever  be  barred. 

SEC.  4.  And  le  it  further  enacted,  That  every  person,  or  the  legal  rep-     Persons     enti- 
resentative  of  every  person,  whose  claim  to  a  tract  of  land  is  confirmed  ceive  certificates 
by  this  act,  shall,  whenever  his  claim  shall  have  been  located  and  sur-  authorizing    the 
veyed,  be  entitled  to  receive  from  the  register  of  the  land  office  at  Vin-  granting  of  pat- 
cennes  a  certificate,  stating  that  the  claimant  is  entitled  to  receive  a  ents> 
patent  for  such  tract  of  land  by  virtue  of  this  act  ;  for  which  certificate 
the  register  shall  receive  one  dollar;  and  which  certificate  shall  entitle 
the  party  to  a  patent  for  the  said  tract  of  land,  which  shall  issue 
like  manner  as  is  provided  by  law  for  the  other  lands  of  the  Unitin 
States.  ed 

(a)  See  Nos.  191,  200,  205,  211,  214,  308,  312,  313,  321. 


No.  ail.—AE"  ACT  giving  further  time  to  locate  certain  claims  to  lands,  confirmed  Dec.  26, 1814. 
by  an  act  of  Congress,  entitled  "An  act  confirming  certain  claims  to  lands  in  the  Vol.  3,  p.  163. 
district  of  Vincennes." 

Be  it  enacted,  #c.,  That  the  several  persons  whose  claims  were  con-     Certain     loca- 
firmed  by  the   act  of  Congress,  entitled  "An  act  confirming  certain  ti°n8  to  be  en- 
claims  to  lands  in  the  district  of  Vincennes,"  approved  the  thirteenth  day  JlSsterof    t 
of  February,  one  thousand  eight  hundred  and  thirteen,  and  which  have  land  office  at  Vin- 
not  been  located,  are  hereby  authorized  to  enter  their  locations  with  cennes. 
the  register  of  the  land  office  at  Vincennes,  on  any  part  of  the  tract  set 
apart  lor  that  purpose  in  said  district,  by  virtue  of  an  act,  entitled  "An 
act  respecting  claims  to  lands  in  the  Indiana  Territory  and  State  of 
Ohio,"  and  in  conformity  to  the  provisions  of  that  act ;  and  shall  be  en- 
titled to  receive  their  certificates  and  patents  in  the  manner  provided 
by  the  first-mentioned  act ;  Provided,  That  such  locations  shall  be  made    Proviso- 
prior  to  the  first  day  of  July  next,  (a) 

(a)  See  No.  199. 


No.  212.—  AN  ACT  for  the  relief  of  Daniel  Perine.  Feb  24  Igl5 

Be  it  enacted,  #c.,  That  the  register  and  receiver  of  public  moneys  for     Vol.' 6,  p.  150. 
the  district  of  Cincinnati,  shall  permit  Daniel  Perine  of  Indiana  Terri-  — 
tory  to  enter  and  become  the  purchaser  at  private  sale  of  the  southeast  enter     certain 
quarter  of  section  numbered  twenty-five,  of  township  numbered  six,  in  lands, 
range  numbered  one,   west,  in  the  Cincinnati  district :  if,  on  due  in- 
quiry, the  said  register  and  receiver  shall  be  satisfied  that  the  said 
quarter-section  does  not  contain  any  salt  spring  or  springs  valuable  for 
the  purpose  of  making  salt.    And  the  said  Daniel  Perine  shall  be  en- 
itled  to  a  grant  for  the  aforesaid  quarter  section  on  completing  the 
payments  therefor,  on  the  terms  and  conditions  provided  for  the  sale  of 
public  land  sold  at  private  sale. 


108  INDIANA. 

March  5  1816     ^o<  213.— AN  ACT  granting  bounties  in  land  and  extra  pay  to  certain  Canadian 

Vol.  3,  p.  256.  volunteers. 

Donations  tTo  ^e  **  enacted,  $*c.,  That  all  such  .persons  as  had  been  citizens  of  the 
citizens  of  the  United  States  anterior  to  the  late  war,  and  were  at  its  commencement 
United  States,  in-  inhabitants  of  the  province  of  Canada,  and  who,  during  the  said  war, 
habitants  of  Can- jojue(j  tjje  armies  of  the  United  States,  as  volunteers,  and  were  slain, 
mencement  C°o°f  died  in  service,  or  continued  therein,  till  honorably  discharged,  shall  be 
hostilities.  who  en  titled  to  the  folio  wing  quantities  of  land,  respectively,  viz:  Eachcolonel 
suffered  by  tak-  nine  hundred  and  sixty  acres ;  each  major  to  eight  hundred  acres ;  each 

*?j?  a  ?ajj  onTthx6  captain  six  hundred  and  forty  acres  :  each  subaltern  officer  to  four  hun- 

side  of  the  Unit-  j  *j        j     •    i  L  i     ix>  •    • 

ed  States  in  the  dred  and  eighty  acres  ;  each  non-commissioned  officer,  musician,  or  pri- 

war.  vate,  to  three  hundred  and  twenty  acres ;  and  the  bounties  aforesaid  shall 

extend  to  the  medical  and  other  staff,  who  shall  rank  according  to  their 
pay.  And  it  shall  be  lawful  for  the  said  persons  to  locate  their  claims 
in  quarter- sections,  upon  any  of  the  unappropriated  lands  of  the  United 
States,  within  the  Indiana  Territory,  which  shall  have  been  surveyed 
prior  to  such  location,  with  the  exception  of  salt  springs,  and  lead  mines 
therein,  and  of  the  quantities  of  land  adjacent  thereto,  which  may  be 
reserved  for  the  use  of  the  same,  by  the  President  of  the  United  States, 
and  the  section  number  sixteen,  in  every  township  to  be  granted,  to 
the  inhabitants  of  such  township,  for  the  use  of  public  schools ;  which 
locations  shall  be  subject  to  such  regulations,  as  to  priority  of  choice, 
and  the  manner  of  location,  as  the  President  of  the  United  States  shall 
prescribe,  (a) 

Land  warrants  SEC.  2.  And  be  it  furthei"  enacted,  That  the  Secretary  for  the  Depart- 
th  bl  ii>S tar  of  men*  °^  War,  for  the  time  being,  shall  from  time  to  time,  under  such 
•War.  rules  and  regulations  as  to  evidence  as  the  President  of  the  United 

States  shall  prescribe,  issue  to  every  person  coming  within  the  descrip- 
tion aforesaid,  a  warrant  for  such  quantity  of  land  as  he  may  be  entitled 
to  by  virtue  of  the  aforesaid  provision  ;  and  in  case  of  the  death  of  such 
person,  then  such  warrant  shall  be  issued  to  his  widow,  or  if  no  widow, 

to  his  child  or  children. 

#*#*#*# 

(a)  See  Nos.  220,  234. 


April  16, 1816.    No.  214.— AN  ACT  for  the  relief  of  certain  claimants  to  land  in  the  district  of 
Vol.  3,  p.  285.  Vincennes. 

Claims  to  lands     Be  it  enacted,  #c.,  That  the  several  persons  whose  claims  were  con- 
in  the  district  of  firmed  by  the  act  of  Congress,  entitled  "An  act  confirming  certain  claims 
flrrn^f^'ac^of  ^°  ^an(^  *n  ^e  district  of  Vincennes,  and  for  other  purposes,"  approved 
March  3, 1807.       the  third  day  of  March,  one  thousand  eight  hundred  and  seven ;  and  the 
act  entitled  "An  act  confirming  certain  claims  to  land  in  the  district  of 
Vincennes,"  approved  the  thirteenth  day  of  February,  one  thousand 
eight  hundred  and  thirteen,  which  having  been  located  cannot  be  sur- 
veyed agreeably  to  law,  or  which  having  been  located  have,  in  the 
opinion  of  the  register  of  the  land  office,  for  the  said  district,  been  re- 
moved by  the  surveys  of  prior  locations,  from  the  spot  intended  to  be 
occupied,  are  hereby  authorized  to  enter  their  locations  with  the  regis- 
ter of  the  land  office  at  Vincennes,  on  any  part  of  the  tract  set  apart 
for  that  purpose  in  the  said  district,  by  virtue  of  the  act,  entitled  "An 
act  respecting  claims  to  lands  in  the  Indiana  Territory  and  State  of 
Ohio,"  and  in  conformity  to  the  provisions  of  this  act.  (a) 

(a)  See  Nos.  191,  196,  197,  199,  200,  205,  210,  211,  214,  308,  312,  313,  321 ! 


1(51fi      Jfo.  215.  AN  ACT  to  enable  the  people  of  the  Indiana  Territory  to  form  a  consti- 
,  ICID.        tution  and  State  government,  and  for  the  admission  of  such  State  into  the  Union  on 
v  01. 3,  p.  MV.         an  equal  foodng  with  the  originai  states. 

Inhabitants  au-  Be  it  enacted,  #c.,  That  the  inhabitants  of  the  Territory  of  Indiana  be, 
thorized  to  form  an(j  tjiey  are  DereDy  authorized  to  form  for  themselves  a  constitution 
with  XlTname  and  State  government,  and  to  assume  such  name  as  they  shall  deem 
as  they  please ;  proper ;  and  the  said  State,  when  formed,  shall  be  admitted  into  the 
to  be  '  admitted  Union  upon  the  same  footing  with  the  original  States,  in  all  respects 
into  the  Union.  whatever. 

Limits  SEC.  2.  And  be  it  further  enacted,  That  the  said  State  shall  consist  of 

all  the  territory  included  within  the  following  boundaries,  to  wit : 
bounded  on  the  east,  by  the  meridian  line  which  forms  the  western 


INDIANA.  109 

boundary  of  the  State  of  Ohio  ;  on  the  south,  by  the  river  Ohio,  from 
the  mouth  of  the  Great  Miami  River,  to  the  mouth  of  the  river  Wabash; 
on  the  west,  by  a  line  drawn  along  the  middle  of  the  Wabash,  from  its 
mouth  to  a  point,  where  a  due  north  line  drawn  from  the  town  of  Vin- 
ceuues,  would  last  touch  the  northwestern  shore  of  the  said  river  ;  and 
from  thence  by  a  due  north  line,  until  the  same  shall  intersect  an  east 
and  west  line,  'drawn  through  a  point  ten  miles  north  of  the  southern 
extreme  of  Lake  Michigan  ;  on  the  north,  by  the  said  east  and  west 
line,  until  the  same  shall  intersect  the  first-mentioned  meridian  line 
which  forms  the  western  boundary  of  the  State  of  Ohio  :  Provided,  That  Proviso. 
the  convention  hereinafter  provided  for,  when  formed,  shall  ratify  the 
boundaries  aforesaid  ;  otherwise  they  shall  be  and  remain  as  now  pre- 
scribed by  the  ordinance  for  the  government  of  the  territory  northwest 
of  the  river  Ohio  :  Provided,  also,  That  the  said  State  shall  have  concur- 
rent jurisdiction  on  the  river  Wabash,  with  the  State  to  be  formed  west 
thereof,  so  far  as  the  said  river  shall  form  a  common  boundary  to  both.(a) 
#  #  *  *  #  *  * 

SEC.  6.  And  be  it  further  enacted,  That  the  following  propositions  be,     Propositions  on 
and  the  same  are  hereby  offered  to  the  convention  of  the  said  Territory  ^e.fp^t,  °f  tnfe 


.f,          f 
of  Indiana,  when  formed,  for  their  free  acceptance  or  rejection,  which,  Sed  to  the  con- 


,  ,  ,  ,      ed  to  the  con- 

if  accepted  by  the  convention,  shall  be  obligatory  upon  the  United  vention    of    the 
States.  Territory.   Ifac- 

First.  That  the  section  numbered  sixteen,  in  every  township,  and  f.^ed)  to  be  ^ 
when  such  section  has  been  sold,  granted,  or  disposed  of,  other  lands,  understates  * 
equivalent  thereto,  and  most  contiguous  to  the  same,  shall  be  granted  Grant  of  land 
to  the  inhabitants  of  such  township  for  the  use  of  schools.  (&)  for  schools. 

Second.  That  all  salt  springs  within  the  said  territory,  and  the  land  Salt  springs. 
reserved  for  the  use  of  the  same,  together  with  such  other  lands  as  may, 
by  the  President  of  the  United  States,  be  deemed  necessary  and  proper 
for  working  the  said  salt  springs,  not  exceeding,  in  the  whole,  the  quan- 
tity contained  in  thirty-six  entire  sections,  shall  be  granted  to  the  said 
State,  for  the  use  of  the  people  of  the  said  State,  the  same  to  be  used 
under  such  terms,  conditions  and  regulations  as  the  legislature  of  the 
said  State  shall  direct  :  provided  the  said  legislature  shall  never  sell  nor 
lease  the  same,  for  a  longer  period  than  ten  years  at  any  one  time,  (c) 

Third.  That  five  per  cent,  of  the  net  proceeds  of  the  lands  lying     rive  per  cent. 
withiu  the  said  Territory,  and  which  shall  be  sold  by  Congress  from  and  of  the  proceeds  of 
after  the  first  day  of  December  next,  after  deducting  all  expenses  inci-  ^sirred    for* 
dent  to  the  same,  shall  be  reserved  for  making  public  roads  and  canals,  roatis  ana  canals. 
of  which  three-fifths  shall  be  applied  to  those  objects  within  the  said 
State,  under  the  direction  of  the  legislature  thereof,  and  two-fifths  to 
the  making  of  a  road  or  roads  leading  to  the  said  State  under  the  direc-    . 
tion  of  Congress,  (d) 

Fourth.  That  one  entire  township,  which  shall  be  designated  by  the     An   additional 
President  of  the  United  States,  in  addition  to  the  one  heretofore  re-  sJSiJX  ry    of 
served  for  that  purpose,  shall  be  reserved  for  the  use  of  a  seminary  of  learning.     ' 
learning,  and  vested  in  the  legislature  of  the  said  State,  to  be  appro- 
priated solely  to  the  use  of  such  seminary  by  the  said  legislature,  (e) 

Fifth.  That  four  sections  of  land  be,  and  the  same  are  hereby  granted     Fo  ur  section* 
to  the  said  State,  for  the  purpose  of  fixing  their  seat  of  government  government? 
thereon,  which  four  sections  shall,  under  the  direction  of  the  legislature 
of  said  State,  be  located  at  any  time,  in  such  township  and  range,  as  the 
legislature  aforesaid  may  select,  on  such  lands  as  may  hereafter  be  ac- 
quired by  the  United  States,  from  the  Indian  tribes  within  the  said  Terri-    pr0viso. 
tory:  (/)  Pravided,Th&t  such  locations  shall  be  made  prior  to  the  public 
sale  of'the  lands  of  the  United  States,  surrounding  such  location  :  And    Proviso. 
provided  always,  That  the  five  foregoing  provisions,  herein  offered,  are 
on  the  conditions  that  the  convention  of  the  said  State  shall  provide  by 
an  ordinance  irrevocable,  without  the  consent  of  the  United  States,  that 
every  and  each  tract  of  land  sold  by  the  United  States,  from  and  after 
the  first  day  of  December  next,  shall  be  and  remain  exempt  from  any 
tax,  laid  by  order  or  under  any  authority  of  the  State,  whether  for 
Sta  te,  county,  or  township,  or  any  other  purpose  whatever,  for  the  term 
of  five  years,  from  and  after  the  day  of  sale,  (g) 

(a)  See  Nos.  193,  219. 

(6)  See  Nos.  196,  205,  236.  249,  261,  278,  290,  315. 

(c)  See  Kos.  195,  196,  216. 

(d)  See  No.  225. 

(e)  See  Nos.  196,  217,  305,  307. 
(/)  See  Nos.  206,  230. 

(g)  See  No.  169. 


110  INDIANA. 

April  24  1616.     ^°»  216.—  AX  ACT  authorizing  the  President  of  the  United  States  to  lease  the 
VoL  3,  p.'  296.  saline  near  the  TVabash  River,  for  a  term  not  exceeding  seven  years. 


The  President      Be  il  *wflcta?,  $c>>  That  the  President  of  the  United  States  be,  and  he 

authorized       t  o  is  hereby  authorized  to  lease  the  United  States'  saline,  near  the  Wabash 

lease  the  United  River,  for  a  term  not  exceeding  seven  years,  from  and  after  the  end  of 

States  saline.       tne  present  term,  on  such  conditions  as  will  ensure  the  working  the 

same  most  extensively  and  most  advantageously  to  the  United  States,  (a) 

(a)  See  Xos.  195,  196,  215. 


April  27, 1816.    Xo.  217.— AX  ACT  confirming  the  titles  of  certain  purchasers  of  land  who  pur- 
Vol.  6,  p.  171.  chased  from  the  board  of  trustees  of  the  Vincennes  University. 

Title  to  a  tract     ^€  lt  enactea>  $*c->  Tnat  tne  several  persons  who  purchased  land  in 

of  land  confirm-  township  numbered  two,  south  of  range  numbered  eleven  west,  in  the 

ed.  district  of  Yincennes,   from  the  board  of  trustees  for  the  Vincennes 

University,  which  was  incorporated  by  an  act  of  the  legislature  of  the 

Indiana  Territory,  entitled  "An  act  to  incorporate  a  university  in  the 

Indiana  Territory,"  passed  the  twenty-ninth  day  of    November,  one 

thousand  eight  hundred  and  six,  be,  and  they  are  hereby,  confirmed  in 

their  titles  in  fee-simple,  respectively,  (a) 

(a)  See  Xos.  196, 215,  305,  307. 


April  ! 
Vol.  3, 


27, 1816.    Xo.  218.— AX  ACT  to  authorize  the  sale  of  lands  forfeited  to  the  United  States,  in 
P-  317.  the  district  of  Jeffersonville,  at  the  land  office  in  said  district. 


Sale  of  lands  in      Be  *'  enacted,  #c.,  That  the  register  and  receiver  of  the  land  office  for 
the  district  of  the  district  of  Jeffersonville  be,  and  they  are  hereby  authorized  to  ex- 
Jefferson  ville.      pose  to  public  sale,  to  the  highest  bidder,  at  the  land  office  aforesaid, 
any  tract  or  tracts  of  land  which  may  hereafter  become  forfeited  to  the 
United  States  for  non-payment,  under  such  terms  and  conditions  as  are, 
or  may  be,  prescribed  by  law. 

SEC.  2.  And  be  it  further  enacted,  That  so  much  of  any  former  act  of 
Congress  as  requires  the  register  and  receiver  of  the  district  aforesaid, 
to  expose  to  public  sale,  at  the  court-house  of  the  county  in  which  the 
said  land  office  is  established,  any  tract  or  tracts  of  land  which  may 
become  forfeited  to  the  United  States  for  non-payment,  be,  and  the 
same  is  hereby  repealed,  (a) 

(a)  See  Xos.  196, 197,  198,  200,  205,  207, 208,  232,  237,  238,  317. 

Dec.  11,  1816.  3fo.  219.— RESOLUTIOX  for  admitting  the  State  of  Indiana  into  the  Union. 

VoL  3,  p.  399.          Whereas  in  pursuance  of  an  act  of  Congress,  passed  on  the  nineteenth 

Indiana  admit-  day  of  April,  one  thousand  eight  hundred  and  sixteen,  entitled  "An  act 

ted  into  theUnion  to  enable  the  people  of  Indiana  Territory  to  form  a  constitution  and 

as  a  State.  State  government,  and  for  the  admission  of  that  State  into  the  Union," 

the  people  of  the  said  Territory  did,  on  the  twenty-ninth  day  of  June, 

in  the  present  year,  by  a  convention  called  for  that  purpose,  form  for 

themselves  a  constitution  and  State  government,  which  constitution 

and  State  government,  so  formed,  is  republican,  and  in  conformity  with 

the  principles  of  the  articles  of  compact  between  the  original  States 

and  the  people  and  States  in  the  territory  northwest  of  the  river  Ohio, 

passed  on  the  thirteenth  day  of  July,  one  thousand  seven  hundred  and 

eighty- seven. 

Resolved,  $-c.,  That  the  State  of  Indiana  shall  be  one,  and  is  hereby 
declared  to  be  one,  of  the  United  States  of  America,  and  admitted  into 
the  Union  on  an  equal  footing  with  the  original  States,  in  all  respects 
whatever,  (a) 
(a)  See  Xos.  193,  215. 

March  3,  1*17.    Xo.  220. — AX  ACT  to  amend  the  act,  entitled  "An  act  granting  bounties  in  land 
VoL  3,  p.  393.         and  extra  pay  to  certain  Canadian  volunteers,"  passed  the  fifth  of  March,  one  thou- 
-          sand  eight  hundred  and  sixteen. 


iths'      j;e  n  enacted,  <$-c.,  That  from  and  after  the  passing  of  this  act,  no 
";  bounty  in  land  shall  be  given  to  any  Canadian  volunteer,  except  where 


Six        months' 
service, 

ter-roll,  a  condi-  it  shall  appear  that  the  full  term  of  six  months'  service  shall  have  been 

tion  of  bounty,      performed  in  some  corps  in  the  United  States  service,  and  whose  name 

Proviso.  shall  appear  upon  the  muster-rolls  of  such  corps :  Provided,  That  where 

it  shall  appear  that  the  said  term  of  service  had  not  been  performed  by 


INDIANA.  Ill 

reason  of  wounds  received  in  battle,  or  other  disabilities,  occasioned  by 
the  performance  of  his  duty  while  in  such  corps,  such  claimant  shall  be 
considered  as  having  performed  the  full  term  of  service  for  which  he 
had  engaged. 

SEC. '2.  And  be  it  further  enacted,  Th&t  all  warrants  issued  in  pursu-  Warrants  to  be 
ance  of  the  act,  entitled  "An  act  granting  bounties  in  land  and  extra  Jjg 
pay  to  certain  Canadian  volunteers,"  and  which  have  not  been  located,  gale 
and  those  which  shall  be  issued  in  pursuance  of  this  act,  shall  be  lo- 
cated on  such  lands  as  have  been  offered  at  public  sale  according  to  law, 
and  no  other. 

SEC.  3.  And  be  it  further  enacted,  That  instead  of  the  bounty  given     Kates  of  land 
in  the  act  hereby  amended,  the  following  rates  shall  be  given  :  For  a  j^/1" 
colonel,  four  hundred  and  eighty  acres  ;  for  a  major,  four  hundred  and 
eighty  acres ;  for  a  captain,  three  hundred  and  twenty  acres ;  for  a  sub- 
altern, three  hundred  and  twenty  acres;  to  a  non-commissioned  officer, 
musician,  or  private,  one  hundred  and  sixty  acres ;  and  to  the  medical 
and  other  staff,  in  proportion  to  their  pay. 

SEC.  4.  And  be  it  further  enacted,  That  all  such  parts  of  the  act  hereby  Contrary  pro- 
auiended,  as  shall  be  inconsistent  with,  or  contravene,  the  provisions  of  visions/)! :  former 
this  act,  are  hereby  repealed.  act  rePealed- 

SEC.  5.  And  be  it  further  enacted,  That  this  act,  together  with  the  act  This  and  for- 
hereby  amended,  shall  continue,  and  be  in  force,  for  the  term  of  one  mer  act  ***•  force 
year,  and  no  longer,  (a)  >r  a  year' 

(a)  See.  Nos.  213,  234.  « 

No.  221.— AN  ACT  for  the  relief  of  Samuel  Aikman.  Jan.  14,  1818. 

Be  it  enacted,  #c.,  That  the  register  and  receiver  of  public  moneys  of    Vol.  6,  p.  197. 
the  land  office  for  the  district  of  Vincennes,  on  satisfactory  evidence     Allowed  to  rec- 
being  produced  to  them  that  James  Aikman,  who  entered  at  the  said  tify  mistake  in 
office  the  northwest  quarter  of  section  thirty  four,  in  township  two  an  en  try  made  by 
north,  and  range  seven  west,  had  made  application  for  the  purchase  of  <>ames  Aikman, 
the  said  quarter- section  through  mistake,  intending  at  that  time  to 
have  applied  for  the  northwest  quarter-section  thirty-five,  in  the  same 
township  and  range,  and  that  the  occasion  of  the  mistake  in  his  appli- 
cation was  the  erroneous  numbers  marked  at  the  corner  of  the  aforesaid 
section  on  surveying  the  said  lands,  shall  permit  Samuel  Aikman,  the 
assignee  of  James  Aikman,  to  withdraw  the  aforesaid  entry,  and,  in  lieu 
thereof,  to  enter  the  last-mentioned  quarter-section,  if  the  same  shall  at 
that  time  remain  unsold ;  and  the  receiver  of  public  moneys  shall  allow 
the  said  Samuel  Aikman  a  credit  on  the  said  entry,  or,  in  case  of  the 
previous  sale  of  the  land,  on  any  other  entry  which  he  shall  make  of 
land  within  the  said  district,  equal  in  amount  to  the  moneys  paid  on  the 
first-mentioned  quarter-section :  Provided,  That  no  credit  for  the  moneys    Proviso, 
paid  as  aforesaid  shall  be  allowed,  until  the  said  Samuel  Aikman  shall 
have  returned  the  patent  to  him  granted  for  the  first-mentioned  quarter- 
section  to  the  said  register,  who  shall  transmit  it  to  the  General  Land 
Office,  where  the  same  shall  be  cancelled. 

Jfo.  222.— AN  ACT  for  the  relief  of  Joel  Earwood.  Jan.  22,  1818. 

Be  it  enacted,  $c.,  That  the  receiver  of  public  moneys  for  the  district     Yo1-  6<  P- m 
of  lands  offered  for  sale  at  Jeffersonville  be,  and  he  is  hereby,  author-     Allowed  to 
ized  and  required  to  permit  Joel  Earwood  to  transfer,  to  any  entry  of  transfer  moneys 
lands  he  may  make  in  said  district,  any  moneys  he  may  have  paid  into  t°  any  entry  of 
said  office,  on  the  northeast  quarter  of  section  numbered  twenty-one,  of        '  &c< 
township  six,  and  range  nine  east,  in  said  district ;  and  the  register  of 
the  said  land  office  shall  permit  the  said  Earwood  to  withdraw  his 
entry  for  the  quarter-section  aforesaid. 

No.  223.— AN  ACT  to  authorize  certain  purchasers  of  public  land  to  withdraw     March  9,  1818. 
their  entries  and  transfer  the  moneys  paid  thereon.  Vol.  6,  p.  200. 

Be  it  enacted,  <fc.,  That  the  following  persons  shall  be  permitted  to  person8  ^T 
withdraw  their  respective  entries,  made  with  the  register  of  the  land  mitted  to  with- 
office  for  the  district  of  Jeffersonville,  for  the  purchase  of  land  in  said  draw  their  en- 
district,  viz :  Abraham  Wiseman,  for  the  northeast  and  northwest  quar-  triej>  fr°m  the 
ters  of  section  four,  township  four  south,  range  one  east;  John  Bones, 
for  the  northwest  quarter  of  section  thirty- four,  township  three  south, 
range  one  east ;  Gory  Jones,  for  the  southeast  quarter  of  section  four, 


112  INDIANA. 

township  four  south,  range  one  east ;  Abraham  Van  Winkell,  for  the 
northwest  quarter  of  section  three,  township  four  south,  range  one  east : 
and  Joseph  Tibbs,  for  the  northeast  quarter  of  section  twenty-eight. 
Receiver  to  al- township  three  south,  range  one  east.      And  the  receiver  of  public 
other  lands  &c    money8  for  tne  8aid  district  shall  be  authorized  to  allow  to  any  of  the  said 
persons,  who  shall  withdraw  his  entry  as  aforesaid,  a  credit,  on  any 
purchase  he  shall  or  may  have  made  of  other  public  lands  in  the  same 
district,  for  the  moneys  paid  on  the  entry  by  him  withdrawn  :  Proi-ided, 
Proviso.  That  the  said  entries  shall  not  be  withdrawn  until  it  shall  be  made 

appear,  to  the  satisfaction  of  the  register  and  receiver  of  public  moneys 
for  the  said  district,  that  the  said  entries,  or  either  of  them,  were  made 
in  mistake,  in  consequence  of  the  erroneous  marks  of  the  surveyor :  and 
in  case  of  patents  having  been  granted,  the  same  shall  be  returned  to 
the  register,  and,  by  him,  to  the  General  Land  Office,  and  shall  be  there 
cancelled. 


March  18,  1818.  So.  224.— AN  ACT  providing  for  the  sale  of  certain  lands  in  the  district  of  Man- 
VoL  3,  p:  409.  '  etta,  and  for  the  location  of  claims  and  sale  of  certain  lands  in  the  district  of  Vin- 
cennes. 


[See  OHIO,  No.  81.] 


April  11,  1818.    No.  225.— AN  ACT  to  provide  for  paying  to  the  State  of  Indiana  three  per  cent    j 
VoL  3,  p.  424.          of  the  net  proceeds  arising  from  the  sales  of  the  United  States  lands  -within  the 
-     same. 

ofTthe  |ecretary     ^  it  enacted  fc.,  That  the  Secretary  of  the  Treasury  shall,  from  time 
from     timeSUrto  t°  time,  and  whenever  the  quarterly  accounts  of  public  moneys  of  the    • 
time,   to   pay  3  several  land  offices  shall  be  settled*  pay  three  per  cent,  of  the  net  pro- 
per cent,  of  the  ceeds  of  the  lands  of  the  United  States,  lying  within  the  State  of  In- 
publi^lands  in  d^ana>  which,  since  the  first  day  of  December,  one  thousand  eight  hun- 
Indiana,  to  per-  dred  and  sixteen,  have  been,  or  heraf  ter  may  be,  sold  by  the  United 
sons    authorized  States,  after  deducting  all  expenses  incidental  to  the  same",  to  such  per- 
by    the    legisla-  8On  or  persons  as  may  be  authorized  by  the  legislature  of  the  said  State    • 
toreceive it      6 f °  receive  tne  same >  which  sums,  thus  paid,  shall  be  applied  to  inak- 
The    sums  to  iQg  public  roads  and  canals  within  the  said  State,  in  conformity  to  the 


be  applied  to  provision  on  the  subject,  contained  in  the  act,  entitled  "An  act  to  en- 
making  public  able  the  people  of  the  Indiana  Territory  to  form  a  constitution  and  a 
1  An' annual  ac-  State  government,  and  for  the  admission  of  such  State  into  the  Union,, 
count  of  the  ap- on  an  equal  footing  with  the  original  States,"  and  to  no  other  purpose 
plication  of  the  whatever ;  and  an  annual  account  of  the  application  of  the  same  shall 
m°thy  £J?e  tent  be  transmitted  to  the  Secretary  of  the  Treasury,  by  such  officer  of  the 
of  the  Trealur?,  State  as  tne  legislature  thereof  shall  direct ;  and  in  default  of  such  re- 
&c.  '  turn  being  njade,  the  Secretary  of  the  Treasury  is  hereby  required  to- 

withhold  the  payment  of  any  sum  that  may  then  be  due,  or  which  may 
thereafter  become  due,  until  a  return  shall  be  made,  as  herein  required,  (a) 
(a)  See  No.  215. 

April  20,  1818.  Xo.  226.— AN  ACT  for  the  relief  John  Seybold. 

VoL  6,  p.  211.  Be  u  enacted)  ^  That  Jolm  Seybold  be  permitted  to  withdraw  his 
Permitted  to  entry  with  the  register  of  the  land  office  for  the  district  of  Vincennes, 
withdraw  his  en- for  the  purchase  of  the  southwest  quarter  of  section  number  twenty- 
try  with  the  reg-  fiVCj  jn  township  number  one  north,  of  range  number  two  west.  And 
offiro  rt  TOwen- the  receiver  of  public  moneys  for  the  said  district  shall  be  authorized 
nes,  &c.  to  allow  the  said  Seybold  a  credit  on  any  purchase  he  shall  or  may  have 

made  of  other  public  lands  in  the  same  district  for  the  money  paid  on 
the  entry  by  him  withdrawn. 

April  20,  1818.  Xo.  227.— AN  ACT  to  adjust  the  claims  to  lots  in  the  town  of  Vincennes,  and  for 
Tol.  3,  p.  468.  the  sale  of  the  land  appropriated  as  a  common  for  the  use  of  the  inhabitants  of  the 
said  town. 


ncena        Be  lt  enacted,  fc.,  That  the  trustees  of  the  town  of  Vincennes  shall 
thorized  to    ad-  have  power  and  they  are  hereby  authorized  to  examine  and  adjust  all 
inst     claims    to  claims  to  lots  in  the  town  of  Vincennes ;  and  if,  upon  an  accurate  sur- 
lots  in  that  town.  vev>  j^  8ijaii  De  found  that  there  are  lots  within  the  precincts  of  the 
town  to  which  no  individual  claims  can  be  substantiated,  the  same  are 
hereby  granted  to  the  inhabitants  thereof,  to  be  sold  by  the  trustees, 
and  the  money  arising  from  the  sale  to  be  applied  to  such  public  pur- 


INDIANA.  113 

poses  as  may  be  agreed  upon  by  a  majority  of  the  citizens.  And  the  if  lots  are 
said  trustees  are  hereby  empowered,  in  all  cases,  when  they  shall  con-  "™  jJSS?  to 
firm  claims  to  lots,  to  give  deeds  to  the  claimants  for  the  same.  which  individual 

SEC.  2.  And  le  it  further  enacted,  That  the  trustees  of  the  town  of  claims  cannot  be 
Vincennes  shall  have 
of  a  tract  of  land 
which,  by  the  fifth 

lands  to  the  inhabitants  and  settlers  at  Vincennes  and  the  Illinois  coun-  sold,  &c. 
try,  in  the  territory  northwest  of  the  Ohio,  and  for  confirming  them  in     The     trustees 
their  possessions,"  passed  on  the  third  day  of  March,  one  thousand  ISpoae  of  a  tract 
seven  hundred  and  ninety-one,  was  appropriated  as  a  common,  to  the  Of  land,   which, 
use  of  the  inhabitants  of  the  said  town :  the  said  tract  shall  be  divided  by  act  of  March 
into  lots,  as  the  trustees  shall  direct,  of  not  more  than  fifty  nor  less  than  3a.  17.9lt'Ta^  ap' 
the  quantity  of  five  acres,  and  shall  be  sold  in  the  manner,  and  on  the  common, 
terms,  which  may  by  them  be  deemed  most  expedient  and  advantageous.     The  tract  to  be 
They  shall  also  have  power  to  convey,  by  complete  title,  the  lots  sold  divided  into  lots 
to  the  purchasers ;  and  the  proceeds  of  the  lands  so  disposed  of,  or  so  ^p^jbft,  be 
much  thereof  as  may  be  necessary  for  the  purpose,  shall  be  applied,  un-  applied    to    the 
der  the  direction  of  the  said  trustees,  to  the  draining  of  a  pond  in  the  draining    of    a 
vicinity  of  the  town  ;  and  the  residue  of  the  money  arising  from  the  pond, 
said  sales,  if  any  there  be,  shall  be  paid  ov«r  to  the  trustees  of  the  ceJnes    TJniTer- 
Vincennes  University,  and  shall,  by  them,  be  applied  to  the  benefit  of  8ity. 
the  said  university. 

SEC.  3.  And  ~be  it  further  enacted,  That  the  said  trustees,  when  they  Trustees  to  re- 
shall  have  performed  the  duties  assigned  to  them  under  this  act,  shall  P°rt  to  Congress. 
make  a  report  thereof  to  Congress,  (a) 

(a)  See  Nos.  191,  200. 


No.  228.— AN  ACT  for  the  relief  of  William  Barton.  Dec.  28,  1818. 

it  enacted,  #c.,  That  the  register  and  receiver  of  the  land  office  at    Vol-6»P-216-. 
ncennes  be,  and  they  are  hereby,  authorized  to  permit  William  Barton    Entry  of  land 
to  withdraw  his  entry  of   the  northeast  quarter  of  section  three,  in  mav    ^e    with- 
township  six,  south  of  range  twelve  west,  in  said  district,  and  to  place  JUJJts '  transfer" 
the  moneys  by  him  paid  on  said  entry,  to  his  credit,  on  any  purchase  of  red. 
public  lands  he  may  have  made,  or  shall  make,  in  the  said  district : 
Provided,  It  shall  appear  to  the  satisfaction  of  the  said  register  and  re-     Provi80- 
ceiver,  that  the  numbers  on  the  corner  designating  the  northeast  quarter 
of  section  thirty- one,  in  township  six,  south  of  range  twelve  west,  in 
said  district,  were  so  defaced,  or  imperfectly  made,  as  to  have  caused 
a  mistake  in  his  aforesaid  entry. 


No.  229.— AN  ACT  for  the  relief  of  Henry  Batman.  March  3,  1819. 

Be  it  macted,  #c.,  That  a  patent  shall  be  granted  to  Henry  Batman,     VoL6'P-230- 
for  the  northeast  quarter  of  section  thirty,  of  township  four  south,  and     A  patent  for  a 
range  six  east,  of  the  second  principal  meridian,  in  the  Jeffersonville  £ract  of  J.an,d  J° 
district,  on  the  final  settlement  certificate  which  has  been  returned  to  {Jim  grM 
the  General  Land  Office,  for  the  payment  of  the  principal  of  the  pur- 
chase money  on  the  said  quarter-section  of  land. 


No.  230.— AN  ACT  respecting  the  location  of  certain  sections  of  lands  to  be  granted     March  3, 1819. 
for  the  seat  of  government  in  the  State  of  Indiana.  'v"°^  **'  P-  516. 

Be  it  enacted,  fc.,  That  instead  of  four  sections,  provided  to  be  located  "instead  of  four 
under  the  direction  of  the  legislature  of  the  State  of  Indiana,  and  to  sections,  &c.,  any 
be  granted  for  the  purpose  of  fixing  thereon  the  seat  of  government  contiguous  quar- 
for  that  State,  it  shall  be  lawful  to  locate,  for  that  purpos?,  under  the  fiJ*&"l5S 
lirection  of  the  legislature  aforesaid,  any  contiguous  quarter-sections,  be  located  under 
fractions,  or  parts  of  sections,  not  to  exceed,  in  the  whole,  the  quantity  direction  of  the 
contained  in  four  entire  sections:  such  locations  shall  be  made  before  legislature, 
the  commencement  of  the  public  sales  of  the  adjoining  and  surround- 
ing lands,  belonging  to  the  United  States,  (a) 

(a)  See  Nos.  206, 215. 

8  L  O— VOL  II 


114  INDIANA. 

March  3,  1819.   No.  231.— AN  ACT  to  designate  boundaries  of  districts,  and  establish  land  offices 
VoL  3,  p.  521.  for  the  disposal  of  the  public  lands  not  heretofore  offered  for  sale  in  the  States 

• of  Ohio  and  Indiana. 

\_See  OHIO,  No.  85.] 


April  24,  1820.        Xo.  232.— AX  ACT  making  further  provision  for  the  sale  of  the  public  lands 
YOL3'P-566-  USee  OHIO,  No.  88.] 


May  12,  1820.  Hfo.  233.— AN  ACT  giving  the  right  of  pre-emption  to  James  Shields. 

VoL  6,  p.  249.         Be  it  Carted,  #c.,  That  James  Shields  be,  and  he  is  hereby,  entitled  to 
Entitled   to  a  a  preference  in  becoming  the  purchaser,  at  private  sale,  of  fractional 
preference  in  the  section  numbered  eighteen,  in  township  numbered  six,  north  of  range 
EraSional  ^ec*  numbere<1  six>  eaf*  of  tne  second  principal  meridian,  within  the  limits 
tion,  &c.  of  tne  Jefferson ville  district;  at  the  same  price,  and  on  the  same  terms 

and  conditions,  as  are  provided  by  law  for  the  other  public  lands  in  the 
said  district  at  private  sale. 

March  3,  1821.    Xo.  234.— AN  ACT  to  regulate  the  location  of  land  warrants,  and  the  issuing  of 
Vol.  3,  p.  641.  patents,  in  certain  cases. 

Assignees     of     -Be  it  enacted,  £c.,  That  the  holders,  by  assignment,  of  warrants  issued 
•warrants    issued  under  the  acts  of  Congress,  of  the  fifth-  of  March,  eighteen  hundred 
to  Canadian  vol-  and  sixteen,  the  third  of  March  eighteen  hundred  and  seventeen,  to 
c      Canadian  volunteers,  may  be,  and  hereby  are,  authorized  to  locate  the 
said  warrants,  and  to  receive  patents  therefor  in  their  own  names,  as 
had  been  the  practice  before  the  twenty-sixth  of  December,  eighteen 
Proviso.  hundred  and  nineteen  :  Provided,  however,  That  in  no  case  shall  lands 

be  so  located,  until,  after  having  been  exposed  to  public  sale,  shall  re- 
main unsold,  (a) 
(a)  Se«  Nos.  213,  220. 

May  7,  1822.       ^°«  235.— AN  ACT  granting  a  tract  of  land  to  "William  Conner  and  wife  and  to 
Vol.  6,  p.  270*.  their  children. 

Emoowe    d  .       Be  it  enacted,  $c.,  That  William  Conner  be,  and  he  is  hereby,  author- 
enter      without ''zed  and  empowered  to  enter,  with  the  register  of  the  land  office  at 
payment,     640  Brookville,  without  payment,  six  hundred  and  forty  acres  of  land,  to 
acres,  to  include  include  his  improvements,  at  a  place  called  the  Delaware  Towns,  in  the 
mentslmpr°Ve"^tateof  Indiana,  which  shall  be  bounded  by  sectional  and  divisional 
Patentto  issue.  liDe8  J  and  a  patent  shall  issue  for  the  same  to  the  said  William  Conner 
'  and  his  wife,  an  Indian  woman  of  the  Delaware  tribe,  for  and  during 
the  natural  lives  of  the  said  William  Conner  and    wife,  jointly,  and 
to  the  survivor  of  them  during  the  natural  life  of  such  survivor,  and 
to  their  children  and  legal  representatives  of  any  deceased  child  or  chil- 
dren, as  tenants  in  common,  the  representatives  of  any  deceased  child 
taking,  together,  such  portion  of  the  land  as  such  child  would  have 
been  entitled  to  if  he  or  she  had  survived  the  said  William  Conner  and 
his  said  wife,  and  the  said  land  to  be  vested  in  the  said  children  and 
their  lawful  heirs  in  fee-simple. 


May  7  1822        Xo»  236.— AN  ACT  authorizing  the  location  of  certain  school  lands  in  the  State  of 

Vot.Vp.686.  Indiana. 

— ; Be  it  enacted,  $c.,  That  the  register  of  the  land  office  at  Brookville  be, 

BrookvTli^^au-  an<^  ne  *8  hereby,  authorized  to  select  school  lands  within  the  said  dis- 
thorized  to  select  trie t,  equivalent  to  the  one  thirty-sixth  part  of  the  reservation  corn- 
school  lands,  &c.  monly  called  Clark's  Grant,  for  the  use  of  schools  within  the  same ;  and 

The  register  at  the  register  of  the  land  office  at  Terre  Haute  is  hereby  in  like  manner 
Terre  Haute  au-  authorized  to  select  within  his  district  school  lands,  which,  together 
thorized  to  select  with  tne  eieven  sections  already  selected,  shall  be  equivalent  to  the  one 
thirty-sixth  part  of  the  Vincennes  donation  tract,  for  the  use  of 
in  theirglselec-  schools  within  said  tract,  It  shall  be  the  duty  of  the  registers  afore- 
tions,  to  be  con-  said,  in  making  such  selections,  to  be  confined  to  section  numbered 
fined  to  section  twenty,  in  each  township,  and  the  selection  so  made  shall  be  reserved 
No-  ^  from  sale,  (a) 

(a)  See  Nos.  196, 205, 215, 249, 261, 278, 290, 315. 


INDIANA.  115 

Jio.  237.— AJST  ACT  to  designate  the  boundaries  of  a  land  district,  and  for  the  es-     May  8,  1822. 
tablishment  of  a  land  office,  in  the  State  of  Indiana.  Vol.  3,  p.  701. 

Be  it  enacted,  #c.,  That,  for  the  sale  of  the  unappropriated  public  lands    A  district  and 
in  the  State  of  Indiana,  to  which  the  Indian  title  is  extinguished,  the  land  office  for  the 
following  district  shall  be  formed,  and  a  land  office  established  :  All  the  sale  of  unappro- 
public  lands  as  aforesaid,  to  which  the  Indian  title  was  extinguished  by  {ands  in  in§iana 
the  treaties  concluded  at  St.  Mary's  in  the  month  of  October,  eighteen  &c. 
hundred  and  eighteen,  lying  east  of  the  range  line  separating  the  first     Boundaries  of 
and  second  ranges  east  of  the  second  principal  meridian,  extended  north  the  dlstnct. 
to  the  present  Indian  boundary  and  north  of  a  line  to  be  run  separating 
the  tiers  of  townships  numbered  twenty  and  twenty-one,  commencing 
on  the  old  Indian  boundary,  in  range  thirteen  east  of  the  said  principal 
meridian,  in  Randolph  County,  and  the  said  district  to  be  bounded  on 
the  east  by  the  line  dividing  the  States  of  Ohio  and  Indiana,  shall  form     ^  land  officeat 
a  district,  for  which  a  land  office  shall  be  established  at  Fort  Wayne,  (a)  -pOT^  \vayne. 

SEC.  2.  And  1)6  it  further  enacted,  That  the  President  is  hereby  author-     The  President 
ized  to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  for to  appoint  a  reg- 
the  aforesaid  district,  a  register  of  the  land  office  and  a  receiver  of  public  ^heernan  sufficient 
moneys ;  which  appointments  shall  not  be  made  for  the  aforesaid  land  quantity  of  pub- 
district  until  a  sufficient  quantity  of  public  lands  shall  have  been  sur-  lie     land     shall 
veyed  within  the  said  district  as  to  authorize,  in  the  opinion  of  the  have  been   sur- 
President,  a  public  sale  of  land  within  the  same ;  which  register  of  the  vej|gi8^    and 
land  office  and  receiver  of  public  moneys,  when  appointed,  shall  each,  receiver  to  give 
respectively,  give  security  in  the  same  sums,  and  in  the  same  manner,  security,  &c. 
and  whose  compensation,  emoluments,  and  duties,  and  authority,  shall, 
in  every  respect,  be  the  same,  in  respect  to  the  lands  which  shall  be  dis- 
posed of  at  their  offices,  as  are  or  may  be  provided  by  law  in  relation  to 
the  registers  and  receivers  of  public  moneys  in  the  several  land  offices 
established  for  the  disposal  of  the  public  lands  of  the  United  States  in 
the  States  of  Ohio  and  Indiana. 

SEC.  3.  And  be  itfurtlioa-  enacted,  That  all  the  public  lands  within  the     All  the  public 
aforesaid  district,  to  which  the  Indian  title  has  been  extinguished,  and  la?(Js  in  the  dis- 
which  have  not  been  granted  to,  or  secured  for,  the  use  of  any  individ-  ^reserved  &c 
ual  or  individuals,  or  appropriated  and  reserved  for  any  other  purpose  except     section 
by  any  existing  treaties  or  laws,  and  with  the  exception  of  section  num-  No.  16,  &c.,  to  be 
bered  sixteen  in  each  township,  which  shall  be  reserved  for  the  support  °,ffer®?  f,°r  sal® *» 
of  schools  therein,  shall  be  offered  for  sale  to  the  highest  bidder,  at  the  •£     g 
land  office  for  the  said  district,  under  the  direction  of  the  register  of  the 
land  office  and  receiver  of  public  moneys,  on  such  day  or  days  as  shall, 
by  proclamation  of  the  President  of  the  United  States,  be  designated 
for  that  purpose  :  the  lands  shall  be  sold  in  tracts  of  the  same  size,  on     The    lands  to 
the  same  terms  and  conditions,  and  in  every  respect,  as  provided  by  the  JJ6®0^  m  trac,ts' 
act,  entitled  -'An  act  making  further  provision  for  the  sale  of  the  public  by' act  of  April 
lands,"  apj  toved  April  twenty-fourth,  eighteen  hundred  and  twenty.  (6)  24, 1820. 

SEC.  4.  And  be  it  further  enacted,  That  the  President  of  the  United  The  President 
States  shall  have  power,  and  he  is  hereby  authorized,  to  remove,  when-  JJJJ  nff£OV<t  th° 
ever  he  shall  judge  it  expedient  so  to  do,  the  land  office  aforesaid,  to  suitable  p  1 a c  e 
such  suitable  place,  within  the  said  district,  as  he  shall  judge  most  whenever  he 
proper.  judges  it  expe- 

SEC.  5.  And  be  it  further  enacted,  That  the  register  of  the  land  office  di$S*;    d  u 
and  receiver  of  public  moneys  shall,  each,  receive  five  dollars  for  each  day  to  the  regis- 
day's  attendance  in  superintending  the  public  sales  in  the  said  district,  ter  and  receiver. 

(a)  See  Xos.  196, 205,  207, 231, 238, 247,  256,  265, 297, 310, 313, 314, 316. 

(b)  See  Nos.  196,  197, 198, 200, 205, 207,  208, 218, 232, 237, 238, 317. 


3fo.  238.— AN  ACT  supplementary  to  the  act,  entitled  "An  act  to  designate  the     Marrh  S  1R23 
boundaries  of  districts,  and  establish  land  offices  for  the  disposal  of  the  public  lands,     vol  3  D  783 
not  heretofore  offered  for  sale,  in  the  States  of  Ohio  and  Indiana."  ' P' 

Be  it  enacted,  $-c ,  That  all  the  lands  ceded  and  relinquished  to  the     Lands  ceded  by 
United  States,  by  the  Wea  tribe  of  Lidians,  under  the  first  article  of  the  *he  Wea  Indians 
treaty  held  at  Vincennes,  on  the  elventh  [eleventh]  day  of  August,  J?b^ftac^-ed  J° 
eighteen  hundred  and  twenty,  and  which  is  specified  and  designated  by  district 
the  second  article  of  the  treaty  between  the  United  States  and  the  said 
tribe,  concluded  at  St.  Mary's,  on  the  second  day  of  October,  eighteen 
hundred  and  eighteen,  be,  and  the  same  is  hereby,  attached  to  the  Terre 
Haute  district  for  the  sale  of  public  lands  in  the  State  of  Indiana,  (a) 


116  INDIANA. 

Lands  to  be  SEC.  2.  And  be  it  further  enacted,  That  all  the  public  lands  specified, 
8<B^  &\  th^T^rre  designated,  and  embraced,  within  the  first  and  second  article  of  the 
Haute  district,  treaties  aforesaid,  which  hav.e  not  been  granted  to,  or  secured  for,  the 
on  such  day  or  use  of  any  individual  or  individuals,  or  appropriated  and  reserved  for 
days  as  shall  be  aDy  other  purpose,  by  any  existing  treaties  or  laws,  and,  with  the  excep- 
peeSS  tion  of  8ection  numbered  sixteen,  in  each  township,  which  shall  be  re- 

served for  the  support  of  schools  therein,  shall  be  offered  for  sale  to  the 
highest  bidder,  at  the  land  office  in  the  Terre  Haute  district,  under  the 
direction  of  the  register  of  the  land  office  and  receiver  of  public  moneys, 
on  such  day  or  days  as  shall,  by  proclamation  of  the  President  of  the 
United  States,  be  designated  for  that  purpose.  The  lands  shall  be  sold 
in  tracts  of  the  same  size,  on  the  same  terms  and  conditions,  and,  every 
respect,  as  provided  by  the  act,  entitled  "An  act  making  further  pro- 
vision for  the  sale  of  the  public  lands,"  approved  April  twenty-fourth, 
eighteen  hundred  and  twenty.  (&) 

Register  and  SEC.  3.  And  be  it  further  enacted,  That  the  register  of  the  land  office 
and  the  receiver  of  public  moneys  shall,  each,  receive  five  dollars  for 
each  day's  attendance  in  superintending  the  public  sales  of  the  land 
before  described,  according  to  the  President's  proclamation. 

(a)  See  Nos.  196,  205, 207, 231,  237, 247, 256, 265, 297, 310, 313, 314, 316. 
(&)  See  Nos.  196, 197, 198, 200, 205, 207, 208, 218, 232, 237,  238, 317. 


May  26,  1824.     No.  239 — AN  ACT  to  authorize  the  State  of  Indiana  to  open  a  canal  through 
Vol.  4,  p.  47.  public  lands,  to  connect  the  navigation  of  the  rivers  "Wabash  and  the  Miami  of 
Erie. 


u 


A  route  for  a  Be  it  enacted,  $c.,  That  the  State  of  Indiana  be,  and  is  hereby,  author- 
ve  ed  and  mark- ized  to  8urvev  and  mark,  through  the  public  lands  of  the  United  States, 
edf  by  which  the  the  route  of  a  canal,  by  which  to  connect  the  navigation  of  the  rivers 
navigation  of  tbe  Wabash.  and  Miami  of  Lake  Erie ;  and  ninety  feet  of  land,  on  each 
Wabash  and  8ide  of  gajd  canal,  shall  be  reserved  from  sale  on  the  part  of  the  United 
Eiiemav be  con-  States?  and tne  U8e  thereof,  forever,  be  vested  in  the  State  aforesaid, for 
nected.  a  canal,  and  for  no  other  purpose  whatever. 

The  reserva-  SEC.  2.  And  be  it  further  enacted,  That,  if  the  said  State  shall  not 
tion  and  grant  to  8urvey,  and  direct  by  law  said  canal  to  be  opened,  and  furnish  the  Com- 
be not ;  completed  missioner  of  the  General  Land  Office  a  map  thereof,  within  three  years 
in  twelve  years,  from  and  after  the  date  of  this  act ;  or,  if  the  said  canal  be  not  completed, 
suitable  for  navigation,  within  twelve  years  thereafter ;  or,  if  said  land, 
hereby  granted,  shall  ever  cease  to  be  used  and  occupied  for  the  purpose 
of  constructing  and  keeping  in  repair  a  canal,  suitable  for  navigation; 
the  reservation  and  grant  aforesaid  shall  be  void,  and  of  none  effect: 
Provided,-  That  nothing  in  this  act  contained,  or  [that]  shall  be  done  hi 
pursuance  thereof,  shall  be  deemed  to  imply  any  obligation  on  the  part 
of  the  United  States,  to  appropriate  money  to  defray  the  expense  of 
surveying  or  opening  said  canal:  And  provided,  likewise,  That  the  said 
canal,  when  completed,  shall  be,  and  forever  remain,  a  public  highway, 
for  the  use  of  the  Government  of  the  United  States,  free  from  any  toll 
or  charge  whatever,  for  any  property  of  the  United  States,  or  persons  in 
their  service,  on  public  business,  passing  through  the  same. 

Each  section  of     SEC.  3.  And  be  it  further  enacted,  That  every  section  of  land  through 
whkh\aid°canal  wnich  8aid  canal  route  may  pass,  shall  be,  and  the  same  is  hereby,  re- 
may  pass,  to  be  served  from  future  sale,  under  the  direction  of  the  Commissioner  of  the 
reserved  '   from  General  Land  Office,  until  hereafter  specially  directed  by  law  ;  and  the 
future  sale.          sai(|  State  is  hereby  authorized,  without  waste,  to  use  any  materials  on 
the  public  lands  adjacent  to  said  canal,  that  may  be  necessary  for  its 
construction,  (a) 

(a)  See  Nos.  245, 254, 255, 272, 289, 291, 294, 302. 


March  3,  1825.  No.  240.— AN  ACT    *    *    *    for  the  relief  of  John  Johnson. 

Beit  enacted,  fc.,  That,  when  the  Secretary  of  the  Treasury  shall  be 


The  Secretary  satisfied  that  John  Johnson,  of  Indiana,  did  enter,  at  the  Brookville 
when  satSfiJd land  office> in  8aid  State» the  east  half  of  the  notheast  quarter  of  section 
that  John  John-  thirty-five,  and  the  west  half  of  the  northwest  quarter  of  section  thirty- 
son,  of  Indiana,  six,  in  township  seven  teen,  north,  in  range  four,  east,  by  mistake,  in- 
d  i  d  enter,  stead  of  the  east  half  of  the  southeast  quarter,  and  the  west  half  of  the 


INDIANA.  117 

southwest  quarter  of  the  same  sections,  it  shall  be  lawful  for  a  patent  through  mistake, 
to  be  issued  to  the  said  John  Johnson  for  the  two  last-mentioned  half-  g™^^ a0rj 
quarters,  so  intended  to  be  entered,  on  his  relinquishing  to  the  United  land)  8hall  is8U6 
States  his  interest  in,  and  surrendering  the  patent  issued  for,  the  two  to  him  a  patent 
first-mentioned  half- quarters,  in  such  manner  as  shall  be  directed  by  for  two  others, 
the  Secretary  of  the  Treasury. 


No.  241.— AN  ACT  for  the  relief  of  William  M.  Dever.  May  16,  1826. 

Be  it  enacted,  #c.,  That  it  shall  be  lawful  for  William  M.  Dever,  of  the . 


county  of  Perry,  and  State  of  Indiana,  to  enter  with  the  register  of  the    May  enter  land 

land  office  at  Vincennes,  in  the  State  aforesaid,  the  west  half  of  the  JJ. Vmcennto  dis- 

northwest  quarter  of  section  seven,  in  township  six,  south  of  range  one 

west,  in  the  Vincennes  district ;  and,  upon  such  entry  being  made,  it 

shall  be  the  duty  of  the  register  aforesaid,  to  issue  to  the  said  William  § 

M.  Dever,  a  certificate  for  the  aforesaid  half  quarter-section.    And  it 

shall  be  the  duty  of  the  Commissioner  of  the  General  Land  Office  to  issue 

a  patent  for  the  half  quarter-section  of  land  so  entered,  whenever  the 

certificate  aforesaid  shall  be  presented  to  him  for  that  purpose :  Pro-    Proviso. 

vided,  That  before  such  entry  shall  be  made,  the  said  William  M.  Dever 

shall  surrender  to  the  register  of  the  land  office  aforesaid,  the  patent 

which  he  now  holds  from  the  United  States,  for  the  west  half  of  the 

northwest  quarter  of  section  seven,  in  township  five  south,  of  range  one 

west,  accompanied  by  such  a  release  of  his  interest  to  the  land  therein 

specified,  as  the  Commissioner  of  the  General  Land  Office  shall  direct : 

And  provided,  also,  That  the  said  William  M.  Dever  shall  produce  evi-     Proviso. 

dence,  to  the  satisfaction  of  the  register  and  receiver  of  the  land  office 

at  Vincennes  aforesaid,  that  his  entry  with  the  said  register,  of  the  half 

quarter-section  of  land  described  in  the  foregoing  proviso  of  this  act, 

and  for  which  a  patent  was  issued  to  the  said  William  M.  Dever,  was 

occasioned  by  an  error  of  the  surveyor,  in  marking  the  number  of  the 

township,  in  the  range  aforesaid. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  west  half  of  the  northwest     A  certain  tract 
quarter  of  section  seven,  in  township  six  south,  of  range  one  west,  inreserved    from 
the  district  aforesaid,  shall  be  reserved  from  entry,  for  the  term  of  one  ej^/ &c        °n6 
year,  from  and  after  the  passage  of  this  act ;  unless  the  same  shall  be        ' 
previously  applied  for,  by  the  said  William  M.  Dever,  under  the  pro- 
visions of  this  act. 


No.  242.— AN  ACT  for  the  relief  of  James  Wolcott,  and  Mary  his  wife,  of  the  State     May  18  1826 

of  Ohio.  Vol.  6,  p.  343. 

Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is    payment       to 
hereby,  authorized  and  required  to  pay,  out  of  any  money  in  the  Treas-  them  in  full  sat- 
ury  not  otherwise  appropriated,  unto  James  Wolcott,  .and  Mary  hisisfaction    for    a 
wife,  of  the  State  of  Ohio,  late  Mary  Wells,  a  half-blooded  Indian,  of  the  *ract  .°*  ^nd  sold 
Miami  nation,  the  sum  of  nineteen  hundred  and  twenty  dollars,  in  lieu   y  m 
of,  and  in  full  satisfaction  for,  a  section  of  land,  which  was  reserved  to 
her  by  the  treaty  held  at  St.  Mary's  in  the  State  of  Ohio,  on  the  sixth 
of  October,  one  thousand  eight  hundred  and  eighteen,  between  the 
United  States  and  the  Miami  nation  of  Indians,  and  which  is  described 
m  said  treaty,  as  "  lying  at  the  mouth  of  Stony  Creek,  on  the  southeast 
side  of  the  W  abash  River,  the  centre  of  which  was  to  be  at  the  mouth 
of  said  creek,  running  with  the  meanders  thereof,  up  and  down  said 
river,  one  half  mile,  and  thence  back,  for  quantity  j"  about  two  hundred 
acres  of  which  said  section  of  land  has  since  been  sold,  by  mistake  of 
the  officers  of  the  Government  of  the  United  States,  at  the  land  office 
at  Crawfordsville,  in  the  State  of  Indiana :  Provided,  however,  That,  before    Proviso, 
the  payment  of  the  said  sum  of  nineteen  hundred  and  twenty  dollars,      « 
or  any  part  thereof,  to  the  said  James  Wolcott,  and  Mary  his  wife,  they 
shall  execute  a  release,  conveying  all  their  interest  in  and  to  said  section 
of  land  to  the  United  States,  which  they  shall  deposit  with  the  Com- 
missioner of  the  General  Land  Office. 


118  INDIANA. 

May  20,  1826.  ^  °*  243.— AN  ACT  for  the  relief  of  Jacob  Hampton. 

Vof.  6,  p.  348.         Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office  be. 
Patent    for   a  an(i  ^e  is  nerelL)J>  authorized  and  required  to  make  out  and  deliver,  or 
fractional  section  cause  to  be  delivered,  to  Jacob  Hampton,  of  Wayne  County,  in  the 
of    land    to    be  State  of  Indiana,  a  patent,  in  due  form,  for  the  fractional  section  num- 
issued.  ber  seven,  in  township  number  fourteen,  and  range  one  west,  of  the 

lands  directed  to  be  sold  at  Cincinnati,  agreeably  to  the  final  receipt 
given  to  the  said  Jacob  Hampton  for  the  said  fractional  section,  when 
the  same  shall  be  demanded. 


March  2,  1827.    No.  244.—  AX  ACT  to  authorize  the  State  of  Indiana  to  locate  and  make  a  road 
Tol,  4,  p.  234.  therein  named. 


General  assem-     ^e  **  €n  ac^e(^  $c->  That  the  general  assembly  of  the  State  of  Indiana 

bly  authorized  to  shall  be,  and  the  same  are  hereby,  authorized  to  locate  and  make  a  road 

locate  and  make  from  Lake  Michigan,  by  the  way  of  Indianapolis,  to  some  convenient 

Mkn^fanmbLthe  point  ou  the  Ollio  River>  agreeably  to  the  second  article  of  a  treaty  made 

•way  o^Indmna6  an<^  concluded  near  the  mouth  of  the  Mississinowa,  upon  the  "\Yabash, 

polistosoniecon-  in  the  State  of  Indiana,  the  sixteenth  day  of  October,  in  the  year  of  our 

venient  point  on  Lord  one  thousand  eight  hundred  and  twenty-six,  between  the  cornmis- 

the  Ohio  Kiver.     8ioner8  on  the  part  of  the  United  States,  and  the  chiefs  and  warriors  of 

the  Potawatamie  tribe  of  Indians  ;  and  the  said  general  assembly  are 

hereby  authorized  to  apply  the  strip  of  land  and  the  sections  of  land,  by 

said  article  ceded  to  the  United  States,  or  the  proceeds  thereof,  to  the 

making  of  the  same  ;  and  the  said  grant  shall  be  at  their  sole  disposal,  (a) 

(a)  See  Xos.  257.  270. 

March  2,  1827.    No.  245.—  AX  ACT  to  grant  a  certain  quantity  of  land  to  the  State  of  Indiana, 
Vol.  4,  p.  236.        the  purpose  of  aiding  said  State  in  opening  a  canal  to  connect  the  waters  of 
-      "Wabash  Hirer  with  those  of  Lake  Erie. 


A  certain quan-     Be  it  enacted,  <fc.,  That  there  be,  and  hereby  is,  granted  to  the  St, 
Jr1  of  Indiana,  for  the  purpose  of  aiding  the  said  State  in  opening  a  cai 

6U.     LU    831U.    olillc.  ,J  •          i  •?•,,,  i  /•  ,  i          ITT     -i  i      ~r\  •  -     i       .  i 

for  opening  a  to  unite  at  navigable  points  the  waters  of  the  \Vabash  River  with  th< 
canal  to  unite  at  of  Lake  Erie,  a  quantity  of  land  equal  to  one  half  of  five  sections  ii 
navigable  points,  width,  on  each  side  of  said  canal,  and  reserving  each  alternate  sectir 
wlEh^Kfver*0  *he  United  States,  to  be  selected  by  the  Commissioner  of  the  Lai 
with   those  of  Office,  under  the  direction  of  the  President  of  the  United  States,  froi 
Lake  Erie.  one  end  thereof  to  the  other ;  and  the  said  lands  shall  be  subject  to  i. 

disposal  of  the  legislature  of  said  State,  for  the  purpose  aforesaid,  ai 
Proviso.  no  other :  Provided,  That  the  said  canal,  when  completed,  shall  be,  ai 

forever  remain,  a  public  highway  for  the  use  of  the  Government  of  the 
United  States,  free  from  any  toll,  or  other  charge,  whatever,  for  any  pro- 
perty of  the  United  States,  "or  persons  in  their  service  passing  through 
Proviso.  the  same :  Pro vided,  That  said  canal  shall  be  commenced  within  five 

years,  and  completed  in  twenty  years,  or  the  State  shall  be  bound  to  pay 
to  the  United  States  the  amount  of  any  lands  previously  sold,  and  that 
the  title  to  purchasers  under  the  State  shall  be  valid,  (a) 

Duty  of  the  SEC.  2.  And  le  it  further  enacted,  That,  so  soon  as  the  route  of  the  said 
governor  of  said  canal  ghall  be  iocated  and  agreed  on  by  the  said  State,  it  shall  be  the 
canal  is  located  dutv  of  tne  governor  thereof,  or  such  other  person  or  persons  as  may 
&c.  '  have  been,  or  shall  hereafter  be,  authorized  to  superintend  the  construc- 

tion of  said  canal,  to  examine  and  ascertain  the  particular  lands  to 
which  the  said  State  will  be  entitled  under  the  provisions  of  this  act, 
and  report  the  same  to  the  Secretary  of  the  Treasury  of  the  United  States. 
Power  given  to     SEC.  3.  And  le  it  further  enacted,  That  the  said  State,  under  the  author- 
the  legislature  to  ity  of  the  iegi8iature  thereof,  after  the  selection  shall  have  been  so  made, 
shall  have  power  to  sell  and  convey  the  whole,  or  any  part  of  the  said 
land,  and  to  give  a  title,  in  fee-simple,  therefor,  to  whomsoever  shall 
purchase  the  whole  or  any  part  thereof. 
(a)  See  Xos.  239,  254,  255,  272,  289,  291,  294,  302. 


March  2  1827.    If  ••  246.—  AX  ACT  to  authorize  the  President  of  the  United  States  to  ascertain  and 
Vol.  4,  p.  286.'  designate  the  northern  boundary  of  the  State  of  Indiana. 

Be  it  enacted,  #c.,  That  the  surveyor-general,  under  the  direction  of 


r  gthe  the  President  of  the  United  States,  be,  and  he  is  hereby,  authorized  and 
direction  of  the  required  to  cause  to  be  surveyed,  marked,  and  designated,  the  northern 
President,  au-  boundary  line  of  the  State  of  Indiana,  as  divides  said  State  from  the 
thorized  and  re-  Territorv  of  Michigan,  agreeably  to  the  boundary  as  established  by  the 
SeTurveVedU&c  5  act,  entitled  "An  act  to  enable  the  people  of  the  Indiana  Territory  to 
the  northern  form  a  constitution  and  State  government,  and  for  the  admission  of  such 


INDIANA.  119 

State  into  the  Union,  on  an  equal  footing  with  the  original  States, "  ap-  boundary  u?.e  .°,f 

proved  April  the  nineteenth,  one  thousand  eight  hundred  and  sixteen ;  ?Jia  ^e,  <g™Jj 

and  to  cause  to  be  made  a  plat  or  plan  of  the  said  northern  boundary  of  fr^m    the  Terri- 

the  State,  particularly  noting  the  place  where  the  boundary  line  inter-  tory  of  Michigan. 

sects  or  touches  the  margin  of  Lake  Michigan,  and  return  the  same, 

when  made,  to  Congress :  Provided,  That  the  whole  expense  of  survey-     Proviso. 

ing  and  marking  said  boundary  line  shall  not  exceed  five  dollars  for 

every  mile  that  shall  be  actually  surveyed  and  marked,  which  shall  be 

paid  out  of  the  moneys  appropriated  for  defraying  the  expense  of 

surveying  public  lands,  (a) 

(a)  See  Nos.  193,  203,  209,  276. 

No.  247.— AN  ACT  extending  the  limits  of  certain  land  offices  in  Indiana,  and  for     April  28, 1828. 
other  purposes.  "Vol.  4,  p.  264. 


Be  it  enacted,  <$-c.,  That  all  the  lands  in  the  State  of  Indiana,  to  which    Lands   lying 
the  Indian  title  is  extinguished,  which  lies  east  of  the  line  dividing  the  east  of  the  second 
first  and  second  ranges  east  of  the  second  principal  meridian,  and  north  f^aml (north   f 
of  the  southern  boundary  of  the  Fort  Wayne  district,  shall  be  attached ^he  southern 
to  the  land  district,  the  land  office  of  which  is  established  at  Fort  Wayne  ;  boundary  of  Fort 
and  that  all  the  lands  to  which  the  Indian  title  is  extinguished  in  said  Wayne   district, 
State,  and  which  may  lie  west  of  the  line  dividing  the  first  and  second  f^df  tric°t 
ranges  east  of  the  second  principal  meridian,  shall  be  attached  to  the 
land  district,  the  land  office  of  which  is  established  at  Crawfordsville. 

SEC.  2.  And  be  it  further  enacted,  That  the  surveyor-general  shall  cause  pafmeridian^obe 
the  second  principal  meridian  to  be  extended  to  the  northern  boundary  extended  to  the 
of  the  State  of  Indiana :  Provided,  The  assent  of  the  Indians  be  obtained  northern  bound- 
to  the  running  and  marking  that  portion  of  the  meridian  line  which  arl-     . 
may  lie  within  the  lands  not  ceded  to  the  United  States,  (a) 

See  Nos.  196,  205,  207,  231,  237,  238,  256,  265,  297,  310,  312,  314,  316. 

No.  248.— AN  ACT  for  the  relief  of  Francis  English,  of  Indiana.  May  23, 1828. 

it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 


hereby,  authorized  to  cause  a  patent  to  be  issued  to  Francis  English,  of  Patent  to  issue 
the  State  of  Indiana,  for  the  west  half  of  the  southeast  quarter  of  section 
twenty-four,  town  fourteen,  in  range  eight,  in  the  district  of  land  sold 
at  Indianapolis,  in  that  State,  upon  the  said  Francis  English  relinquish- 
ing to  the  United  States,  in  such  manner  as  the  said  Secretary  shall  pre- 
scribe, the  west  half  of  the  southeast  quarter  of  section  twenty-four, 
town  fourteen,  in  range  nine,  in  the  same  district,  entered  for  the  said 
Francis  by  mistake. 

No.  249.— AN  ACT  to  authorize  the  legislature  of  the  State  of  Indiana  to  sell  the     May  24  1828. 
lands  heretofore  appropriated  for  the  use  of  schools  in  that  State.  Vol.  4,  p.  298. 

Be  it  enacted,  fc.,  That  the  legislature  of  the  State  of  Indiana  shall  be,     Legislature  of 
and  is  hereby,  authorized  to  sell  and  convey,  in  fee-simple,  all,  or  any  the  State  of  In- 
part,  of  the  lands  heretofore  reserved  and  appropriated  by  Congress  for  diana  authorized 
the  use  of  schools  within  said  State,  and  to  invest  the  money  arising  !?*5«^?i'!5£iv 
from  the  sale  thereof  in  some  productive  fund,  the  proceeds  of  which  pa^t  of  the  lands 
shall  be  forever  applied,  under  the  direction  of  said  legislature,  for  the  here  to  fore  re- 
use and  support  of  schools,  within  the  several  townships  and  districts  served   by  Con- 
of  country  for  which  they  were  originally  reserved  and  set  apart,  and  S^i^%h5 
ior  no  other  use  or  purpose  whatsoever :  Provided,  Said  land,  or  any  part  said  State, 
thereof,  shall,  in  no  case,  be  sold  without  the  consent  of  the  inhabitants    Proviso. 
)f  such  township,  or  district,  to  be  obtained  in  such  manner  as  the  leg- 
islature of  said  State  shall,  by  law,  direct :  And  provided,  also,  That  in 
the  apportionment  of  the  proceeds  of  said  fund,  each  township  and  dis- 
trict aforesaid  shall  be  entitled  to  such  part  thereof,  and  no  more,  as 
f}i  nave  accrued  from  the  sum  or  sums  of  money  arising  from  the  sale 
the  school  lands  belonging  to  such  township  or  district,  (a) 
SEC.  2.  And  be  it  further  enacted,  That,  if  the  proceeds  accruing  to  any    Where  pro- 


belonging  to  such  township  or  district  shall  be  adequate  to  the  perma- 
nent maintenance  and  support  of  schools  within  the  same. 

(a)  See  Nos.  196,  205,  215,  236,  261,  278,  290, 315. 


120  INDIANA. 

May  24,  1828.     No.  250.— AN  ACT  to  aid  the  State  of  Ohio  in  extending  the  Miami  Canal  from  Day 
Vol.  4,  p.  305.        ton  to  Lake  Erie,  and  to  grant  a  quantity  of  land  to  said  State  to  aid  in  the  con- 
struction  of  the  canals  authorized  by  law  ;  and  for  making  donations  of  land  to  cer- 
tain persons  in  Arkansas  Territory. 

[See  Omo,  No.  117.] 

May  24,  1828.  No.  251.— AN  ACT  for  the  relief  of  Benjamin  Freeland,  of  Indiana. 

Yol.6,p.38o.         Be  it  enacted,  #c.,  That  Benjamin  Freeland,  of  Indiana,  be,  and  hereby 
May  relinquish  is,  authorized  to  relinquish  to  the  United  States,  in  such  manner  as  the 
a  certain  tract  of  Commissioner  of  the  General  Land  Office  shall  prescribe,  the  northeast, 
land    and  enter  northwest,  and  southwest  quarters  of  section  number  five,  in  township 
number  eleven,  range  number  one,  west,  of  the  second  principal  basis 
meridian,  in  Terre  Haute  land  district,  in  the  State  of  Indiana ;  Pro- 
vided, He  shall  show,  to  the  satisfaction  of  the  register  and  receiver  of 
that  district,  that  the  right  of  the  said  three  quarter-sections  is  in  him 
at  the  time  of  making  such  relinquishment;  and,  thereupon,  the  said 
Freeland  shall  be  permitted  to  enter  three  quarter-sections  of  any  land 
within  the  said  land  district,  subject  to  purchase  at  private  sale. 

Jan.  13, 1830.  No.  252.— AN  ACT  for  the  relief  of  Elijah  Carr. 

Vol.  6,  p.  402.         Be  it  enacted,  fc. ,  That  Elijah  Carr,  assignee  of  Elisha  Carr,  be,  and  he 
Authorized  to is  hereby,  authorized  to  relinquish  to  the  United  States,  in  such  manner 
relinquish     cer-  and  form  as  the  Commissioner  of  the  General  Land  Office  may  prescribe, 
tain  land.  the  southeast  quarter  of  section  thirty- four,  in  township  three  north,  of 

range  two  east,  in  the  district  of  lands  offered  for  sale  by  the  United 
States  at  Jeffersonville. 

Authorized  to     SEC.  2.  And  be  it  further  enacted,  That  the  said  Elijah  Carr  be  author- 
otherlandrtainized*°  enter  at  the  office  of  the  register  of  the  land  office  at  Jeffer- 
sonville aforesaid,  the  northeast  quarter  of  section  three,  in  township 
two  north,  of  range  two  east ;  and  to  receive  from  the  United  States 
Proviso.  a  patent  for  the  same :  Provided,  That  said  quarter-section  of  land  last 

described  shall  remain  unsold,  and  that  the  said  Elijah  Carr  shall  make 
the  relinquishment  and  entry  aforesaid,  prior  to  the  fourth  day  of  July 
next. 

Ma728>  ^i30'      No'  253.— AX  ACT  to  repeal  a  part  of  an  act,  passed  the  twenty-sixth  day  of 
\  ol.  4,  p.  413.          March,  one  thousand  eight  hundred  and  four,  entitled  "An  act  making  provisions 
for  the  disposal  of  the  public  lands  in  the  Indiana  Territory,  and  for  other  pur- 
poses." 

Examination  £e  n  enacted,  $c.,  That  so  much  of  an  act,  approved  the  twenty-sixth 
books  disconUif-  dav  °*  March> in  ^Q  year  one  thousand  eight  hundred  and  four,.enti- 
ued.  tied  '"'An  act  making  provisions  for  the  disposal  of  the  public  lands  in 

the  Indiana  Territory,  and  for  other  purposes,"  as  makes  it  the  duty  of 
the  Secretary  of  the  Treasury  to  cause,  at  least  once  every  year,  the 
books  of  the  offices  to  be  examined,  and  the  balance  of  public  moneys 
in  the  hands  of  the  several  receivers  of  public  moneys  of  the  said  offices 
to  be  ascertained,  be,  and  the  same  is  hereby  repealed,  (a) 
(a)  See  Xo.  196. 

May  29,  1830.     No.  254.— AX  ACT  to  vest  in  the  State  of  Indiana  certain  lands  within  the  limits 
YoL  4,  p.  416.  of  the  canal  grant. 


Certain  lands  -Be  it  enacted,  $*c.,  That  there  be  vested  in  the  State  of  Indiana  twenty- 
vested,  &c.  nine  thousand  five  hundred  and  twenty-eight  acres  and  seventy-eight 
hundredths  of  the  public  lands,  to  be  selected  by  the  canal  commission 
ers  of  said  State,  from  the  alternate  sections  reserved  to  the  United 
States  in  the  division  made  under  "An  act  to  grant  a  certain  quantity 
of  land  to  the  State  of  Indiana,  for  the  purpose  of  aiding  said  State  in 
opening  a  canal  to  connect  the  waters  of  the  Wabash  River  with  those 
of  Lake  Erie,"  approved  March  second,  one  thousand  eight  hundred 
and  twenty-seven,  which  shall  be  in  lieu  of  the  aforesaid  quantity  here- 
tofore sold  by  the  United  States,  permanently  reserved  by  treaty  to 
individuals,  and  located  by  individual  grants  before  the  division  afore- 
said, and  which  would  otherwise  have  become  the  property  of  the  said 
State  in  virtue  of  the  act  above  referred  to;  the  selections  aforesaid  to 
be  made  and  reported  by  the  commissioners  to  the  proper  land  offices, 
before  the  reserved  sections  aforesaid  shall  be  offered  for  sale,  (a) 

(a)  See  Nos.  239,  245,  255,  272,  289,  291,  294,  302. 


INDIANA.  121 

No.  255.— AN  ACT  authorizing  the  county  of  Allen  to  purchase  a  portion  of  the     May  31,  1830. 
reservation  including  Fort  Wayne.  Vol.  6,  p.  448. 

Be  it  enacted,  $c.,  That  the  associate  judges  of  the  county  of  Allen*,     Authorized  to 
and  State  of  Indiana,  be,  and  they  are  hereby,  authorized  to  enter,  at  mini-  enter  a  tract  of 
mum  price,  for  the  use  and  benefit  of  said  county,  so  much  of  the  forty 
acres  reservation,  including  Fort  Wayne,  and  reserved  for  the  use  of 
the  Indian  agency,  established  there  as  may  not  fall  to  the  State  of 
Indiana,  under  the  act  of  the  second  day  of  March,  one  thousand  eight 
hundred  and  twenty-seven,  entitled  "An  act  to  grant  a  certain  quan- 
tity of  land  to  the  State  of  Indiana,  for  the  purpose  of  aiding  said  State 
in  opening  a  canal  to  connect  the  waters  of  the  Wabash  River  with 
those  of  Lake  Erie."  (a) 


(a)  See  Nos.  239,  245,  254, 272,  289,  291,  294,  302. 


"1 


256.— AN  ACT  to  establish  a  land  office  in  the  territory  of  Michigan,  and  for     Feb.  19, 1831. 
other  purposes.  Vol.  4,  p.  442. 


SEC.  9.  And  be  it  further  enacted,  That  all  the  lands  to  which  the  In-    .Fort   Wayne 
dian  title  is  extinguished,  lying  in  that  part  of  the  State  of  Indiana  dianTextended 
which  is  east  of  the  Lake  Michigan,  bordering  upon  the  northern  line 
of  said  State,  and  not  attached  to  any  land  district,  shall  be,  and  the 
same  are  hereby,  attached  to  the  Fort  Wayne  district,  (a) 

(a)  See  Nos.  196,  205,  231,  237,  238,  247,  265,  297,  310,  312,  314,  316. 


No. 


ng  the  selections  heretofore  made  of  lands  tor  the  con-      March  2,  1831. 
struction  of  the  Michigan  road,  in  the  State  of  Indiana.  Vol.  4,  p.  473. 

Be  it  enacted,  <$-c.,  That  the  selections  and  locations  heretofore  made     Certain     loca- 
by  the  State  of  Indiana,  of  the  Michigan  road  lands,  so  far  as  they  may  tions  confirmed, 
remain  unsold,  be,  and  the  same  are  hereby,  sanctioned  and  confirmed ; 
and  that  other  public  lands  in  Indiana,  in  lieu  of  those  already  sold, 
shall  be  selected  under  the  same  authority  that  the  original  selections 
and  locations  were  made:   Provided,  That  no  selections  or  locations 
shall  hereafter  be  made  for  the  purpose  aforesaid,  until  the  authority 
of  the  State  of  Indiana  shall  cause  to  be  made  to  the  General  Land  Of- 
fice an  accurate  survey  and  plat  of  the  said  road  throughout  its  entire 
line. 

SEC.  2.  And  be  it  further  enacted,  That  the  land  offices  at  Crawfords- 
ville  and  Fort  Wayne  shall  be  duly  notified,  by  the  State  authority,  of  the 
selections  made  in  virtue  of  this  "act ;  after  which,  no  sales  thereof  shall 
be  made,  (a) 

(a)  See  Nos.  244,  270. 

No.  258.— AN  ACT  for  the  relief  of  John  Gough,    *    *    *  March  3,  1831. 

Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be  author-     Vol.  6.  P-  467. 
ized  to  issue  to  John  Gongh,  of  Indiana,  a  patent  for  the  northeast     Land  patent  to 
quarter  of  section  eleven,  in  township  twelve,  north,  of  range  nine,  issue, 
west,  in  the  Vincennes  land  district,  upon  the  condition  expressed 
therein,  that  neither  said  John,  nor  any  person  under  him,  shall  claim 
any  benefit  under  a  patent  erroneously  issued  for  the  southeast  quarter 
of  said  section,  and  alleged  to  be  lost. 


No.  259.— AN  ACT  for  the  relief  of  James  Hogland.  March  3,  1831. 

Be  it  enacted,  #c.,  That  James  Hogland,  of  the  State  of  Indiana,  be,    Y°l  6,  p.  468. 
and  he  is  hereby,  authorized  to  surrender  and  cancel,  at  the  land  office     Authorized  to 
at  Indianapolis,  in  such  form  as  the  Secretary  of  the  Treasury  may  pre-  surrender  a  cer- 
scribe,  his  patent  for  the  east  half  of  the  southeast  quarter  of  section  tain  tract  of  land, 
seventeen,  in  township  fourteen,  north,  of  range  three,  east,  in  the  dis- 
trict  of  lands  offered  for  sale  at  Indianapolis  j  and  that  he  be  permitted 
to  enter,  in  lieu  thereof,  and  without  paying  for  the  same,  any  other 
half  quarter- sect  ion  in  said  district  subject  to  entry  at  private  sale. 


122 


INDIANA. 


Feb.  24,  1832. 
VoL  6,  p.  477. 


entry,  &c. 


No.  260.— AX  ACT  for  the  relief  of  Cornelius  Overton. 

Be  it  enacted,  #c.,  That  it  shall  and  may  be  lawful  for  Cornelius  Over- 
Authorized  to  ton,  of  the  State  of  Indiana,  upon  application  at  the  land  office  at  Yin- 
correct  error  in  cennes,  to  correct  the  error  committed  by  him  in  an  entry,  of  the  twen- 
ty-eight December,  one  thousand  eight  hundred  and  twenty-nine,  for 
the  east  half  of  the  northeast  quarter  of  section  numbered  two,  in  town- 
ship numbered  four,  south  of  raoge  numbered  thirteen  west,  and  to 
apply  the  money  paid  on  said  quarter-section  to  the  entry  and  payment 
therefor  of  the  east  half  of  the  southwest  quarter  of  section  numbered 
thirty-six,  in  township  numbered  three,  south  of  range  numbered  thir- 
teen west,  which  is  the  tract  of  land  t'he  said  Overton  designed  origin- 
ally to  enter  and  pay  for. 

be  SEC.  2.  And  be  it  further  enacted,  That  upon  the  application  of  said 
Overton,  as  aforesaid,  the  register  and  receiver  shall  give  to  him  the 
necessary  vouchers,  receipts,  &c.,  in  order  to  enable  him  to  obtain  a 
grant  for  the  said  half  quarter-section,  and  shall  take  up  from  the  said 
Overton  the  receipt  given  him  for  the  payment  made  by  him,  or  a  re- 
lease of  his  claim  to  the  land  aforesaid  entered  by  mistake  ;  and  the  said 
Overton  shall  be  entitled  to  a  patent  for  the  land  which  he  intended  to 
enter,  in  the  same  manner  as  though  he  had  correctly  entered  the  said 
land :  Provided,  That  this  act  shall  not  be  construed  to  affect  the  right 
of  any  other  person  to  the  said  half  quarter-section  numbered  thirty- 
six,  in  township  numbered  three,  south  of  range  thirteen  west. 


Patent    to 
issued,  &c. 


Proviso. 


261.—  AN  ACT  to  authorize  the  legislature  of  the  State  of  Indiana  to  sell  and 
convey  certain  lands  granted  to  said  State  for  the  use  of  the  people  thereof. 


July  3  1832. 
VoL  4,  p.  558. 

Legislature  au'     &e  ^  enacted,  #c.,  That  the  legislature  of  the  State  of  Indiana  be,  and 

thorized  to  sell  is  hereby,  authorized  to  sell  and  convey,  in  such  manner,  and  on  such 

and  convey  cer-  conditions,  as  said  legislature  shall  by  law  direct,  the  following  de- 

Land    tracts        scribed  tracts  of  land  heretofore  granted  and  set  apart  for  the  use  of 

said  State,  namely  :  sections  numbered  thirteen  progressively  to  thirty- 

six,  inclusive;  section  sixteen  excepted,  in  township  numbered  two, 

north  of  range  two,  west  ;  and  sections  numbered  one  to  twelve  pro- 

gressively and  inclusive,  in  township  one,  north  of  range  two,  west  ; 

and  the  northeast  quarter  of  section  numbered  fourteen,  in  township 

seven,  north  of  range  two,  west  ;  and  the  northwest  quarter  of  section 

numbered  twenty-six,  in  township  one,  north  of  range  five,  west,  in  the 

Vincemies  district  ;  likewise,  section  fifteen,  in  township  two,  north  ; 

section  twenty-eight,  in  township  three,  north  of  range  four,  east  ;  and 

fractional  section,  numbered  thirty  one,  in  township  nine,  north  of  range 

Proceeds     ap-  two,  east,  of  the  Jefferson  ville  district  ;  and  to  apply  the  proceeds  of  said 

plied  to    educa-  sale  to  the  purposes  of  education  :  Provided,  That  the  legislature  shall 

tion.  not  authorize  a  sale  of  the  said  land  at  a  less  price  than  that  at  which 

the  public  lands  are  sold  at  private  entry,  (a) 

(a)  See  Xo.  306. 


- 


July  3,  1832. 
VoL  6,  p.  502. 


No.  262.-AX  ACT  for  the  relief  of  William  McCormick. 


Be  it  enacted,  fc.,  That  it  shall  and  may  be  lawful  for  William  McCor- 

Mav  relinquish  mick.>  of  *^e  State  of  Indiana,  to  file,  in  the  land  office  at  Fort  Wayne, 
a  certain  tract  of  a  relinquishment,  in  such  form  as  the  register  and  receiver  of  the  said 
land  entered  by  land  office  shall  prescribe,  of  all  his  title  and  interest  in  and  to  the  east 
mistake,  &c.        half  of  the  southeast  quarter  of  section  ten,  in  township  twenty-two, 
within  the  said  land  district,  entered  by  him  through  mistake,  and, 
upon  the  execution  of  such  release,  to  apply  the  money  paid  on  the 
same  to  the  west  half  of  the  southeast  quarter  of  section  fifteen,  town- 
ship twenty-two,  if  the  said  quarter-section  remain  unsold  and  subject 
to  private  entry ;  if  not,  then  to  apply  the  amount  paid  in  by  mistake 
to  any  other  quarter-section  of  land  subject  to  private  entry  within 
said  district,  for  which  a  patent  shall  issue. 


INDIANA.  123 

No.  263.— AN  ACT  for  the  relief  of  William  Wayne  Wells,  of  the  State  of  Indiana.     Jaly  14)  18£2 
Be  it  enacted,  #c.,  That  under  the  directions  of  the  Secretary  of  War,     Vol.  6,  p.  519. 
there  shall  be  paid,  out  of  any  money  in  the  Treasury  not  otherwise    payment  for  a 
appropriated,  to  the  said  William  Wayne  Wells,  of  the  State  of  Indiana,  certain  section  of 
the  sum  of  one  thousand  two  hundred  and  eighty  dollars,  in  full  satis-  land  reserved  to 
faction  of  a  section  of  land  allowed  and  reserved  to  him  by  the  treaty  Mm>  &0- 
with  the  Miami  tribe  of  Indians,  dated  sixth  October,  one  thousand 
eight  hundred  and  eighteen,  and  which  said  section  of  land  was  after- 
wards reserved  for  the  use  of  the  Miami  tribe  of  Indians,  in  the  treaty 
made  with  them  and  dated  twenty -third  October,  one  thousand  eight 
hundred  and  twenty-six :  Provided,  That,  before  such  payment  is  made,     Proviso, 
the  said  William  Wayne  Wells  shall  make  and  execute  a  good  and  suf- 
ficient deed  and  conveyance,  relinquishing  all  the  right,  title,  interest, 
and  claim,  which  he  now  has,  or  ever  had,  to  said  section  of  land,  and 
shall  file  the  same  with  the  Secretary  of  War. 

No.  264.— AN  ACT  for  the  relief  of  the  heirs  of  Jeremiah  Buckley,  deceased.          juiy  j^  JQ32. 

Be  it  enacted,  #c.,  That  the  heirs  of  Jeremiah  Buckley  be,  and  they    Yol.  6,  p.  520. 
are  hereby,  confirmed  in  their  title  to  one  hundred  arpents  of  land,     Lan^  title  con- 
equal  to  eighty-five  acres,  situate  on  Wabash  River,  about  three  miles  firmed, 
above  Vincennes,  which  was  contracted  and  sold  by  a  certain  T.  Dubois 
to  the  said  Jeremiah  Buckley,  about  the  year  one  thousand  seven  hun- 
dred and  seventy-six;  and  afterwards,  viz:  on  the  eleventh  of  June, 
one  thousand  eight  hundred  and  three,  sold  and  conveyed  by  him  to 
the  United  States,  for  the  purpose  of  erecting  a  garrison  thereon :  Pro-    proviso 
vided,  That  no  other  title  than  such  as  the  United  States  have  to  the 
land  mentioned  shall  be  deemed  to  be  conveyed  or  affetted  by  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury    Payment     for 
pay  unto  the  heirs  of  the  said  Jeremiah  Buckley,  out  of  any  money  in  timber  and  sand, 
the  Treasury  not  otherwise  appropriated,  the  sum  of  two  hundred  and 
eighty  dollars,  in  full  compensation  for  the  use  made  of  the  timber  and 
sand,  while  they  occupied  the  said  land :  Provided  further,  That  the     proviso 
heirs  aforesaid,  relinquish  under  their  hands  and  seals  to  the  United 
States  at  the  proper  Department,  all  the  right,  title,  and  claim  that  they 
now  have,  or  ever  had,  for  or  on  account  of  the  said  above-described 
tract  of  land,  either  against  the  said  Dubois,  his  heirs  or  assigns,  or  the 
United  States,  and  that  a  compliance  with  this  proviso  on  the  part  of 
the  said  heirs,  form  a  condition  precedent  to  be  complied  with. 

No.  265.— AN  ACT  to  create  sundry  new  land  offices,  and  to  alter  the  boundaries     Match  2,  1833. 
of  other  land  offices  of  the  United  States.  Vol.  4,  p.  653. 

*  *  #  *  *  #  * 

SEC.  9.  And  be  it  further  enacted,     *      *     *     That  the  land  district     Boundaries  of 
hereinafter  created  by  the  tenth  section  of  this  act,  shall  be  bounded  land  district,  &o. 
on  the  south  by  the  line  dividing  townships  twenty-six  and  twenty- 
seven,  and  on  the  east  by  the  line  dividing  ranges  six  and  seven,  and 
the  lands  in  said  district  now  in  market  shall  be  subject  to  entry  at  the 
land  offices  at  Crawfordsville  and  Fort  Wayne  as  heretofore,  until  the 
;  day  of  July  next,  and  no  longer. 

#*•*•*  *  *  * 

SEC.  10.  And  be  it  further  enacted,  That  all  that  district  of  country,     New  land  dis- 
in  the  State  of  Indiana,  lying  west  of  the  line  dividing  ranges  seven  trict  in  Indiana, 
and  eight  east  of  the  second  principal  meridian,  and  north  of  the  line 
dividing  townships  twenty-four  and  twenty-five,  shall  form  a  separate 
land  district ;  and  the  land  office  for  the  sale  and  disposal  of  all  the     office    at   La- 
public  lands  in  said  district,  shall  be,  and  hereby  is,  established  at  La-  porte. 
porte  ;  and  for  said  land  office,  a  register  and  receiver  shall  be  appointed 
in  like  manner,  and  be  subject  to  like  rules  and  regulations,  and  receive 
the  same  salary,  fees,  and  compensation  for  their  services,  as  is  desig- 
nated and  provided  for  in  other  cases  by  the  fifth  section  of  this  act ; 
and  it  shall  be  [the]  duty  of  the  Secretary  of  the  Treasury,  as  soon  as 
it  can  be  done,  to  cause  the  necessary  tract  books,  plats,  maps,  and  sur- 
veys of  the  public  lands  in  said  district,  to  be  filed  in  said  office :    Pro-    President  may 
vided,  That  the  President  may,  whenever,  in  his  judgment,  the  public  remove  office, 
interest  and  the  convenience  of  the  people  require  it,  remove  said  of- 
fice to  a  more  central  and  suitable  place  in  said  district,  (a) 
(a)  See  Nos.  196,  205,  207,  231,  237,  238,  247,  256, 297,  310  313,  314,  316. 


124 


INDIANA. 


March  2,  1833. 
Vol.  4,  p.  663. 

Lands     to 
surveyed. 


No.  266.— AX  ACT  to  authorize  the  President  of  the  United  States  to  cause  the 
public  surveys  to  be  connected  with  the  line  of  demarcation  between  the  States 
of  Indiana  and  Illinois. 


be  Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and 
hereby  is  authorized  and  required  to  cause  the  public  lands  lying  along 
the  line  of  demarcation  between  the  States  of  Indiana  and  Illinois,  as 
established  by  the  joint  sanction  of  those  States,  to  be  surveyed  in  con- 
nection with  said  line  on  either  side  thereof. 

Compensation.  SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
be,  and  hereby  is,  authorized  to  allow  for  the  service  to  be  performed 
under  this  act,  such  further  compensation,  in  addition  to  [the]  regular 
price  now  authorized  by  law,  as  to  him  shall  appear  to  be  just  and  rea- 
sonable, to  be  paid  out  of  the  regular  appropriation  for  surveying  pub- 
lic lands  northwest  of  the  Ohio  River. 


March  2,  1833.  No.  267.— AN  ACT  for  the  relief  of  Hugh  Beard. 

VoL  fi,  p.  551.         J5e  it  enacted,  fc.,  That  Hugh  Beard  be  permitted  to  enter,  at  any  of 

Authorized  to  fc^e  land  offices  in  the  State  of  Indiana,  seventy-four  eighteen  hun- 
«nter  land.  dredths  acres  of  land,  on  any  of  the  public  lands  in  the  State  of  Indiana, 

Proviso.  and  now  subject  to  sale  by  law  :  Provided,  That  the  said  Hugh  Beard, 

before  making  said  entry,  shall  execute  and  deliver  to  the  register  of 
the  land  office  at  Indianapolis,  a  release  to  the  United  States  of  all 
claim  and  title  to  the  same  quantity  of  land  entered  by  him  on  the 
twenty-fifth  of  November,  one  thousand  eight  hundred  and  twenty- 
two,  and  which  was  afterwards  patented  to  him  by  the  United  States ; 
it  being  the  eastern  half  of  the  northeastern  quarter  of  section  one, 
in  township  sixteen,  and  range  four,  east. 


June  18, 1834.  No>  268.— AN  ACT  for  the  relief  of  George  K.  Jackson. 

Vol.  6,  p'.  5G3.         Be  it  enacted,  $c.,  That  George  K.  Jackson,  of  Indiana,  be,  and  he  is 
Ma  relin  uish  ^erelt)y>  authorized  to  relinquish  to  the  United  States,  the  north  frac- 
a  tract  of  land,  tion  of  the  northwest  quarter  of  section  four,  in  township  twenty-three 
and      payments  north  of  range  seven  west,  in  the  district  of  lands  offered  for  sale  at 
transferred,  <fcc.   Crawfordsville,  Indiana,  containing  seventy-two  acres  and  seven  one- 
hundredths,  which  was  entered  through  a  mistake,  and  that  the  re- 
ceiver of  public  moneys  at  the  land  office  aforesaid,  place  to  the  credit 
of  said  George  K.  Jackson,  the  amount  by  him  paid  for  the  above-named 
tract  of  land,  towards  the  payment  of  any  tract  which  he  may  select 
within  the  Crawfordville  land  district,  subject  to  private  entry :  Pro- 
Proviso,  vided,  however,  That  no  such  application  shall  be  made  until  he  relin- 
quishes his  right  to  the  above  described  tract  of  land  to  the  United 
States.     . 


June  26,  1834.  No.  269.— AN  ACT  for  the  relief  of  Richard  Nance. 

VoL  6,  p.  568.         ge  ^  enacted,  $*c.,  That  the  proper  officers  be,  and  are  hereby,  author- 
A  mistake  in  ized  and  required  to  correct  a  mistake  in  issuing  a  patent  for  the  north- 
issuing    a    land  west  quarter-section  five,  township  eighteen,  north  of  range  four  east, 
be  cor-  containing  fifty -seven  acres  and  ninety-two  hundredths,  in  the  district 
of  lands  offered  for  sale  at  Indianapolis,  and  issue  a  patent  to  Richard 
Nance  for  said  land. 


T        oa  ieiA     No.  270. — AN  ACT  to  aulhorize  the  correction  of  erroneous  selections  of  land 
Vol  4  p  702  granted  to  the  State  of  Indiana,  for  the  purpose  of  constructing  the  Michigan 

Indiana  to  se-  Be  it  enacted,  $c.,  That  the  State  of  Indiana  be,  and  hereby  is  anthor- 
lect  lands  in  lieu  jze(j  to  select  other  lands  in  lieu  of  sections  numbered  eighteen  and 
selected  y  twenty-nine,  and  fractional  section  numbered  thirty -two,  in  township 

thirty-seven  north,  of  range  one,  east,  heretofore  selected,  to  be  applied 
to  the  purpose  of  constructing  the  Michigan  road  in  Indiana;  the  se- 
lections authorized  by  this  act  to  be  made  on  any  unsold  land,  within 
the  district  where  the  above-mentioned  lands  lie,  and  shall  be  applied 
to  the  same  object,  and  the  first  named  selections  are  hereby  declared 
void  and  of  no  effect,  (a) 
(a)  See  Nos.  244, 257. 


INDIANA. 


125 


No.  271.— AN  ACT  for  the  relief  of  John  Allen.  june  28, 1834. 

Be  it  enacted,  #c.,  That  John  Allen  be,  and  he  hereby  is,  authorized  to    Yol-6.P-575- 
enter  at  private  sale  with  the  register  of  the  land  office  at  Vincennes,     Authorized  to 
at  any  time  within  six  months  from  the  passage  of  this  act,  paying  one  enter Jand  at  pri- 
dollar  and  twenty-five  cents  per  acre,  the  tract  of  land  on  which  he  Ya 
now  lives,  being  location  numbered  two  hundred  and  ninety-two,  on 
the  Vincennes  donation  tract,  in  township  three  north,  and  range  seven 
west,  in  the  land  district  aforesaid :  Provided,  however,  That  the  pre-    proviso, 
emption  hereby  authorized  shall  in  nowise  interfere  with  any  existing 
right  of  others. 

No.  272.— AN  ACT  authorizing  the  selection  of  certain  Wabash  and  Erie  Canal     June  30,  1834. 
lands  in  the  State  of  Ohio.  Yol.  4,  p.  716. 

'See  OHIO,  No.  138.] 

No.  273.— AN  ACT  to  confirm  the  selection  and  survey  of  two  sections  of  land  to     June  30,  1834. 
Francis  Lafontain  and  son,  and  their  assignees.  Vol.  6,  p.  601. 

Be  it  enacted,  <fc.,  That  the  location  and  surveys  of  two  sections  of    A  tract  of  land 
land  on  the  west  side  of  the  Saint  Mary's  River,  made  by  the  surveyor-  confirmed    to 
general  of  the  public  lands,  prior  to  the  seventh  day  of  May,  one  thou- them- 
sand  eight  hundred  and  twenty-three,  for  Francis  Lafontain  and  sou, 
under  a  treaty  made  by  Jonathan  Jennings,  Lewis  Cass  and  Benjamin 
Park,  commissioners  on  the  part  of  the  United  States,  and  the  Miami 
nation  of  Indians  of  the  other  part,  entered  into  on  the  sixth  day  of 
October,  one  thousand  eight  hundred  and  eighteen,  be,  and  the  same 
are  hereby,   confirmed,  and  declared  valid  under  the  treaty  aforesaid: 
Provided,  always,  That  this  act  shall  not  be  so  construed  as  to  prejudice    Proviso, 
the  claim  of  any  other  person  or  persons  to  said  lands,  or  any  part 
5of,  acquired  prior  to  the  date  aforesaid. 


No.  274.— AN  ACT  for  the  relief  of  William  O'Neal  and  Robert  Morrison. 


March  3,  1835. 


Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  cause  to  be  issued     Vol.  6,  p.  614. 
to  William  O'Neal,  of  the  State  of  Indiana,  a  patent  for  the  east  half    Land  patent  to 
of  the  northwest  quarter  of  section  number  thirty-one,  of  township  issue  to  William 
number  twenty- two  north,  of  range  number  eleven  east,  in  the  Fort  O'Neal. 
Wayne  land  district  upon  his  relinquishing  to  the  United  States,  the 
east  half  of  the  northwest  quarter  of  section  number  thirty-one,  of 
township  number  twenty-two  north,  of  range  number  ten  east,  in  the 
land  district  aforesaid,  which  was  entered  through  mistake. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury     Two  patents  to 
cause  to  be  issued  to  Robert  Morrison,  of  the  State  of  Indiana,  patents  JJJJJJ  to 
for  the  northeast  fourth  of  the  southeast  quarter  of  section  twenty- n80ni 
one,  in  range  two  west,  of  township  twenty  north,  and,  also,  for  the 
southeast  fourth  of  the  northeast  quarter  of  the  same  section,  town- 
ship, and  range,  within  the  Crawfordsville  land  district,  in  the  State  of 
Indiana,  upon  his  relinquishing  to  the  United  States  the  southwest 
fourth  of  the  southeast    quarter,  and  the  southeast  fourth  of  the 
southwest  quarter  of  khe  same  section,  township,  and  range,  which 
was  entered  through  mistake. 


No.  2"  75.— AN  ACT  for  the  relief  of  Benjamin  Bennet,  Peter  Guthrie,  George  W.     May  14, 1836. 

Bennet,  James  Calvin,  John  Fifer,  and  the  heirs  of  Henry  Sumpter,  deceased.          Vol.  6,  p.  629. 

Be  it  enacted,  $-c.,  That  Benjamin  Bennet  be,  and  he  is  hereby,  author-    Benj     Bennet 
ized  to  relinquish  to  the  United  States,  in  such  manner  and  form  as  authorized  to  re- 
the  Commissioner  of  the  General  Land  Office  shall  prescribe,  the  north-  linquish  certain 
east  quarter  of  the   northeast  quarter  of  section  number  thirty,  in  lanas>  &c- 
township  number  three  south,  of  range  number  thirteen  west,  of  the 
second  principal  meridian,  in  the  district  of  lands  offered  for  sale  at 
Vincennes,  in  the  State  of  Indiana ;  and  upon  such  relinquishment  hav- 
ing been  made,  as  aforesaid,  the  said  Benjamin  Bennet  is  hereby  author- 
ized to  enter  in  lieu  of  the  lands  so  relinquished,  any  other  quarter 
quarter-section  of  any  of  the  unsold  public  lands  in  said  district  sub- 
ject to  entry  at  private  sale. 


126  INDIANA. 

H.    Sampler's     SEC.  2.  And  be  it  further  enacted,  That  the  legal  representatives  of 
representatives  Henry  Sumpter,  deceased,  be,  and  they  are  hereby,  authorized  to  relin- 
authorized  tore-  ^^  to  the  United  States,  in  the  manner  and  form  prescribed  in  the 
'n  '    c'  first  section  of  this  act,  the  southeast  quarter  of  the  northeast  quar- 
ter of  section  number  thirty,  in  township  three  south,  of  range  number 
thirteen  west,  of  the  second  principal  meridian,  in  the  district  of  lands 
offered  for  sale  at  Vincennes,  in  the  State  of  Indiana;  and  upon  such 
relinquishment  having  been  made  as  aforesaid,  the  legal  representatives 
of  the  said  Henry  Sumpter,  deceased,  are  hereby  authorized  to  enter, 
in  lieu  of  the  lands  so  relinquished,  any  other  quarter  quarter-section 
of  any  of  the  unsold  public  lands  in  the  said  district,  subject  to  entry 
at  private  sale. 

P.  Guthrie  au-  SEC.  3.  And  be  it  further  enacted,  That  Peter  Guthrie  be,  and  he  is 
qSland  &cf~  hereby>  authorized  to  relinquish  to  the  United  States,  in  the  manner 
and  form  prescribed  by  the  first  section  of  this  act,  the  southeast  quar- 
ter of  the  southeast  quarter  of  section  number  nineteen,  in  township 
number  three  south,  of  range  number  thirteen  west,  of  the  second 
principal  meridian,  in  the  district  of  lands  offered  for  sale  at  Vincennes, 
in  the  State  of  Indiana ;  also,  the  southwest  quarter  of  the  south- 
west quarter  of  section  number  twenty,  in  township  number  three 
south,  of  range  number  thirteen  west,  of  the  second  principal  meridian, 
in  the  said  Vincennes  land  district ;  and  upon  such  relinquishment 
having  been  made,  as  aforesaid,  the  said  Peter  Guthrie  is  hereby  author- 
ized to  enter,  in  lieu  of  the  lands  so  relinquished,  any  other  two  quar- 
ter quarter-sections  of  any  of  the  unsold  public  lands  in  the  said  land 
district  subject  to  entry  at  private  sale. 

G.  W.  Bennett  SEC.  4.  And  be  it  further  enacted,  That  George  Washington  Bennet 
S§  .^Uliqui8h  be,  and  he  is  hereby,  authorized  to  relinquish  to  the  United  States,  ii 
the  manner  and  form  prescribed  in  the  first  section  of  this  act,  the 
southwest  quarter  of  the  northwest  quarter  of  section  number  twenty- 
eight,  in  township  number  three  south,  of  range  number  thirteen  west, 
of  the  principal  meridian,  in  the  district  of  lands  offered  for  sale  at 
Vincennes,  in  the  State  of  Indiana;  and  upon  such  relinquishment  hav- 
ing been  made,  as  aforesaid,  the  said  George  Washington  Bennett  shall 
be,  and  he  is  hereby,  authorized  to  enter,  in  lieu  of  the  lands  so  relin- 
quished, any  other  quarter  quarter-section  of  the  unsold  public  lands 
in  the  said  land  district  subject  to  entry  at  private  sale. 

J.  Calvin  may  SEC.  f>.  And  be  it  further  enacted,  That  James  Calvin  be,  and  he  is 
relinquish,  &c.  hereby,  authorized  to  relinquish  to  the  United  States,  in  the  manner 
and  form  prescribed  by  the  provisions  of  the  first  section  of  this  act, 
the  southwest  quarter  of  the  south  quarter  of  section  number  eighteen, 
in  township  number  three  south,  of  range  number  thirteen  west,  of  the 
second  principal  meridian,  in  the  district  of  lands  offered  for  sale  at 
Vincennes,  in  the  State  of  Indiana;  and  upon  such  relinquishment 
having  been  made  as  aforesaid,  the  said  James  Calvin  is  hereby  author- 
ized to  enter,  in  lieu  of  the  lands  so  relinquished,  any  other  quarter 
quarter-section  of  the  public  lands  in  the  said  land  district,  subject  to 
entry  at  private  sale. 

J.  Fifer  may  SEC.  6.  And  be  it  further  enacted,  That  John  Fifer  be,  and  he  is  hereby, 
relinquish,  &c.  authorized  to  relinquish  to  the  United  States,  in  the  manner  and  form 
as  prescribed  by  the  provisions  of  the  first  section  of  this  act,  the  east 
half  of  the  southeast  quarter  of  fractional  section  number  eighteen, 
in  township  number  three  south,  of  range  thirteen  west,  of  the  second 
principal  meridian,  in  the  district  of  lands  offered  for  sale  at  Vincennes, 
in  the  State  of  Indiana  ;  and  upon  such  relinquishment  having  been 
made,  as  aforesaid,  the  said  John  Fifer  is  hereby  authorized  to  enter,  in 
lieu  of  the  land  so  relinquished,  any  other  half  quarter-section  of  the 
public  lands  in  the  said  land  district,  subject  to  entry  at  private  sale. 


June  23,  1836.    No.  276,— AiN"  ACT  to  settle  and  establish  the  northern  boundary  line  of  the  State  of 
Vol.  5,  p.  56.  Ohio. 


TV hich  line     SEC.2.^7J<?&e«/wr^ere7?acied,Thattheboundarylme8urveyed,marked, 

shall  be  deemed  and  designated,  agreeably  to  "An  act  to  authorize  the  President  of  the 

ge^east  and  west  United  states  to  ascertain  and  designate  the  northern  boundary  of  the 

State  of  Indiana,"  approved  March  the  second,  eighteen  hundred  and 

twenty-seven,  shall  be  deemed  and  taken  as  the  east  and  west  line  men- 


INDIANA.  127 

tioned  in  the  constitution  of  the  State  of  Indiana,  drawn  through  a 
point  ten  miles  north  of  the  southern  extreme  of  Lake  Michigan,  and 
shall  be  and  for  ever  remain  the  northern  boundary  of  said  State,  (a) 

*  *  *  *  *  *  * 

(a)  See  Nos.  193,  203,  209,  246. 


No.  277.— AN  ACT  for  the  relief  of  Daniel  Smith.  June  23,  1836. 

Be  it  enacted,  <$-c.,  That  the  Commissioner  of  the  General  Land  Office 


be,  and  he  is  hereby,  authorized  and  directed  to  issue  a  patent  to  Daniel    A  patent  for  a 
Smith,  of  Morgan  County,  Indiana,  for  the  southeast  quarter  of  section  *ract  of  !and  to 
twenty,  township  thirteen  north,  range  one  west,  in  the  district  of  lands 
offered  for  sale  at  Crawfordsville :  Provided,  That  this  act  shall  not  be 
construed  to  affect  the  rights  of  any  third  party. 


No.  278.— AN  ACT  for  the  relief  of  the  citizens  of  the  reserved  township  in  Monroe     June  23,  1836. 
County,  in  the  State  of  Indiana.  Vol.  6,  p.  641. 

Be  it  enacted,  #c.,  That  the  register  and  receiver  of  the  land  office  at    Land  to  1)e  8Qm 
Indianapolis  be,  and  they  are  hereby,  authorized  to  select  within  said  dis-  lected  for  use  of 
trict  out  of  any  of  the  public  lands,  a  quantity  of  land  for  the  use  of  schools, 
schools  within  the  reserved  township  in  Monroe  County,  equivalent  in 
value,  and  in  lieu  of  the  sixteenth  section  in  said  township,  which  was 
granted  by  Congress  to  the  State  of  Indiana,  for  the  use  and  benefit  of 
a  State  college. 

No.  279.— AN  ACT  for  the  relief  of  Archibald  Small.  June  23, 1836. 

Be  it  enacted,  #c.,  That  Archibald  Small  be,  and  he  is  hereby,  permit-    YoL  6»  P- 642- 
ted  and  allowed  to  enter  the  west  half  of  the  southeast  quarter  of  sec-    Allowed  to  en- 
tion  number  thirty-three,  in  township  number  thirteen,  north  of  range  ter  a  tract  of  land, 
five  east,  in  the  district  of  lands  offered  for  sale  at  Indianapolis,  in  the 
State  of  Indiana,  for  which  he  shall  be  entitled  to  a  patent,  on  his  re- 
linquishing to  the  United  States  the  west  half  of  the  southwest  quarter 
of  section  number  thirty-three,  in  township  number  thirteen,  north  of 
range  five  east,  in  the  district  aforesaid,  and  which  was  entered  by  said 
Archibald  Small  through  mistake,  and  not  detected,  by  reason  of  the 
said  Archibald  Small  not  being  able  to  read. 


No.  280.— AN  ACT  for  the  relief  of  William  Bowman.  June  33  1836 

Be  it  enacted,  #c.,  That  William  Bowman,  of  the  State  of  Indiana,  be,     Vol.  6,  p.  646.' 

and  he  is  hereby,  authorized  to  relinquish  to  the  United  States  the 

northeast  quarter  of  section  twenty-one,  and  the  west  half  of  the  south- 
west  quarter  of  section  twenty-two,  both  in  township  number  thirteen  &0. 
north,  of  range  two  west,  in  the  district  of  lands  offered  for  sale  at 
Crawfordsville,  in  the  State  of  Indiana,  which  were  entered  through 
mistake,  and  that  he  be  permitted  to  enter  in  lieu  thereof,  at  the  office 
aforesaid,  the  northeast  quarter  of  section  twenty-eight,  and  the  south 
half  of  the  northwest  quarter  of  section  twenty-seven,  same  township 
and  range,  provided  the  same  be  vacant ;  if  not,  then,  and  in  that  case, 
to  enter  a  like  quantity  of  any  of  the  public  lands  within  said  district 
subject  to  entry  at  private  sale. 

No.  281.— AN  ACT  for  the  relief  of  John  Alman  and  George  "Woolsey.  July  2, 1836. 

Be  it  enacted,  fc.,  That  John  Alman,  of  the  county  of  Pike  and  State    Vote. 'p.  680. 
f  Indiana,  be,  and  he  is  hereby,  authorized  to  relinquish  to  the  United    j   Alman  au- 
States  in  such  manner  and  form  as  have  been  or  may  hereafter  be  pre-  thorized  to  relin- 
scribed  by  the  Commissioner  of  the  General  Land  Office,  the  north  half  quish  a  tract  of 
of  the  northwest  quarter  of  section  number  three,  in  township  number  land-and  to  enter 
three  south,  of  range  eight  west,  of  the  second  principal  meridian,  in 
the  district  of  lands  sold  at  Vincennes,  Indiana ;  and  upon  such  relin- 
quishment  haying  been  made  as  aforesaid,  the  said  John  Alman  is 
icreby  authorized  to  enter,  in  lieu  of  the  lands  so  relinquished,  the 
north  half  of  the  northwest  quarter  of  section  two,  township  three 
south,  range  eight  west. 


128  INDIANA. 

«.  w<>olaey  an-  SEC-  2-  And  be  {t  farther  enacted,  That  George  Woolsey,  of  the  county 
c0  " and  St*te  aforesai?»  be>  and  he  is  hereby,  authorized  to  relinquish  to 
the  United  States,  in  manner  and  form  aforesaid,  the  southeast  quarter 
of  the  northwest  quarter  of  section  number  thirty-three,  in  township 
number  two  south,  of  range  eight  west,  of  the  second  principal  merid- 
ian, in  the  district  of  lands  sold  at  Vincennes,  in  the  State  of  Indiana; 
and  upon  such  relinquishment  as  aforesaid  having  been  made,  the  said 
George  Woolsey  is  hereby  authorized  to  enter,  in  lieu  of  the  land  so  re- 
linquished, the  southeast  quarter  of  the  northwest  quarter  of  section 
thirty-four,  township  two  south,  range  eight  west. 

July  2,  1836.  No.  282.— AN  ACT  for  the  relief  of  Tobias  Crnm. 

Vol.  6,  p.  680.        Be  it  enacted,  fc.,  That  Tobias  Crum,  of  the  State  of  Indiana,  be,  and 
Authorized  to  ne  is  herelt)y>  permitted  and  allowed  to  enter  the  northwest  quarter  of 
relinquish  a  tract  the  southeast  quarter  of  section  number  twenty,  in  township  five  north, 
of  land  and  to  en-  of  range  six  east,  in  the  Jeffersonville  land  district,  in  the  State  of  In- 
ter another.          diana,  for  which  he  shall  be  entitled  to  a  patent  on  his  relinquishing  to 
the  United  States  the  northeast  quarter  of  the  southeast  quarter  of 
section  number  twenty,  in  township  five  north,  of  range  six  east,  in 
said  district,  which  lot  he  entered  through  mistake. 


Jan.  31, 1837.  Xo.  283.— AX  ACT  for  the  relief  of  Norman  Holt. 

Vol.  6,  p.  684.        Be  it  enacted,  fc.,  That  Norman  Holt,  of  Owen  County,  in  the  State  of 
Entitled   to  a  Indiana,  shall  be  entitled  to  enter  one  quarter  quarter-section  of  land,  on 
tract  of  land  on  any  of  the  unsold  lands  in  the  Vincennes  land  district  in  said  State, 
surrendering,  <fcc.  subject  to  entry  at  private  sale,  on  his  first  surrendering  to  the  United 
States,  at  the  said  office,  the  southwest  quarter  of  the  southeast  quar- 
ter of  section  number  twenty-five,  in  township  twelve  north,  and  range 
five  west ;  and  that  the  money  paid  by  said  Holt  for  the  entry  of  said 
tract,  shall  be  applied  to  the' payment  of  such  other  tract  or  quarter 
quarter-section,  as  the  said  Holt  may  enter  in  said  district. 


April  4,  1838.  No.  284.- AN  ACT  for  the  relief  of  Michael  Cassel. 

Vol.  6,  p.  710.        Be  it  enact€(if  tj.Ct   That  Michael  Cassel,  of  Laporte  County,  in  the 
May  surrender  State  of  Indiana,  be,  and  he  is  hereby,  authorized  to  surrender  the  cer- 
a land  certificate,  tificate  issued  to  him  from  the  land  office  at  Laporte,  in  said  State,  for 
fand  Cnter         r  lo*?  numl)ered  one  and  two,  or  the  east  part  of  section  thirty-five,  town- 
ship thirty-seven  north,  of  range  one  west,  which  was  entered  by  him 
through  mistake ;  and,  on  filing  his  relinquishment  to  all  right  and  title 
thereto,  the  said  Michael  Cassel  is  hereby  authorized  to  enter  in  said 
land  office  at  Laporte  an  equal  quantity  of  any  of  the  public  land  re- 
maining unoccupied  and  subject  to  private  entry  in  the  Laporte  land 
district,  with  that  for  which  he  has  paid  and  shall  relinquish,  and  be 
entitled  to  a  certificate  for  the  same. 


No.  285.— AN  ACT  for  the  relief  of  Zebulon  Sheets. 

p.76839'       Be  it  enacted,  $'C.,  That  Zebulon  Sheets,  or  his  legal  representatives, 
be,  and  are  hereby,  authorized,  upon  surrendering  to  the  United  States, 


Upon     surren-  free  of  encumbrance,  forty-seven  acres  and  two-hundredths  of  an  acre 

££1  w°Ste?  of  land»  entered  bJ  the  said  Sheets  at  the  land  office  at  Crawfordsville, 

&c.  '  '  State  of  Indiana,  in  section  six,  township  twenty-six,  range  four  west, 

to  enter  the  same  amount  anywhere  in  said  State,  upon  any  lands  of  the 

United  States  subject  to  private  entry  and  unoccupied. 


March  3  1839.  No.  286.— AN  ACT  for  the  relief  of  Aaron  Stout. 

Vol.  6,  p!  781.        B€  n  enacted,  #c.,  That  Aaron  Stout,  or  his  legal  representatives,  be, 
~~  and  are  herebv  authorized  to  enter,  and  obtain  a  patent  for  three  hun- 
enterand^obtain  dred  and  twenty  acres  of  land,  free  of  cost,  in  any  part  of  the  State  of 
a  patent  for  land  Indiana,  upon  any  of  the  lands  of  the  United  States  subject  to  private 
free  of  cost.         entry;  being  bounty  land  due  him  for  services  in  the  last  war,  but 
which  he  has  not  received,  in  consequence  of  the  loss  of  his  certificate 
and  discharge. 


INDIANA.  129 

No.  287.— AN  ACT  for  the  relief  of  Peter  Warner,  of  Indiana.  July  2o,  1840. 

Be  it  enacted,  #c.,  That  Peter  Warner  of  Indiana,  be,  and  he  hereby    Vol.  6,  p.  805. 
is,  authorized  to  enter  with  the  register  of  the  Winnamac  land  office,     Authorized  to 
in  that  State,  the  southeast  quarter  of  section  one,  in  township  thirty-  enter    c  er  tain 
two  north,  of  range  five  east,  of  the  public  land  in  the  said  land  dis-  land, 
trict,  at  the  rate  of  one  dollar  and  twenty-five  cents  per  acre. 


No.  288.— AN  ACT  for  the  relief  of  Hyacinth  Lassel.  July  21,  1840. 

Be  it  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office    Vol.  6,  p.  816. 
shall  issue  to  Hyacinth  Lassel  (named  in  the  schedule  of  grants  annexed    A  certiflcate 
to  the  treaty  made  with  the  Pottawatomie  tribe  of  Indians,  on  the  authorizing  him 
seventeenth  day  of  October,  in  the  year  one  thousand  eight  hundred  to  enter  certain 
and  twenty-six,  near  the  mouth  of  the  Missisainniwa,  upon  the  Wabash, land.  *°  issue. 
in  the  State  of  Indiana)  a  certificate  under  the  seal  of  said  land  office, 
authorizing  him,  the  said  Hyacinth  Lassel,  to  locate  five  hundred  and 
sixty  acres  of  land  in  one  tract,  at  any  land  office  in  the  State  of  Indi- 
ana ;  he,  the  said  Lassel,  paying  the  minimum  price  fixed  for  such  lands, 
for  eighteen  acres  and  forty- six  hundredths  of  an  acre,  part  and  parcel 
of  said  tract  of  five  hundred  and  sixty  acres. 

SEC.  2.  And  be  it  further  enacted,  That  such  certificate  of  the  Commis-    Such  certificate 
sioner  of  the  General  Land  Office  aforesaid,  shall  be  receivable,  from  ]gr  ^nd"eceivable 
the  eaid  Hyacinth  Lassel,  at  any  land  office  in  said  State  of  Indiana,  at 
any  time  prior  to  the  fourth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  forty- three,  or  from  the  heirs  or  assigns  of  the  said 
Hyacinth  Lassel,  in  payment,  according  to  the  provisions  of  the  first 
section  of  this  act :  Provided,  hoivever,  That  the  entry  and  location  here-    Proviso, 
by  authorized,  shall  not  be  made  on  any  lands  within  the  limits  of  the 
grant  made  to  the  State  of  Indiana  for  the  Wabash  and  Erie  Canal ;  i 

nor  on  the  alternate  sections  reserved  to  the  United  States  in  said  grant; 
nor  on  any  lands  selected  by  the  State  of  Indiana  for  the  purposes  of 
said  canal,  (a) 

(a)  See  Nos.  293,  301. 

No.  289.— AN  ACT  to  confirm  to  the  State  of  Indiana  the  land  selected  by  her  for  Feb.  27,  1841. 
that  portion  of  the  "Wabash  and  Erie  Canal  which  lies  between  the  mouth  of  the  Vol.  5,  p.  414. 
Tippecanoe  River  and  Terre  Haute,  and  for  other  purposes. 


Be  it  enacted,  £c.,  That  there  be,  and  there  hereby  is,  confirmed  to  the     The    land   se- 
State  of  Indiana,  the  land  selected  by  her,  under  the  provisions  of  the  jf^  *$ of  2d of 
act  of  second  of  March,  eighteen  hundred  and  twenty-seven,  entitled  March,  1827,  con- 
"An  act  to  grant  a  certain  quantity  of  land  to  the  State  of  Indiana,  for  firmed  to  her. 
the  purpose  of  aiding  the  State  in  opening  a  canal  to  connect  the  waters 
of  the  Wabash  with  those  of  Lake  Erie,"  for  that  portion  of  the  canal 
between  the  mouth  of  the  Tippecanoe  River  and  Terre  Haute,  as  re- 
turned by  said  State  to  the  Secretary  of  the  Treasury,  (a) 

SEC.  2.  And  le  it  further  enacted,  That  should  any  of  said  land's,  at  the     Indiana  autho- 
time  of  their  selection  and  location  by  the  State,  have  been  subject  to  ™^der°  ^s'in 
any  right  of  pre-emption,  or  other  legal  incumbrance,  the  State  of  jieu  Of  those  sub- 
Indiana  shall  be,  and  she  hereby  is,  authorized  to  select,  of  any  lands  ject  to  pre-emp- 
subject  to  private  entry  in  said  State,  other  lands  in  lieu  of  so  much  tion,  &c. 
thereof  as  may  be  so  incumbered,  and,  upon  return  of  a  description  of  the 
same  to  the  Secretary  of  the  Treasury,  the  same  shall  be,  and  hereby  is, 
confirmed  to  the  State :  Provided,  That  no  more  land  shall  be  selected,    Proviso.     • 
or  hereby  confirmed,  than  a  quantity  equal  to  one-half  of  five  sections 
in  width  on  each  side  of  said  canal,  from  the  mouth  of  the  Tippecanoe 
River  to  Terre  Haute. 

(a)  See  Noa.  239,  245, 254, 255, 272, 291, 294, 302. 


No.  290.— AN  ACT  for  the  relief  of  the  inhabitants  of  the  reserved  township  in     Aug.  11,  1842. 
Gibson  County,  in  the  State  of  Indiana.  Vol.  6,  p.  851. 

Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he    A    aection    Of 
hereby  is,  authorized  to  select  one  section,  in  not  less  than  quarter-sec-  land  for  the  use 
tions,  of  any  surveyed  and  unappropriated  lands  in  the  State  of  Indi-  of  schools  to  be 
ana,  not  subject  to  any  right   of  pre-emption,  for  the  use  of  schools  selected, 
within  the  reserved  township  in  Gibson  County,  in  the  State  of  Indiana, 
in  lieu  of  the  sixteenth  section  in  said  township,  which  was  granted  by 
9  L  O — VOL.  II 


130  INDIANA. 

Congress  to  the  State  of  Indiana,  for  the  uses  and  benefit  of  a  State 
college  ;  which  said  section,  when  so  selected,  shall  be  forever  held,  or 
disposed  of,  under  the  laws  in  force,  by  the  inhabitants  of  said  reserved 
township,  for  the  use  and  purposes  for  which  section  sixteen  is  in  other 
cases  held  or  disposed  of,  and  for  no  other  use  or  purpose  whatever,  (a) 

(a)  SeeNos.  196, 205, 215, 236, 249, 261, 278, 315. 

Aug,  29,  1842.     No.  291.— AX  ACT  to  authorize  the  States  of  Indiana  and  Illinois  to  select  certain 
Yol.  5,  p.  542.  quantities  of  land,  in  lieu  of  like  quantities  heretofore  granted  to  the  said 

States,  for  the  construction  of  the  Wabash  and  Erie  and  the  Illinois  and  Michi- 

gan  canals. 

Lands  to  be  se-     Be  it  enacted,  <$*c.,  That  there  be  be  vested  in  the  State  of  Indiana 
lected  in  lieu ^of  twenty -four  thousand  two  hundred  and  nineteen  acres,  and  fourteen 
for  the8  Wabash  hundredths  of  an  acre  of  land,  to  be  selected  under  the  authority  of 
and  Erie  Canal,    the  governor  of  said  State,  from  any  of  the  unsold  public  lands  therein, 
not  subject  to  the  right  of  pre-emption,  as  an  equivalent  for  certain 
lands  covered  by  Indian  reservations  in  the  lands  acquired  by  treaties 
with  the  Miami  Indians,  in  the  years  eighteen  hundred  and  thirty-seven 
and  eighteen  hundred  and  thirty-nine,  respectively,  and  which,  had 
said  reservations  not  been  permitted  or  allowed,  would  have  belonged 
to  said  State  in  virtue  of  the  act  of  the  second  of  March,  eighteen  hun- 
dred and  twenty-seven,  entitled  "An  act  to  grant  a  certain  quantity  of 
land  to  the  State  of  Indiana,  for  the  purpose  of  aiding  said  State  in 
opening  a  canal  to  connect  the  waters  of  the  Wabash  River  with  those 
of  Lake  Erie." 

******* 

Selections  to  be  SEC.  3.  And  be  it  further  enacted,  That  the  selections  of  land  made 
reported  to  Sec-  under  this  act  shall  be  reported  by  the  governors  of  the  said  States  re- 
r  e  t  ar  y  of  the  spectively,  to  the  Secretary  of  the  Treasury,  and  approved  by  the  Presi- 
e  dent  °f  the  United  States,  (a) 

(a)  See  Nos.  239,  245,  254,  255,  272,  289,  294,  302. 


June  15, 1844.  No*  292 — AX  ACT  for  the  relief  of  George  W.  Allen  and  Reuben  Allen. 

Yol.  6,  p.  915.  Be  it  enactf^  f0tj  That  the  reversionary  interest  of  the  United  States 
Rev  ersionary  in  and  to  *ne  reservation  to  John  B.  Sbadernah,  by  and  under  the  second 
interest  of  TJnit-  article  of  the  treaty  with  the  Pottawatomie  Indians  of  the  twenty-sixth 
ed  States  in  a  dav  of  October,  in  the  year  eighteen  hundred  and  thirty-two,  be,  and 
ti^relinquTsS  *he  8ame  is  hereby>  relinquished  to  George  W.  Allen  and  Reuben  Allen; 
to  them.  it  being  understood,  and  this  relinquishment  is  made  upon  the  condi- 

tion, that  the  said  George  W.  Allen,  and  Reuben  Allen  as  grantees,  have 
purchased  of  the  said  reservee  by  authentic  and  regular  deed,  his  right 
Proviso.  in  and  to  the  said  reservation  :  And  provided  further.  That  no  sale  or 

conveyance  of  said  reservation  by  said  reservee  shall  be  deemed  regu- 
lar, nor  shall  this  act  have  effect,  until  the  President  of  the  United 
States  shall  have  approved  such  conveyance,  and  endorsed  his  approval 
thereon. 

June  17  1844  No*  293.— AX  ACT  for  the  relief  of  the  heirs  of  Hyacinth  Lasselle. 

Vol.  6,  p.  928.        Whereas,  by  an  act  of  the  Congress  of  the  United  States,  entitled 

Preamble.  "An  act  for  the  relief  of  Hyacinth  Lasselle,"  approved  the  twenty- first 
day  of  July,  in  the  year  eighteen  hundred  and  forty,  the  said  Hyacinth 
Lasselle  was  authorized  to  locate  five  hundred  and  sixty  acres  of  land 
at  any  land  office  in  the  State  of  Indiana,  at  any  time  prior  to  the 
fourth  day  of  March,  in  the  year  eighteen  hundred  and  forty-three,  by 
paying  the  minimum  price  fixed  for  such  lands,  for  eighteen  acres  and 
forty-sixth  hundredths  of  an  acre,  part  and  parcel  of  said  tract  of  five 
hundred  and  sixty  acres  :  and  whereas,  also,  the  said  Hyacinth  Lasselle 
has  deceased  without  perfecting  the  location  of  said  land :  Therefore, 

Authorized  to  Be  it  enacted,  $c.,  That  it  shall  be  lawful  for  the  heirs  of  the  said 
locate  land.  Lasselle  to  locate  the  said  tract  of  land  in  eaid  act  contemplated,  at  any 
time  prior  to  the  fourth  day  of  March,  eighteen  hundred  and  forty-six, 
at  any  land  office  in  the  State  of  Indiana,  either  before  or  after  any 
lands  therein  may  have  been  offered  at  public  sale,  by  paying  the  said 
minimum  price  for  the  said  eighteen  acres  and  forty-six  hundredths,  as 
by  said  act  is  provided,  (a) 

(a)  See  Xos.  288,  301. 


INDIANA.  131 

No.  294.— AN  ACT  to  grant  certain  lands  to  the  State  of  Indiana,  the  better  to  en-     March  3,  1845. 
able  the  said  State  to  extend  and  complete  the  Wabash  and  Erie  Canal  from  Terro     Yol  5<  p  731 
Haute  to  the  Ohio  River.  — 

Be  it  enacted,  <f  c.,  That  there  be,  and  hereby  is,  granted  to  the  State  of  JLt^dcafa'ailted 
Indiana,  for  the  purpose  of  aiding  said  State  in  extending  and  complet- 
ing the  Wabash  and  Erie  Canal  from  Terre  Haute,  in  the  county  of 
Vigo,  in  said  State,  to  the  Ohio  River,  at  Evansville,  in  said  State,  as 
the  course  thereof  has  been  established  and  surveyed  by  the  authority 
of  said  State,  one  moiety  of  the  public  lands,  (remaining  unsold,  and 
.not  otherwise  disposed  of,  encumbered  or  appropriated,)  in  a  strip  five 
miles  in  width  on  each  side  of  said  canal ;  to  be  selected  by  an  agent  or 
agents  to  be  appointed  by  the  governor  of  said  State,  subject  to  the  ap- 
proval of  the  Secretary  of  the  Treasury  of  the  United  States ;  reserving    Lands  reserved, 
to  the  United  States  each  alternate  section,  (or  other  proper  subdivision 
of  said  land,)  from  one  end  of  said  canal  to  the  other;  and  before  the 
selection,  to  be  made  as  aforesaid  by  such  agent  or  agents,  shall  be 
deemed  to  have  been  made  and  perfected,  a  chart  or  charts,  showing  the    Chart  of  the  ca- 
<jourses  and  distances  and  points  of  termination  of  said  canal,  shall  be  nal  to  be  reported 
reported,  or  caused  to  be  reported  by  the  governor  of  Indiana,  or  by  161 

some  person  or  persons  by  him  appointed  to  the  Commissioner  of  the 
General  Land  Office. 

SEC.  2.  And  be  it  further  enacted,  That,  for  the  purpose  hereinbefore 
mentioned,  there  be,  and  hereby  is,  granted  to  the  said  State,  in  addi-  trict. 
tion  to  the  grant  hereinbefore  provided  for,  one  moiety  of  all  the  other 
lands  in  the  Vincennes  land  district,  in  said  State,  and  which  remain, 
as  aforesaid,  unsold,  and  not  otherwise  disposed  of,  encumbered  or  ap- 
propriated, to  be  selected  under  the  authority  and  by  the  direction  of 
the  governor  of  said  State  :  Provided,  That,  in  the  selection  of  the  lands    Their  selection. 
by  this  section  provided  for,  no  lands  shall  be  comprehended  which,  in 
and  by  the  first  section  of  this  act,  are  (in  alternate  sections  or  other 
proper  subdivisions)  directed  to  be  reserved  as  aforesaid  ;  and  the  lands     Lan^8  selected 
so  selected  shall  be  reported,  or  caused  to  be  reported,  by  the  governor  to  be  reported  to 
of  said  State,  to  the  register  of  the  land  office  at  Vincennes,  before  such  the  register, 
selection  shall  be  deemed  to  be  made  and  completed. 

SEC.  3.  And  be  it  further  enacted,  That  all  the  lands,  by  the  first  and    Disposal  of  the 
second  sections  of  this  act  granted  as  aforesaid,  shall,  after  the  selec- Jands  granted  by 
tions  thereof  shall  have  been  made  and  completed  as  aforesaid,  be  sub-  sections  of^Ms 
ject  to  be  disposed  of  by  the  general  assembly  of  said  State,  for  the  act. 
purpose  aforesaid,  and  no  other ;  and  the  President  shall  direct  the  fur- 
ther sales  of  the  public  lands,  in  the  Vincennes  land  district  aforesaid,     sale  of  lands  in 
to  be  suspended  until  the  governor  of  said  State  shall  have  caused  the  Vincennes  d  i  s  - 
selections  aforesaid  to  be  made  and  perfected  as  aforesaid,  and  shall  trict  suspended, 
have  notified  the  Secretary  of  the  Treasury  thereof :  Provided,  That 
such  suspension  shall  not  continue  longer  than  twelve  months  from  and 
after  the  passing  of  this  act. 

SEC.  4.  And  be  it  further  enacted,  That  the  said  canal  when  completed,    Ynited 
shall  be  and  forever  remain  a  public  highway  for  the  use  of  the  Gov-  SoffftS 
•ernment  of  the  United  States,  free  from  any  toll  or  other  charge  what- 
ever, for  any  property  of  the  United  States,  or  persons  in  their  service, 
passing  through  or  along  the  same  ;  and  shall  be  completed  within  fif-    Ca,nf\  t10  A6 
teen  years  from  and  after  the  passing  of  this  act,  or  the  State  shall  be  teSyeaS.orland 
hoklen  to  pay  to  the  United  States  the  amount  of  the  price  or  prices  for  to  revert'  to  the 
which  any  and  all  of  said  land  which  may  have  been  disposed  of  by  United  States, 
said  State  may  have  sold ;  and  such  of  said  lands  as  may  not  have  been 
thus  disposed  of  shall,  from  and  after  said  fifteen  years,  if  said  canal 
should  not  then  have  been  completed,  revert  to  and  again  become  the    price     f    - 
property  of  the  United  States :  Provided  always,  That  it  shall  not  be  iand8  limited, 
competent  for  the  said  general  assembly  to  dispose  of  said  lands,  or  any 
of  them,  at  a  price  lower  than,  for  the  time  being,  shall  be  the  mini- 
mum price  of  other  public  lands,  (a) 

(a)  See  Nos.  239,  245,  254,  255,  272,  289,  291,  302. 


No.  295 .—AN  ACT  making  appropriations,  &c.  ¥a,rc]1 3>  l-l5' 

r  /~\ /v>  Vol.  5)  p«  70o» 

L  Office  of  survey  or- general  northwest  of  the  Ohio  removed  to  State- 

,  of  Michigan.    See  MICHIGAN,  No.  509.  ] 


132  INDIANA. 

August  3,  1846.  No.  296.— AX  ACT  to  grant  the  right  < 
Vol.  9,  p.  50.  acquired  by  treaty  from  the  Miami* Indians  in  Indiana 


August  3,  1846.  No.  296.— AX  ACT  to  grant  the  right  of  preemption  to  actual  settlers  on  the  lands 

'  Indu 


Pre-emption     Be  it  enacted,  #c.,  That  every  actual  settler,  being  the  Lead  of  a 
rights  on  the  Mi- family,  or   widow  or  single  man  over  the  age  of   twenty-one  years, 
ami      cessions,  who  j8  now  jn  possession,  by  actual  residence  as  a  housekeeper,  of 
x  any  tract  of  public  land  within  the  limits  of  the  several  cessions  by 
the  Miami  Indians  in  Indiana,  which  have  not  yet  been  proclaimed 
for  sale  by  the  President,  or  any    such  person  who  shall  hereafter 
settle,  erect  a  dwelling-house,  and  become  a  housekeeper  upon  any 
such  tract  of  land,  shall  be  entitled  to  the  same  benefits  and  privi- 
leges, with  respect  to  said  land,  as  was  granted  to  settlers  on  other 
lands  by  the  act  approved  twenty-second  of  June,  eighteen  hundred 
and  thirty-eight,  entitled  "An  Act  to  grant  preemption  rights,"  and 
the  several  amendatory  provisions  of  said  act,  effected  by  the  subse- 
quent acts  bearing  date  first  June,  eighteen  hundred  and  forty,  and 
Minimum  price-  third  March,  eighteen  hundred  and  forty-three :    Provided,  That  the 

minimum  price  per  acre  of  said  land  shall  be  two  dollars  per  acre. 

Claimant      to     SEC.  2.  And  be  it  further  enacted,  That,  in  every  case,  the  affidavit  of 

make  oath  as  pre- the  claimant  under  this  act  shall  be  like  unto  that  prescribed  by  the 

1838  **        act  of  twenty -second  June,  eighteen  hundred  and  thirty-eight,  and  the 

same  shall  be  filed,  and  proof  and  payment  made  for  the  land  claimed, 

at  any  time  before  the  day  fixed  by  the  President's  proclamation  for  the 

public  sale  of  the  said  land :  Provided,  That  where  a  tract  of  land  is 

now  settled  upon,  a  settlement  made  on  such  tract  subsequent  to  the 

date  of  this  law  shall  confer  no  right  on  the  last-mentioned  settler; 

and  where  settlements  shall  hereafter  be  made,  the  right  shall  be  in  the 

to   have  ^refe?-^*  8ettler>  who  shaU  otherwise  comply  with  the  conditions  of  this 

ence.  ^aw-  (a) 

(a)  See  No.  303. 

A  no       R  i«4fi    No>  297.— AX  ACT  to  attach  to  the  Fort  Wayne  land  district  certain  tracts  of 
VoT9  p  75  !£n£:1Pngwithin  the  Umite  of  that  District  which  are  not  now  attached  to  any 


district. 


Certain  lands  Se  it  enacted,  fc.,  That  all  the  lands  in  the  State  of  Indiana  which  lie 
attached  to  Fort  north  of  the  township  line  dividing  townships  twenty- three  and  twentv- 
dis-  four,  and  east  of  the  range  line  dividing  ranges  four  and -five  east,  which 
*•  lie  south  of  the  Wabash  River,  be,  and  the  same  are  hereby,  attached 
to  the  Fort  Wayne  land  district ;  and  all  that  tract  of  land  which  lies 
north  of  the  township  line  dividing  townships  twenty-three  and  twenty- 
four,  and  west  of  the  range  line  dividing  ranges  four  and  five  east,  and 
east  of  the  east  line  of  the  Crawfordsville  land  district,  be  attached  to 
and  shall  form  a  part  of  the  Winnemac  land  district ;  and  all  the  lands 
lying  south  of  the  said  township  line,  dividing  the  said  townships 
twenty- three  and  twenty -four,  which  were  heretofore  within  the  limits 
of  the  Fort  Wayne  land  district,  including  the  portions  of  the  late 
Miami  cessions  south  of  said  line,  be,  and  the  same  are,  attached  to  the 
Indianapolis  land  district ;  and  all  lands  lying  within  any  of  the  afore- 
said land  districts,  which  may  not  have  been  offered  for  sale,  shall 
hereafter  constitute  a  part  of  the  land  district  in  which  they  respec- 
tively lie.  (a) 

(a)  See  Xos.  196,  205,  207,  231,  237,  238,  247,  256,  265,  310,  312,  314,  316. 


Jan  26  1847  No.  298.— AX  ACT  declaring  the  assent  of  Congress  to  certain  States  to  impose  a 
Vol.'  9,  p.  lie'.  tax  upon  all  lands  hereafter  sold  by  the  United  States  therein,  from  and  after  the 
'. — ! — '- '. —  day  of  such  sale. 


[See  OHIO,  No.  169.] 


March  3  1847  No.  299.— AX  ACT  relinquishing  to  the  city  of  Madison,  in  the  State  of  Indiana 
Vol.  9  p.  691.  all  the  right  and  title  of  the  United  States  to  a  certain  strip  of  unsurveyed  land 
lying  within  the  limits  of  said  city,  and  bordering  on  the  Ohio  River. 


Boundaries   of     Be  it  enacted,  $c.,  That  all  the  right,  title,  and  interest  of  the  United 
a  tract  of   land  states  in  and  to  all  that  unsurveyed  strip  or  parcel  of  land  lying  and 
quilbed   to   t£o  being  in  the  county  of  Jefferson,  and  State  of  Indiana, .bounded  as  fol- 
city  of  Madison,  lows,  viz.:  Beginning  at  the  southeast  corner  of  fractional  section  num- 
ber one ;  thence  westwardly,  along  the  south  line  of  fractional  sections 


INDIANA. 


133 


one,  two,  and  three,  all  in  township  "  three  "  north,  of  range  "  ten  " 
east,  until  said  line  strikes  the  southwest  corner  of  said  fractional  sec- 
tion numbered  "three;"  thence  from  the  corner  last  mentioned,  due 
south,  to  low-  water  mark  on  the  Ohio  River;  thence  eastwardly,  up 
and  following  the  meanderings  of  the  river  at  low-water  mark,  to  a 
point  directly  opposite  the  southeast  corner  of  said  fractional  section 
numbered  one  ;  thence  north,  from  the  point  last  aforesaid,  to  the  place 
of  beginning  of  the  lands,  lying  and  being  in  the  Jeffersonville  land 
district,  be,  and  the  same  is  hereby  vested  in  the  city  of  Madison,  for 
the  sole  use  and  benefit  of  said  city. 


No.  300.— AN  ACT  for  the  relief  of  the  widow  and  heirs  of  John  B.  Chaudonia.        March  3,  1847. 

Be  it  enacted,  #c.,  That  Mary  L.  Chaudonia,  for  and  in  consideration : —    '    L_ 

of  services  rendered  by  her  husband,  John  B.  Chaudonia,  to  the  United    Widow  of  John 
States,  during  the  late  war,  be,  and  she  is  hereby,  authorized  to  en|er,  ^^e^to^ter 
in  any  land  office  in  the  State  of  Indiana,  without  paying  money  there-  a  half-section  of 
for,  any  unappropriated  half-section  of  public  land  liable  to  entry  at  land, 
private  sale;  for  which  she  shall  be  entitled  to,  and  shall  receive,  a    Patentto  issue, 
patent  from  the  United  States  vesting  the  title  thereof,  in  fee-simple, 
in  her  and  her  heirs. 

SEC.  2.  And  be  it  further  enacted,  That  Charles  B.  Chaudonia  and  Mary    Children    and 
L.  Breset,  children  and  heirs  of  John  B.  Chaudonia,  deceased,  for  and  in  heirs  of  John  B. 
consideration  of  services  rendered  by  their  father  to  the  United  States  thS?e°d  to  enter 
during  the  late  war,  be,  and  they  are  hereby,  authorized  to  enter,  in  each   a  quarter- 
any  land  office  in  the  State  of  Indiana,  without  paying  money  therefor,  section  of  land, 
each  for  themselves,  one  quarter-section  of  any  unappropriated  public 
lands  liable  to  entry  at  private  sale ;  for  which  they  shall  be  entitled  to,     Patents  to  is- 
and  shall  receive,  a  patent  from  the  United  States  vesting  the  titles  sue. 
thereof,  in  fee-simple,  in  them  and  their  heirs. 


, 

aci 


March  3, 1847. 
Vol.  9,  p.  706. 

Preamble. 


No.  301  .—AN  ACT  for  the  relief  of  the  heirs  of  Hyacinth  Lasselle. 

Whereas,  by  an  act  of  the  Congress  of  the  United  States,  entitled  "An 
act  for  the  relief  of  Hyacinth  Lasselle,"  approved  the  twenty-first  day 
of  July,  in  the  year  eighteen  hundred  and  forty,  the  said  Hyacinth  Las- 
selle was  authorized  to  locate  five  hundred  and  sixty  acres  of  land  at 
any  land  office  in  the  State  of  Indiana,  at  any  time  prior  to  the  fourth 
day  of  March,  in  the  year  eighteen  hundred  and  forty-three,  by  paying 
the  minimum  price  fixed'  for  such  lands,  for  eighteen  acres  and  forty- 
six  hundredths  of  an  acre,  part  and  parcel  of  said  tract  of  five  hundred 
and  sixty  acres :  and  whereas,  also,  the  said  Hyacinth  Lasselle  has  de- 
ceased without  perfecting  the  location  of  said  land :  Therefore 

Be  it  enacted,  $-c.,  That  it  shall  be  lawful  for  the  heirs  of  the  said  Las-  Hyacinth  Las- 
selle to  locate  the  said  tract  of  land  in  said  act  contemplated,  at  any  selle  authorized 
time  prior  to  the  fourth  day  of  March,  eighteen  hundred  and  forty-nine.  J°. 


vided  :  Provided,  That  no  tract  of  land  shall  be  selected,  in  virtue  of  Proviso. 
this  act,  upon  which  there  may  be  improvements  made,  without  the  con- 
sent of  such  person  or  persons  who  have  made  such  improvements  first 
obtained  in  writing,  and  filed  with  the  proper  land  officers  where  the 
location  may  be  made,  (a) 

(a)  See  Nos.  288,  293. 


No.  302.—  AN  ACT  in  addition  to  an  act  therein  mentioned. 


Yo*'  9)  p-  219> 


Hi 


Whereas,  by  a  certain  act  approved  March  second,  eighteen  hundred 
and  twenty-seven,  there  was  granted  to  the  State  of  Indiana,  to  aid  in  Preamble. 
constructing  the  Wabash  and  Erie  Canal,  "  a  quantity  of  land  equal  to 
one-half  of  five  sections  wide  on  each  side  of  said  canal  ;  "  and  whereas, 
by  an  act  approved  February  twenty-seventh,  eighteen  hundred  and 
forty-  one,  there  was  confirmed  to  said  State  the  lands  selected  under 
said  grant  for  that  part  of  said  canal,  between  the  mouth  of  Tippecanoe 

'ver  and  Terre  Haute,  and  license  was  given  to  said  State  to  select 


134 


INDIANA. 


other  lands  subject  to  private  entry,  or  such  part  of  said  selection  as 
was  holden  against  the  State  by  the  legal  incumbrance  or  title  of  others, 
which  last  selections  have  never  been  made  and  completed  :  Therefore, 
Grant  of  lands  Beit  enacted,  #c.,  That  the  State  of  Indiana  be,  and  is  hereby,  author- 
ized  to  select  out  of  any  of  the  public  land  in  said  State  subject  to  pri- 
vate entry,  a  quantity  of  land  which,  together  with  the  land  already 
received  and  holden  by  said  State  for  the  construction  of  the  said 
Wabash  and  Erie  Canal,  will  make  the  full  amount  equal  to  one-half  of 
five  sections  in  width  on  each  side  of  said  canal  :  Provided,  nevertheless, 
That  no  selection  shall  be  made  of  any  land  but  such  as  was  subject  to 
private  entry  on  the  first  day  of  April,  anno  Domini  one  thousand  eight 
hundred  and  forty-eight,  (a) 

(a)  See  Nos.  239,  245,  254,  255,  «72,  289,  291,  294. 


to  Indiana. 


selected06 


Aug.  7, 1848.      No.  303.— AN  ACT  for  the  relief  of  those  preemption  claimants  upon  the  Miami 
VoL9,  p.  275.         lands  in  Indiana,  who,  by  their  services  in  the  Mexican  war,  are  entitled  to  bounty 
land. 

P  r  e  -  e  m  ption     Be  it  enacted,  $c.,  That  those  persons  who  are  entitled  to  bounty-land 
claimants  up  on  warrants  for  one  hundred  and  sixty  acres  in  virtue  of  their  own  services 
in  Indiana  eUt£  during  *ne  Present  war  with  Mexico,  and  who  may  likewise  be  entitled 
tied    to   bounty  to  tne  right  of  preemption  upon  the  Miami  lands  in  Indiana,  under  the 
lands  may  apply  act  of  the  third  of  August,  eighteen  hundred  and  forty-six,  shall  have 
IT  warrants  in  the  privilege  of  applying  their  warrants  in  payment  or  part  payment 
for  the  tract  to  which  they  may  establish  their  right  of  preemption  ; 
said  warrant  to  be  estimated,  when  received  as  aforesaid,  at  the  sum  of 
one  dollar  and  twenty-five  cents  for  each  acre  therein  contained :  Pro- 
Proviso,  vided,  That  in  no  case  shall  the  Government  be  required  to  refund  any 
excess  of  the  estimated  amount  of  said  warrants,  over  and  above  the 
price  of  the  tract  claimed  to  be  entered ;  and  should  the  tract  claimed 
to  be  entered  as  aforesaid  exceed,  at  the  rate  fixed  by  law,  the  said  sum,     | 
then  and  in  such  case  the  balance  of  the  purchase  money  of  said  tract 
shall  be  paid  in  cash,  (a) 

(a)  See  No.  296. 


Aug.  30, 1850. 
VoL  9,  p.  801. 

Preamble. 


No.  304.— AN  ACT  for  the  relief  of  Al-lo-lah  and  his  legal  representatives  and  their 

grantees. 


Whereas,  in  the  survey  and  location  of  the  section  of  land  granted 
to  "  Al-lo-lah,"  by  the  twelfth  article  of  the  treaty  concluded  at  the 
Forks  of  the  Wabash,  Indiana,  on  the  sixth  November,  A.  D.  eighteen 
hundred  and  thirty-eight,  and  ratified  February  eighth,  eighteen  hun- 
dred and  thirty-nine,  between  the  United  States  and  the  Miami  tribe  of 
Indians,  a  mistake  was  made,  whereby  the  same  was  located  below  and 
adjoining  the  section  granted  to  Mais-shir-goim  Mi-yah,  and  on  the 
same  creek,  and  not  above,  as  required  by  the  provisions  of  said  treaty ; 
and  whereas,  since  the  erroneous  location  of  said  reserve,  the  section 
described  in  said  treaty  has  been  sold  and  conveyed  to  bona-fide  pur- 
chasers by  the  United  States ;  and  whereas,  since  the  death  of  said  Al- 
lo-lah,  his  legal  heirs  have  sold  and  conveyed  their  interest  in  said  reser- 
vation to  Cot-te-se-pawu  and  his  heirs — 

The  title  to  cer-     ^e  ^  enacted,  #c.,  That  the  title  of  the  lawful  heirs  of  Cot-te-se-pawn 
tain  land  to  be  in  and  to  the  reserve  situate  in  township  twenty-seven,  nortn  of  range 
as  perfect  to  the  seven  east  of  the  second  principal  meridian,  Indiana,  surveyed  and 
heirs  of  Cot-te-se-  designated  as  survey  number  twenty-one,  containing  six  hundred  and 
to  Ai-io-  forty  acres,  according  to  the  map  of  Indian  grants  certified  by  the  sur- 
veyor-general on  the  second  of  September,  A.  D.  eighteen  hundred  and 
forty,  be  confirmed  as  fully  and  effectually  as  if  the  same  had  been  orig- 
inally reserved  to  Al-lo-lah  by  the  treaty  above  recited ;  and  that  upon 
Patent  to  issue,  the  surrender  of  the  patent  heretofore  issued  to  the  said  Al-lo-lah, 
another  patent  be  issued  therefore  to  Cot-te-se-pawn  and  to  his  heirs  t 
Proviso.  Provided,  however,  That  the  said  land  remain  subject  to  such  contracts 

and  liabilities  as  may  have  lawfully  accrued  against  and  upon  the  same 
during  the  life-time  of  the  said  Cot-te-se-pawn. 


INDIANA.  135 

No.  305.— AN  ACT  to  supply  a  deficiency  to  the  State  of  Indiana  in  a  township  of  jujy  ]2)  1852. 

land  granted  to  said  State  for  the  use  of  a  State  university,  by  an  act  of  Congress  yof  10)  p  14 
approved  nineteenth  of  April,  eighteen  hundred  and  sixteen. 


Be  it  enacted.  &c.,  That  there  be  supplied  to  the  State  of  Indiana,  for    Grant  of  land 
the  sole  and  exclusive  use  of  the  State  university,  an  equal  number  of  to  Indiana  for  a 
acres  of  land  found  to  be  deficient  in  the  original  grant,  and  which  has  un 
been  otherwise  appropriated  by  Congress,  amounting  to  four  thousand 
one  hundred  and  sixty-six  acres,  and  that  said  lands  be  selected,  under 
the  direction  of  the  governor  of  the  State,  from  any  lands  now  in  market 
in  said  State  belonging  to  the  United  States,  the  proceeds  of  which 
"  be  appropriated  solely  to  the  use  of  said  State  university,  and 
never  be  diverted  to  any  other  purpose  whatever,  (a) 

(a)  See  Nos.  196,  215,  217,  307. 

No.  306.— AN  ACT  to  enable  the  legislature  of  the  State  of  Indiana  to  dispose  of     T^    12  1852 
the  unsold  saline  lands  in  said  State.  VoL  10,  p.  15. 

Be  it  enacted  #c.,  That  so  much  of  the  act  of  Congress  entitled  "  An    Part  of  act  Of 
act  to  authorize  the  legislature  of  the  State  of  Indiana  to  sell  and  con- 1332  repealed. 
vey  certain  lands  granted  to  said  State  for  the  use  of  the  people  there- 
of," approved  July  third,  eighteen  hundred  and  thirty-two,  as  provides 
that  said  lands  shall  not  be  sold  for  a  less  price  than  [that]  at  which 
the  public  lands  are  sold,  be,  and  the  same  is,  hereby  repealed,  (a) 

(a)  See  No.  261. 


No.  307.— AN  ACT  to  indemnify  the  State  of  Indiana  for  the  failure  of  title  to  a     Feb.  23, 1854. 
township  of  land  granted  to  said  State  on  her  admission  into  the  Union  in  eighteen     Vol.  10,  p.  267. 
hundred  and  sixteen.  


Whereas  by  a  decision  of  the  Supreme  Court  of  the  United  States,  'Preamble, 
made  January  twenty-fifth,  eighteen  hundred  and  fifty- three,  the  State 
of  Indiana  has  lost  one  out  of  the  two  townships  of  land  granted  to  her 
for  the  use  of  a  State  University  by  act  of  April  sixteenth  [nineteenth] 
eighteen  hundred  and  sixteen,  and  has  become  liable  to  refund  to  a  pri- 
vate corporation  the  proceeds  of  said  township  heretofore  appropriated 
to  the  support  of  the  State  university  of  Indiana — for  remedy  thereof : 

Be  it  enacted,  Ac.,  That  the  governor  of  the  State  of  Indiana  be  au-     19-040  ac.re,8  °f 
thorized  to  select  out  of  lands  of  the  United  States,  within  the  said  ^iagfor    a 
State,  now  subject  to  private  entry,  nineteen  thousand  and  forty  acres  university. 
of  land  in  legal  subdivisions,  and  shall  certify  the  same  to  the  Secretary 
of  the  Interior,  who  shall,  forthwith,  on  receipt  of  said  certificate,  issue, 
to  the  State  of  Indiana,  patents  for  said  lands :  Provided  The  proceeds 
of  said  lands,  when  sold,  shall  be,  and  forever  remain,  a  fund  for  the 
use  of  the  Indiana  University,  (a) 


. 


(a)  See  Nos.  196,  215,  217,  305. 


o.  308.— AN  ACT  to  ascertain  and  adjust  the  titles  to  certain  lands  in  the  State  of     ju]y  27  1854 

Indiana.  Vol.  10,' p.  313. 

Be  it  enacted,  <^c.,  That  the  register  and  receiver  of  the  land  office  at     c  o  m  m  i s  sion 
Vincennes,  together  with  a  fit  and  proper  person,  learned  in  the  law,  constituted;  com- 
and  a  citizen  of  Indiana,  to  be  appointed  by  the  President  of  the  United  missioners. 
States,  are  hereby  constituted  commissioners  to  ascertain  and  adjust  the 
title  of  any  claimant  to  any  tract  of  land,  or  any  part  or  subdivision    Extent  of  the 
thereof,  granted  by  the  resolve  of  Congress  of  the  twenty-ninth  of  claims  to  be  ex- 
August,  seventeen  hundred  and  eighty-eight,  and  the  act  of  the  third  ammed- 
of  March,  seventeen  hundred  and  ninety-one,  entitled  "An  act  for  grant- 
ing lands  to  the  inhabitants  and  settlers  at  Vincennes,  and  the  Illinois 
country  in  the  territory  northwest  of  the  Ohio,  and  for  confirming  them 
in  their  possessions,"  and  the  several  acts  in  aid  of,  and  supplementary 
thereto,  (a) 

SEC.  2.  And  ~be  it  further  enacted,  That  every  such  claimant  to  any  tract     Claimants     to 
of  land  so  granted,  or  any  part  or  subdivision  thereof,  shall,  within  six  present     th 
months  after  the  publication  of  the  notice  hereinafter  provided  for,  fileg^SnT 
his  claim  in  writing,  with  the  said  register,  in  which  he  shall  specific-     specification, 
ally  set  forth  such  facts  as  shall  be  required  in  the  instructions  of  the 
Commissioner  of  the  General  Land  Office. 


136  INDIANA. 

Notice  of  read-     SEC.  3.  And  be  it  further  enacted,  That  such  register,  upon  the  receipt 

iness  to  receive  of  such  instructions,  shall  give  notice  by  publication  in  some  newspaper 

claims  to  be  pub-  of  general  circulation  in  the  vicinity  of  the  said  lands  of  his  readiness 

'8'  to  receive  applications  of  claimants,  to  which  notice  shall  be  attached 

the  instructions  of  the  said  commissioner. 

Proceedings  of  SEC.  4.  And  be  it  further  enacted,  That  such  commissioners  shall  meet 
the  commission-  immediately  after  the  time  allowed  for  filing  such  claims,  and  shall  hold 
lowers  andtheir  sessions  at  the  town  of  Vincennes.  They  shall  have  power  to 
duties.  compel  the  attendance  of  witnesses,  administer  all  necessary  oaths,  and 

to  hear  and  decide  in  a  summary  manner  all  matters  respecting  such 
claims.  Minutes  of  the  proceedings,  decisions,  meetings,  and  adjourn- 
ments of  the  said  board,  shall  be  regularly  entered  by  the  register  in  a 
book  kept  for  that  purpose,  together  with  the  evidence  adduced  in  each 
particular  case,  upon  which  their  decisions  have  been  made. 

What  titles  to  SEC.  5.  And  be  it  further  enacted,  That  every  claimant  to  any  tract  of 
be  confirmed.  land  so  granted,  or  any  part,  or  subdivision  ^thereof,  who  can  produce 
to  such  commissioners^  regular  chain  of  title  from  the  original  con- 
firmee to  himself,  or  who  can  show  to  their  satisfaction  a  continuous 
and  connected  possession  in  himself  and  those  under  whom  he  claims, 
for  a  period  of  twenty  years  or  more,  next  preceding  the  filing  of  his 
claim,  or  can  show  such  a  claim  or  title  as  would,  in  the  courts  of 
Indiana,  bar  an  action  of  ejectment,  such  claimant  shall  be  confirmed 
in  his  title. 

Transcript    of      SEC.  6.  And  be  it  further  enacted,  That  the  said  commissioners  shall,  on 
the  decisions  to  or  before  the  first  day  of  September   eighteen  hundred  and  fifty-five, 
Comnffioner  of  tran8mit  to  the  Commissioner  of  the  General  Land  Office  a  transcript 
General     L an d  of  their  decisions  in  favor  of  claimants,  which  shall  contain  a  fair  state- 
Office,  ment  of  the  evidence  on  which  each  respective  claim  is  founded ;  and 
also  a  transcript  of  their  decisions  against  claimants,  with  a  like  state- 
ment of  the  evidence  and  the  reason  of  such  rejection. 

Wh  .          SEC.  7.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gene- 

to  issue!  ral  Land  Office,  upon  the  receipt  of  such  transcript,  shall  issue  a  patent 

to  each  claimant  so  confirmed  in  his  title  by  the  said  commissioners; 
and  where  any  such  claims  have  been  rejected  the  said  Commissioner, 
upon  application  of  the  proper  person,  shall  have  power  to  revise  such 
decision  of  the  said  board,  and  may,  if  in  his  opinion  the  evidence  war- 
rants it,  reverse  such  decision,  and  issue  a  patent  therefor  to  such 
claimant :  Provided,  That  this  right  to  revise  shall  not  extend  to  those 
claims  rejected,  where  the  same  lands  have  been  confirmed  by  the  said 
board  to  some  other  claimant:  And  provided  further,  That  the  patents 
Further     pro-  8O  issued  shall  only  be  a  relinquishment  of  the'title  of  the  United  States, 
V1Effect  of    the  and  sba11  not  be  construed  into  an  abridgment  of  the  rights  of  third 
patent.  persons. 

Compensation     SEC.  8.  And  be  it  further  enacted,  That  the  commissioner  appointed  by 

of  the    commis-  the  President,  shall  receive  a  compensation  of  eight  dollars  per  day,  for 

sioners.  each  and  every  day  he  may  be  engaged  in  the  discharge  of  the  duties 

imposed  by  this  act,  and  the  register  and  receiver  shall  receive  such 

;ompensation  for  their  services,  as  may  be  just  and  proper  in  the  dis- 

retion  of  the  Commissioner  of  the  General  Land  Office. 

Who  prescribes  SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Corn- 
rules  to  enforce  missioner  of  the  General  Land  Office  to  prescribe  such  rules  and  regu- 
this  act.  lations  as  may  be  necessary  to  give  full  effect  to  the  provisions  of  this 

act. 

(a)  See  Kos.  191,  192,  196,  197,  199,  200,  205,  210,  211,  214,  312,  313,  321. 


Julv  27  1854          ^°*  309.— AX  ACT  for  the  relief  of  Sylvester  T.  Jerauld,  assignee  of  the  interest 
Vol.  10,  p.  801.  of  Henry  Richard. 

Be  it  enacted,  #c.s  That  the  location  numbered  one  hundred  and  eigh- 
The  location  of  teen,  containing  four  hundred  acres,  in  township  one  south,  of  range  ten 
Ind^na  confirm1  west  °^  *ke  second  meridian,  Indiana,  which  has  been  made  in  favor  of 
ed  to  Sylvester  Nathaniel  Ewing  as  assignee  of  the  claim  number  fourteen  hundred 
T.    Jerauld,   as-  and  ninety-nine,  entered  in  favor  of  the  heirs  of  H.  Richard  in  the  re- 
signee     of     H.  port  dated  thirty- first  December,  eighteen  hundred  and  nine,  of  the 
commissioners  at  Kaskaskia,  Illinois,  be,  and  the  same  is  hereby,  con- 
firmed, and  the  President  of  the  United  States  is  hereby  authorized, 
upon  the  production  of  the  General  Land  Office  of  a  patent  certificate 
When    patent  from  the  register  at  Viucenues,  Indiana,  for  said  claim,  to  cause  a  pat- 
to  issue.  ent  to  be  issued  therefor  to  the  said  Sylvester  T.  Jerauld  as  assignee  of 


INDIANA.  137 

the  interest  of  the  original  claimant :  Provided,  That  this  act,  and  the     Proviso, 
patent  which  may  be  granted  in  pursuance  of  the  same,  shall  only 
operate  as  a  relinquishment  on  the  part  of  the  United  States  and  shall 
in  no  way  prejudice  any  valid  adverse  right  if  such  exist,  to  the  said 
land. 

No.  310.— AIST  ACT  to  continue,  temporarily,  the  offices  of  register  and  receiver  at     j>et,.  13  1355. 

Vincennes.  Vol.  10,  p.  607. 

Be  it  enacted,  #c.,  That  the  offices  of  register  and  receiver  shall  be       ffl  . 

continued  at  Vincenues,  Indiana,  until  after  a  final  report  shall  have  ter  and  recei^ei! 
been  made  by  the  commissioners  pursuant  to  the  act  of  Congress,  ap- at  Vincennes  con- 
proved  July  twenty- seventh,  eighteen  hundred  and  fifty-four,  entitled  tinued. 
"An  act  to  ascertain  and  adjust  the  titles  to  certain  lands  in  the  State 
of  Indiana,"  and  the  act  of  Congress  approved  twelfth  June,  eighteen 
hundred  and  forty,  for  the  discontinuance  of  land  offices,  under  certain 
circumstances,  shall  not  apply  to  the  offices  at  Vincennes,  until  the  serv- 
ices required  by  the  aforesaid  act  of   twenty-seventh  July,  eighteen 
hundred  and    fifty-four,  of  the  commissioners,  shall  have  been  folly 
performed,  (a) 

(a)  See  Nos.  196,  205,  207, 231,  237, 238,  247,  256,  265,  297,  312,  314,  316. 


No.  311.— A^  ACT  to  transfer  certain  rights  and  duties  conferred  upon  the  trus-  June  2,  1856. 
tees  of  the  town  of  Vincennes,  Indiana,  to  the  common  council  of  the  city  of  Vin-  Vol.  11,  p.  17. 
cennes.  


Be  it  enacted,  #c.,  That  all  the  rights  and  duties  conferred  upon  the    Rights    and 
trustees  of  the  town  of  Vincennes,  in  the  State  of  Indiana,  under  the  act  duties    transfer- 
entitled  "  An  act  to  adjust  the  claims  to  lots  in  the  town  of  Vincennes, red  to    common 
and  for  the  sale  of  the  land  appropriated  as  a  common  for  the  use  of  the  £ennes    C 
inhabitants  of  the  said  town,"  approved  the  twentieth  day  of  April, 
eighteen  hundred  and  eighteen,  be,  and  the  same  are  hereby,  transferred 
to  and  vested  in  the  common  council  of  the  city  of  Vincennes,  in  said 
State,  (a) 

(a)SeeNos.  191,  227. 


No.  31 2.— A~N  ACT  to  continue  the  land  offices  at  Vincennes,  Indiana,  and  to  ascer-     Aug.  18, 1856. 
tain  and  adjust  the  titles  to  certain  lands  in  the  States  of  Indiana  and  Illinois,  for-     Vol.  11,  p.  140. 
merly  included  within  the  Vincennes  land  district.  


Be  it  enacted,  <f  c.,  That  the  register  and  receiver  of  the  land  offices  at    Commissioners 
Vincennes,  to  be  appointed,  together  with  a  fit  and  proper  person  learned  on  certain  land 
in  the  law,  and  a  citizen  of  Indiana,  to  be  appointed  by  the  President  of  claims  in  Indiana 
the  United  States,  are  hereby  constituted  commissioners  to  ascertain  and  an 
adjust  the  title  of  any  claimant  to  any  tract  of  land,  or  any  part  or  sub- 
division thereof,  granted  by  the  resolution  of  Congress  of  the  twenty- 
ninth  of  August,  seventeen  hundred  and  ninety-one,  entitled  "  An  act 
for  granting  lands  to  the  inhabitants  and  settlers  at  Vincennes,  and  the 
Illinois  country,  in  the  territory  north  west  of  the  Ohio,  and  for  confirm- 
ing them  in  their  possessions,"  and  the  several  acts  in  aid  of  and  supple- 
mentary thereto,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  every  such  claimant  to  any  tract     Claims  to    be 
of  land  so  granted,  or  any  part  or  subdivision  thereof,  shall,  within  three  filed  in    three 
months  after  the  publication  of  the  notice  herein  provided  for,  file  his  months, 
claim  in  writing  with  the  said  register,  in  which  he  shall  specifically 
set  forth  such  facts  as  shall  be  required  in  the  instructions  of  the  Com- 
missioner of  the  General  Land  Office :    Provided,  That  in  any  case  in    proviso. 
which  good  cause  may  be  shown  why  the  claim  was  not  filed  within  the 
period  stipulated,  such  claim  may  be  presented  and  acted  upon  at  any 
time  before  the  expiration  of  the  commission. 

SEC.  3.  And  be  it  further  enacted,  That  such  register,  upon  the  receipt     Notice  to  file 
of  such  instructions,  shall  give  notice  in  the  several  newspapers  of  gen- claim, 
eral  circulation  within  said  district  and  in  the  vicinity  of  said  lands,  by 
publication,  of  his  readiness  to  receive  applications  of  claimants,  to 
which  notice  shall  be  appended  the  instructions  of  the  Commissioner 
and  a  copy  of  this  act. 


138  INDIANA. 

Meeting   of     SEC<  4.  And  be  it  further  enacted,  That  said  commissioners  shall  meet 
commissioners,     immediately  after  the  time  allowed  for  filing  such  claims,  and  shall  hold 
their  sessions  at  the  town  of  Vincennes.    They  shall  have  power  to  issue 
Their  powers,   subpoenas,  and  compel  the  attendance  of  witnesses,  administer  all  nec- 
essary oaths,  and  to  hear  and  decide,  in  a  summary  manner,  all  matters 
respecting  such  claims.  Minutes  of  the  proceedings,  decisions,  meetings, 
and  adjournments  of  the  board,  shall  be  regularly  entered  in  a  book 
kept  for  that  purpose. 

What  claims  SEC.  5.  And  be  it  further  enacted,  That  every  claimant  to  any  tract  of 
m"  land  so  granted,  or  any  subdivision  thereof,  who  can  produce  to  such  com- 
missioner a  regular  chain  of  title  from  the  original  confirmee  or  donee 
to  himself,  or  who  can  show  to  their  satisfaction  a  continuous  and  con- 
nected possession  in  himself,  and  those  under  whom  he  claims,  for  a 
period  of  twenty  years  or  more  next  preceding  the  filing  of  his  claim,  or 
can  show  such  a  claim  or  title  as  would,  in  the  courts  of  Indiana,  bar  an 
action  of  ejectment,  such  claimant  shall  be  confirmed  in  his  title. 
Transcript  of  SEC.  6.  And  be  it  further  enacted,  That  said  commissioners  shall,  in  one 
year  from  the  date  of  organizing  said  commission  under  this  act,  or 
sooner,  if  the  cases  on  their  docket  are  all  disposed  of,  transmit  to  the 
Commissioner  of  the  General  Land  Office  a  transcript  of  their  decisions 
in  favor  of  claimants,  which  shall  contain  a  fair  statement  of  the  evi- 
dence on  which  each  respective  claim  is  founded  ;  and  also  a  transcript 
of  their  decisions  against  claimants,  with  a  like  statement  of  the  evi- 
dence, and  the  reason  of  such  rejection. 

Patent  to  issue      SEC.  7.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen- 
is  confirmed        eral  Land  Office,  upon  the  receipt  of  such  transcript  of  their  decisions, 
shall  issue  a  patent  to  such  claimant  so  confirmed  in  his  title  by  the 
p     •„  1    *  ,«. 8a^  commissioners  ;  and  where  any  such  claims  have  been  rejected,  the 
lection^  6SL^  Commissioner,  upon  application  of  the  proper  person,  shall  have 

power  to  revise  such  decision  of  the  said  board,  and  may,  if  iu  his 
opinion  the  evidence  warrants  it,  reverse  such  decision,  and  issue  a  patent 
Provisos.          therefor  to  such  claimant :  Provided,  That  this  right  to  revise  shall  not 
extend  to  those  claims  rejected,  where  the  same  lands  have  been  con- 
firmed by  the  said  board  to  some  other  claimant :  And  provided  further, 
Patents  to  be  That  the  patents  so  issued  shall  only  be  a  relinquishment  of  the  title  of 
m^nt^tdtie11811  the  United  States,  and  shall  not  be  considered  or  construed  into  an 

abridgment  of  the  rights  of  third  persons. 

Certain  books,      SEC.  6.  And  be  it  further  enacted,  That  immediately  after  the  passage  of 
&c.,  to  be  trans-  this  act,  the  Commissioner  of  the  General  Land  Office  shall  give  direc- 
m-t  •  nera   C°m" tions  to  the  register  and  receiver  of  the  land  offices  at  Indianapolis 
forthwith  to  transfer  to  the  land  offices  at  Vincennes  the  books,  docu- 
ments, maps,  plats,  surveys,  and  all  other  papers  and  writings  deposited 
in  the  land  offices  at  Indianapolis  by  the  register  and  receiver  of  the 
land  offices  at  Vincennes,  and  which  originally  were  deposited  in  the 
Land  offices  at  land  offices  at  Vincennes,  and  were  transferred  from  said  offices  to  the 
Vincennes  re-es-  land  offices  at  Indianapolis,  under  the  provisions  of  the  act  "  for  abol- 
tablished.  ishing  land  offices  under  certain  circumstances,  and  for  other  purposes," 

approved  June  the  twelfth,  eighteen  hundred  and  forty;  and  the  said 
land  offices  at  Vincennes  are  hereby  reestablished  and  reorganized,  as 
fully  and  effectually  for  the  transaction  of  business  and  the  sales 
of  the  public  lands  within  said  Vincennes  land  district,  as  if  said  land 
offices  had  not  been  abolished  by  the  provisions  of  the  act  last  afore- 
said. (&) 

Payofcommis-  SEC.  9.  And  be  it  further  enacted,  That  the  commissioner,  appointed 
Bioner.  under  this  act  by  the  President,  shall  receive  as  a  full  compensation 

for  his  services,  a  salary  at  the  rate  of  three  thousand  dollars  per  an- 
num, payable  quarterly  out  of  the  Treasury ;  and  the  register  and  re- 
Pav  of  register  ceiver  shall  receive  such  compensation  for  their  services  under  this 
and  receiver.        act  as  may  be  just  and  proper,  in  the  discretion  of  the  Commissioner  of 

the  General  Land  Office. 

Rules  and  reg-  SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
tilations  to  be  el-  Commissioner  of  the  General  Land  Office,  to  prescribe  such  rules  and 
tablished.  regulations  as  may  be  necessary  to  give  full  effect  to  the  provisions  of 

this  act. 

(a)  See  Xos.  191,  192,  196,  197,  199,  200,  205,  210,  211,  214,  308,  313,  321. 
(6)  See  Xos.  196,  20?  207,  231,  237,  238,  247,  256,  265,  297,  310,  314,  316. 


INDIANA.  139 

No.  313.— A  RESOLUTION  to  return  to  the  land  office  at  Vincennes,  Indiana,  cer-     March  3,  1857. 

tain  deeds  transmitted  to  the  General  Land  Office  by  the  board  of  commissioners     Vol.  11,  p.  256. 

appointed  under  the  "Act  to  ascertain  and  adjust  the  titles  to  certain  lands  in  the 

State  of  Indiana,"  approved  July  twenty-seventh,  one  thousand  eight  hundred 

and  fifty-four.  t 

Resolved,  #c.,  That  in  all  cases  where  the  deed  and  evidences  of  titles    Deeds  and L  evi- 
have  been  transmitted  to  the  Commissioner  of  the  General  Land  Office  "0  be  returned  to 
under  the  "Act  to  ascertain  and  adjust  the  titles  to  certain  lands  in  the  original     claim- 
State  of  Indiana,"  approved  July  twenty-seventh,  one  thousand  eight  ants  where  action 
hundred  and  fifty- four,  as  is  provided  for  in  section  six  of  said  act,  that  }»s  been  had  on 
such  deeds  and  evidences  of  titles  in  all  cases  where  there  has  been  an tn 
action  on  the  same,  whether  confirmed  or  rejected  by  the  board  of  com- 
missioners constituted  under  said  act,  shall  be  returned  by  the  Commis- 
sioner of  the  General  Land  Office  to  the  original  claimants,  (a) 

(a)  See  Nos.  191,  192,  196,  197,  199,  200,  205,  210,  211,  214,  308,  312,  321. 


No.  314.—  AN  ACT  to  continue  the  office  of  register  of  the  land  office  at  Vincennes     Dec.  21,  1858. 

Indiana.  Vol.  11,  p.  373. 

Be  it  enacted,  <$'C.,  That  to  enable  persons  interested  in  titles  to  land  in    office  of  reins 
the  Vincennes  district,  Indiana,  to  perfect  the  same,  and  for  the  trans-  ter  continued 
action  of  such  other  business  as  may  require  his  services,  the  office  of  three    years,    if 
register  of  the  land  office  at  that  place  shall  be  continued  for  the  period  necessary. 
of  three  years  from  and  after  the  passage  of  this  act,  if,  in  the  opinion  of 
the  President  of  the  United  States,  the  public  interests  so  long  require  it. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg-    Duty  of  regis- 
ister,  under  directions  from  the  Secretary  of  the  Interior,  to  issue  such  ter- 
patent  certificates,  or  other  evidences  of  title,  as  may  from  time  to  time 
be  necessary,  as  the  basis  of  patents  for  the  ancient  private  claims  in 
that  district  that  have  been  recognized  by  various  confirmatory  laws, 
and  that  prior  to  finally  closing  the  district,  three  months'  public  notice 
shall  be  given  thereof. 

SEC.  3.  And  be  it  further  enacted,  That  a  register  shall  be  appointed     Register  to  be 
by  the  President  under  this  act,  by  and  with  the  advice  and  consent  of  appointed,  and  to 
the  Senate,  which  register  shall  be  authorized  to  perform  all  such  duties,  act  as  receiver. 
both  as  register  and  receiver,  as  shall  be  prescribed  by  the  Secretary  of 
the  Interior,  and  shall  receive  in  full  for  the  same  a  salary  of  five     Salary. 
hundred  dollars  per  annum,  and  such  fees  for  preemption  or  bounty- 
land  locations  as  existing  United  States  laws  allow,  and  in  making    Fees. 
transcripts  of  original  papers  for  individuals,  said  register  shall  have  a 
right  to  charge  therefor,  according  to  the  tariff  existing  in  the  local 
courts  of  the  district. 

SEC.  4.  And  be  it  further  enacted,  That  the  officer  so  appointed  shall  be    Residence     of 

18ter 


required  to  reside  at  Vincennes  and  to  give  bond  for  the  faithful  per-  boi?d1 
formance  of  his  duties,  the  safety  of  the  archives  in  his  charge,  and 
the  public  moneys  which  may  be  received  by  him,  in  such  penalty  as 
the  President  of  the  United  States  may  deem  necessary,  (a) 

(a)  See  Nos.  196,  205,  207,  231,  237,  238,  247,  256,  265,  297,  310,  312,  316.    ' 


No.  315.— AN  ACT  for  the  relief  of  congressional  township  number  twenty-seven,     March  3, 1859; 
north,  of  range  number  six,  east,  in  "Wabash  County,  Indiana.  Vol.  11,  p.  438. 

Be  it  enacted,  $-c.,  That  the  auditor  of  the  county  of  Wabash,  aforesaid,     Auditor  of  Wa- 
for  the  time  being,  be  authorized  and  allowed  to  make  entry  in  his  own  bash  county,  In- 
official name  of  the  quantity  of  five  hundred  and  thirty-seven  and  diana,  may  enter 
ninety  one-hundredths  acres,  in  legal  subdivisions,  of  any  lands  of  the  ?.ertain  ,land.8,  *2 
United  States,  on  any  part  of  the  public  domain  subject  to  private  school  lands  &c. 
entry,  at  the  minimum  price  of  one  dollar  and  twenty-five  cents  per 
acre,  the  same,  when  so  entered  being  hereby  made,  and  declared  to  be 
for  the  benefit  of  the  inhabitants  of  congressional  township  number 
twenty-seven,  north,  of  range  number  six,  east,  in  the  county  of  Wa- 
bash, and  State  of  Indiana,  and  to  stand  in  lieu  of  a  deficit  of  that 
quantity  in  the  amount  of  school  lands  belonging  to  said  township,  and 
to  be  held  and  controlled  in  the  same  manner. 

SEC.  2.  And  be  it  further  enacted,  That  when  the  said  lands  shall  have    Patent  to  issna 
been  selected  and  entered  as  aforesaid,  and  duly  reported  to  and  ap-  therefor, 
proved  by  the  Secretary  of  the  Interior,  he  shall  cause  a  patent  or  pat- 
ents to  issue  therefor,  (a) 

(a)  See  Nos.  196,  205,  215,  236,  249,  261,  278,  290. 


140  INDIANA. 

July  12  Ie62.      I^0i  316.— AN  ACT  for  the  relief  of  the  register  of  the  land  office  at  Vincennes 
ToL  12,  p.  542.  Indiana,  and  for  other  purposes. 

Register  of  &e  **  enacted,  #c.,  That  the  Secretary  of  the  Interior  be,  and  he  is 
1  and  office  at  Vin- hereby,  authorized  to  make  such  allowance  for  office  rent  dnring  the 
cennes  to  be  al-  temporary  continuance  of  the  land  office  at  Vincennes,  Indiana,  as  mav 
lowed  for  office  jn  his  opiulon)  be  jnst  and  prOper. 

Payment  to     SEC.  2.  And  be  it  further  enacted,  That  the  said  Secretary  be  author- 
John  Moore  for  ized  to  adjust  the  account  of  John  Moore,  postmaster  at  Vincennes, 
custody    of    pa-  Indiana,  and  allow  him,  at  the  usual  rates  for  such  services,  compensa- 
tion for  the  custody  of  the  books,  papers,  and  so  forth,  of  the  land 
office  at  Vincennes,  Indiana,  during  the  time  the  same  were  in  his 
charge,  under  instructions  from  the  Commissioner  of  the  General  Land 
Office,  dated  September  third,  eighteen  hundred  and  fifty-eight ;  these 
allowances  to  be  paid  out  of  the  appropriation  for  incidental  expenses 
of  district  land  offices :  Provided,  That  the  total  sum  paid  under  this 
act  shall  not  exceed  five  hundred  dollars,  (a) 

(a)  See  Xos.  196,  205,  207,  231,  237,  238,  247,  256,  265,  297,  310,  312,  314. 

SH^i  lff!£r      No<  31* •— AX  ACT  in  relation  to  certain  unsold  lands  in  the  counties  of  Porter  and 
VoL  16.  p.  187.  Lake,  in  the  State  of  Indiana. 

Preamble.  Whereas  there  is  lying  along  the  Little  Calumet  River,  in  the  coun- 

ties of  Porter  and  Lake,  in  the  State  of  Indiana,  a  body  of  lands  sup- 
posed to  contain  about  four  thousand  acres,  which  has  never  been  sold 
or  surveyed,  and  which  was  described  in  the  original  Government  sur- 
veys as  impassible  morass ;  and  whereas  the  Calumet  Draining  Com- 
pany has  been  organized  under  the  laws  of  said  State,  for  the  purpose 
Certain  unsold  of  draining  the  valley  of  said  river  including  said  morass :  Therefore, 
lands  on   Little     Be  it  enacted,  Ac.,  That  said  unsold  lands  shall  be  subject  to  a  lien  un- 
InduS^deSared  der  the  laws  of  .tne  State  of  Indiana  for  it8  Pr°per  proportion  of  the 
subject  'to  State  cost  of  8UCn  drainage,  and  such  lien  may  be  enforced  against  said  lands 
lien  for  cost  of  in  the  same  manner  and  to  the  same  extent  as  if  the  said  lands  were 
drainage.  owned  by  private  persons :  Provided,  That  no  claim  shall  be  held  to 

ands9°rnav  be  existi  against  the  United  States  for  such  drainage. 

s  n  r  v  e  y  e  d  and  SEC.  2.  And  le  it  further  enacted,  That  said  lands  may  be  surveyed  (a) 
sold  subject  to  and  sold  (6)  to  the  highest  bidder,  under  the  directions  of  the  Secretary 
lien-  of  the  Interior,  subject  to  said  lien, 

(a)  See  ]STos.  194,  196,  197,  205,  247,  266. 
(6)  See  Nos.  196, 197,  198,  200,  205,  207,  208,  218,  232,  237,  238. 

June  1,  1872.       jve.  318.— AN  ACT  to  authorize  the  Secretary  of  the  Interior  to  make  partition  of 
VoL  17,  p.  213.  the  reservation  to  Me-shin-go-me-sia,  a  Miami  Indian. 

Partition  to  be      Be  it  enacted,  fc.,  That  the  Secretary  of  the  Interior  be,  and  he  is 

ervation  in  trust  hereby,  authorized  and  directed,  on  written  application  of  the  chief  of 

for  the  band  of  said  band  being  first  filed  in  his  office,  to  cause  partition  to  be  made  of 

Me .  shin  -  go-me-  the  reservation  in  trust  for  the  band  of  Me-shin-go-me-sia,  of  ten  sec- 

sia-  tions  of  land  made  by  the  seventh  article  of  the  treaty  between  the 

United  States  and  the  Miami  tribe  of  Indians,  entered  into  on  the 

twenty-eighth  day  of  November,  eighteen  hundred  and  forty,  and  by 

Right  to  pur- the  Senate  amendment  thereto ;  and  the  United  States  hereby  release 

C  Exp e n?es  of to  8aid  band  all  right  of  purchase  of  said  reservation.    The  expenses  of 

partition.  said  partition  to  be  paid  by  said  band,  and  the  amount  to  be  deducted 

by  the  Secretary  of  the  Interior  from  any  annuities  or  other  moneys  due 

or  to  become  due  the  several  persons  to  whom  partition  shall  be  made : 

Provided,  That  any  costs  or  expenses  made  by  claimants  who  shall  not 

be  found  entitled  to  share  in  said  lands  shall  not  be  a  lieu  thereon,  but 

shall  be  paid  by  said  claimants,  to  be  retained  by  said  Secretary,  out  of 

any  moneys  that  may  bo  due  or  become  due  them  from  the  United  States : 

If  chief  fails  to  And  provided  further,  That  if  from  any  cause  the  chief  of  said  band  shall 

wfthinP&cCati°n  fail  to  make  8aid  written  application  within  six  months  next  after  the 

passage  of  this  act  any  person  or  persons  interested  in  said  lands  may 

make  the  same. 

Xamesofmem-  SEC.  2.  That  the  Secretary  of  the  Interior  shall  ascertain,  by  name, 
bers  of  band  on  what  persons  constituted  the  band  of  Me-shin-go-me-sia  on  the  twenty- 
be^' ascertained0  eighth  day  of  November,  anno  Domini  eighteen  hundred  and  forty,  and 
and  parti  tiontnen  shall  proceed  to  make  partition  of  said  reserved  land  per  capita, 
made  to  survi-  share  and  share  alike  in  value,  to  the  survivors  of  said  band,  and  to 
vors,  &c.  their  descendants,  and  to  descendants  of  those  who  were  members  of 

said  band  at  said  date,  but  who  have  since  deceased.    He  shall  also  in- 


INDIANA.  141 

elude  in  said  partition  list  those  persons  of  Miami  blood  not  of  said    Certain    per- 
band,  but  who  have  intermarried  with  a  member  of  said  band,  and  who  sonsintermarried 
may  be  living  at  the  date  of  said  partition.    In  making  said  partition  *°  be  included  in 
lists  the  Secretary  of  the  Interior  is  authorized  to  take  or  cause  to  be 
taken  such  testimony  as  he  may  deem  necessary  with  the  information 
now  in  his  office,  to  enable  him  to  discharge  his  duties  under  this  act.     Testimony  how 
Such  testimony  may  be  taken  before  any  person  authorized  to  take  and  to  be  taken. 
certify  depositions  under  the  law  of  the  State  of  Indiana.     The  testi- 
mony to  be  taken  on  said  reservation. 

SEC.  3.  That  in  the  partition  of  said  reservation  the  homes  and  im-     Homes  and  im- 
provements of  the  several  persons  entitled  under  section  two  of  this  provements. 
act  shall  be  set  apart  to  the  occupants  as  far  as  can  be  done  in  justice 
to  all  the  parties  in  interest,  the  value  of  said  improvements  not  in  any    Value  of    im- 
case  to  be  estimated  where  the  same  shall  be  on  land  awarded  to  the  provemeuts. 
person  who  made  or  caused  them  to  be  made,  the  corners  of  the  several 
tracts  to  be  distinctly  marked  and  witnessed,  and  a  record  kept  thereof          . 
and  filed  in  the  office  of  the  Secretary  of  the  Interior  j  and  certified  8ent°PtoS  auditors 
copies  thereof  and  of  the  lists  so  made,  as  heretofore  provided,  to  be  Of     Grant    and 
forwarded  to  and  filed  in  the  offices  of  the  auditors  of  Grant  and  Wabash  Wabash      coun- 
counties,  in  the  State  of  Indiana,  where  said  land  lies.    The  Secretary  tie»>  Indiana. 
of  the  Interior  shall,  so  soon  as  said  partition  is  made,  cause  patents  to  8Ueatt 
issue  to  the  several  persons  to  whom  partition  is  made  under  this  act, 
conveying  in  fee  to  each  the  tract  of  laud  so  set  apart  to  him  or  her, 
which  shall  entitle  the  owner  thereof  to  the  use,  occupancy,  and  control 
of  the  same  against  all  claims  whatsoever  :  Provided,  That  after  the  date    Af  terpartition, 
of  partition  the  said  lands  shall  become  subject  to  the  laws  of  descent  }ands  subject  to 
of  the  State  of  Indiana  the  same  as  other  lands  in  said  State.  of^nd^ana.68' 

SEC.  4.  That  said  lands  shall  never  be  subject,  in  any  time  to  come,    Lands    not  to 
to  any  debt  contracted,  the  consideration  of  which  passed,  in  whole  or  be  subject  to,  &c. 
part,  prior  to  the  date  of  partition  thereof;  nor  shall  said  lands  be  sub- 
ject to  levy,  sale,  forfeiture,  or  mortgage,  nor  to  any  lease  for  a  longer 
period  at  any  one  time  than  three  years  (to  be  in  writing  in  all  cases), 
prior  to  the  first  day  of  January,  eighteen  hundred  and  eighty-one  ;  nor 
shall  said  lands  be  disposed  of,  contracted,  or    sold  by  the  owners 
thereof,  under  this  partition,  prior  to  the  first  day  of  January,  eight- 
een hundred  and  eighty-one  :  Provided,  That  the  same  shall  be  subject     To  be  subject 
to  taxation  as  other  property  under  the  laws  of  the  State  of  Indiana*0  taxation  at  ter, 
on  and  after  that  date. 

SEC.  5.  That  the  members  of  said  band,  and  their  descendants,  shall    Members  of 


become  citizens  of  the  United  States  on  the  first  day  of  January,  eigh-  J^'  <fec<)  wiV?n 
teen  hundred  and  eighty-one.  Jens 

No.  319.—  AN  ACT  to  authorize  the  issuance  of  college  scrip  to  the  State  of  Ar-     Vo?'  17  '^vn 
kansas,  and  for  other  purposes. 


SEC.  2.  That  the  time  within  which  the  State  of  Indiana  may  comply 
with  the  provisions  of  the  act  of  July  twenty-third,  eighteen  hundred  of  Indiana  may 
and  sixty-six,  entitled  "An  act  to  amend  the  fifth  section  of  an  act  en-  provide  an  agri- 
iitled  'An  act  donating  public  lands  to  the  several  States  and  Territo-  cultural    college 
nes  which  may  provide  colleges  for  the  benefit  of  agriculture  and  the  ex 
mechanic  arts/  approved  July  second,  eighteen  hundred  and  sixty- two, 
so  as  to  extend  the  time  within  which  the  provisions  of  said  act  shall 
>e  accepted  and  such  colleges  established,"  is  hereby  extended  so  that 
the  State  of  Indiana  shall  have  the  period  of  two  years  after  the  first 
day  of  July,  eighteen  hundred  and  seventy-two,  within  which  to  pro- 
vide at  least  one  college,  as  described  in  the  fourth  section  of  an  act 
itled    "An  act  donating  public  lands  to  the  several  States  and 
[tones  which  may  provide  colleges  for  the  benefit  of  agriculture 
the  mechanic  arts,"  approved  July  second,  eighteen  hundred  and 
sixty- two. 


No.  320.- AN  ACT  to  release  to  the  State  of  Indiana  the  lands  known  as  the  bed     jan  11  1873 
of  Beaver  Lake,  in  Newton  County,  in  said  State.  v3'  fg  p  409 

Be  it  enacted,  fo.,  That  the  lands  in  Newton  County  in  the  State  of  -^I 
idiana,  known  as  the  bed  of  Beaver  Lake,  the  same  having  been  in  NewSn  rSS? 
drained  and  reclaimed  at  the  expense   of  the  State  of  Indiana  and  ly    Indiana    re~- 
Bsignees  be,  and  the  same  are  hereby,  released  and  quit-claimed  to leased  to  that 
the  State  of  Indiana.  State. 


142  INDIANA. 

March  3,  1873.    No.  331.— AN  ACT  authorizing  the  award  to  the  Vincennes  University  of  certain 
Vol.  17,  p.  614.  vacant  and  abandoned  lands  in  Knox  County,  Indiana.     ' 

~ 77—  Whereas,  it  is  alleged  that  there  are  certain  parcels   of  abandoned 

lands  in  Knox  County,  Indiana,  which  are  covered  by  old  Vincennes 
donation  claims,  which  have  become  abandoned  and  to  which  there  is 
no  subsisting  confirmation  or  settlement  by  individuals  as  owners  un- 
der confirmation :  Therefore, 

Patent  to  issue  Be  it  enacted,  fc.,  That  it  shall  and  may  be  lawful  for  the  Vincenues 
University"  f  or  University,  a  corporation  existing  under  the  laws  of  the  State  of  In- 
land awarded  to  diana,  to  file  in  the  United  States  district  court  for  the  district  of  In- 
it  by  decree  of  diana  a  petition  descriptive  of  such  abandoned  and  unclaimed  donations 
court,  in  Knox  County  of  that  State,  accompanied  by  such  testimony  as  may 

be  relied  upon  in  support  of  the  said  alleged  abandonment,  with  evi- 
Proceedings  to  dence  that  such  list  has  been  published  for  a  period  of  at  least  three 
obtain  the  decree,  months  in  Knox  County  and  calling  on  all  parties  to  show  cause,  if 
cost.  9  6  8ucl1  existj  why  such  tracts  or  parcels  of  land  should  not  be  declared  va- 

cant ;  and  thereafter  in  such  cases  as  the  said  court  shall  find  the  tracts 
to  be  abandoned  and  not  claimed  by  any  individuals  under  any  con- 
firmation, or  otherwise,  it  shall  have  power  to  render  a  decree  accord- 
ingly, and  upon  such  decree  being  deposited  in  the  General  Land  Office, 
with  a  patent  certificate  from  the  register  of  the  land  office  at  Indian- 
apolis, Indiana,  a  patent  shall  issue  to  the  said  Vincennes  University 
for  the  parcels  of  land  so  decreed  as  abandoned  and  awarded  to  said 
Patent,  &c.,not  university :  Provided,  That  all  proceedings  in  the  premises  shall  be  at 
to  affect  adverse  the  cost  of  said  university,  and  that  the  patents  so  issued  shall  operate 
to  omifolftim  only  a8  a  quit-claim  on  the  part  of  the  United  States,  and  shall  not  af- 
&c.  '  feet  the  valid  adverse  rights  of  any  person  should  such  hereafter  be 

found  to  exist ;  and  such  patents  and  decrees  shall  have  no  effect  upon 
or  in  respect  to  such  adverse  rights,  (a) 
(a)  See  Nos.  191,  200,  205,  210, 211,  214,  308,  312,  313. 


Vof  I?'  181261  No*  323<— AN  ACT  makinS  appropriations,  &c. 
[Land  office  at  Indianapolis,  Indiana,  abolished.    See  OHIO,  No.  189.] 


187.8-  No.  323.— AN  ACT  for  the  relief  of  Joseph  F.  Wilson. 

p.  040. 


Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office, 
son  under  the  direction  of  the  Secretary  of  the  Interior,  be,  and  he  is  hereby, 

Land  warrants  authorized  and  required  to  issue  to  Joseph  F.  Wilson,  or  his  legal  rep- 
to  be  issued  to.  resentatives,  a  number  of  warrants  equal  to  two  hundred  acres,  in 
tracts  not  less  than  the  subdivisions  provided  for  in  the  United  States 
land  laws,  to  be  located  by  the  said  Wilson,  or  his  legal  representatives 
or  assigns,  on  any  of  the  unoccupied  and  unappropriated  public  lands 
of  the  United  States,  subject  to  pre-emption  or  homestead  entry,  in  lieu 
of  the  southwest  quarter  of  section  twenty-nine,  in  township  twenty- 
five  north,  of  range  four  west,  situate  in  White  County,  Indiana,  and 
the  southwest  quarter  of  the  southwest  quarter  of  section  thirty-five, 
in  township  thirty-eight  north,  of  range  four  east,  situate  in  Elkhart 
County,  Indiana,  which  said  tracts  of  land  were  entered  by  and  pat- 
ented to  William  Voight,  Josiah  Smith,  and  John  H.  Smith,  under  and 
by  virtue  of  the  provisions  of  the  acts  of  Congress  approved  June 
eighth,  eighteen  hundred  and  seventy-two,  and  March  third  eighteen 
hundred  and  seventy- three,  relating  to  additional  homesteads,  and  by 
the  said  William  Voight,  Josiah  Smith,  and  John  H.  Smith,  after  their 
said  entry,  sold  and  conveyed  to  the  said  Wilson,  and  of  which  the 
said  Wilson  was  divested  and  dispossessed  by  the  judgments  and  der 
crees  of  the  circuit  court  of  the  United  States  for  the  district  of  In- 
diana, at  the  November  term,  anno  Domini  eighteen  hundred  and  sev- 
enty-six, thereof,  by  reason,  as  the  said  court  held  and  decided,  of  a 
prior  disposal  of  said  lands  by  the  United  States  to  persons  other  than 
the  said  WiJliam  Voight,  Josiah  Smith,  and  John  H.  Smith ;  and  the 
said  Wilson  or  his  legal  representatives  or  assigns,  after  the  location  of 
the  said  warrants  on  such  lands  as  he  or  they  may  select,  shall  be 
allowed  patents  for  the  lands  so  located. 


INDIANA. 


143 


And  the  lands  taken,  selected,  and  located,  as  authorized  and  pro- 
vided by  this  act,  shall  be  in  full  satisfaction  of  any  claim,  right,  or 
benefit  which  the  said  William  Voight,  Josiah  Smith,  and  John  H. 
Smith  may  have,  or  may  have  had,  under  and  by  virtue  of  the  said  acts 
of  Congress,  as  well  as  in  full  satisfaction  of  any  claim  which  the  said 
Wilson,  as  assignee,  or  grantee  of  the  said  William  Voight,  Josiah 
Smith,  and  John  H.  Smith,  may  have,  or  may  have  had,  against  the 
United  States. 

SEC.  2.  And  the  patent  for  the  southwest  quarter  of  section  twenty-    James  S.  Chil- 
nine,  in  township  twenty-five  north,  of  range  five  west,  issued  to  James  ton. 
S.  Chilton,  on  his  location  of  military  bounty-land  warrant  number  six     Surrender  of 
hundred  and  sixty-four,  under  the  act  of  February  eleventh,  eighteen  and°i8?ueS?f  corl 
hundred  and  forty-seven,  may  be  surrendered  and  duly  relinquished  to  rect  one. 
the  United  States ;  whereupon  a  patent  shall  be  issued  in  the  name  of 
said  James  S.  Chilton  for  the  southwest  quarter  of  section  twenty-nine, 
in  township  twenty-five  north,  of   range  four  west,  being  the  tract 
intended  to  be  located  by  him,  and  the  entry  of  said  tract  in  said  range 
five  by  said  Chilton  to  be  canceled.    But  nothing  contained  in  this  sec- 
tion shall  be  construed  to  limit  or  qualify  the  rights  of  said  Wilson 
under  this  act,  except  that,  before  the  warrants  herein  authorized  and 
provided  for  in  his  favor  shall  issue,  he  shall  relinquish  and  reconvey 
to  the  United  States  the  lands  of  which  he  was  so  divested  or  dispos- 


ILLINOIS. 


March  3,  1791.  No.  324.— AN  ACT  for  granting  lands  to  the  inhabitants  and  settlers  of  Vincennes 
Vol.  1  p.  221.  and  the  Illinois  country,  in  the  territory  northwest  of  the  Ohio,  and  for  confirming 
— — them  in  their  possessions,  (a)  . 


Grant  to  P.      SEC.  7.  And  be  it  further  enacted,  That  two  lots  of  land  heretofore  in 

Gibanlt  and  St.  the  occupation  of  the  priests  at  Cahokia,  and  situated  near  that  village. 

Jam  Beouvais.      ^  and  t  he  game  is  hereby  granted  in  fee  to  P.  Gibault ;  and  that  a 

tract  of  land  at  Kaskaskia,  formerly  occupied  by  the  Jesuits,  be  laid  off 

and  confirmed  to  St.  Jam  Beouvais,  who  claims  the  same  in  virtue  of  a 

purchase  thereof. 

Donation  lands  SEC.  8.  And  be  it  further  enacted,  That  so  much  of  the  act  of  Congress 
to  be. laid  out  ac-  of  the  twenty-eighth  of  August,  one  thousand  seven  hundred  and  eighty- 
Co^  grlss^June  e^g^t,  as  refers  to  the  locations  of  certain  tracts  of  land  directed  to  be 
•j'.>.  n?-.  run  out  and  reserved  for  donations  to  the  ancient  settlers  in  the  Illinois 

country,  be,  and  the  same  is  hereby  repealed,  and  the  governor  of  the 
said  territory  is  directed  to  lay  out  the  same,  agreeably  to  the  act  of 
Congress  of  the  twentieth  of  June,  one  thousand  seven  hundred  and 
eighty-eight. 

(a)  See  Nos.  191,  324,  325,  329,  331,  336,  337,  338,  352,  438. 


March  3,  1807.    Hfo.  325.— AX  ACT  confirming  claims  to  land  in  the  district  of  Vincennes ;  and 
Vol.  2,  p.  446.  other  purposes. 


Register  and  SEC.  6.  And  be  it  further  enacted,  That  the  register  and  receiver  of 
receiver  of  Kas-  public  monies  in  the  district  of  Kaskaskias,  be  allowed  till  the  first 
a^8  rttf  t T  day  of  December  next,  to  complete  the  investigation  of  claims  to  laud 

Add  ti  al  in  the  sai<i  di8trict-  And  eacl1  of  the  said  officers,  and  the  clerk  of  the 
pen8at?on°Toboar(i)  shall  be  allowed  an  additional  compensation  of  five  hundred 
them.  dollars,  in  full  for  his  service  in  relation  to  such  claims,  (a) 

******* 

(a)  See  Nos.  191,  324,  337,  329,  331,  336,  337,  338,  352,  438. 

Feb.  3,  1809.       No.  326.— AN  ACT  for  dividing  the  Indiana  Territory  into  two  separate  govern- 
Vol.' 2.' p.  514.  menta. 

Indiana  Terri-     &e  **  enacted,  #c.,  That  from  and  after  the  first  day  of  March  nest,  all 

tory  divided,  and  that  part  of  the  Indiana  Territory  which  lies  west  of  the  Wabash  River, 

the  Illinois  form-  an(j  a  direct  line  drawn  from  the  said  Wabash  River  and  Post  Vincennes, 

ed-  due  north  to  the  territorial  line  between  the  United  States  and  Canada, 

shall,  for  the  purpose  of  temporary  government,  constitute  a  separate 

Territory,  and  be  called  Illinois. 

A  government     SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  established  within 
similar    to    that  fljg  8a^  Territory  a  government  in  all  respects  similar  to  that  provided 
Northwest  Terri-  by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of  July,  one 
tory  provided.      thousand  seven  hundred  and  eighty-seven,  for  the  government  of  the 
territory  of  the  United  States,  northwest  of  the  river  Ohio  ;  and  by  an 
act  passed  on  the  seventh  day  of  August,  one  thousand  seven  hundred 
and  eighty -nine,  intituled  "An  act  to  provide  for  the  government  of 
the  territory  northwest  of  the  river  Ohio ; "  and  the  inhabitants  thereof 
shall  be  entitled  to,  and  enjoy  all  and  singular  the  rights,  privileges 
and  advantages,  granted  and  secured  to  the  people  of  the  territory  of 
the  United  States,  northwest  of  the  river  Ohio,  by  the  said  ordinance. 
Officers'  duties,     SEC.  3.  And  be  it  further  enacted,  That  the  officers  for  the  said  territory, 
&c-  who,  by  virtue  of  this  act,  shall  be  appointed  by  the  President  of  the 

United  States,  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
respectively  exercise  the  same  powers,  perform  the  same  duties,  and  re- 
ceive for  their  services  the  same  compensations,  as  by  the  ordinance  afore- 
said, and  the  laws  of  the  United  States,  have  been  provided  and  estab- 
lished for  similar  officers  in  the  Indiana  Territory.  And  the  duties  and 
144 


ILLINOIS.  145 

emoluments  of  superintendent  of  Indian  affairs  shall  be  united  with 
those  of  governor:  Provided,  That  the  President  of  the  United  States    Proviso, 
shall  have  full  power,  in  the  recess  of  Congress,  to  appoint  and  commis- 
mission  all  officers  herein  authorized,  and  their  commissions  shall  con- 
tinue in  force  until  the  end  of  the  next  session  of  Congress. 

SEC.  4.  And  be  it  further  enacted,  That  so  much  of  the  ordinance  for     Ordinance  for 
the  government  of  the  territory  of  the  United  States  northwest  of  the  $®hJ^oSwe8t 
Ohio  River,  as  relates  to  the  organization  of  a  general  assembly  therein,  Territory  to  be  in 
and  prescribes  the  powers  thereof,  shall  be  in  force  and  operate  in  the  force  in  the  Illi- 
Illinois  Territory,  whenever  satisfactory  evidence  shall  be  given  to  the  n°is  Territory, 
governor  thereof  that  such  is  the  wish  of  a  majority  of  the  freeholders, 
notwithstanding  there  may  not  be  therein  five  thousand  free  male  in- 
habitants of  the  age  of  twenty-one  years  and  upwards  :  Provided,  That 
until  there  shall  be  five  thousand  free  male  inhabitants  of  twenty-one 
years  and  upwards  in  said  Territory,  the  whole  number  of  representa- 
tives to  the  general  assembly  shall  not  be  less  than  seven,  nor  more 
than  nine,  to  be  apportioned  by  the  governor  to  the  several  counties  in 
the  said  Territory,  agreeably  to  the  number  of  free  males  of  the  age  of 
twenty-one  years  and  upwards,  which  they  may  respectively  contain. 

SEC.  5.  And  be  it  further  enacted,  That  nothing  in  this  act  contained     Government  of 
shall  be  construed  so  as  in  any  manner  to  affect  the  government  now  in  JSe^  ai,vTh  i  s 
force  in  the  Indiana  Territory,  further  tnan  to  prohibit  the  exercise  act 
thereof  within  the  Illinois  Territory,  from  and  after  the  aforesaid  first 
day  of  March  next. 

******* 

SEC.  8.  And  be  it  further  enacted,  That  until  it  shall  be  otherwise  or-    Kaskaskia  to  be 
dered  by  the  legislature  of  the  said  Illinois  Territory,  Kaskaskia  on  the  the  seat  of  gov- 
Mississippi  River,  shall  be  the  seat  of  government  for  the  said  Illinois  eri 
Territory,  (a) 

(a)  See  Nos.  337,  346,  347,  378,  394. 


fo.  327.— AN  ACT  to  revive  and  continue  for  a  further  time,  the  authority  of  the     Feb.  15, 1809. 
commissioners  of  Kaskaskia.  Vol.  2,  p.  517. 


— 

Be  it  enacted,  #c,,  That  the  powers  heretofore  vested  in  the  register    powers  vested 
and  receiver  of  public  monies  for  the  district  of  Kaskaskia  be,  and  the  in    the  register 
same  are  hereby  revived ;  and  the  said  register  and  receiver  shall  be  and  receiver  of 
allowed  until  the  first  day  of  January  next,  to  complete  the  investigation  K,a ska. sk* a  r eviv- 
of  claims  to  land  in  said  district ;  they  shall  have  full  power  to  revise  to  Jan  l  1810 
any  of  their  former  decisions,  and  also  the  same  power  and  authority  in 
relation  to  claims  to  land  in  the  village  of  Pioria ;  notices  of  which  have 
heretofore  been  filed  as  they  have  in  relation  to  other  claims  in  the  said 
district ;  and  the  said  register  and  receiver,  and  the  clerk  of  the  board, 
shall  each  be  allowed  an  additional  compensation  of  five  hundred  dol- 
lars, in  full  for  his  services  in  relation  to  such  claims,  (a) 

(a)  See  Nos.  191, 324,  325,  329,  331,  336,  337,  338,  352,  438. 

No.  328.— AN  ACT  providing  for  the  sale  of  certain  lands  in  the  Indiana  Territory,     April  30,  1810. 
and  for  other  purposes.  Vol.  2,  p.  590. 


SEC.  6.  And  be  it  further  enacted,  That  a  tract  of  land  in  the  Illinois    A  tract  of  land 
Territory,  at,  and  including  Shawneetown,  on  the  Ohio  River,  shall,  un-  jn    the    Illinois 
der  the  direction  of  the  surveyor-general,  be  laid  off  into  town  lots,  lai^offunder  d£ 
streets  and  avenues,  and  into  out-lots,  in  such  manner  and  of  such  di-  rection    of   sur- 
mensions  as  he  may  judge  proper:  Provided,  The  tract  so  to  be  laid  off  veyor-general. 
shall  not  exceed  the  quantity  of  land  contained  in  two  entire  sections,   ^c^ietotrfctt  lai(! 
nor  the  town  lots  one  quarter  of  an  acre  each,  (a)  When  the  survey  of  the  £0   ^^e^  8  "he 
lots  shall  be  completed,  a  plat  thereof  shall  be  returned  to  the  surveyor-  quantity  in  two 
general,  on  which  the  town  lots  and  out-lots  shall  respectively  be  desig-  sections, 
nated  by  progressive  numbers,  who  shall  cause  two  copies  to  be  made, 
one  to  be  transmitted  to  the  Secretary  of  the  Treasury,  and  the  other  to 
he  register  of  the  land  office ;  and  the  lots  shall  be  offered  to  the  highest 
idder  at  public  sale,  at  the  same  time  and  place,  on  the  same  terms  and 
auditions,  (except  as  to  the  quantity  of  land,)  as  have  or  may  be  pro- 
dded for  the  sale  of  the  other  public  lands  in  the  said  Territory :  Pro-    ^o  town  lot  to 
'tied,  That  no  town  lot  shall  be  sold  for  a  less  price  than  eight  dollars,  be  sold  for  lesa 
>r  any  out- lot  for  less  than  at  the  rate  of  five  dollars  an  acre.  (&)  j-han  eight    dol- 

(a)  See  Nos.  333,  340,  342,  344,  370,  386. 

(b)  See  Nos.  330,  332,  334,  336,  337,  338,  339,  341,  351,  360,  370,  374,  389,  432,  433,  440. 

10  L  O — VOL  II 


146  ILLINOIS. 

May  1, 1810.       No.  329.— AX  ACT  confirming  the  decisions  of  the  commissioners  in  favour  of  the 
VoL  2,  p.  607.  claimants  of  land  in  the  district  of  Kaskaskia. 

Decisions  of     Re  ^  enacted,  £c.,  That  all  the  decisions  made  by  the  commissioners 
the  commission-  appointed  for  the  purpose  of  examining  the  claims  of  persons  claiming 
ers  confirmed,      lands  in  the  district  of  Kaskaskia,  in  favour  of  such  claimants,  as  entered 
in  the  transcript  of  decisions,  bearing  date  the  thirty-first  day  of  Decem- 
ber, eighteen  hundred  and  nine,  which  have  been  transmitted  by  the 
said  commissioners  to  the  Secretary  of  the  Treasury  according  to  law, 
be.  and  the  same  are  hereby  confirmed,  (a) 

(a)  See  Xos.  191,  324,  325,  327,  331,  336,  337,  338,  352,  438. 


Feb.  25,  1811.      No.  330.— AX  ACT  providing  for  the  removal  of  the  land  office  established  at 
Vol.  2,  p.  649.  Xashville,     *    *    *. 

[Register  and  receiver  in  district  of  Kaskaskia  to  conduct  public  sales 
of  lands.    See  MISSISSIPPI,  No.  1279.] 


Feb.  20,  1812.     No.  331 . — AX  ACT  for  the  revision  of  former  confirmations,  and  for  confirming  cer- 
Vol.  2,  p.  677.  tain  claims  to  land  in  the  district  of  Kaskaskia. 


Register  and  Be  it  enacted,  <$-c.,  That  the  register  and  receiver  of  public  monies  of  the 
receiver  of  the  ];in(i  office  at  Kaskaskia,  and  such  other  person  as  the  President  of  the 
k^ktato  taqnfre  ^nited  States  shall  appoint  for  that  purpose,  be,  and  they  are  hereby 
into  validity  of  authorized  to  examine  and  inquire  into  the  validity  of  claims  to  land  in 
certain  claims  to  the  district  of  Kaskaskia,  which  are  derived  from  confirmations  made, 
land-  or  pretended  to  have  been  made,  by  the  governors  of  the  Northwest 

employed  by  aD(^  Indiana  Territory,  respectively.    They  shall  employ  a  clerk,  and 
them.  '  shall,  in  relation  to  the  claims  aforesaid,  have,  in  every  respect,  the 

Report   to    be  same  powers  which  had  been  vested  in  the  commissioners  appointed  to 
made   to   Secre-  ascertain  the  claims  to  land  in  the  said  district.    And  they  shall  report 
urv.  whkfh  iTto  to  t.he  Secretary  of  the  Treasury,  to  be  by  him  laid  before  Congress  at 
be'  laid  before  their  next  session,  their  opinion  on  each  of  the  claims  aforesaid. 
Congress.  SEC.  2.  And  be  it  further  enacted,  That  the  commissioners  and  clerk, 

Commissioners,  appointed  by  this  act,  and  such  agent,  as  may  be  appointed  on  behalf 

thSr'  compln'sa-  of  the  United  States  by  the  Secretory  of  the  Treasury,  shall  each  receive 

tion  ;  how  to  be  five  hundred  dollars  in  full  for  the  services  performed  by  them  under 

paid.  this  act  ;  which  compensation,  and  also  the  contingent  charges  for  office 

rent,  fuel,  stationery  and  summoning  witnesses  on  the  part  of  the 

United  States,  shall  be  paid  out  of  the  monies  appropriated  by  law  for 

surveying  the  public  lands  of  the  United  States. 

D  ecisions  of     gEc.  3.  And  be  it  further  enacted,  That  the  decisions  made  by  the  com- 


'  mi8Si°ners»  heretofore  appointed  for  the  purpose  of  examining  the  claims 
firmed.  °^  persons  to  lands  in  the  district  of  Kaskaskia,  in  favour  of  such  claim- 

ants to  town  or  village  lots,  out-lots  or  rights  in  common,  to  commons 
and  common-fields,  as  entered  in  the  transcripts  of  decisions,  bearing 
date  the  thirty-first  day  of  December,  one  thousand  eight  hundred  and 
nine,  which  have  been  transmitted  by  the  said  commissioners  to  the 
Secretary  of  the  Treasury,  according  to  law,  be  confirmed  to  all  such 
Proviso  as  to  rightful  claimants  according  to  their  respective  rights  thereto  :  Pro- 
vMed,  That  nothing  herein  contained,  shall  be  construed  to  confirm  any 
particular  decision,  heretofore  made  in  favour  of  any  individual,  or  to 
affect  the  right  of  any  other  individual  claiming  the  same  land  ;  but 
such  conflicting  claims  shall  be  decided  according  to  law  by  the  proper 
tribunal,  (a) 

(a)  SeeXos.  191,  324,  325,  327,  329,  336,  337,  338,  352,  438. 


Feb  21  1812  ^°»  332.— AX  ACT  to  establish  a  land  district  in  the  Illinois  Territory,  east  of  the 
Vol  2  p.  684.  district  of  Kaskaskia,  and  to  attach  certain  public  lands  to  the  district  of  Jefferson- 
'_2J- !_  ville. 


Land  district  Be  it  enacted,  <fc.,  That  so  much  of  the  public  lands  of  the  United 
formed.  States,  heretofore  included  within  the  land  district  of  Kaskaskia,  as  lies 

east  of  the  third  principal  meridian,  established  by  the  surveyor-gen- 
eral, shall,  together  with  the  public  lands  lying  between  the  Vincennes 
and  Kaskaskia  districts,  and  not  heretofore  attached  to  any  district,  form 

Land  offices  in  a  new  land  district.  For  the  disposal  of  the  said  lands,  a  land  office 
shall  be  established  at  Swaneetown,  under  the  direction  of  the  register 
of  the  land  office  and  receiver  of  public  monies,  to  be  appointed  for  that 
purpose ;  who  shall  reside  at  the  place,  give  security  in  the  same  manner, 


ILLINOIS.  147 

in  the  same  sums,  and  whose  compensation,  emoluments  and  duties,  and 
authority,  shall,  in  every  respect,  be  the  same  in  relation  to  the  lands 
which  shall  be  disposed  at  their  office,  as  are,  or  may  be  by  law  provided 
in  relation  to  the  registers  and  receivers  of  public  monies  in  the  several 
offices,  established  for  the  disposal  of  the  lands  of  the  United  States, 
northwest  of  the  river  Ohio,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  said  lauds  shall  be  disposed    How  the  lands 
of  in  the  same  manner,  and  on  the  same  terms  and  conditions  as  are,  or  a]-et< 
may  be  provided  by  law  for  the  sale  of  public  lands  in  the  district  of 
Kaskaskia :  Provided,  That  no  tracts  of  land,  excepted  from  the  sales  by 
virtue  of  any  former  act,  shall  be  sold  by  virtue  of  this  act:  And  pro- 
vided also,  That  a  tract  of  not  less  than  six  mile  square  shall  be  reserved 
by  the  President  of  the  United  States  for  the  use  and  support  of  the 
public  salt  works  on  Saline  Creek.  (6) 

*  *  *  ,          *  *  * 

(a)  See  ISTos.  196,  339.  350,  360,  363,  374,  383,  389,  449. 

(6)  See  Nos.  328,  330,  334,  336,  337,  338,  339,  341,  351,  360,  370,  374,  389,  432,  433,  440. 


No.  333.— AN  ACT  to  provide  for  designating,  surveying  and  granting  the  military  May  6,  1812. 

bounty  lands.  Vol.  2,  p.  728. 

[See  MICHIGAN,  No.  458.] 

>.  334.— AN  ACT  giving  the  right  of  pre-emption  in  the  purchase  of  lands  to  cer  Feb.  5, 1813. 

tain  settlers  in  the  Illinois  Territory.  Vol.  2,  p.  797. 


Be  it  enacted,  fa,,  That  every  person,  or  legal  representative  of  every     Inhabitants 
person,  who  has  actually  inhabited  and  cultivated  a  tract  of  land  lying  an<*    cultivators 
in  either  of  the  districts  established  for  the  sale  of  public  lands,  in  the  ^stricts     esteS 
Illinois  Territory,  which  tract  is  not  rightfully  claimed  by  any  other  lished    for    the 
person,  and  who  shall  not  have  removed  from  said  Territory;  every  sale  thereof ,  enti- 
such  person  and  his  legal  representatives  shall  be  entitled  to  a  prefer-  iied,$J^j[f™nce 
ence  in  becoming  the  purchaser  from  the  United  States  of  such  tract  of 
land  at  private  sale,  at  the  same  price  and  on  the  same  terms  and  con- 
ditions in  every  respect,  as  are  or  may  be  provided  by  law  for  the  sale 
of  other  lands  sold  at  private  sale  in  said  Territory,  at  the  time  of  mak- 
ing  such  purchase :  Provided,  That  no  more  than  one  quarter-section  of  onequarfer-se^ 
land  shall  be  sold  to  any  one  individual,  in  virtue  of  this  act ;  and  the  tion  to  be  sold  to 
same  shall  be  bounded  by  the  sectional  and  divisional  lines  run,  or  to  any  individual, 
be  run,  under  the  direction  of  the  surveyor-general  for  the  division  of    ^.°  ^"^  to  te 
the  public  lands :  Provided  also,  That  no  lands  reserved  from  sale  by  reservedbv^o? 
former  acts,  or  lands  which  have  been  directed  to  be  sold  in  town  lots,  meracts. 
and  out-lots,  shall  be  sold  under  this  act. 

SEC.  2.  And  ~be  it  further  enacted,  That  every  person  claiming  a  pre-     Persons  claim- 
ference  in  becoming  the  purchaser  of  a  tract  of  land,  in  virtue  of  this!ns  a  preference 
act,  shall  make  known  his  claim,  by  delivering  a  notice  in  writing,  to  deh^ernotice  in 
the  register  of  the  land  office,  for  the  district  in  which  the  land  may  lie,  writing    to    the 
wherein  he  shall  particularly  designate  the  quarter-section  he  claims ;  register  of    the 
which  notice  the  register  shall  file  in  his  office,  on  receiving  twenty-five land  office>  &°- 
cents  from  the  person  delivering  the  same.    And  in  every  case  where  it 
shall  appear  to  the  satisfaction  of  the  register  and  receiver  of  public 
monies  of  the  land  office,  that  any  person,  who  has  delivered  his  notice     If  a  person  ia 
of  claim,  is  entitled,  according  to  the  provisions  of  this  act,  to  a  prefer-  entitled  to  a  pref- 
ence  in  becoming  the  purchaser  of  a  quarter-section  of  land,  such  per-  erence   he    may 
son  so  entitled  shall  have  a  right  to  enter  the  same,  with  the  register  of  enter  the  same- 
the  land  office,  on  producing  his  receipt  from  the  receiver  of  public 
monies  for  at  least  one-twentieth  part  of  the  purchase  money,  as  in  case 
of  other  public  lands  sold  at  private  sale :  Provided,  That  all  lauds  to  be     Proviso, 
sold  under  this  act  shall  be  entered  with  the  register,  at  least  two  weeks 
before  the  time  of  the  commencement  of  the  public  sales,  in  the  district 
wherein  the  land  lies :  and  every  person  having  a  right  of  preference  in 
becoming  the  purchaser  of  a  tract  of  land,  who  shall  fail  so  to  make  his 


entry  with  the  register,  within  the  time  prescribed,  his  right  shall  be    How  the 
forfeited,  and  the  land  by  him  claimed  shall  be  offered  at  public  sale  ™^ 

with  the  other  public  lands  in  the  district  to  which  it  belongs,  (a) 

(a)  See  Nos.  328,  330,  332,  336,  337,  338,  339,  341,  351,  360,  370,  374,  389,  432,  433,  446. 


148  ILLINOIS. 


March  28  1814  ^°*  «*^5.  —  -^-^  ACT  concerning  Shawneetown. 

Vol.  3,  p.  113.        ge  n  enacted,  $c.,  That  a  tract  of  land  not  exceeding  two  sections,  in 

A  town  to  be  the  Illinois  Territory,  adjoining  Shawneetown,  shall,  nnder  the  direc- 
laid  off.  tions  of  the  surveyor-general,  be  laid  off  into  town  lots,  streets,  and  ave- 

nues, and  out-lots,  in  the  same  manner,  under  the  same  restrictions,  a» 
are  prescribed  by  the  sixth  section  of  the  act  entitled  "An  act  providing 
for  the  sale  of  certain  lands  in  the  Indiana  Territory,  and  for  other  pur- 
poses," approved  the  thirtieth  day  of  April,  one  thousand  eight  hundred 
and  ten.  And  it  shall  be  the  duty  of  the  surveyor-general,  or  the  per- 
son by  him  authorized  to  carry  this  act  into  effect,  to  select  the  two 
sections  so  as  to  extend  the  said  town  to  the  high  lands  in  the  rear  of 
the  town  as  it  is  now  laid  out. 

Lots  to  be  of-     SEC.  2.  And  be  it  further  enacted,  That  the  lots  in  said  town  shall  be 
fered  for  sale.      offered  for  sale  at  the  same  time,  and  on  the  same  terms  and  conditions 
as  are  provided  by  the  sixth  section  of  the  before-recited  act.  (a) 
(a)  See  Nos.  361,  376. 


April  16, 1814.    No.  336.— AX  ACT  confirming  certain  claims  to  land  in  the  Illinois  Territory,  and 
Vol.  3,  p.  125.  providing  for  their  location. 


Certain  claims     Be  it  enacted,  <$-c.,  That  the  decisions  made  by  the  commissioners  (ap- 
confirmed.  pointed  in  pursuance  of  the  act,  entitled  "An  act  for  the  revision  of 

former  confirmations,  and  for  confirming  certain  claims  to  land  in  the 
district  of  Kaskaskia,"  passed  the  twentieth  day  of  February,  one  thou- 
sand eight  hundred  and  twelve)  where  such  decisions  were  in  favor  of 
the  claims,  and  where  the  commissioners  have  reported  specially  and 
have  not  rejected  the  claims;  all  such  claims  as  entered  in  their  report 
to  the  Secretary  of  the  Treasury,  bearing  date  the  fourth  day  of  Jan- 
uary, one  thousand  eight  hundred  and  thirteen,  shall  be  and  the  same 
are  hereby  confirmed. 

Claims    trans-      SEC.  2.  And  be  it  further  enacted,  That  all  the  claims  contained  in  a  list 
mitted    by    Mi-  transmitted  to  the  Secretary  of  the  Treasury  by  Michael  Jones,  one  of 
chaeKTones  con-  the  commissioners  aforesaid,  bearing  date  the  eighteenth  day  of  Janu- 
ary, one  thousand  eight  hundred  and  thirteen,  shall  be  and  the  same 
hereby  are  confirmed:  Provided,  That  any  person  who  may  have  re- 
ceived a  militia  right,  shall  not  receive  in  addition  thereto  more  than 
three  hundred  acres  of  land  by  virtue  of  this  section ;  and  it  shall  be 
the  duty  of  the  Commissioner  of  the  General  Land  Office  to  enter  the 
Proviso.  list  aforesaid  of  record  in  his  office:  And  provided  also,  That  nothing  in 

this  act  shall  prevent  or  bar  a  judicial  decision  between  persons  claiming 
the  same  original  title  or  claim. 

Boundaries   of     SEC.  3.  And  be  it  further  enacted,  That  all  that  tract  of  land  included 
reservation  to  within  the  following  boundary,  viz :  Beginning  at  the  township  line 
satisfy  unlocated  nearest  to  and  above  the  mouth  of  Big  Muddy  River,  on  the  Mississippi 
River ;  thence  east  to  the  meridian  line  running  from  the  mouth  of  the 
Ohio  River,  thence  north  with  the  said  meridian  line  to  the  north  bound- 
ary lines  of  township  number,  five  north ;  thence  west  to  the  Missis- 
sippi River,  thence  down  the  same  to  the  beginning,  shall  be,  and  the 
same  hereby  is  reserved  and  set  apart  to  satisfy  the  unlocated  claims  of 
persons  to  land  within  the  Illinois  Territory  confirmed  to  them  hereto- 
fore or  by  this  act.  (a) 

Actual  settlers     SEC.  4.  And  be  it  further  enacted,  That  any  person  or  persons  residing 
atitled  to  pre-  wjthin  the  tract  reserved  by  this  act,  and  who  had  actually  cultivated 
or  improved  any  tract  of  land  therein,  before  the  fifth  day  of  February, 
one  thousand  eight  hundred  and  thirteen,  not  rightfully  claimed  by  any 
other  person ,  shall  be  entitled  to  a  pre-emption  in  the  purchase  of  such  tract 
Proviso.  of  laud  including  the  improvement  ;  Provided,  That  the  purchaser  shall 

not  enter  less  than  one  quarter-section  or  more  than  one  section  ;  and  any 
person  claiming  a  pre-emption  in  the  purchase  under  this  act,  who  may  be 
the  owner  of  any  unlocated  confirmed  claim  which  may  be  located  within 
the  tract  aforesaid,  shall  be  and  is  hereby  authorized  to  deliver  to  the  re- 
ceiver of  public  money  for  the  district  within  which  the  land  lies,  the  evi- 
dences of  his  or  their  claim,  which  shall  be  received  as  payment  for  the 
quantity  of  land  such  person  or  persons  would  have  been  entitled  to  locate 
by  virtue  thereof ;  and  in  all  cases  where  the  land  purchased  shall  not  be 
completely  paid  for  by  the  evidences  of  confirmed  claims,  the  residue  of 
the  land  shall  be  paid  for  at  the  same  price,  in  the  same  manner,  un- 


ILLINOIS.  149 

the  same  restrictions,  and  liable  to  the  same  forfeiture,  as  other 
public  lands  sold  at  private  sale. 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg-    .Notice  to  be 
ister  of  the  land  office  for  the  district  of  Kaskaskia,  to  give  notice  that  ff  Jan^offce  at 
all  persons  entitled  to  a  pre-emption  in  the  purchase  of  any  tract  of  Kaskaskia,   that 
land  by  virtue  of  this  act,  may  make  such  purchase  on  application  to  persons  claiming 
him  at  his  office  on  or  before  the  first  day  of  October  next;  and  any  p.re-emption 
person  failing  or  refusing  to  enter  with  the  register  of  the  land  office  the  f0f ^ar^ay  c' 
land  by  such  person  improved,  on  or  before  the  first  day  of  October 
next,  shall  lose  the  right  of  pre-emption  given  by  this  act.  (&) 

SEC.  6.  And  be  it  further  enacted,  That  after  the  first  day  of  October    After  October  l, 
next,  it  shall  be  lawful  for  any  person  or  persons  being  the  owner  of  any  owners    of  unlo- 
unlocated  confiriried  claim,  to  enter  with  the  register  of  the  land  office  ^J^8  ^^Mbit 
for  the  Kaskaskia  district,  any  quantity  of  land  within  the  reserved  their  claims,  &c. 
tract  aforesaid,  not  exceeding  one  quarter- section  more  than  the  quan- 
tity of  acres  contained  in  his  claim  or  claims,  and  to  deliver  to  the 
receiver  of  public  money  the  evidence  of  his  claim,  which   shall  be 
received  in  payment  for  the  number  of  acres  specified  therein,  and  the 
residue  of  the  land  thus  entered  which  may  exceed  the  amount  of  con- 
firmed claims  thus  paid  in,  shall  be  paid  for  at  the  same  price  and  in 
like  manner  as  the  other  public  lands  of  the  United  States  sold  at  pri- 
vate sale.    And  if  two  or  more  persons  shall  make  applications  at  the 
same  time  to  enter  the  same  tract  or  tracts  of  land,  the  priority  of  right 
to  enter  shall  be  decided  by  lot.  in  the  presence  of  the  register  of  the 
land  office ;  and  any  person  or  persons  failing  or  refusing  to  enter  or 
locate  his  claim  within  the  reserved  tract  aforesaid,  according  to  the 
provisions  of  this  act,  on  or  before  the  first  day  of  May,  one  thousand 
eight  hundred  and  fifteen,  shall  forfeit  all  right  or  claim  against  the 
United  States,  derived  from  confirmations  under  this  act  or  any  former 
law. 

SEC.  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  regis-     certificates  to 
ter  of  the  land  office  for  the  Kaskaskia  district,  to  make  out  a  certificate  be  given  by  reg- 
of  confirmation  to  each  person  whose  claim  or  claims  are  confirmed  by  ister  of  land  office 
this  act,  or  by  any  former  law,  within  the  territory  of  Illinois;  audfo.rK.a8ka8^ia 
such  certificate  shall  specify  the  quantity  of  land  confirmed  to  the  dlstnct>  &c- 
holder  thereof,  and  shall  be  sufficient  evidence  of  claim,  within   the 
meaning  of  this  act,  to  entitle  the  owner  or  holder  thereof  to  a  credit 
with  the  receiver  of  public  moneys,  for  the  quantity  of  land  mentioned 
in  such  certificate,  within  the  reserved  tract  aforesaid ;  and  the  register 
of  the  land  office  shall  receive  the  sum  of  seventy-five  cents  from  the 
person  demanding  and  receiving  such  certificate. 

SEC.  8.  And  be  it  further  enacted,  That  patents  shall  be  obtained  for     patents  to  be 
lands  entered  under  this  act,  in  the  reserved  tract  aforesaid,  in  the  same  granted    as    for 
manner'and  on  the  same  terms  as  are  provided  by  law  for  other  public  other  lands, 
lands  of  the  United  States. 

(a)  See  N"os.  191,  324,  325,  327,  329,  331, 337,  338,  352, 438. 

(6)  See  Nos.  328,  330,  332,  334,  337,  338, 339,  341,  351, 360,  370,  374,  389, 432,  433,  440. 


No.  337.— AN  ACT  to  amend  and  extend  the  provisions  of  the  act  of  the  sixteenth  Feb.  27  1815. 
of  April,  one  thousand  eight  hundred  and  fourteen,  entitled  "An  act  confirming  Vol  3  p  218 
certain  claims  to  land  in  the  Illinois  Territory,  and  providing  for  their  location."  


Be  it  enacted  #c.,  That  the  western  boundary  of  the  tract  of  country     Western  boun- 


upo'n  the  river  Mississippi,  to\he  middle  thereof,  so  as  to  include  all  sSsippt  between 
islands  in  said  river,  between  the  middle  and  eastern  margin,  through-  the  middle  and 
out  the  length  of  said  line ;   and   that  all  or  any  of  the  said  islands  eastern  margin 
shall  be  subject  to  be  appropriated  under  the  said  recited  act.  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  proviso  contained  in  the     Proviso    of   a 
fourth  section  of  the  before-recited  act  be  repealed,  so  far  as  it  regards  former    act    re- 
persons  settled  on  fractions  of  sections  or  quarter- sections  containing  Pealed  80  far  w» 
less  than  one  hundred  and  sixty  acres ;  and  that  such  persons  under  the  Iwf^f^tin™ 
like  circumstances  shall  be  considered  as  entitled  to  all  the  rights,  ben-  of  aecWonsT&c 
fits,  and  advantages,  specified  in  the  said  fourth  section,  as  those  set- 
tled on  sections  or  quarter  sections,  and  also,  to  any  right,  privilege,  or 
advantage  secured  by  this  act:  Provided  however,  That  such  persons     Proviso. 


150  ILLINOIS. 

shall  not  be  permitted  in  such  cases  to  take  less  than  the  whole  quan- 

tity of  such  fractional  quarter-section  on  which  they  are  respectively 

settled. 

Settlers  on  SEC.  3.  And  be  it  further  enacted,  That  every  person  or  persons,  who 
lands  reserved  settled  on  and  improved  any  of  the  lands  in  the  said  Territory,  reserved 
for  the  use  of  for  the  use  of  schools  or  seminaries  of  learning,  (fc)  before  the  fifth  day 
to  the  pre  emp  of  February,  one  thousand  eight  hundred  and  thirteen,  and  who  would 
tion  of  the  like  have  had  the  right  of  pre-emption  thereto,  had  not  the  same  been  re- 
quantity  of  other  served  as  aforesaid,  shall  be  entitled  to  the  pre-emption  of  the  like 

q11^1^  of  oth.er  land>  uPon  the  8ame  terms>  and  under  the  same  re- 


. 

the  proper  boun-  strictions,  provided  by  the  fourth  section  of  the  said  recited  act,  to  be 
dary.  located  on  any  lands  within  the  boundary  specified  in  this  and  the  said 

recited  act,  not  otherwise  appropriated  ;  and  such  persons  shall  also  be 
entitled  to  the  benefit  of,  and  subject  to,  the  restrictions  contained  in 
this  act. 

Persons  who  SEC.  4.  And  be  it  further  enacted,  That  all  and  every  person  or  per- 
failed  to  locate  sons  entitled  to  the  pre-emption  of  lands,  under  the  fourth  section  of 
their  claims,  en-  the  before-recited  act,  who  failed  to  locate  their  claims  within  the  time 
emption  upon  limite<i  in  said  act,  and  which  lands  have  been  appropriated  by  others, 
other  unappro-  shall  be  entitled  to  the  pre-emption  of  the  like  quantity,  as  they  could 
priated  1  and  s  have  appropriated  under  the  said  act,  or  under  the  provisions  of  this 
within  the  boun-  act}  to  be  located  on  any  land  within  the  boundary  specified  in  this  and 

the  said  recited  act,  not  previously  appropriated. 

Persons  enti-      SEC.  5.  And  be  it  further  enacted,  That  all  and  every  person  or  persons, 
tied  to  pre-emp-  entitled  to  the  pre-emption  of  lands  under  the  provisions  of  this  actr 
tion  to  be   goy-  8hall  conform  to  and  be  governed  by  the  rules  prescribed  in  the  said    i 
rules        C      im  recited  act>  in  locating,  proving,  and  completing  their  titles  respectively,    ! 

except  in  cases  where  the  same  is  changed  by  this  act. 

Public    notice     SEC.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg- 

to  be  given  that  ister  of  the  land  office  for  the  district  of  Kaskaskia,  to  give  notice  by 

madedto  "^      a.n  advertisement  inserted  for  one  month  in  at  least  one  newspaper  pub- 

lished in  the  said  Territory,  to  all  persons  entitled  to  a  pre-emption  in 

the  purchase  of  any  tract  of  land,  by  virtue  of  this  or  the  before-re- 

cited act,  that  they  may  make  such  purchase,  on  application  to  him  at 

his  office,  on  or  before  the  first  day  of  May,  in  the  year  one  thousand 

Persons  failing  eignfc  hundred  and  sixteen  ;  and  every  person  failing  or  refusing  to  en- 

to  enter  landster  with  the  said  register,  the  land  to  which  the  right  of  pre-emption 

with  the  register,  is  so  secured,  notice  being  given  as  before  mentioned,  within  the  time 

lose  their  right,    aforesaid,  shall  lose  his,  her,  or  their  right  of  pre-emption,  (c) 

Locations   of     SEC.  7.  And  be  it  further  enacted,  That  the  locations  of  any  confirmed 

any  claim  by  au-  claim,  made  bv  virtue  of  any  authority  given  by  the  commissioners  ap- 

£•  pointed  to  examine  the  claims  of  persons  to  land  in  the  Illinois  Ten-i- 

nane n-  tory5  8hall  be>  aljd  fhe  8ame  are  hereby  confirmed  :  Provided,  That  the 

Proviso.  provisions  of  this  section  shall  not  be  so  construed  as  to  extend  to  any 

locations  made   by  any  person  or  persons  without  any  authority  from 

the  commissioners  aforesaid  ;  nor  shall  it  affect  the  claims  of  any  other 

person  or  persons,  (d) 

Commission  on      &EC.  8.  And  be  it  further  enacted,  That  the  register   and  receiver  of 

confirmed  claims,  public  moneys  of  the  land  office  at  Kaskaskia,  shall  be  allowed  the  same 

to  the    commis-  commission  respectively,  on  the  confirmed  claims   which  have  been  or 

Ma061  IS"  sba11  be  received  in  payment  for  land  entered  at  the  said  office,  as  they 

are  now  entitled  to,  on  moneys  received  in  payment  for  lands  sold,  cal- 

culating the  value  of  the  confirmed  claims  .at  the  rate  of  two  dollars 

per  acre. 

Ann    Gilham      SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  Ann  Gil- 

Sfna^roor'^J  Dam  to  locate  anv  unappropriated  quarter-section  within  the  Illinois 

quarter-section.    Territory,  and  whenever  the  said  Ann  Gilham  shall  enter  with  the  reg- 

ister of  the  land  office  at  Kaskaskia,  any  unappropriated  quarterrsec- 

tion,  it  shall  be  the  duty  of  the  register  to  issue  to  the  said  Ann  Gil- 

ham,  a  certificate,  specifying  therein  the  quarter-  section  so  located  :  and 

it  shall  be  duty  of  the  Commissioner  of  the  General  Land  Office  to  issue 

a  patent  for  the  land  so  located,  whenever  the  certificate  aforesaid  shall 

be  presented  to  him  for  that  purpose. 

(a)  See  Nos.  326,  346,  347,  378,  394. 

(b)  See  Nos.  338,  342,  346,  356,  408,  413,  418,  443,  444. 

(c)  See  Nos.  328,  330,  332,  334,  336,  338,  339,  341,  351,  360,  370,  374,  389,  432,  433,  440. 

(d)  See  Nos.  191,  324,  325,  327,  329,  331,  336,  338,  352,  438. 


ILLINOIS.  151 

NO.  338.— AN  ACT  making  further  provision  for  settling  claims  to  land  in  the  Ter-     April  26, 1816. 
ritory  of  Illinois.  Vol.  3,  p.  307. 


Be  it  enacted,  tf  c.,  That  everv  person,  and  the  legal  representatives  of    Further    time 
every  person,  who,  before  the"fif th  day  of  February,  one  thousand  eight  allowed    to   cer- 
hundred  and  thirteen,  settled  on  and  improved  any  tract  of  land  re-  Jg™  pSSitoSmds 
served  for  the  use  of  schools  or  seminaries  of  learning,  and  who,  had  Of    lne     United 
not  the  same  been  reserved,  would  have  had  the  right  of  pre-emption  States  for  mak- 
within  the  tract  of  country  set  apart  by  the  third  section  of  the  act  of  ing    g°od    their 
the  sixteenth  day  of  April,  one  thousand  eight  hundred  and  fourteen,  Jjiht"6m 
entitled  "  An  act  confirming  certain  claims  to  land  in  the  Illinois  Terri- 
tory, and  providing  ior  their  location,"  to  satisfy  the  unlocated  claims 
to  land  in  the  said  territory,  shall  be,  and  they  hereby  are  authorized 
and  allowed,  until  the  first  day  of  October,  one  thousand  eight  hundred 
and  sixteen,  to  enter  the  same,  for  purchase,  with  the  register  and  re- 
ceiver of  public  moneys  of  the  laud  office  at  Kaskaskia ;  and  it  shall 
be  the  duty  of  the  register  and  receiver  to  enter  the  same  for  purchase, 
according  to  the  provisions  of  this  and  the  said  recited  act:  Provided, 
That  such  person  or  persons  shall  not  have  entered,  in  right  of  pre- 
emption, other  lands  in  lieu  thereof,  in  virtue  of  the  third  section  of  an 
act  to  amend  the  aforesaid  act,  passed  the  twenty-seventh  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  fifteen. 

SE*C.  2.  And  be  it  further  enacted,   That  the  register  and  receiver  of    Register   and 
public  money  shall  have  power,  and  they  are  hereby  authorized  to  select  Deceiver  of  pub- 
any  other  vacant  and  unappropriated  lands  within  the  tract  set  apart  j^  ^  select  oth- 
to  satisfy  confirmed  claims  as  aforesaid,  in  lieu  of  such  of  the  lands  er  lands    than 
formerly  reserved  for  a  seminary  of  learning,  and  for  the  support  of  those  settled  up- 
schools,  as  have  been  appropriated  in  satisfaction  of  ancient  grants  or  °^r  anj|  reserved 
confirmed  improvement  claims,  or  as  shall  be  entered  in  right  of  pre-  schools,  &c8,6  for 
emptiou,  according  to  the  provisions  of  the  preceding  section  of  this  satisfying    'the 
act :  Provided,  That  the  lands  thus  to  be  selected  shall  be  taken  as  near  pre-emption, 
adjacent  to  those  in  lieu  of  which  they  are  selected  as  an  equal  quan-     Provi8°- 
tity  of  land  of  like  quality  can  be  obtained,  and  shall  be  reserved  and 
appropriated  for  the  same  purpose,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  the  provisions  of  the  second  Provisions  of 
section  of  an  act  passed  the  twenty-seventh  day  of  February,  one act°of  1815  toex- 
thousand  eight  hundred  and  fifteen,  respecting  the  settlers  on  the  frac-  tend  to  settlers 
tional  sections  and  quarter- sections  within  the  aforesaid  reserved  tract,  on  a  fractional 
shall  extend  to  all  other  settlers  on  the  fractional  section  or  quarter-  section  within 
sections  within  the  Kaskaskia  district.  dfetrio? askaskia 

SEC.  4.  And  be  it  further  enacted,  That  all  the  claims  filed  in  the  name  claim's  report- 
of  the  original  claimants,  or  their  heirs,  not  exceeding  four  hundred  ed  by  Michael 
acres,  contained  in  a  list  transmitted  to  the  Commissioner  of  the  Gen-  Jones,  register, 


eral  Land  Office,  by  Michael  Jones,  register,  and  S.  Bond,  receiver  of  JgJJ- 

>f  the  land  office  of  the  district  of  Kaskaskia,  bearing  ed. 
w  -ninth  day  of  March,  one  thousand  eight  hundred  and 
fifteen,  be,  and  they  hereby  are  confirmed  to  the  original  claimants  or 

'fVlOIT*     lliilVu    •         P/*»/\/lM,-?/j/7          rPl-»oi-       +V»£i        Cjrt-i/1        rtlniVYlCI        TlOfoVkTT     /»r\Yl-flT»m£k/1         \\tl        t*-r\f\ 


ooSn 
full 


their  heirs :  Provided,  That  the  said  claims,  hereby  confirmed,  be,  and    Proviso, 
they  hereby  are  deemed  and  taken  to  be  unlocated  claims,  and  they  shall 
not  in  any  wise  defeat  or  interfere  with  locations  made  in  virtue  of  other 
authorized  claims  on  lands  improved  by  the  said  claimants  or  others. 
SEC.  5.  And  be  it  further  enacted,  That  the  claimants  whose  claims  are     Further     time 
nfirmed  by  virtue  of  the  fourth  section  of  this  act,  and  all  others  law-  allowed  to  claim- 
lly  holding  confirmed  unlocated  claims  for  lands  within  the  tract  re-  ants  to  register 
served  by  the  before-recited  act  of    the  sixteenth  day  of   April,  one  their  claims- 
thousand  eight  hundred  and  fourteen,  be  allowed  until  the  first  day  of 
October,  one  thousand  eight  hundred  and  sixteen,  to  register  the  same : 
and  the  said  claims  shall  be  receivable  in  payment  for  public  lands, 
within  the  said  reserved  tract,  conformably  with  the  provisions  of  the 
last  above-mentioned  act,  and  of  the  present  act,  any  time  prior  to  the 
"  rst  day  of  October,  one  thousand  eight  hundred  and  sixteen.  (6) 
SEC.  6.  And  be  it  further  enacted,  That  all  persons,  or  their  legal  repre-     Further     time 
tatives,  entitled  to  the  right  of  pre-emption  of  lands  within  the  allowed  for  mak- 
undary  specified  in  the  before-recited  act  of  the  sixteenth  day  of  J.nhge  6S!t 
April,  one  thousand  eight  hundred  and  fourteen,  which  lands  have  not  land  office, 
been  surveyed  under  the  authority  of  the  United  States,  shall  be,  and 
they  hereby  are  allowed,  a  further  time  for  making  their  entries  with 
the  register  of  the  land  office,  until  the  lands  upon  which  they  have 
respectively  settled  and  improved  bhall  be  surveyed  by  the  United 
States,  and  until  the  expiration  of  six  months  next  thereafter,  (c) 


152  ILLINOIS. 

Persons  whose  SEC.  7.  And  be  it  further  enacted,  That  every  person  and  the  ~&^  ^1,- 
feted*  t<KrecPiv'"  re8.entative  of  every  person,  whose  claim  to  a  tract  of  land  within  the 
certificates  *Jo  Illinois  Territory  is  confirmed  by  this  or  any  former  act,  and  who  has  not 
that  effect.  previously  obtained  a  patent  for  the  same  from  the  governor  either  of 

the  territory  northwest  of  the  Ohio,  or  of  the  Indiana  Territory,  shall, 
Fee  of  office  to  whenever  his  claim  shall  have  been  located  and  surveyed,  be  entitled  to 
the  register.         receive  from  the  register  of  the  land  office  at  Kaskaskia  a  certificate 
stating  that  the  claimant  is  entitled  to  receive  a  patent  for  such  tract 
of  land  by  virtue  of  this  act,  for  which  certificate  the  register  shall  re- 
ceive one  dollar;  and  which  certificate  shall  entitle  the  party  to  a 
patent  for  the  said  tract,  which  shall  issue  in  like  manner  as  is  provided 
by  law,  for  lands  purchased  of  the  United  States. 

(a)  See  Xos.  337,  342,  346,  356,  408,  413,  418,  443,  444. 

(&)  See  Nos.  191,  324,  325,  327,  329,  331,  336,  337,  352,  438. 

(c)  See  Nos.  328,  330,  332,  334,  336,  337,  339,  341,  351,  360,  370,  374,  389,  432,  433,  440. 


April  29,  181«.    No.  339.— AX  ACT  to  establish  a  land  district  in  Illinois  Territory,  north  of  dis- 
Vol.  3,  p.  323.  trict  of  Kaskaskia. 


New  land  dis-  Be  it  enacted,  <f  c.,  That  so  much  of  the  public  lands  of  the  United 
tact  created.  States,  heretofore  included  within  the  land  district  of  Kaskaskia,  and 
lying  north  of  the  base  line  in  Illinois  Territory,  shall  form  a  new  land 
district,  for  the  disposal  of  the  said  lands,  and  for  which  purpose  a  land 
office  shall  be  established  at  Edwardsville,  Madison  County,  under  the 
direction  of  the  register  of  the  land  office  and  receiver  of  public  moneys 
to  be  appointed  for  that  purpose,  who  shall  reside  at  the  place  ;  give 
security  in  the  same  manner  and  in  the  same  sums,  and  whose  compen- 
sation, emoluments,  duties  and  authority  shall  in  every  respect  be  the 
same  in  relation  to  the  lands  which  shall  be  disposed  of  at  their  office,  as 
are  or  may  be  by  law  provided  in  relation  to  the  registers  and  receivers 
of  public  moneys  in  the  several  offices,  established  for  the  disposal  of 
the  lands  of  the  United  States,  northwest  of  the  river  Ohio,  (a) 

Terms    upon     SEC.  2.  And  be  it  further  enacted,  That  the  said  lands  shall  be  disposed 

which  lands  are  of  in  the  same  manner,  and  on  the  same  terms  and  conditions,  as  are  or 

to  be  disposed  of .  raay  i>e  provided  by  law  for  the  sale  of  public  lands,  in  the  district  of 

Kaskaskia,  provided  that  no  tract  of  land,  excepted  from  the  sale  by 

virtue  of  any  former  act,  shall  be  sold  by  virtue  of  this  act.  (6) 

(a)  See  Xos.  196,  332,  350,  360,  363,  374,  383,  389,  449. 

(b)  See  Nos.  328,  330,  332,  334,  336,  337,  338,  341,  351,  360,  370,  374,  389,  432,  433,  440. 


April  29,  1816.    No.  34O.—  AN  ACTto  provide  for  the  appointment  of  astirveyorof  the  public  lands 
Vol.  3,  p.  325.  in  the  Territories  of  Illinois  and  Missouri. 

Surveyor  of  £e  ^  ewctc^>  $c">  That  a  surveyor  of  the  lands  of  the  United  States  in 
public  lands  in  the  Territories  of  Illinois  and  Missouri  shall  be  appointed,  whose  duty 
the  Territories  of  it  shall  be  to  engage  a  sufficient  number  of  skilful  surveyors  as  his  depu- 
Illinois  and  Mis-  ties,  and  to  cause  so  much  of  the  land  above  mentioned,  as  the  President 
po?nted°  his  du- of  the  United  States  shall  direct,  and  to  which  the  titles  of  the  Indian 
ties.  tribes  have  been  extinguished,  to  be  surveyed  and  divided  in  the  manner, 

and  to  do  and  perform  all  such  other  acts  in  relation  to  such  lands,  as 
the  surveyor-general  is  authorized  and  directed  to  do,  in  relation  to  the 
same,  or  the  lands  lying  northwest  of  the  river  Ohio :  and  it  shall  also 
be  the  duty  of  the  surveyor  to  cause  to  be  surveyed  the  lands  in  the 
said  Territories,  the  claims  to  which  have  been  or  hereafter  may  be 
confirmed  by  any  act  of  Congress,  which  have  not  already  been  surveyed 
Duties.  according  to  law  :  and  generally  to  do  and  perform  all  and  singular  the 

duties  required  by  law  to  be  performed  by  the  principal  deputy  surveyor 
for  the  Territory  of  Missouri ;  and  shall  transmit  to  the  registers  of  the 
land  offices  within  the  said  Territories,  respectively,  general  and  particu- 
lar plats  of  all  the  lands  surveyed,  or  to  be  surveyed,  and  shall  also  for- 
ward copies  of  said  plats  to  the  Commissioner  of  the  General  Land 
Office  ;  fix  the  compensation  of  the  deputy  surveyors,  chain-carriers,  and 
Proviso.  axe-men.  Provided,  That  the  whole  expense  of  surveying  and  marking 

the  lines  shall  not  exceed  three  dollars  for  every  mile  that  shall  be  run, 
surveyed  and  marked. 

His  compensa-      SEC.  2.  And  be  it  further  enacted,  That  the  surveyor  of  the  lands  of  the 

tion,  annnal,  and  jjmted  States,  appointed  in  pursuance  of  this  act,  shall  be  allowed  an 

ice*        annual  compensation  of  one  thousand  dollars,  and  shall  be  entitled  to 

receive  from  individuals  the  following  fees :  that  is  to  say,  for  recording 


ILLINOIS.  153 

the  surveys  executed  by  any  of  the  deputies,  at  the  rate  of  twenty-five 
cents  for  evey  mile  of  the  boundary  line  of  such  survey,  and  for  a  certi- 
fied copy  of  a  plat  of  a  survey  in  his  office  twenty-five  cents,  and  that 
all  the  plats  of  surveys,  and  all  other  papers  and  documents  pertaining, 
or  which  did  pertain  to  the  office  of  the  surveyor-general  under  the 
Spanish  Government  within  the  limits  of  the  Territory  of  Missouri,  or  to 
theojfice  of  principal  deputy  surveyor  for  said  Territory,  or  pertaining 
to  tne  office  of  surveyor-general,  or  to  any  office  heretofore  established 
or  authorized  for  the  purpose  of  executing  or  recording  surveys  of  lands 
within  the  limits  of  the  Territories  of  Missouri  and  Illinois,  shall  be  de- 
livered to  the  surveyors  of  the  lands  of  the  United  States,  authorized  to 
be  appointed  by  this  act ;  and  any  plat  of  survey  duly  certified  by  the  5" v? 
':  said  surveyor  shall  be  admitted  as  evidence  in  any  of  the  courts  of  the  evidence. 
United  States  or  Territories  thereof,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  act  entitled  "  An    Part  of  the  act 
act  extending  the  powers  of  the  surveyor-general  to  the  Territory  of  of  Feb.  as,  1800, 
Louisiana,  and  for  other  purposes,"  passed  February  twenty-eighth,  one  re] 
thousand  eight  hundred  and  six,  as  provides  for  the  appointment  of  a 
principal  deputy  surveyor,  and  so  much  of  any  act  of  Congress  here[to]- 
fore  passed,  as  is  repugnant  to,  or  inconsistent  with,  any  provision  of 
this  act,  be,  and  the  same  is  hereby  repealed. 

(a)  See  Nos.328,  333,  342, 344,  370, 386. 


IVo.  341. — AN  ACT  concerning  pre-emption  rights  given  in  the  purchase  of  lands  April  29, 1£16 
to  certain  settlers  in  the  State  of  Louisiana,  and  in  the  Territory  of  Missouri  and  Vol.  3,  p.  330. 
Illinois. 

[See  LOUISIANA,  No.  729.] 


i\o.  342.— AN  ACT  to  authorize  the  survey  of  two  millions  of  acres  of  the  public     April  29, 1816. 
lands,  in  lieu  of  that  quantity  heretofore  authorized  to  be  surveyed,  in  the  Territory     Vol.  3,  p.  332. 
of  Michigan,  as  military  bounty  lands. 

Be  it  enacted,  <fc.,  That  so  much  of  the  "Act  to  provide  for  designat-     Repeal  of  part 
ing,  surveying,  and  granting  the  military  bounty  lands,"  approved  the 
sixth  day  of  May,  one  thousand  eight  hundred  and  twelve,  as  authorizes 
the  President  of  the  United  States  to  cause  to  be  surveyed  two  millions 
of  acres  of  the  lands  of  the  United  States,  in  the  Territory  of  Michigan, 
for  the  purpose  of  satisfying  the  bounties  of  land  promised  to  the  non- 
commissioned officers  and  soldiers  of  the  United  States,  be,  and  the 
same  is  hereby  repealed ;  and  in  lieu  of  the  said  two  millions  of  acres 
of  land,  the  President  of  the  United  States  be,  and  he  is  hereby  author- 
ized to  cause  to  be  surveyed,  of  the  lands  of  the  United  States  fit  for 
cultivation,  not  otherwise  appropriated,  and  to  which  the  Indian  title 
.8  extinguished,  one  million  five  hundred  thousand  acres  in  the  Illinois 
Territory,  and  five  hundred  thousand  acres  in  the  Missouri  Territory, 
lorth  of  the  river  Missouri ;  the  said  lands  shall  be  divided  into  town- 
hips,  and  subdivided  into  sections  and  quarter- sections,  (each  quarter- 
ection  to  contain,  as  near  as  possible,  one  hundred  and  sixty  acres,) 
n  the  manner  prescribed  by  law  for  surveying  and  subdividing  the 
)ther  lands  of  the  United  States,  (a)  and  the  lands  thus  surveyed,  with 
he  exception  of  the  salt  springs  (6)  and-lead  mines  (c)  therein,  and  of  the 
luautities  of  land  adjacent  thereto  as  may  be  reserved  for  the  use  of 
Jie  same  by  the  President  of  the  United  States,  and  the  section  num- 
>er  sixteen  in  every  township,  to  be  granted  to  the  inhabitants  of  such 
ownship  for  the  use  of  public  schools,  (d!)  shall,  according  to  the  proyis- 
ons  of  the  above-recited  act,  be  set  apart  for  the  purpose  of  satisfying 
he  bounties  of  land  promised  to  the  non-commissioned  officers  and 
oldiers  of  the  late  army  of  the  United  States,  their  heirs  and  legal 
epreseatatives,  by  the  act  entitled  "An  act  for  completing  the  existing 
military  establishment,  approved  the  twenty- fourth  day  of  December, 
ue  thousand  eight  hundred  and  eleven,  and  by  the  act,  entitled  "An 
2.ct  to  raise  an  additional  military  force,"  approved  the  eleventh  day  of 
January,  one  thousand  eight  hundred  and  twelve. 

SEC.  2.  And  be  it  further  enacted,  That  every  person  in  whose  favour  Sections  to  be 
ny  warrant  for  military  land  bounty  is  issued,  shall  be,  and  is  hereby  drawn  by  lot,  and 
uthorized,  to  draw  by  lot  one  of  the  quarter-sections  surveyed  by  virtue  patents  to  be  is- 
f  this  act,  and  shall  obtain  a  patent  therefor,  in  the  same  manner,  in  8uedt 


154  ILLINOIS. 

every  respect,  as  is  or  shall  be  provided  by  law  for  patents  to  issue  for 
other  military  land  bounties,  or ,  as  is  provided  by  the  act  first  above 
recited  for  patents  to  issue  for  such  lands,  (e) 

(a)  See  Nos.  328,  333,  340,  344,  370,  386. 

(6)  See  Nos.  346,  369,  375,  379,  426,  445. 

(c)  See  No.  421. 

(d)  See  Nos.  337,  333,  346,  356,  408,  413,  418,  443,  444. 

(e)  See  Nos.  333,  343,  346,  353,  372,  407. 


March  27, 1818-  No.  343.— AN  ACT  extending  the  time  for  obtaining  military  land- warrants  in  cer- 
Vol.  3,  p.  411.  tain  cases. 


[See  MICHIGAN,  No.  461a.  J 


April  3, 1818.      No.  344.— AN  ACT  allowing  additional  salary  and  clerk  hire  to  the  surveyor  for 
Vol.  3,  p.  412.  the  Illinois  and  Missouri  Territories,  and  for  others  purposes. 

Surveyor  eTf  Be  it  enacted,  #c.,  That  the  surveyor  of  the  lands  of  the  United  States 
lands  in  Illinois  in  the  Territories  of  Illinois  and  Missouri,  shall  hereafter  be  allowed  an 
and  Missouri  al-  annual  compensation  of  two  thousand  dollars,  in  lieu  of  the  compensa- 

annum^in°0li?ur  tion  now  tixed  ty"  law'  and  sha11  also  be  allowed  tnree  clerks,  whose 
&c>  '  whole  compensation  shall  not  exceed  two  thousand  dollars  per  annum,  (a) 

Three  clerks,  SEC.  2.  And  be  it  further  enacted,  That  the  accounting  officers  of  the 
&c.  Treasury  Department  be  authorized  to  adjust  and  settle  the  accounts 

ficersC°Uonf 1D?  h  e  of  William  Kector,  for  his  services  as  principal  deputy  surveyor,  and 
Treasury  to  set-  surveyor  of  the  Illinois  and  Missouri  Territories,  and  to  allow  him,  in 
tie  the  accounts  addition  to  his  salary  as  fixed  by  law,  the  following  fees,  that  is  to  say: 
of  William  Eec-  for  examining  and  recording  the  surveys  executed  by  any  of  his  depii- 
hini  athe  f  e°es  t*es>  at  tne  rate  of  twenty-five  cents  for  every  mile  of  the  boundary  line 
specified,  in  ad- of  *^e  surveys  executed  under  his  direction  in  the  offices  aforesaid : 
dition  to'salary.  Provided,  The  allowance  shall  not  be  made  on  the  surveys  of  private 

Proviso:  no  al-  claims  in  any  case  where  he  has  received,  or  is  entitled  to  receive,  siini- 
heTas6  reeled lar  fees  from  individuals, 
similar  fees  from      (a)  See  Nos.  328,  333,  340,  342,  370, 386. 
individuals. 

April  3, 1818.  No.  345.— AN  ACT  for  the  relief  of  John  Small. 

Vol.  6,  p.  201. 

Be  it  enacted,  <$-c.,  That  John  Small  be,  and  he  hereby  is,  confirmed  in 


Land  title  con-  his  title  to  a  tract  of  land,  containing  two  hundred  and  fifty-five  acres, 
situated  on  Embarass  Creek,  in  the  Illinois  Territory,  as  the  assignee  of 
Nicholas  Bayarjon  ;  which  tract  shall  be  limited  to  the  quantity  afore- 
said, and  to  the  boundaries  as  claimed  by  said  Bayarjon. 

April  18, 1818.    No.  346.— AN  ACT  to  enable  the  people  of  the  Illinois  Territory  to  form  a  coiistitu- 
Vol.  3,  p.  428.         tion  and  State  government,  and  for  the  admission  of  such  State  into  the  Union  on 
an  equal  footing  with  the  original  States. 

The  inhabi-  Be  it  enacted,  fc.,  That  the  inhabitants  of  the  Territory  of  Illinois  be, 
tants  of  Illinois  and  they  are  hereby,  authorized  to  form  for  themselves  a  constitution 
for  aZco  sftt0  an(^  State  government,  and  to  assume  such  name  as  they  shall  deem 
tion,  &c.  "proper;  and  the  said  State,  when  formed,  shall  be  admitted  into  the 

The  State  to  be  Union  upon  the  same  footing  with  the  original  States,  in  all  respects 
admitted  into  the  whatever. 

Union,  &c.  gEC  2.  And  be  it  further  enacted,  That  the  said  State  shall  consist  of 

Boundaries   of  all  the  territory  included  within  the  following  boundaries,  to  wit ; 
Beginning  at  the  mouth  of  the  Wabash  River ;  thence,  up  the  same, 
and  with  the  line  of  Indiana,  to  the  northwest  corner  of  said  State ; 
thence,  east  with  the  line  of  the  same  State,  to  the  middle  of  Lake 
Michigan  ;  thence,  north  along  the  middle  of  said  lake,  to  north  lati- 
tude forty-two  degrees  thirty  minutes ;  thence,  west  to  the  middle  of 
the  Mississippi  River ;  and  thence,  down  along  the  middle  of  that  river, 
to  its  confluence  with  the  Ohio  River ;  and  thence,  up  the  latter  river, 
Proviso :     the  along  its  northwestern  shore,  to  the  beginning :  Provided,  That  the  con- 
convention      to  vention  hereinafter  provided  for,  when  formed,  shall  ratify  the  bound- 
ratify  the  bound-  arie8  aforesaid ;  otherwise  they  shall  be  and  remain  as  now  prescribed 
wnfremain  as  by  ^v  tne  ordinance  for  the  government  of  the  territory  northwest  of  the 
ordinance.  river  Ohio :  Provided  also,  That  the  said  State  shall  have  concurrent 

jurisdiction  with  the  State  of  Indiana  on  the  Wabash  River,  so  far  as 


ILLINOIS.  155 

said  river  shall  form  a  common  boundary  to  both,  and  also  concurrent    Proviso:    con- 
jurisdiction  on  the  Mississippi  River,  with  any  State  or  States  to  be  gj£ej*  jg"  Wa" 
formed  west  thereof,  so  far  as  said  river  shall  form  a  common  boundary  basll< 
to  both,  (a)  •  And  also  on  tho 

SEC.  6.  And  be  it  further  enacted,  That  the  following  propositions  be  Mississippi, 
and  the  same  are  hereby,  offered  to  the  convention  of  the  said  Territory  0g£rreQp ^  {°he 
of  Illinois,  when  formed,  for  their  free  acceptance  or  rejection,  which  if  convention  of  II- 
accepted  by  the  convention,  shall  be  obligatory  upon  the  United  States  linois. 
and  the  said  State. 

First.  That  section  numbered  sixteen,  in  every  township,  and,  when  .  Section  No.  16, 
said  section  has  been  sold  or  otherwise  disposed  of,  other  lands  equiva-  ahipeve^     fc^r 
lent  thereto,  and  as  contiguous  as  may  be,  shall  be  gran  ted  to  the  State,  schools, 
for  the  use  of  the  inhabitants  of  such  township,  for  the  use  of  schools.  (&)     gait      springs 

Second.  That  all  salt  springs  within  such  State,  and  the  land  reserved  and  land  reserv- 
for  the  use  of  the  same,  shall  be  granted  to  the  said  State,  for  the  use  ed,  &c.,  granted 
of  the  said  State,  and  the  same  to  be  used  under  such  terms,  and  condi- to  tne  state'  &c> 
tions,  and  regulations,  as  the  legislature  of  the  said  State  shall  direct : 
Provided,  The  legislature  shall  never  sell  nor  lease  the  same  for  a  longer    Proviso, 
period  than  ten  years,  at  any  one  time,  (c) 

Third.  That  five  per  cent,  of  the  net  proceeds  of  the  lands  lying  within     rive  per  cent, 
such  State,  and  which  shall  be  sold  by  Congress,  from  and  alter  the  first  net  proceeds  of 
day  of  January,  one  thousand  eight  hundred  and  nineteen,  after  deduct-  Jale,8   0^th?uljijc 
iog  all  expenses  incident  to  the  same,  shall  be  reserved  for  the  purposes  s^ate  reserved.  6 
following,  viz :  two-fifths  to  be  disbursed,  under  the  direction  of  Con-     Two-fifths   for 
gress,  in  making  roads  leading  to  the  State  ;  the  residue  to  be  appro-  roads, 
priated,  by  the  legislature  of  the  State,  for  the  encouragement  of  learn-     Tho  residue  to 
ing,  of  which  one-sixth  part  shall  be  exclusively  bestowed  on  a  college  ing°&cag° 
or  university,  (d) 

Fourth.  That  thirty -six  sections,  or  one  entire  township,  which  shall     Thirty-six  sec- 
he  designated  by  the  President  of  the  United  States,  together  with  the  SS?of2iw8n«r? 
one  heretofore  reserved  for  that  purpose,  shall  be  reserved  for  the  use  Of  learning. 
of  a  seminary  of  learning,  and  vested  in  the  legislature  of  the  said  State, 
to  be  appropriated  solely  to  the  use  of  such  seminary  by  the  said  legis- 
lature, (e)    Provided  always,  That  the  four  foregoing  propositions,  herein 
offered,  are  on  the  conditions  that  the  convention  of  the  said  State  shall    Proviso, 
provide,  by  an  ordinance  irrevocable  without  the  consent  of  the  United 
States,  that  every  and  each  tract  of  land  sold  by  the  United  States,  from    Lands  sold  by 
and  after  the  first  day  of  January,  one  thousand  eight  hundred  and  the  United  States 
nineteen,  shall  remain  exempt  from  any  tax  laid  by  order,  or  under  any  shall  be  free  from 
authority  of,  the  State,  whether  for  State,  county,  or  township,  or  any  *  Ja,8e  8 
other  purpose  whatever,  for  the  term  of  five  years  from  and  after  the    And  military 
day  of  sale :  (/)  And  further,  That  the  bounty  lands  granted,  or  hereafter  bounty    lands 
to  be  granted,  for  military  services  during  the  late  war,  shall,  while  they  ^M1°     bb.I(l    by 
continue  to  be  held  by  the  patentees,  or  their  heirs,  remain  exempt,  as  SeirhSSto  be 
aforesaid,  from  all  taxes,  for  the  term  of  three  years,  from  and  after  free  from  taxes 
the  date  of  the  patents  respectively  :  and  that  all  the  lands  belonging  f°r  three  j  ears. 
to  the  citizens  of  the  United  States,  residing  without  the  said  State,  «$**:,*?***?* 
shall  never  be  taxed  higher  than  lands  belonging  to  persons  residing  not  to  be  taxed 
therein,  (g)  higher  than  those 

(a)  See  ISTos.  326,  337,  347,  378,  394.  of  residents. 

(6)  See  Nos.  337,  338,  342,  356,  408,413,  418,  443,  444. 

(c)  See  Nos.  342,  369,  375,  379,  426  445 

(d)  See  Nos.  355,  373. 

(e)  See  No.  377. 
(/)  See  No.  169. 
(<7)  See  No.  425. 


I 


o.  347.-RESOLUTION  declaring  the  admission  of  the  State  of  Illinois  into  the     Dec-  3, 1818. 

Union.  ^ol-  3»  P-  S36« 


Resolved,  $-c.,  That,  whereas,  in  pursuance  of  an  act  of  Congress,  passed  Preamble, 
on  the  eighteenth  day  of  April,  one  thousand  eight  hundred  and  eight- 
een, entitled  "  An  act  to  enable  the  people  of  the  Illinois  Territory  to 
form  a  constitution  and  State  government,  and  for  the  admission  of  such 
State  into  the  Union,  on  an  equal  footing  with  the  original  States,"  the 
people  of  said  Territory  did,  on  the  twenty-sixth  day  of  August,  in  the 
present  year,  by  a  convention  called  for  that  purpose,  form  for  them- 
selves a  constitution  and  State  government,  which  constitution  and 
State  government,  so  formed,  is  republican,  and  in  conformity  to  the  , 
principles  of  the  articles  of  compact  between  the  original  States  and 
the  people  and  States  in  the  territory  northwest  of  the  river  Ohio, 
passed  on  the  thirteenth  day  of  July,  one  thousand  seven  hundred  and 


156  ILLINOIS. 

* 

Illinois  a  State  eighty-  seven  :    Resolved,  $-c.,  That  the  State  of  Illinois  shall  be  one,and 
of  the  Union,  on  is  hereby  declared  to  be  one,  of  the  United  States  of  America,  and  ad- 
an  equal  footing.  mjtted  into  the  Union  on  an  equal  footing  with  the  original  States,  in 
all  respects  whatever,  (a) 
(a)  See  Nos.  326,  337,  346,  378,  394. 

March  3,  1619.    No.  348.— AN  ACT  granting  a  donation  of  land  to  the  State  of  Illinois,  for  the  seat 
Vol.  3,  p.  525.  of  government  of  said  State. 


Four    sections      Be  «'*  enacted,  $c.,  That  there  shall  be  granted  to  the  State  of  Illinois 
granted    to  llli-  four  sections  of  land,  or  contiguous  quarter- sections  and  fractions,  not 
nois  for  a  seat  of  exceeding  the  quantity  contained  in  four  entire  sections,  for  the  pur- 
pose  of  fixing  thereon  the  seat  of  government  for  the  said  State ;  which 
JSaSftS?  lands  8ha11  be  ^^ted  in  the  manner  provided  by  the  thirtieth  section 
Proviso  of  the  8chedule  to  the  constitution  of  the  said  State:  Provided,  That 

such  selection  shall  be  made  before  the  public  sale  of  the  adjoining  pub- 
lic lands  shall  have  taken  place,  (a) 

(a)  See  No.  356. 

May  1, 1820.       Wo»  349.— AN"  ACT  confirming  the  proceedings  of  the  inhabitants  of  the  village  of 
Vol  e'p  242          Cahokia,  in  the  State  of  Illinois,  in  laying  out  a  town  on  the  commons  of  said 
'    >y'  village. 


Proceedings  of  Be  it  enacted,  ^e..  That  the  proceedings  of  the  inhabitants  of  the  vil- 
inhabitants  of  lage  of  Cahokia,  in  the  State  of  Illinois,  by  their  agents,  Jesse  B.Thomas, 
in  out'  Illinois  Jonn  Hav>  Jonn  Havs>  Nicholas  Jarrot,  and  Francis  Turcotte,  in  laying 
City  and  distrib- oat  a  town  called  Illinois  City,  on  one  of  the  tracts  of  land  confirmed  to 
rating  lots,  con-  them  as  a  common,  by  an  act  of  Congress,  passed  on  the  twentieth  Feb- 
firmed.  ruary,  one  thousand  eight  hundred  and  twelve,  and  the  distribution 

made  by  the  said  agents,  of  the  lots  amongst  the  inhabitants  of  said  vil- 
lage of  Cahokia,  be,  and  the  same  are  hereby,  confirmed. 

J.  B.  Thomas  SEC.  2.  And  be  it  further  enacted,  That  the  said  Jesse  B.  Thomas,  John 
and  others  au-  Hay,  John  Hays,  Nicholas  Jarrot,  and  Francis  Turcotte,  or  any  three  of 
vevThe  lots  dis- them  be>  and  thev  are  hereby,  authorized  to  convey,  by  deed,  infee-sim- 
tributed  by  deed  ple>  the  lots  that  have  heretofore  been  distributed  as  aforesaid,  to  those 
in  tee-simple.  persons,  or  their  legal  representatives,  to  whom  distribution  as  aforesaid 
was  made. 


May  11  1820.      No.  350.— AN  ACT  to  establish  additional  land  offices  in  the  States  of  Alabama 
Vol.  3,  p.  571.  and  Illinois. 

[See  ALABAMA,  No.  1456.] 


May  11,  1820.     No.  35  1.—  AN  ACT  for  the  relief  of  certain  settlers  in  the  State  of  Illinois  who  re- 
Vol.  3,  p.  573.  side  within  the  Vincennes  land  district. 

w~h~o     ~^e  ^  ^nac^)  <$'c'i  That  every  person,  who  would  have  been  entitled 


would  have  been  to  the  right  of  pre-emption,  according  to  the  provisions  of  the  act,  en- 

entitled  to  right  titled  "An  act  giving  the  right  of  pre-emption  in  the  purchase  of  lauds 

of    pre-emption,  to  certain  settlers  in  the  Illinois  Territory,"  passed  February  the  fifth, 

certificate  for  the  one  thousand  eight  hundred  and  thirteen,  provided  said  act  had  been 

excess  paid  above  so  construed  as  to  embrace  those  who  were  living  within  the  limits  of 

§2  per  acre,  &c.     the  Vincennes  land  district,  and  who  became  the  purchaser,  at  public 

sale,  of  the  said  land,  to  which  the  right  of  pre-emption  would  have 

so  attached,  at  more  than  two  dollars  per  acre,  shall  be  entitled  to  a 

Certificate  re-  certificate  for  the  amount,  so  paid  o»to  be  paid,  exceeding  two  dollars 
ceivable  in  pay-  per  acr€s  from  tne  register  of  the  land  office  at  Vinceunes  ;  which  cer- 
Un?ted  states^?  tificate  shall  be  receivable  in  payment  of  any  debt  due  to  the  United 
land.  States  on  account  of  the  sale  of  public  land:  Provided,  however  ,  That 

Proviso.  it  shall  be  the  duty  of  every  person  claiming  the  benefit  of  this  act, 

to  prove,  to  the  satisfaction  of  the  register  and  receiver  of  the  land  of- 
fice at  Vincennes,  that  they  are  entitled  thereto,  according  to  its  true 

Persons     who  intent  and  meaning. 

would  have  been  SEC.  2.  And  be  it  further  enacted,  That  every  person  who  would  have 
entitled,  &c.,  who  been  entitled  to  the  right  of  pre-emption  in  the  said  Viucennes  district, 
were  not  pur-  ac  cording  to  the  provisions  of  the  said  recited  act,  passed  the  fifth  day 
tfflSept.  1  JiSo  of  February,  eighteen  hundred  and  thirteen,  had  it  been  so  construed 
to  piovej  &c.  '  as  to  embrace  them,  and  who  did  not  become  the  purchaser  of  any  tract 


ILLINOIS.  15T 

of  land  to  which  such  right  of  pre-emption  would  have  attached,  shall 
be  allowed  till  tho  first  day  of  September  next,  to  prove,  to  the  satis- 
faction of  the  register  and  receiver  at  Vincennes,  that  they  would  have 
been  so  entitled ;  and  it  shall  be  the  duty  of  the  register,  when  the  sat-     Register,      on 
isfaction  aforesaid  shall  be  made,  to  grant  a  certificate  to  every  such  8!£™  a 
person,  or  their  legal  representatives,  stating  therein  that  such  person  =ate  &c 
would  have  been  entitled  to  such  right  of  pre-emption,  and  that  he 
did  not  become  the  purchaser  thereof,  neither  at  public  nor  private 
sale.    And  every  such  person,  or  his  legal  representatives,  shall,  upon     Every  person, 
producing  such  certificate  to  the  register  of  any  land  office  in  the  State  "P<>n    certificate 
of  Illinois,  be  allowed  to  enter  one  quarter-section  of  land,  each,  at  the  J  qTa r  ter^sec- 
minimum  price  fixed  by  the  United  States,  of  any  land  which  may  be  tion,  at  minimum 
surveyed  previous  to  the  first  day  of  September  next,  whether  the  price,  &c. 
same  shall  have  been  offered  at  public  sale  or  not.  («) 
(a)  See  Nos.  328,  330,  332,  334,  336,  337,  338,  339,  341,  360,  370,  374,  389,  432,  433,  440. 


' 


Np.  352.— AN  ACT  for  the  relief  of  persons -holding  confirmed  unlocated  claims  for     May  15, 1820. 
lands  in  the  State  of  Illinois.  Vol.  3,  p.  601. 

Be  it  enacted,  <fc.,  That  all  persons  lawfully  holding  confirmed  unlo-     pers0ns    hold 
cated  claims  for  land  within  the  tract  reserved  by  the  third  section  of  jng  confirmed  un- 
the  act,  entitled  "An  act  confirming  certain  claims  to  land  in  the  Illinois  located      claims 
Territory  and  providing  for  their  location,"  passed  the  sixteenth  day  of  ^r  Jand  within 
April,  in  the  year  one  thousand  eight  hundred  and  fourteen,  be  allowed  edbyactof  April 
until  the  first  day  of  November,  one  thousand  eight  hundred  and  twenty,  ie,  1814. 
to  register  the  same ;  and  the  said  claims  shall  be  receivable  in  pay-     Claims    to  be 
ment  for  public  lands  within  the  said  reserved  tract,  conformably  with  receivable,  &c. 
the  provisions  of  the  said  act,  and  of  the  act  entitled  "An  act  making 
further  provision  for  settling  claims  to  land  in  the  Territory  of  Illi- 
nois," passed  the  twenty-sixth  day  of  April,  one  thousand  eight  hundred 
and  sixteen,  at  any  time  before  the  first  day  of  November,  one  thousand 
eight  hundred  and  twenty,  (a) 

(a)  See  Nos.  191,  324,  325,  327, 329, 331,  336,  337,  338,  438. 


No.  353.— AN  ACT  to  authorize  the  governor  of  Illinois  to  obtain  certain  abstracts     May  15, 1820. 
of  lands  from  certain  public  offices.  Vol.  3,  p.  602. 

Be  it  enacted,  #c.,  That  it  shall  be  the  duty  of  the  register  of  the  United     „, 
States'  land  office  at  Vincennes,  in  the  State  of  Indiana,  to  furnish  to  the  the  lan^office1  at 
governor  of  the  State  of  Illinois,  when  he  shall  apply  for  the  same,  a  Vincennes  to  fur- 
complete  abstract  of  all  the  lands  which  have  been  purchased  at  that  nish  a  complete 
office,  or  which  may  hereafter  be  purchased,  which  lie  within  the  State  attract-  of  lands 
of  Illinois,  designating  the  name  of  each  purchaser,  and  the  time  of  {y^g  ^Illinois 
making  the  purchase  ;  for  which  he  shall  be  entitled  to  receive,  from  &c. 
such  applicant,  at  the  rate  of  ten  cents  for  each  separate  entry,  a  copy     Ten  cents    to 
whereof  is  required ;  Provided,  however,  That  all  the  expense  incurred  by  *he,  register  for 
virtue  of  this  act,  shall  be  defrayed  by  said  State.  Proviso 

SEC.  2.  And  ~be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec-  Secretary  of 
retary  of  the  Treasury,  upon  the  application  of  the  governor  of  said  t^6  Treasury  to 
State,  to  cause  a  complete  abstract*  to  be  made  out,  for  the  use  of  said  Xtract^To  be 
State,  of  all  the  military  bounty  lands  which  have  been  patented  to  the  ma<je  out,  of  mil- 
soldiers  of  the  late  army,  lying  within  the  same,  designating  the  nameitary  bounty 
of  each  patentee,  (a)  lands  patented  to 

(a)  See  Nos.  333,  342,  343,  346,  372,  407.  fggSJ  lying  in 


No.  354.— AN  ACT  for  the  relief  of  the  inhabitants  of  the  village  of  Peoria,  in  the     May  15  1820 
Sate  of  Illinois.  Vol.  3,  p.  605^ 

Be  it  enacted,  $-c.,  That  every  person,  or  the  legal  representatives  of  — ; 
every  person,  who  claims  a  lot  or  lots  in  the  village  of  Peoria,  in  the  .  Per?01?s  claim- 
State  of  Illinois,  shall,  on  or  before  the  first  day  of  October  next,  deliver  SVelivS  nStee 
to  the  register  of  the  land  office,  for  the  district  of  Edwardsville,  a  in  wilting  to  the 
notice,  in  writing,  of  his  or  her  claim  ;  and  it  shall  be  the  duty  of  the  register  at  Ed- 
said  register  to  make  to  the  Secretary  of  the  Treasury  a  report  of  all  J ai'dnvju?f ,  Jjl6' 
claims  filed  with  the  said  register,  with  the  substance  of  the  evidence  Register  to  re- 
in support  thereof  ;  and  also  his  opinion  and  such  remarks  respecting  port  to  Secretary 
the  claims  as  he  may  think  proper  to  make;  which  report,  together  °f  the  Treasury. 


158  ILLINOIS. 

Report,  &c.,  to  with  a  list  of  the  claims  which,  in  the  opinion  of  the  said  register,  ought 
be    laid    before  to  be  confirmed,  shall  be  laid  by  the  Secretary  of  the  Treasury  before 
Congress  for  their  determination.    And  the  said  register  shall  be  al- 
lowed twenty-five  cents  for  each  claim  on  which  a  decision  shall  be 
made,  whether  such  decision  shall  be  in  favour  or  against  the  claims  ; 
which  allowance  shall  be  in  full  for  his  services  under  this  act.  (a) 
(a)  See  No.  362. 

Dec.  12,  1820.      No.  355.—  AX  ACT  to  provide  for  paying  to  the  State  of  Illinois  three  per  cent,  of 
Vol.  3,  p.  610.  the  net  proceeds  arising  from  the  sale  of  the  public  lands  within  the  same. 


The  Secretary  S?  {t  enactedt  4*c-i  Tnat  the  Secretary  of  the  Treasury  shall,  from  time 
of  the  Treasury  to  time,  and  whenever  the  quarterly  accounts  of  public  moneys  of  the 
to  pay  three  per  several  land  offices  shall  be  settled,  pay  three  per  cent,  of  the*  net  pro- 
cent.  of  the  net  ceeds  of  the  lands  of  the  United  States,  lying  within  the  State  of  Illi- 
Fic°lands  sold  in  nois>  which>  since  the  first  daJ  of  January,  one  thousand  eight  hundred 
Illinois  after  1st  and  nineteen,  have  been,  or  hereafter  may  be,  sold  by  the  United  States, 
Jan.,  1819,  to  the  after  deducting  all  expenses  incidental  to  the  same,  to  such  person  or 
Mjf  t  of  tbe  persons  as  may  be  authorized  by  the  legislature  of  the  said  State  to  re- 

To  be  applied  ceive  tbe  same  ;  which  sums,  thus  paid,  shall  be  applied  to  the  encouragfe- 

for  the    encour-  ment  of  learning  within  said  State,  in  conformity  to  the  provisions  on 

agement  of  learn-  this  subject,  contained  in  the  act,  entitled  "An  act  to  enable  the  people 

in&-  of  the  Illinois  Territory  to  form  a  constitution  and  State  government, 

and  for  the  admission  of  such  State  into  the  Union  on  an  equal  footing 

with  the  original  States,"  approved  April  eighteenth,  one  thousand  eight 

Annual    ac-  hundred  and  eighteen,  and  to  no  other  purpose  ;  and  an  annual  account 
cotmt  of  the  ap-  of  the  application  of  the  same  shall  be  transmitted  to  tbe  Secretary  of 
moneys11  to    be  tb^  Treasury,  by  such  officer  of  the  State  as  the  legislature  thereof  a 
transmitted     to  direct  ;  and  in  default  of  such  return  being  made,  the  Secretary  of 
the  Secretary  of  Treasury  is  hereby  required  to  withhold  the  payment  of  any  sums  t 
tbe  Treasury,  or  may  then  fce  c|ue  or  which  may  thereafter  become  due,  until  a  ret 
SitfiSd  may      8ha11  be  made>  as  herein  required,  (a) 
(a)  See  Nos.  346,  373. 

March  2,  1821.    No.  356.—  AN  ACT  confirming  the  location  of  the  seat  of  government  of  the  State 
Vol.  3,  p.  618.  of  Illinois,  and  for  other  purposes. 


Four  sections  ^e  if  enacted,  $-c.,  That  the  four  sections  of  land,  including  the  section 
of  land,  &c.,  se-  number  sixteen,  in  township  number  six  north,  range  number  one  east, 
lected  by  com-  of  the  third  principal  meridian,  heretofore  selected  by  commissioners 
the^seat^of  eov-  aPPointed  for  that  purpose,  for  the  seat  of  government  of  the  State  of 
eruuient  of  Illi-  Illinois,  be,  and  the  same  are  hereby  declared  to  be  confirmed  to,  and 
noia,  confirmed  vested  in,  the  said  State,  for  the  purpose  aforesaid,  (a) 
to  the  State.  §EC.  2.  And  be  it  further  enacted.  That  the  governor  of  said  State  be, 

authorized^tTse^  an.d  he  is  uerel)V>  authorized  to  select  any  unappropriated  section  in 
lect  a  section  in  said  township,  for  the  use  of  the  inhabitants  thereof,  which  shall  be  in 
lieu  of  No.  16.  lieu  of  the  said  sixteenth  section.  (6) 

(a)  See  No.  348. 

(6)  See  Nos.  337,  338,  342,  346,  408,  413,  418,  443,  444. 

March  2,  1821.  IVo.  357.— AN  ACT  for  the  relief  of  Nicholas  Jarrott. 

Vol.  6,  p.  258.        ge  it  waded,  #c.,  That  Nicholas"  Jarrott,  the  legal  representative  of 
Authorized  to  Francois  Arcoit,  or  the  legal  representative  of  him,  the  said  Nicholas, 
enter  400    acres  be,  and  he  is  hereby,  authorized  to  locate  four  hundred  acres,  consisting 
•within  the  Van-  of  one  entire  half-section,  and  one-half  quarter-section,  adjoining  there- 
daha  district.       ^ot  an^  jn  the  8ame  section,  of  any  of  the  public  land  within  the  Van- 
dalia  district,  established  for  the  sale  of  the  public  lands  in  the  State  of 
Illinois,  which  may  be  already  surveyed,  and  which,  having  been  offered 
for  sale  previous  to  the  first  day  of  January,  one  thousand  eight  hundred 
and  twenty -one,  shall  remain  unsold  ;  and  in  payment  therefor  the  said 
Nicholas  Jarrott,  or  his  legal  reprpsentatives,  shall  be,  and  he  is  hereby, 
certifi^ate^con-  authorized  to  surrender  his  certificate  of  confirmation,  as  the  legal  rep- 
firmation,      &c.,  resentative  of  the  said  Francois  Arcoit,  for  four  hundred  acres  of  land, 
will  be  received  in  the  said  State,  which  was  confirmed  by  act  of  Congress,  bearing  date 
in  payment,          the  sixteenth  day  of  April,  one  thousand  eight  hundred  and  fourteen  : 
Proviso  Provided,  The  same  be  not  located  on  town  sites  and  lots,  or  lands  re- 

served by  the  United  States:  And  provided  further,  That  the  said  loca- 
tion be  made  before  the  first  day  of  April,  one  thousand  eight  hundred 
and  twenty-two. 


ILLINOIS.  159 

No.  358.— AN  ACT  to  authorize  the  State  of  Illinois  to  open  a  canal  through  the     March  30  1822 
public  lands,  to  connect  the  Illinois  River  with  Lake  Michigan.  yol  ^  p.  '059.  ' 

Be  it  enacted,  <$-c.,  That  the  State  of  Illinois  be,  and  is  hereby,  author-         — ; — — 

ized  to  survey  and  mark,  through  the  public  lands  of  the  United  States,  izei  °01S  survey 
the  route  of  the  canal  connecting  the  Illinois  River  with  the  southern  an  d  mark 
.bend  of  Lake  Michigan  ;  and  ninety  feet  of  land  on  each  side  of  said  through  public 
i canal  shall  be  forever  reserved  from  any  sale  to  be  made  by  the  United  l^ds  the  route 
j States,  except  in  the  cases  hereinafter  provided  for,  and  the  use  there-  nectin?  Illinois 
jof  for  ever  shall  be,  and  the  same  is  hereby,  vested  in  the  said  State  River  with  the 
for  a  canal,  and  for  no  other  purpose  whatever;  on  condition,  how- southern  bend  of 
ever,  that  if  the  said  State  does  not  survey  and  direct  by  law  said  canal  Lake  Michijran, 
to  be  opened,  and  return  a  complete  map  thereof  to  the  Treasury  Depart-  ^(ch  ^We  ^ei°" 
merit,  within  three  years  from  and  after  the  passing  of  this  act ;  or  if  ed  and  vested  in 
the  said  canal  be  not  completed,  suitable  for  navigation,  within  twelve  the  State  for  a 
years  thereafter;  or  if  said  ground  shall  ever  cease  to  be  occupied  by,  canal  on  condi- 
and  used  for,  a  canal,  suitable  for  navigation  ;  the  reservation  and  grant  lon> 
jereby  made  shall  be  void  and  of  none  effect :  Provided  always,  and  it  is  Proviso:  no 
hereby  enacted  and  declared,  That  nothing  in  this  act  contained,  or  that  obligation  on  the 
shall  be  done  in  pursuance  thereof,  shall  be  deemed  or  construed  to  im-  tS  States  to  ap- 
ply any  obligation  on  the  part  of  the  United  States  to  appropriate  any  propriate  money, 
•coney  to  defray  the  expenses  of  surveying  or  opening  paid  canal :  Pro-  &c> 
•idcti  also,  and  it  is  licreby  further  enacted  and  declared,  That  the  said  canal,  al^avI1Sa  'rmSf1 
when  completed,  shall  be,  and  forever  remain,  a  public  highway  for  the  highway,  free  of 
ase  of  the  Government  of  the  United  States,  free  from  any  toll  or  other  toll  to  the  United 
±arge  whatever,  for  any  property  of  the  United  States,  or  persons  in  States, 
their  service,  passing  through  the  same. 

SEC.  2.  And  be  it  further  enacted,  That  every  section  of  land  through  Sections 
vrhich  said  canal  route  may  pass,  shall  be,  and  the  same  is  hereby,  re-  through  which 
served  from  future  sale,  until  hereafter  specially  directed  by  law  :  and  reserved  PuntilS 
the  said  State  is  hereby  authorized  and  permitted,  without  waste,  to  use  &c. 
my  materials  on  the  public  lands  adjacent  to  said  canal,  that  may  be  The  State  may 
accessary  for  its  construction,  (a)  use  necessary  ad- 

(a)  See  NOB.  367,  385,  417,  435. 


No.  359.— AN  ACT  for  the  relief  of  James  M'Farland.  April  26, 1822. 

Be  it  enacted,  <$-c.,  That  the  receiver  of  public  moneys  of  the  land     Vol.  6,  p.  266. 
office  at  Shawneetown,  in  the  State  of  Illinois,  be,  and  he  is  hereby,     The  receiver  of 
directed  to  place  to  the  credit  of  James  M'Farland,  or  the  legal  proprie-  the  land  office  at 
;or  of  fractional  sections  numbered  twenty-six  and  twenty-seven,  in  Shawneetown  to 
:ownship  numbered  twelve  south,  range  eight  east,  of  the  third  princi-  Ptlac? *2 th1e°Ied~ 
?al  meridian,  purchased  at  the  public  sales  by  the  said  James  M'Far-  land  the  "excess 
and,  on  account  of  the  money  heretofore  paid  by  him  on  said  frac-  above  $2  per  acre 
;ional  sections,  the  excess  over  and  and  above  the  rate  of  two  dollars  on  48°  acres.  on 
)er  acre,  upon  four  hundred  and  eighty  acres  thereof,  and  to  remit  any  account  of  money 
nterest  due,  or  that  may  become  due,  on  said  excess;  and  the  said?emit  theTnter0 
Fames  M'Farland,  or  the  legal  proprietor  as  aforesaid,  shall  be  allowed  est. 
mtil  the  thirtieth  day  of  September  next  to  avail  themselves  of  the     Allowed  until 
>ro visions  of  the  act,  entitled  "An  act  for  the  relief  of  the  purchasers  °J]&  J!?' Jfff2'  *? 
)f  the  public  lands  prior  to  the  first  day  of  July,  one  thousand  eight  the  provisions  of 
mndred   and  twenty,"  approved  March  second,  one  thousand  eight  the  act  of  March 
mndred  and  twenty-one :  Provided,  That  if  the  said  James  M'Farland,  2>  *821-. 
>r  the  legal  proprietor  of  the  aforesaid  fractional  sections,  accept  a    ' 
:redit,  that  the  excess  aforesaid  shall  be  placed  to  his  or  their  credit 
>n  the  instalments  which  shall  become  due  at  the  time  they  would  have 
)een  due  had  his  or  their  acceptance  been  filed  before  the  thirtieth  day 
t  September  last,  but  shall  not  entitle  him  or  them  to  a  discount  for 
)ayment  on  or  before  the  thirtieth  of  September  next :  Provided,  hoiv-    Proviso. 
wer,  That  the  said  James  M'Farland  shall  not  be  entitled  to  the  remis- 
sion aforesaid,  upon  a  greater  quantity  than  one  hundred  and  sixty 
tores,  unless  he  shall  make  it  appear,  to  the  satisfaction  of  the  receiver 
iforesaid,  that  Hampton  Pankey  and  William  Frizzle,  or  their  legal 
•epresentatives,  for  whose  benefit,  jointly  with  the  said  James  M'Far- 
and,  the  aforesaid  land  was  purchased,  have  received  a  release  from 
he  said  James  M'Farland,  for  such  proportion  of  the  purchase  money 
us  will  be  equal  to  the  amount  hereby  remitted  upon  their  proportion  of 
he  said  land :  Provided,  also,  That  the  benefits  of  this  act  shall  be  ex-    Proviso, 
ended  only  to  such  of  the  aforesaid  persons  as  shall  show  to  the  regis- 

tf  and  receiver  aforesaid,  that  he  would  have  been  entitled  to  the 
ight  of  pre-emption  had  he  been  settled  on  a  quarter-section  instead 
)i  a  fractional  section,  according  to  the  provision  of  the  act  of  eighteen 
hundred  and  thirteen. 


160  ILLINOIS. 

May  8,  1822.          No.  360.— AN  ACT  to  establish  an  additional  land  office  in  the  State  of  Illinois. 
Be  it  enacted,  #c.,  That  so  much  of  the  public  lands  of  the  United 


So  much  of  the  States  as  lies  east  of  the  Missiseipni  River,  north  of  the  line  separating 
withYn  tire  the  tnirteenth  and  fourteenth  tiers  of  townships  north  of  the  base  line) 
bounds  describ-  and  west  of  ^e  third  principal  meridian,  in  the  State  of  Illinois,  shall 
ed,  in  Illinois,  to  form  a  land  district,  for  the  disposal  of  the  said  lands,  and  for  which 
form  a  land  dis-  purpose  a  land  office  shall  be  established  at  such  place  therein  as  the 
1  land  office  as  President  of  the  United  States  shall  designate,  until  the  same  shall  be 
the  Presidentperinanently  fixed  bylaw,  (a) 

may  designate.         SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  a  register  and 

A  register  and  receiver  appointed  to  the  said  land  office,  to  superintend  the  sales  of  the 

land1Vomce°r  &c!  Pnblic  land8  in  the  6aid  district,  who  shall  reside  at  the  place  where  the 

to  reside  at  the  said  office  shall  be  established  as  aforesaid,  give  security  in  the  same 

place    establish-  manner,  in  the  same  sums,  and  whose  compensation,  emoluments,  and 

ed,  give  security,  duties,  and  authority,  shall,  in  every  respect,  be  the  same  in  relation  to 

the  lands  which  shall  be  disposed  of  at  their  offices,  as  are  or  may  be  by 

law,  provided  in  relation  to  the  registers  and  receivers  of  public  moneys 

Proviso.  in  the  several  offices  established  for  the  sale  of  the  public  lands  :  Pro- 

vided, That  the  said  appointments  shall  not  be  made  until  a  sufficient 

quantity  of  public  lands  shall  have  been  surveyed  within  the  said  dis- 

trict to  authorize,  in  the  opinion  of  the  President,  a  public  sale  of  lands 

within  the  same.  (&) 

The  provisions  SEC.  3.  And  be  it  further  enacted,  That  the  provisions  of  the  second, 
of  the  second,  third,  and  fifth,  sections  of  the  act,  entitled  "An  act  to  designate  the 
sedonandf  ^h*  Boundaries  of  districts,  and  establish  land  offices,  for  the  disposal  of  the 
act  ^f^March  3  P11^0  lands  not  heretofore  offered  for  sale  in  the  States  of  Ohio  and  In- 


1819,  and  of  April  diana,"  approved  March  third,  eighteen  hundred  and  nineteen,  and  th 
24,  1820,  made  ap-  act,  entitled  "  An  act  making  further  provision  for  the  sale  of  the  pub- 
lic lands,"  approved  April  twenty-fourth,  eighteen  hundred  and  twenty,  ( 
be,  and  the  same  are  hereby,  made  applicable  to  the  said  district  and 
office,  so  far  as  they  are  not  changed  by  subsequent  laws  of  the  United 
States. 

(a)  See  Nos.  196,  332,  339,  350,  363,  374,  383,  389,  449. 

(&)  See  Xos.  328,  330,  332,  334,  336,  337,  338,  339,  341,  351,  370,  374,  389,  432,  433,  440. 


March  3,  1823.    No.  361.— AN  ACT  to  authorize  the  Secretary  of  the  Treasury  to  remit  the  instal- 
Vol.  3,  p.  778.  mente  due  on  certain  lots  in  Shawneetown,  in  the  State  of  Illinois. 

Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 

Instalments  hereby,  authorized  and  directed  to  remit  the  instalments  due,  and  to 

lot^in^hawn^  become  due,  on  lots  numbered  eleven  hundred  and  thirteen  and  eleven 

town  remitted,     hundred  and  fourteen,  in  Shawueetown,  in  the  State  of  Illinois,  and  a 

patent  or  patents  shall  issue  for  the  same,  as  in  other  cases ;  which  said 

lots  are  used  as  a  public  square,  (a) 

(a)  See  NOB.  335,  376. 


March  3,  1823.    No.  362.—  AX  ACT  to  confirm  certain  claims  to  lotts  [lots]  in  the  village  of  Peoria  , 
Vol.  3,  p.  786.  in  the  State  of  Illinois. 


Certain  claims     B€  M  enacted,  <$-c.,  That  there  is  hereby  granted,  to  each  of  the  Frencl 
to  lots  in  the  vil-  and  Canadian  inhabitants  and  other  settlers  in  the  village  of  Peoria,  it 
lag®    °f    Peoria  the  State  of  Illinois,  whose  claims  are  contained  in  a  report  made  by  the 
register  of  the  land  office  at  Edwardsville,  in  pursuance  of  the  act  o 
Congress,  approved  May  the  fifteenth,  one  thousand  eight  hundred  am 
twenty,  and  who  had  settled  a  lot  in  the  village  aforesaid,  prior  to  th< 
first  day  of  January,  one  thousand  eight  hundred  and  thirteen,  and  wh< 
have  not  heretofore  received  a  confirmation  of  claims,  or  donation  o 
any  tract  of  land  or  village  lot  from  the  United  States,  the  lot  so  set 
tied  upon  and  improved,  where  the  same  shall  not  exceed  two  acres 
and  where  the  same  shall  exceed  two  acres,  every  such  claimant  shal 
Proviso.  be  confirmed  in  a  quantity  not  exceeding  ten  acres  :  Provided,  Noth 

ing  in  this  act  contained  shall  be  so  construed  as  to  affect  the  right,  i 
any  such  there  be,  of  any  other  person  or  persons  to  the  said  lots,  o 
any  part  of  them  derived  from  the  United  States,  or  any  other  SOUTC< 
whatever,  or  as  a  pledge  on  the  part  of  the  United  [States,]  to  mak 
good  any  deficiency  occasioned  by  any  other  interfering  claim  or  claims 


ILLINOIS.  161 

SEC.  2.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the  sur-     The  several 
veyor  of  the  public  lands  of  the  United  States  for  that  district,  to  cause  lots  to  be  survey- 
a  survey  to  be  made  of  the  several  lots,  and  to  designate  on  a  plat  e(L 
thereof  the  lot  confirmed  and  set  apart  to  each  claimant,  and  forward 
the  same  to  the  Secretary  of  the  Treasury,  who  shall  cause  patents  to  be 
issued  in  favour  of  such  claimants,  as  in  other  cases,  (a) 

(a)  See  No.  354. 


No.363.-AN  ACT   to  define  the  boundary  line  between  the  Edwardsville  and     March  16,  1824. 
Springfield  land  districts,  in  the  State  of  Illinois.  Vol.  4,  p.  10. 

Be  it  enacted,  $-c.,  That  all  that  tract  of  country  lying  between  the     The    country 
Illinois  and  Mississippi  rivers,  and  south  of  the  baseline  of  the  military  lying  betweenthe 


surveys,  be,  and  the  same  is  hereby,  attached  to,  and  made  a  part  of,  the  i^sii     rivers^ 


land  district,  the  office  of  which  is  located  at  Edwardsville;  and  all  &c.,  to  be  attach- 
that  tract  of  country  lying  between  the  said  rivers,  and  north  of  the  ed  to,  &c.,  the 
said  base  line,  be,  and  the  same  is  hereby,  attached  to,  and  made  a  part  I??*1  district  of 
of,  the  land  district,  the  office  of  which  is  established  at  Springfield,  in  '  le'&c< 

the  county  of  Sangamo.  (a) 

(a)  SeeNos.  196,  332,  339,  350,  360,  374,  333,  389,  449. 


No.  364.— AN  ACT  concerning  the  seat  of  justice  in  Gallatin  County  in  the  State  of     May  20,  18*6. 

Illinois.  Vol.  4,  p.  184. 


Be  it  enacted,  #c.,  That  the  State  of  Illinois  is  hereby  authorized  to     State  of  Illinois 
give  or  sell,  in  fee-simple,  to  the  county  of  Gallatin,  in  that  State,  for to  sell  in  fee-sim- 
the  purposes  of  locating  and  fixing  the  seat  of  justice  in  said  county,  aPj6.*0  the  county 
tract  not  exceeding  one  hundred  acres  of  the  tract  of  land,  situate  in  tract  oi 'land 
said  county,  and  granted  to  said  State,  for  the  use  thereof,  by  the  act 
of  the  eighteenth  of  April,  eighteen  hundred  and  eighteen,  entitled  "An 
act  to  enable  the  people  of  the  Illinois  Territory  to  form  a  constitution 
and  State  government,  and  for  the  admission  of  such  State  into  the 
Union,  on  an  equal  footing  with  the  original  States,"  any  restriction  in 
said  act  of  Congress  to  the  contrary  notwithstanding. 


No.  365.— AN  ACT  for  the  relief  of  William  Biggs.  May  22,  1826. 

Be  it  enacted  j-c.,  That  William  Biggs,  of  the  State  of  Illinois,  be,  and    Yol-6.P-353- 
neishereby,  authorized  to  enterthree  sectionsof  land,  in  quarter-sections,     Authorized  to 
of  the  lands  subject  to  entry  at  private  sale  in  the  Sangamon  district,  enter  thl>ee  sec- 
:n  Illinois,  in  consideration  of  his  services  as  lieutenant  in  the  regiment  ft?8  .of  ^nd  *» 
of  the  late  General  George  Rogers  Clark,  which  marched  against,  and 
uubdued  the  posts  of  Kaskaskias  and  Vincennes. 


No.  366.— AN  ACT  for  the  relief  of  Phinehas  Underwood,  and  for  other  purposes.     May  22,  1826. 
Be '.it  enacted  <fc.,  That  Phinehas  Underwood  be,  and  he  is  hereby,  au-     YoL6'p'355' 

nzed  to  enter  with  the  proper  register,  any  unlocated  quarter- section     May  enter  an 
t  land  in  the  State  of  Illinois,  within  one  year  after  the  passage  of  this  unlocated    quar- 
wt,  and  shall  be  entitled  to  a  patent  therefor,  as  in  other  cases:  Pro-  *?™ecti™  in  H- 
ted,  That  such  quarter-section  shall  have  been  previously  offered  at     proviso 
blic  sale  :  And  provided,  also,  He  shall,  prior  to  making  such  location,     Proviso! 
irrender  to  the  Commissioner  of  the  General  Land  Office,  a  patent 
ich  issued  to  Eli  B.  Mott,  on  the  thirty-first  of  August,  one  thousand 
ignt  hundred  and  eighteen,  for  the  northwest  quarter  of  section  twenty- 
mo, ot  township  six  north,  in  range  eight  west,  of  the  Illinois  bounty 

'**#««« 
11  L  O — VOL  II 


162  ILLINOIS. 

March  2, 1827.  No.  367.— AX  ACT  to  grant  a  quantity  of  land  to  the  State  of  Illinois,  for  the  pur- 
Vol.  4,  p.  234.  pose  of  aiding  in  opening  a  canal  to  connect  the  waters  of  the  Illinois  River  with 
those  of  Lake  Michigan. 


A  certain  quan-     Be  it  enacted,  $~c.,  That  there  be,  and  hereby  is,  granted  to  the  State 
tity  of  land  to  be  of  Illinois,  for  the  purpose  of  aiding  the  said  State  in  opening  a  canal 
allowed  for  open-  to  ^^  the  waters  of  the  Illinois  River  with  those  of  Lake  Michigan, 
unite'  the  waters  a  quantity  of  land  equal  to  one-half  of  five  sections  in  width,  on  each 
of  the    Illinois  side  of  said  canal,  and  reserving  each  alternate  section  to  the  United 
River  with  those  states,  to  be  selected  by  the  Commissioner  of  the  Land  Office,  under  the 
of  Lake   Michi-  direction  of  tne  President  of  the  United  States,  from  one  end  of  the  said 
canal  to  the  other  ;  and  the  said  lands  shall  be  subject  to  the  disposal 
of  the  legislature  of  the  said  State,  for  the  purpose  aforesaid,  and  no 
Proviso.  other  :  Provided,  That  the  said  canal,  when  completed,  shall  be  and  for- 

ever remain,  a  public  highway  for  the  use  of  the  Government  of  the 
United  States,  free  from  any  toll,  or  other  charge,  whatever,  for  any 
property  of  the  United  States,  or  persons  in  their  service,  passing  through 
Proviso.  the  same:  Provided,  That  said  canal  shall  be  commenced  within  five 

years,  and  completed  in  twenty  years,  or  the  State  shall  be  bound  to 
pay  to  the  United  States  the  amount  of  any  lands  previously  sold,  and 
that  the  title  to  purchasers  under  the  State  shall  be  valid. 

Duty  of  the     SEC.  2.  And  be'it further  enacted,  That,  so  soon  as  the  route  of  the  said 
governor  of  the  canai  shall  be  located  and  agreed  on  by  the  said  State,  it  shall  be  the 
'anal  ^located  duty  of  the  governor  thereof,  or  such  other  person  or  persons  as  may 
&c.  '  have  been,  or  shall  hereafter  be,  authorized  to  superintend  the  construc- 

tion of  said  canal,  to  examine  and  ascertain  the  particular  sections  to 
which  the  said  State  will  be  entitled,  under  the  provisions  of  this  act,  \ 
and  report  the  same  to  the  Secretary  of  the  Treasury  of  the  United  j 
States. 

Power  given  to     SEC.  3.  And  6e  it  further  enacted,  That  the  said  State,  under  the  au- 
the  legislature,     thority  of  the  legislature  thereof,  after  the  selection  shall  have  been  so  j 
»  made,  shall  have  power  to  sell  and  convey  the  whole,  or  any  part  of  the 

said  land,  and  to  give  a  title  in  fee-simple  therefor,  to  whomsoever  shall 
purchase  the  whole,  or  any  part  thereof,  (a) 

(a)  See  Nos.  358,  385,  417,  435. 


March  3,  Ie27.       No.  368.— AX  ACT  for  the  relief  of  the  legal  representative  of  Giles  Egerton. 
Vol.  6,  p.  366. 


Be  it  enacted,  $-c.,  That  the  legal  representative  or  assignee  of  Giles 
May  enter   a  Egerton,  late  a  sergeant  in    Cotton's  company  of    the  twenty-sixth 
certain   quarter-  regiment  of  infantry,  be,  and  he  or  they  is  or  are  hereby,  authorized  to 
section  of  land  in  enter  witll  tne  register  of  the  proper  land  office,  any  unappropriated 
quarter-section  of  land  in  the  tract  reserved  for  the  satisfaction  of 
military  bounties,  in  the  State  of  Illinois,  in  lieu  of  the  quarter  patented 
to  the  said  Giles,  on  the  tenth  day  of  January,  one  thousand  eight 
hundred  and  eighteen,  which  had  been  previously  patented  to  James 
Durney ;  and  upon  such  entry  a  patent  shall  issue  to  such  representa- 
tive or  assignee,  for  the  quarter-section  so  selected. 


Mav  -24  1828      No-  369.— AN  ACT  to  authorize  the  legislature  of  the  State  of  Illinois  to  sell  am 
Vol  4  i>  30"'         convey  a  part  of  the  land  reserved  and  granted  to  said  State  for  the  use  of  the  Om< 
'  v'  saline. 


Legislature  of  Be  it  enacted,  $c.,  That  the  legislature  of  the  State  of  Illinois  shal 
the  State  of  Illi-  De?  an(j  j8  hereby,  authorized  and  empowered  to  cause  to  be  sold  am 
nois  authorized,  conveye(i  jn  such  manner,  and  on  such  terms  and  conditions,  as  sau 
be ''sofa,  £  a  legislature  shall  by  law  direct,  such  part  or  parts  of  the  tract  of  lane 
part  or  parts  of  reserved  and  granted  to  said  State,  for  the  use  and  support  of  the  sal 
the  tract  of  land  -works,  known  by  the  name  of  the  Ohio  saline,  in  the  county  of  Gallatin 
reserved  and  ...  -.  ,.•-_* 


In  in  the  said  State,  and  to  apply  the  proceeds  of  such  sale  to  such  object 
Stale  for  the  use  as  the  said  legislature  may  by  law  hereafter  direct;  Provided,  That  th- 
"  ?gislature  shall  not  sell  and  coi 
f  the  land  reserved  and  granted 

(a)  See  Nos.  342,  346,  375,  379,  426,  445. 


State  tor  tne  use  «*o  tuna  ouiu  uTgiDiauuj.*?  "j«j   »y  •••»»  u\,x^<       j*.  u..u<svv .  ^  ,^i/,w^      

of  salt  works.       legislature  shall  not  sell  and  convey  more  than  thirty  thousand  acre 
Proviso.  Of  tne  land  reserved  and  granted  for  the  use  of  the  saline  aforesaid.  (« 


ILLINOIS.  163 

ZVo.  370.— AN  ACT  authorizing  the  laying  off  a  town  on  Bean  River,  in  the  State     Feb.  5,  1829. 
of  Illinois,  and  for  other  purposes.  Vol.  4,  p.  334. 

Be  it  enacted,  #c.,  That  a  tract  of  land  in  the  State  of  Illinois,  at  and     Town  to  be  laid 
including  "Galena,"  on  Bean  Kiver,  shall,  under  the  direction  of  the0ff  at  Galena,  in 
surveyor  of  the  public  lands  for  the  States  of  Illinois  and  Missouri,  and  Illinois, 
the  Territory  of  Arkansas,  be  laid  off  into  town  lots,  streets,  and  ave- 
nues, and  into  out-lots,  having  regard  to  the  lots  and  streets  already 
surveyed,  in  such  manner,  and  of  such  dimensions,  as  he  may  think 
proper :  Provided,  The  tract  so  to  be  laid  off  shall  not  exceed  the  quan-     Size    of  town 
tity  contained  in  one  entire  section,  nor  the  town  lots  one  quarter  of  an  and  °*  1°*8- 
acre  each,  nor  shall  the  out-lots  exceed  the  quantity  of  two  acres  each,  (a) 
When  the  survey  of  the  lots  shall  be  completed,  a  plat  thereof  shall  be    Lots  to  be  offer- 
returned  to  the  Secretary  of  the  Treasury,  and  within  twelve  months  ®d  to  highest  bid- 
thereafter  the  lots  shall  be  offered  to  the  highest  bidder  at  public  sale, 
under  the  direction  of  the  President  of  the  United  States,  and  at  such 
other  times  as  he  shall  think  proper:  Provided,  That  no  town  lot  shall    Minimum  price 
be  sold  for  a  sum  less  than  five  dollars;  And  provided  further.  That  a    Reservation 
quantity  of  ground  of  proper  width  on  the  said  river,  and  running  there-  a]°ng  margin  of 
with  the  whole  length  of  the  said  town,  shall  be  reserved  from  sale  for  river- 
public  use,  and  remain  forever  a  common  highway.  (&) 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the  said  sur-     Lotstobeclass- 
yeyor  to  class  the  lots  already  surveyed,  in  the  said  town  of  Galena,  ed. 
into  three  classes,  according  to  the  relative  value  thereof,  on  account  of 
situation  and  eligibility  for  business,  without  regard,  however,  to  the 
improvements  made  thereon  ;  and  previous  to  the  sale  of  the  said  lots    Right  of  pre- 
as  aforesaid,  each  and  every  person,  or  his,  her,  or  their  legal  representa-  eruption, 
tive  or  representatives,  who  shall  heretofore  have  obtained  from  the 
agent  of  the  United  States  a  permit  to  occupy  any  lot  or  lots  in  the  said 
town  of  Galena,  or  who  shall  have  actually  occupied  and  improved  any 
lot  or  lots  in  the  said  town,  or  within  the  tract  of  land  hereby  author- 
ized to  be  laid  off  into  lots,  shall  be  permitted  to  purchase  such  lot  or 
lots,  by  paying  therefor,  in  cash,  if  the  same  fall  within  the  first  class, 
as  aforesaid,  at  the  rate  of  twenty -five  dollars  per  acre ;  if  within  the 
second  class,  at  the  rate  of  fifteen  dollars  per  acre ;  and  if  within  the 
third  class,  at  the  rate  of  ten  dollars  per  acre :  Provided,  That  no  one  of 
the  persons  aforesaid  shall  be  permitted  to  purchase  by  authority  of  this 
section  more  than  one- half  acre  of  ground ;  unless  a  larger  quantity  shall 
be  necessary  to  embrace  permanent  improvements  already  made,  (c) 

(a)  See  Nos.  388,  333,  340,  342,  344,  386. 

(6)  See  Nos.  ?28,  330,  332,  334,  336,  337,  338,  339.  341,  351,  360,  374,  389,  432,  433,  440. 

(c)  See  No.  395. 


Xo.  371  .—AN  ACT  for  the  relief  of  Jacob  Rentleman.  Feb.  24, 1829. 

Be  it  enacted  #c.,  That  Jacob  Rentleman,  of  the  State  of  Illinois,  who    YoL  6<  P- 396> 
atered  by  mistake,  in  the  office  of  the  register  of  the  land-office  for  the     Authorized   to 
istrict  of  Kaskaskia,  the  east  half  of  section  thirty- five,  in  township  enter  a  half-sec- 
velve,  south  of  range  three,  west,  and  who  obtained  a  patent  therefor,  lion  of  land  in  II- 
5,  and  he  is  hereby,  authorized  to  en  ter  with  the  said  register  any  other linois- 
lalf-section  of  land,  within  the  said  district,  which  is  subject  to  private 
ale,  upon  his  relinquishing  to  the  United  States  the  half-section  de- 
jribed  as  aforesaid. 


fo.  372.— AN  ACT  to  continue  in  force  "An  act  authorizing  certain  soldiers  in  tho     March  23, 1830. 
late  war  to  surrender  the  bounty  lands  drawn  by  them,  and  to  locate  others  in  lieu     Vol.  4,  p.  383. 
thereof,"  and  for  other  purposes. 

[See  ARKANSAS,  No.  1177.] 


'?/  ?*^*™4-NACT  to  amend  an  act,  entitled  "An  act  to  provide  for  paying  tothe     jan  13  1831 
State  of  Illinois  three  per  centum  of  the  net  proceeds  arising  from  the  sale  of  tha     Vol.'  4,  p!  431. 


public  lauds  within  the  same.' 


Be  it  enacted,  <fc.,  That  so  much  of  the  act,  entitled  "An  act  to  provide  State  of  Illi- 
tor  paying  to  the  State  of  Illinois  three  per  centum  of  the  net  proceeds  nois  exonerated 
arising  from  the  sale  of  the  public  lands  within  the  same,"  approved  foTend^r'f ati°n 
the  twelfth  of  December,  eighteen  hundred  and  twenty,  as  requires  an  nual  account  of 
annual  account  of  the  application,  by  the  said  State,  of  the  said  three  the  application  of 
per  centum,  to  be  transmitted  to  the  Secretary  of  the  Treasury,  be,  and the  ™TQQ  per 
the  same  is  hereby  repealed,  (a)  cent- 

(a)  See  Nos.  346,  355. 


164 


ILLINOIS. 


Feb.  19, 1831. 
Yol.  4,  p.  442. 


No.  374.— AN  ACT  to  establish  a  land  office  in  the  territory  of  Michigan,  and  for 
other  purposes. 


Land     district     SEC.  5.  And  be  it  further  enacted,  That  so  much  of  the  State  of  Illinois  j 
established  in  H-  as  lies  between  the  Illinois  and  Mississippi  rivers,  bounded  on  the  south 
by  the  base  line,  on  the  north  by  the  northern  boundary  of  that  State,  and 
on  the  extreme  east  by  the  third  principal  meridian,  be  formed  into  a 
separate  land  district,  the  offices  for  which  to  be  located  where  it  will 
best  accommodate  purchasers  and  others,  by  the  President ;  and  a  regis-  ; 
ter  and  receiver  shall  be  appointed  at  such  time  as  the  President  of  the 
United  States  shall  deem  proper. 

SEC.  6.  And  be  it  further  enacted,  That  another  district  be  also  formed 
trict  established,  in  that  State,  on  the  north  of  the  dividing  line  between  townships  six-  ; 
teen  and  seventeen  north  of  the  base  line,  and  east  of  the  third  principal  ; 
meridian,  including  all  that  part  of  the  State  to  its  northern  boundary, 
the  offices  for  which  to  be  located  by  the  President,  where  the  public 
interest  and  the  convenience  of  purchasers  may  require ;  and  a  register 
and  receiver  shall  be  appointed  at  such  time  as  the  President  of  the 
United  States  shall  deem  proper. 

ie-  SEC.  7.  And  be  it  further  enacted,  That  the  registers  and  receivers 
of  shall  reside,  respectively,  at  the  places  where  the  land  offices  are  located, 
registers  and  re-  give  security  in  the  same  manner,  in  the  same  sums,  and  whose  compen- 
sation, emoluments,  and  duties,  and  authority,  in  every  respect,  be  the 
same,  in  relation  to  the  lands  which  shall  be  disposed  of  at  their  offices, 
as  may  be  by  law  provided  in  relation  to  the  registers  and  receivers  of 

Eublic  moneys  in  the  several  offices  established  for  the  disposal  of  the 
mds  of  the  United  States  northwest  of  the  river  Ohio,  (a) 
SEC.  8.  And  be  it  further  enacted,  That  the  said  lands  shall  be  disposed 
of  in  the  same  manner,  and  on  the  same  terms  and  conditions,  as  are  or 
may  be  provided  bylaw  for  the  sale  of  other  lands  of  the  United  States: 
Provided,  That  no  tracts  of  land  excepted  from  sales  by  virtue  of  any 
former  acts,  shall  be  sold  by  virtue  of  this  act.  (&) 


linois. 


Offices. 


Another,      dis- 


Offices. 


Residence 
curity,     &c., 


Sale  of  lands. 


(a)  See  Nos.l9fi,  332,  339,  350, 360,  363,  383,  389,  449. 

(&)  See  Nos.  328,  330,  332,  334,  336,  337,  338,  339,  341,  351,  360,  370,  389,  432,  433,  440. 


March  2,  1831.    No.  375.— AN  ACT  for  the  sale  of  the  lands  in  the  State  of  Illinois  reserved  for 
Vol.  4,  p.  451.  the  use  of  the  salt  springs  on  tho  Vermillion  River,  in  that  State. 


State  of  Illinois     Be  it  enacted,  #c.,  That  the  State  of  Illinois  shall  be,  and  is  hereby, 
authorized  to  sell  authorized  and  empowered  to  cause  to  be  sold  and  conveyed,  in  such 
certain  lands.       manner  and  on  such  terms  and  conditions  as  the  legislature  of  said  State 
has  or  may  direct,  the  whole  or  any  part  of  the  lands  reserved  and  set , 
apart  by  the  President  of  the  United  States,  on  the  twenty-ninth  day  of 
March,  eighteen  hundred  and  twenty-five,  for  the  use  of  the  salt  works 
on  the  Vermillion  River,  in  said  State,  and  to  apply  the  proceeds  of  such 
sale  to  such  objects  as  the  legislature  of  said  State  has  or  may  direct:. 
Proviso.  Provided,  Said  lands  shall  not  be  sold  for  less  than  one  dollar  and  twenty- 

five  cents  per  acre,  (a) 

(a)  See  Nos.  342,  346,  369,  379,  426,  445. 


March  2  1831. 
Vol.  4.  p.  451. 


»  3^6.  —  AN  ACT  for  the  relief  of  the  citizens  of  Shawneetown. 
enacted, 


.,  That  it  shall  and  may  be  lawful  for  any  purchaser, 

Certain      pur-  the  assignee  or  legal  representative  of  any  purchaser,  of  any  in  or  out 
chasers    entitled  lot  or  lots  in  the  town  of  Shawneetown  in  the  State  of  Illinois,  which 
r  lot  or  lots  may  kave  reverted  for  tne  non-payment  of  the  purchase 
money,  to  re-enter  the  same  lot  or  lots  which  may  have  so  reverted 
with  the  register  and  receiver  of  the  district  of  Shawneetown,  at  any 
time  within  six  months  after  the  passage  of  this  act,  upon  the  following 
terms  and  conditions,  to  wit:  by  paying,  in  addition  to  what  has  here 
tofore  been  paid  upon  each  in-lot,  five  dollars,  and  upon  each  out-lot 
one  dollar  and  twenty-five  cents  per  acre. 

Grant  to  trus-  SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  hereby  is,  gran 
tees,  of  all  vacant  to  the  trustees  of  the  town  of  Shawneetown,  and  their  successors 
grounds,  &c.  ^  office,  for  ever,  in  trust,  to  sell,  or  otherwise  dispose  of,  for  the  p 


Conditions. 


ILLINOIS. 


165 


of  graduating  and  paving  the  river  bank  within  the  limits  of  said 
town,  all  the  vacant  ground  not  necessary  for  streets,  all  the  in  or  out 
lots  within  the  bounds  of  said  town,  which  remain  unsold,  and  all  such, 
as  may  remain  unsold  under  the  provisions  of  the  first  section  of  this 
act  ;  this  act  to  be  carried  into  effect  under  the  direction  of  the  Commis- 
sioner of  the  General  Land  Office.  («) 


(a)  See  Nos.  335,  361. 


H. 

la 
lu 


o.  377.—  AN  ACT  to  authorize  the  State  of  Illinois  to  surrender  a  township  of 
land  granted  to  said  State  for  a  seminary  of  learning,  and  to  locate  other  lands  in 
lieu  thereof.  % 


March  2,1831. 
Vol.  4,  p.  475. 


Land 


granted 
" 


Be  it  enacted,  $-c.,  That  the  State  of  Illinois  be,  and  is  hereby  author- 
ized  to  relinquish  to  the  United  States,  township  number  five,  north  of  ano 

range  number  one  west,  situate  in  the  county  of  Fayette,  in  said  State,  |r  land  located. 
heretofore  granted  to  the  said  State,  for  the  use  of  a  seminary  of  learning, 
and  to  locate  upon  the  public  lands  within  said  State,  the  sale  of  which 
is  authorized  by  law,  one  entire  township  of  land  or  a  quantity  of  land 
equal  thereto,  in  tracts  of  not  less  than  the  quarter  of  a  section,  (a) 


(a)  See  No.  346. 


No.  378.— AN  ACT  to  ascertain  and  mark  the  line  between  the  State  of  Alabama     March  2, 1831. 

and  the  Territory  of  Florida,  and  the  northern  boundary  of  the  State  of  Illinois,      Vol.  4,  p.  479. 

and  for  other  purposes. 

******* 

SEC.  3.  And  be  it  further  enacted,  That  the  President  of  the  United     Commissioners 
States  is  hereby  authorized  to  cause  the  surveyor-general  of  the  United  of  northern  boun- 
States  for  the  States  of   Illinois  and  Missouri,  and  the  Territory  ofaaryo1 
Arkansas,  to  act  as  a  commissioner  on  the  part  of  the  United  States, 
whenever  he  shall  be  duly  informed  that  the  government  of  the  State 
of  Illinois  shall  have  appointed  a  commissioner  on  its  part,  the  two  to 
form  a  board,  to  ascertain,  survey  and  mark  the  northern  line  of  the 
State  of  Illinois,  as  defined  in  the  act  of  Congress,  entitled  "  An  act  to 
enable  the  people  of  the  Illinois  Territory  to  form  a  constitution  and 
State  government,  &c.,"  passed  the  eighteenth  of  April,  one  thousand 
eight  hundred  and  eighteen ;  and,  in  case  of  vacancy  in  said  office  of 
commissioner,  or  of  his  being  unable  to  act  from  any  cause,  the  Presi- 
dent is  authorized  te  fill  such  vapancy  by  the  appointment  of  some 
other  qualified  person,  whenever  it  may  be  necessary,  until  the  object 
of  the  commission  shall  be  attained. 

SEC.  4.  And  be  it  further  enacted,  That  the  said  board  of  commission-  Surveyors,  &c. 
ers  shall  have  power  to  employ  the  necessary  surveyors  and  labourers, 
and  shall  meet  at  such  time  and  place  as  may  be  agreed  upon  by  the 
President  of  the  United  States  and  the  government  of  the  State  of  Illi- 
nois, and  proceed  to  ascertain,  survey  and  mark  the  said  northern  line 
of  the  State  of  Illinois,  and  report  their  proceedings  to  the  President  of 
the  United  States,  and  the  governor  of  the  State  of  Illinois. 

SEC.  5.  And  be  it  further  enacted,  That  the  President  may  allow  to  the     Compensation, 
said  commissioner  of  the  United  States,  such  compensation  for  his  serv- 
ices as  shall  seem  to  him  reasonable  :  Provided,  It  does  not  exceed  the    Proviso, 
allowance  made  by  the  State  of   Illinois  to  the  Commissioner  on  its 
part:  and  the  said  allowance,  together  with  one-half  of  the  necessary    Expenses     of 
expenses  of  said  board,  and  the  surveyors  and  labourers,  and  the  allow-  Florida  and  Ala. 
ance  to  be  made  to  the  surveyors-general  of  the  State  of  Alabama  and  t>ama  line- 
the  Territory. of  Florida,  and  the  necessary  expenses  incurred  by  them 
in  running  and  marking  said  line  between  said  State  and  Territory,  shall 
be  paid  from  the  Treasury  of  the  United  States,  out  of  any  money  not 
otherwise  appropriated ;  and,  to  enable  the  President  to  carry  this  act 
into  effect,  there  is  hereby  appropriated  the  sum  of  two  thousand  dol- 
lars, (a) 

(a)  See  Nos.  326,  337,  34fi,  347,  394. 


166 


ILLINOIS. 


Jan.  19, 1832.       No.  379.— AN  ACT  to  authorize  the  State  of  Illinois,  to  sell  twenty  thousand  acre* 
Vol.  4,  p.  496.  of  the  saline  lands  in  said  State. 

State     author-     Be  it  enacted,  $~c.,  That  the  State  of  Illinois  be,  and  is  authorized  and 

ized  to  sell.          empowered  to  sell  and  dispose  of,  twenty  thousand  acres  (in  addition 

to  the  thirty  thousand  acres  heretofore  authorized  to  be  sold)  of  the 

lands  granted  to  said  State  for  the  use  and  support  of  the  salt  works, 

known  by  the  name  of  the  "  Ohio  saline,"  in  the  county  of  Gallatin,  in 

said  State ;  the  said  twenty  thousand  acres  of  land  to  be  selected  and 

Proceeds,  how  sold,  and  the  proceeds  thereof  applied  in  such  manner  as  the  general 

be  applied.       assembly  of  Illinois  have  directed,  or  hereafter  may  direct,  (a) 

(a)  See  Nos.  342,  346,  369,  375,  426,  445. 


March  15, 1832 
Vol.  6,  p.  479.  ' 


No.  380. 

* 


-AN  ACT  for  the  relief  of  Robert  Jones  and  William  A.  Fleming. 
****** 


W.  A.  Fleming     SEC.  2.  And  l)e  it  further  enacted,  That  William  A.  Fleming  be,  and  he 
authorized  to  sur- is  hereby,  authorized  to  surrender  to  the  register  and  receiver  of  the 
tfficate  &c    C6r"  !and  office  .at  Vandalia> in  the  State  of  Illinois,  the  certificate  heretofore 
issued  to  him  for  the  west  half  of  the  southeast  quarter  of  section  thir- 
ty-two, in  township  number  ten  north,  range  five  east,  which  was  pur- 
chased by  him  through  mistake ;  and  said  William  A.  Fleming,  on  filing 
his  relinquishment  to  all  right  and  title  thereto,  is  authorized  to  enter, 
in  the  said  land  office  at  Vandalia,  any  other  half  quarter-section  of 
public  land  subject  to  entry  at  private  sale. 


July  14, 1832. 
Vol.  4,  p.  594. 


No.  381.— AN  ACT  to  provide  for  the  extinguishment  of  the  Indian  title  to  lane 
lying  in  the  States  of  Missouri  and  Illinois, 


and  for  other  purposes. 


[See  MISSOURI,  No.  1021.] 


Feb.  19,  1833. 
Vol.  6,  p.  535. 


Be  it 


^0<  382.—  AN  ACT  for  the  relief  of  Enoch  Wilhoet. 

That  Enoch  Wilhoet  be,  and  he  is  hereby,  authorize 


Relinquish-  to  relinquish  to  the  United  States,  in  such  form  as  the  Commissioner  of 
ment  and  entry  the  General  Land  Office  shall  prescribe,  the  west  half  of  the  southwest 
of  certain  lands  quarter  of  section  number  eight,  in  township  number  seven  north,  range 
number  eleven  west,  in  the  district  of  lands  offered  for  sale  at  Palestine,. 
in  the  State  of  Illinois  ;  and,  upon  such  relinquishment  being  made  as 
aforesaid,  the  said  Wilhoet  shall  be,  and  he  is  hereby,  authorized  to 
enter  any  other  half  quarter-section  of  land  in  the  said  district,  which 
shall  be  liable  to  entry  at  private  sale. 


March  2,  1833.    No.  383.—  AN  ACT  to  create  sundry  new  land  offices, 
Vol.  4,  p.  653.  °f  other  land  offices  of  the  United  States. 

—  -          ******* 

Ouincv   dis-     ^EC.  6>  -^nd  ^e  ^  furt^ier  enacted,  That  so  much  of  the  Edwardsville 

trict  ;  part  of  Ed-  land  district  as  lies  north  and  northwest  of  the  Illinois  River,  between 

wardsville     dis-  said  river  and  the  Mississippi,  be,  and  the  same  is  hereby,  attached  to 

trict       attached  ^he  Quincy  land  district,  in  the  State  of  Illinois  ;  and  that  ranges  one 

and  two  west  of  the  third  principal  meridian,  embracing  all  townships 

from  the  base  line  to  the  southern  boundary  of  the  Sangamon  land  dis- 

Vandalia    dis-  trict,  be,  and  the  same  is  hereby,  attached  to  the  Vandalia  land  district 

trict  ;      addition  in  said  State.    The  said  transfer  to  be  effected  under  the  direction  of 

thereto.  the  Secretary  of  the  Treasury,  (a) 

*  *  *  *  *  *  * 


(a)  See  Nos.  196,  332,  339,  350,  360,  363,  374,  389,  449. 


ILLINOIS.  167 

No.  384.— AN  ACT  to  authorize  the  county  commissioners  for  the  county  of  Peoria.      March  2, 1833. 

in  the  State  of  Illinois,  to  enter  a  fractional  quarter-section  of  land  for  a  seat  of     Vol.  6,  p.  538. 

justice,  and  for  other  purposes. 

Be  it  enacted,  $-c.,  That  the  commissioners  for  the  county  of  Peoria,  in     Commissioners 
the  State  of  Illinois,  be,  and  they  are  hereby,  authorized  to  enter  with  authorized,  &c. 
the  register  and  receiver  of  the  public  lands  at  Springfield,  in  said 
State,  (for  the  use  of  said  county,)  the  residue  of  the  northeast  frac- 
tional quarter  of  section  number  nine,  in  township  number  eight  north, 
in  range  number  eight  east :  Provided,  That  nothing  in  this  act  shall  be     Proviso, 
so  construed  as  to  interfere  with  the  claim  or  claims  of  any  other  per- 
son or  persons,  to  said  fractional  quarter-section. 

SEC.  2.  And  be  it  further  enacted,  That  the  heirs  or  legal  representatives    Heirs,  &c.,  of 
of  J.  Latham,  deceased,  be,  and  they  are  hereby,  authorized  to  with-  J.  Latham  may 
draw  and  relocate  the  claim  which  was  illegally  located  on  said  frac-  rel°cate» &c- 
tional  quarter-section,  upon  any  other  quarter-section  of  public  land, 
to  which  it  may,  by  law,  be  applicable,  (a) 

(a)  See  No.  392. 


No.  385.— AN  ACT  to  amend  an  act,  entitled  "An  act  to  grant  a  quantity  of  land     March  2, 1833. 
to  the  State  of  Illinois,  for  the  purpose  of  aiding  in  opening  a  canal  to  connect  the      Vol.  4,  p.  662. 

waters  of  the  Illinois  Iliver  with  those  of  Lake  Michigan,"  and  to  allow  further  — • — 

time  to  the  State  of  Ohio  for  commencing  the  Miami  Canal  from  Dayton  to  Lake 
Erie. 

Be  it  enacted,  $c.,  That  the  lands  granted  to  the  State  of  Illinois  by     Lands  granted 
the  act  to  which  this  is  an  amendment,  may  be  used  and  disposed  of  by  to  '" 
said  State,  for  the  purpose  of  making  a  railroad  instead  of  a  canal  as  in 
said  act  contemplated  ;  and  that  the  time  for  commencing  and  complet- 
ing said  canal  or  railroad,  whichever  the  State  of  Illinois  may  choose 
to  make,  be  and  is  extended  five  years :  Provided,  That  if  a  railroad  is 
made  in  place  of  a  canal,  the  State  of  Illinois  shall  be  subject  to  the 
same  duties  and  obligations,  and  the  Government  of  the  United  States 
shall  be  entitled  to,  and  have  the  same  privileges  on  said  railroad, 

which  they  would  have  had  through  the  canal,  if  it  had  been  opened,  (a) 

*  *  *  *  *  *  * 

(a)  See  Nos.  358,  367,  417,  435. 


No.  386.— AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  the     March  2, 1833. 

CMic  surveys  to  be  connected  with  the  line  of  demarcation  between  the  States  of     Vol.  4,  p.  663. 
iana  and  Illinois.  


[See  INDIANA,  No.  266.] 


No.  387.— AN  ACT  for  the  relief  of  George  Staley.  March  24  1834. 

Be  it  enacted,  #c.,  That  George  Staley  be,  and  he  is  hereby  authorized     Yo1'  6»P-556- 
to  relinquish  to  the  United  States,  in  such  form  as  the  Commissioner     May  relinquish 
of  the  General  Land  Office  shall  prescribe,  the  east  half  of  the  south-  a  certain  tract  of 
east  quarter  of  section  number  twelve,  in  township  number  four,  south, land-  and    enter 
range  number  ten  east,  containing  eighty  acres,  in  the  district  of  lands  an 
offered  for  sale  at  Sha  wneetown,  in  the  State  of  Illinois ;  and  upon  such 
relinquishmeut  being  made  as  aforesaid,  the  said  Staley  shall  be,  and 
he  is  hereby  authorized  to  enter  in  lieu  thereof,  any  other  half  quarter- 
section  of  land  in  said  district,  which  shall  be  liable  to  entry  at  private 
sale,  and  which  does  not  contain  more  than  eighty  acres. 


No.  388.— AN  ACT  for  the  relief  of  Noah  Staley.  March  24, 1834. 

Be  it  enacted,  $c.,  That  Noah  Staley  be,  and  he  is  hereby  authorized     Yol-6»P-557- 
to  relinquish  to  the  United  States,  in  such  form  as  the  Commissioner  of    Mayrelinquish 
the  General  Land  Office  shall  prescribe,  the  southeast  quarter,  of  the  a  certain  tract  of 
northeast  quarter  of  section  number  twelve,  township  number  four,  ]fnn0?nearnd    enter 
south,  range  number  ten,  east,  containing  forty  acres,  in  the  district  of 
lands  offered  for  sale  at  Shawneetown,  in  the  State  of  Illinois  ;  and  upon 
such  relinquishment  being  made  as  aforesaid,  the  said  Staley  shall  be, 
and  he  is  hereby  authorized  to  enter  any   other  quarter  of  a  quarter- 
section  of  land  in  said  district,  in  lieu  thereof,  which  shall  be  liable  to 
entry  at  private  sale,  and  which  does  not  contain  more  than  forty 
acres. 


168  ILLINOIS. 

June  26.  1834.     No.  3S9.— AX  ACT  to  create  additional  land  districts  in  tho  States  of  Illinois  and 
Vol.  4,  p.  686.  Missouri,  and  in  the  territory  north  of  the  State  of  Illinois. 


Four  new  land  Be  it  enacted,  $~c.,  That  all  that  tract  of  country  lying  north  of  the 
districts  created,  dividing  line  between  township  number  twelve  and  thirteen,  north  of 
the  base  line  running  through  the  military  bounty  lands,  and  that  tract 
of  country  lying  north  of  the  dividing  line  between  townships  number 
thirty  and  thirty-one,  north  of  the  old  base  line  included  in  the  State 
of  Illinois,  and  all  that  tract  of  country  lying  north  of  the  State  of 
Illinois,  west  of  Lake  Michigan,  and  south  and  southeast  of  the  Wis- 
consin and  Fox  rivers  of  Green  Bay,  in  the  present  Territory  of  Mich- 
igan, be  laid  off  into  four  new  land  districts,  to  be  divided  and  desig- 
nated as  follows,  to  wit :  That  tract  lying  within  the  State  of  Illinois, 
as  above  described,  shall  be  divided  by  a  north  and  south  line,  drawn 
between  the  range  of  townships  number  three  and  four,  east  of  the 
third  principal  meridian,  and  that  on  the  west  side  of  said  line  shall  be 
called  the  northwest,  and  that  on  the  east,  the  northeast  land  district 
of  the  State  of  Illinois ;  and  all  that  tract  north  of  the  State  of  Illinois, 
west  of  Lake  Michigan,  south  and  southeast  of  the  Wisconsin  and  Fox 
rivers,  included  in  the  present  Territory  of  Michigan,  shall  be  divided 
by  a  north  and  south  line,  drawn  from  the  northern  boundary  of  Illi- 
nois, along  the  range  of  township  line  next  west  of  Fort  Winnebago, 
to  the  Wisconsin  River,  and  be  called,  the  one  on  the  west  side,  the 
Wisconsin,  and  that  on  the  east  side,  the  Green  Bay  land  districts  of 
,  the  Territory  of  Michigan ;  which  two  districts  shall  embrace  the  coun- 

try north  of  said  rivers,  when  the  Indian  title  shall  become  extin- 
guished, and  the  Green  Bay  district  may  be  divided  so  as  to  form  two 
districts,  when  the  President  shall  deem  it  proper. 

President      to     SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  established  in 
designate    place  eajC^  of  the  SSL[^  iand  districts,  one  land  office,  at  such  time  and  place 
as  the  President  may  designate,  to  be  removed  whenever  he  may  deem 
it  expedient  for  the  public  convenience,  (a) 

Registers  and  SEC.  3.  And  be  it  further  enacted,  That  the  President,  by  and  with  the 
receivers  to  be  consent  of  the  Senate,  so  soon  as  a  sufficient  number  of  townships  are 
surveyed,  and  returns  thereof  made  to  the  General  Land  Office,  to 
authorize  the  commencement  of  the  sales  in  either  of  the  said  districts, 
to  appoint  one  register,  and  one  receiver  for  each  land  office  so  estab- 
lished, who  shall  reside  at  the  place  designated  for  the  land  office,  and 
give  security,  and  discharge  all  duties  pertaining  to  such  office  as  pre- 
scribed by  law. 

Land  to  be  re-  SEC.  4.  And  be  it  further  enacted,  That  the  President  shall  be  author- 
served  for  mili-  ized,  so  soon  as  the  survey  shall  have  been  completed,  to  cause  to  be 
tary  posts.  offered  for  sale,  in  the  manner  prescribed  by  law,  all  the  lands  lying  in 

said  land  districts,  at  the  land  offices  in  the  respective  districts  in  which 
the  land  so  offered  is  embraced,  reserving  only  section  sixteen  in  each 
township,  the  tract  reserved  for  the  village  of  Galena,  such  other  tracts 
as  have  been  granted  to  individuals  and  the  State  of  Illinois,  and  such 
reservations  as  the  President  shall  deem  necessary  to  retain  for  military 
posts,  any  law  of  Congress  heretofore  existing  to  the  contrary  notwith- 
standing. (&) 

******* 

SEC.  7.  *  *  *  Provided,  That  nothing  in  this  act  shall  be  so  con- 
strued as  to  permit  the  officers  appointed  in  either  of  the  foregoing  land 
districts  to  receive  compensation  out  of  the  Treasury  of  the  United 
States. 

(a)  See  Nos.  196,  332,  339,  350,  360,  363,  374,  383,  449. 

(&)  See  Xos.  328,  330,  33'2,  334,  336,  337,  338,  339,  341,  351,  360,  370,  374,  432,  433,  440. 


June  30, 1834.  W°»  390. — AN  ACT  granting  land  to  certain  exiles  from  Poland. 

Vol.  4,  p.  743.        Be  u  cnac^  fc^  That  tnere  be?  gnd  is  hereby,  granted  to  Lewis 
Thirty-six  sec-  Banezakiewitz  and  his  associates,  being  two  hundred  and  thirty -five 
tions  of  land  in  exiles  f rom  Poland,  transported  to  the  United  States  by  the  orders  of 
gann0iranted    to  the  Emperor  of  Austria,  thirty-six  sections  of  land,  to  be  selected  by 
Polish  exiles.       them,  under  the  direction  of  the  Secretary  of  the  Treasury,  in  any  three 
adjacent  townships  of  the  public  lands  which  have  been,  or  may  here- 
after be  surveyed,  situated  within  the  limits  of  the  State  of  Illinois  or 
the  Territory  of  Michigan 

Names  of  the      SEC  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
grantees    to   be  retary  of  the  Treasury  to  obtain  an  authenticated  list  of  the  names  of 


ILLINOIS. 


169 


the  aforesaid  two  hundred  and  thirty-five  Polish  exiles,  and  cause  the  recorded  in  the 
same  to  be  filed  and  recorded  in  the  office  of  the  Commissioner  of  the  General  Land  Of  - 
Oeneral  Land  Office.  fice- 

SEC.  3.  And  be  it  further  enacted,  That  immediately  after  the  said     Land  to  be  di- 
thirty-six  sections  of  land  shall  be  surveyed  and  located  in  the  manner  vided  by  lot,  in 
prescribed  in  the  first  section  of  this  act,  it  shall  be  the  duty  of  the  Sec-  e(lualPor 
retary  of  the  Treasury  to  cause  the  said  thirty-six  sections  to  be  divided 
into  equal  parts  among  the  said  two  hundred  and  thirty -five  Poles,  by 
'  )t,  under  such  regulations  as  the  said  Secretary  may  prescribe. 
SEC  4.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  each  and     Ton  years'  oc- 
rery  of  the  said  grantees  to  enter  upon  and  take  possession  of  the  cupancy  to  enti- 
;spective  lots  of  land  assigned  to  them  and  each  of  them ;  and,  after    € 
le  expiration  of  ten  years,  the  said  grantees,  respectively,  shall  be  en- 
itled  to  a  patent  for  the  lot  of  land  assigned  to  them  as  aforesaid :  Pro- 
ided,  That  the  said  grantees  shall,  during  the  said  term  of  ten  years, 
without  intermission,  actually  inhabit  and  cultivate  the  said  township 
E  land  in  the  ratio  of  one  settlement  for  every  five  hundred  acres 
lereof ;  and,  on  due  proof  of  such  habitation  and  cultivation  to  the  Sec- 
jtary  of  the  Treasury,  and  of  the  payment  into  the  proper  land  office 
f  the  minimum  price  per  acre,  at  the  time  of  such  payment,  within  the 
lid  term  of  ten  years,  patents  shall  be  granted  as  aforesaid,  and  not 
therwise.  (a) 
(a)  See  No.  411. 


Proviso. 


No.  391.— AN  ACT  for  the  relief  of  John  Kirkpatrick.  June  30,  1834. 

Be  it  enacted,  <fc.,  That  the  Commissioner  of  the  General  Land  Office  — 
hereby  authorized  and  required  to  issue,  upon  application,  to  John    Scrip  to  be  is- 
arkpatrick,  his  legal  representatives  or  assigns,  scrip  to  the  amount  of  8n 
ighty  dollars,  being  so  much  of  the  original  purchase  money  paid  to 
"le  receiver  of  the  land  office  at  Shawneetown,  Illinois,  for  the  purchase 
the  southeast  quarter  of  section  eighteen,  township  six,  south  of 
inge  one  east,  of  the  lands  offered  for  sale  at  Shawneetown,  which  land 
ras  forfeited,  and  has  reverted  to  the  United  States;  said  scrip  to  be 
Bceivable  in  payment  for  the  purchase  of  the  same  or  any  other  land 
rhich  has  been  offered  for  sale  in  the  State  of  Illinois. 


392.— AN  ACT  to  authorize  the  heirs  and  legal  representatives  of  James 
Latham,  deceased,  to  withdraw  and  relocate  a  land  warrant. 


June  30,  1834. 
Vol.  6,  p.  598. 


Be  it  enacted,  $c.,  That  the  heirs  and  legal  representatives  of  James    Authorized  to 
Latham,  deceased,  be,  and  they  are  hereby,  authorized  to  withdraw  the  withdraw  a  land 
land  warrant  or  claim  which  was  located  on  the  northeast  fractional  warrant  and  to 
quarter  of  section  number  nine,  in  township  number  eight  north,  in  game.0  * 
range  east,  in  Peoria  County,  Illinois  ;  and  to  relocate  the  same  on  any 
surveyed  land  which  has  not  been  reserved  from  sale  in  the  State  of 
Illinois  ;  and  which  is  subject  to  entry  at  private  sale:  Provided,  That 
it  shall  not  be  located  on  any  land  upon  which  an  improvement  has 
been  made,  without  first  obtaining  the  permission  in  writing  of  the 
person  who  may  occupy  any  such  improvement,  (a) 

(a)  See  No.  384. 


Proviso. 


No.  393.— AN  ACT  for  the  relief  of  Jqhn  Tice,  assignee  of  William  Pennington.     March  3, 1835. 

Be  it  enacted,  #c,  That  John  Tice,  assignee  of  William  Pennington  be,     VoL6'P-615- 
and  he  is  hereby,  authorized  to  select  any  quarter- section  of  land  in  the     May  select   a 
tract  heretofore  assigned  for  military  bounties,  in  the  State  of  Illinois,  quarter-section 
not  otherwise  appropriated,  and  containing  no  more  than  one  hundred 
and  sixty  acres,  in  lieu  of  the  southeast  quarter  of  section  twenty-eight, 
of  township  eight  north,  in  range  one  west,  which  was  on  the  seven- 
teenth day  of  March,  eighteen  hundred  and  eighteen,  patented  to  said 
Pennington  in  mistake.    And  on  reporting  the  selection  hereby  author- 
ized to  the  register  of  the  proper  land  district,  accompanied  by  a  relin- 
quishment  to  the  United  States  of  the  title  of  said  Tice,  to  said  quarter- 
section  twenty- eight,  a  patent  shall  issue  in  the  name  of  said  Tice,  for 
the  quarter-section  selected  as  aforesaid. 


170  ILLINOIS. 

June  23, 1836.     No.  394.— AX  ACT  to  settle  and  establish  the  northern  boundary  line  of  the  State 
Vol.  5,  p.  56.  of  Ohio. 


Which  line  SEC.  3.  And  be  it  further  enacted,  That  the  northern  boundary  line, 
shall  betaken  as  ascertained,  surveyed,  and  marked,  agreeably  to  a  law  of  Congress  en- 
from  the  middle  tifcled  "An  act  to  ascertain  and  mark  the  line  between  the  State  of  Ala- 
of  Lake  Michi-  bama  and  the  Territory  of  Florida,  and  the  northern  boundary  of  the 
gan.  State  of  Illinois,  and  for  other  purposes,"  approved  March  second, 

eighteen  hundred  and  thirty-one,  shall  be  deemed  and  taken  as  the  line 
west  from  the  middle  of  Lake  Michigan,  in  north  latitude  forty-two 
degrees  thirty  minutes,  to  the  middle  of  the  Mississippi  River,  as  denned 
in  the  act  of  Congress  entitled  "An  act  to  enable  the  people  of  the  Illi- 
nois Territory  to  form  a  constitution  and  State  government,  and  for  the 
admission  of  such  State  into  the  Union  on  an  equal  footing  with  the 
original  States,"  approved  eighteenth  of  •  April,  eighteen  hundred  and 
eighteen,  and  shall  be  and  for  ever  remain  the  northern  boundary  line 
of  said  State,  (a) 

(a)  See  Xos.  326,  337,  346,  347,  378. 


July  2, 1836.       No.  395.— AX  ACT  to  amend  an  act  entitled,  "An  authorizing  the  laying  off  a 
Vol.  5,  p.  79.          town  on  Bean  River,  in  the  State  of  Illinois,  and  for  other  purposes,"  approved 
fifth  February,  eighteen  hundred  and  twenty -nine. 

Board  of  com-  £e  it  enacted,  <$-c.,  That  all  acts  and  duties  required  to  be  done  and 
performed  by  the  surveyor  of  the  States  of  Illinois  and  Missouri,  and 
the  Territory  of  Arkansas,  under  the  act  to  which  this  is  an  amendment, 
shall  be  done  and  performed  by  a  board  of  commissioners  of  three  in 
number,  any  two  of  whom  shall  form  a  quorum  to  do  business :  said 
commissioners  to  be  appointed  by  the  President  of  the  United  States, 
and  shall,  previous  to  their  entering  upon  the  discharge  of  their  duties, 
take  an  oath  or  affirmation  to  perform  the  same  faithfully  and  im- 
partially. 
Power  of  com-  SEC.  2.  And  be  it  further  enacted,  That  the  said  commissioners  shall 

missioners.  also  have  power  to  hear  evidence  and  determine  all  claims  to  lots  of 
ground  arising  under  the  act  to  which  this  is  an  amendment,  and  for 
this  purpose  the  said  commissioners  are  authorized  to  administer  all 
oaths  that  may  be  necessary,  and  reduce  to  writing  all  the  evidence  in 
•  support  of  claims  to  pre-emption  presented  for  their  consideration  ;  and 
when  all  the  testimony  shall  have  been  heard  and  considered,  the  said 
commissioners  shall  file  with  the  register  and  receiver  of  the  land  office 
at  Galena,  the  testimony  in  each  case,  together  with  a  certificate  in 
favor  of  each  person  having  the  right  of  pre-emption  ;  and  upon  making 
payment  to  the  receiver  at  Galena,  for  the  lot  or  lots  to  which  such 
person  is  entitled,  the  receiver  shall  grant  a  receipt  therefor,  and  issue 
certificates  of  purchase,  to  be  transmitted  to  the  General  Land  Office, 
as  in  other  cases  of  the  sale  of  public  land. 
Duties  of  reg-  SEC.  3.  And  be  it  further  enacted,  That  the  register  and  receiver  at 

ist.er  and  re  Galena,  after  the  board  of  commissioners  have  heard  and  determined 
all  the  cases  of  pre-emption  under  the  act  to  which  this  is  an  amend- 
ment, shall  expose  the  residue  of  lots  to  public  sale  to  the  highest  bidder, 
after  advertising  the  same  in  three  public  newspapers  at  least  six  weeks 
prior  to  the  day  of  sale,  in  the  same  manner  as  is  provided  for  the  sale 
of  the  public  lands  in  other  cases ;  and  after  paying  to  the  commis- 
sioners the  compensation  hereinafter  allowed  them,  and  all  the  other 
expenses  incident  to  the  said  survey  and  sale,  the  receiver  of  the  land 
office  shall  pay  over  the  residue  of . the  money  he  may  have  received 
from  the  sale  of  lots  aforesaid,  by  pre-emption  as  well  as  at  public 
auction,  into  the  hands  of  the  county  commissioners  of  Jo  Daviess 
County,  to  be  expended  by  them  in  the  erection  of  public  buildings, 
and  the  construction  of  suitable  wharves  in  the  town  of  Galena. 
Commissioners  SEC.  4.  And  be  it  further  enacted,  That  the  commissioners  appointed 

to  be  paid  by  the  to  carry  this  act  into  effect,  shall  be  paid  by  the  receiver  six  dollars 
Beiver*  each,  per  day,  lor  their  services,  for  every  day  they  are  necessarily 

employed,  (a) 

(a)  See  No.  370. 


ILLINOIS. 


171 


396.—  AN  ACT  for  the  relief  of  the  executors  of  James  O'Harra,  late  of  Pitts- 
burg,  deceased. 


vonn 
Vol.  6,  p.  670. 


, 

r    Be  it  enacted,  #c.,  That  the  register  of  the  land  office  at  Kaskaskia  be  ,Land,  clatrns  ta 
required  to  issue  certificates  of  confirmation  on  the  several  claims  to  land  D£ 
confirmed  to  the  said  James  O'Harra  by  the  governor  of  the  Indiana 
Territory,  upon  those  claims  whereon  such  certificates  have  not  hereto- 
j  .     fore  been  issued  :  Provided,  Teat  the  whole  amount  of  such  certificates    Proviso. 
lall  not  be  for  more  than  six  thousand  six  hundred  acres  of  land. 
SEC.  2.  And  be  it  further  enacted,  That  said  certificates  may  be  located  . 
ipon  land  subject  to  private  entry  in  any  land  office  in  Illinois,  estab-  ln 
ished  for  the  sale  of  the  public  land  agreeably  to  the  provisions  of  the 
act  entitled  "An  act  confirming  certain  claims  to  land  in  the  Illinois 
'erritory,  and  providing  for  their  location  ;"  and  patents  shall  be  issued 
tierefore,  agreeably  to  the  said  act. 

SEC.  3.  And  be  it  further  enacted,  That  the  executors  of  said  James 
Harra  are  hereby  authorized,  to  locate  or  assign  said  certificates,  as 
ey  may  deem  most  beneficial,  to  the  heirs  and  representatives  of  said 
Harra* 


To  be  located 


Executors 


rs  may 


No.  397.— AN  ACT  for  the  relief  of  Josette  Beaubien  and  her  children.  July  2, 1836. 

Vol.  6,  p.  676. 

Be  it  enacted,  #c.,  That  Josette  Beaubien  be,  and  she  hereby  is,  per 

mitted,  under  such  instructions  as  may  be  given  by  the  Secretary  of  the     Allowed  to  re- 
Treasury,  for  herself  and  her  children,  to  relinquish  to  the  United  States  i^j"18 
all  the  right,  title,  interest,  claim,  and  demand  that  she  and  her  chil-  anoth'er~tract 
dren  have,  or  ever  had,  to  two  sections  of  land  reserved  to  her  and  them 
in,  and  by  virtue  of,  a  treaty  made  at  Tippecanoe,  in  the  year  one  thou- 
sand eight  hundred  and  thirty-two,  between  the  United  States  and  the 
Pottawatamie  tribe  of  Indians ;  and  that,  in  lieu  thereof,  she  be  per- 
mitted to  locate,  for  herself  and  her  said  children,  twelve  hundred  and 
eighty  acres  of  land,  in  legal  subdivisions,  upon  any  of  the  public  lands 
subject  to  private  entry,  situate  and  lying  within  the  bounds  of  the 
lands  to  which  the  Indian  title  was  extinguished  by  virtue  of  said  treaty. 


March  2,  1837. 


No.  398.— AN  ACT  for  the  relief  of  Catharine  Myott. 

Be  it  enacted,  #c.,  That  the  proper  officers  be,  and  they  are  hereby, 
authorized  to  cause  the  east  half  of  section  fourteen,  in  township  forty-    A  half-section 
four  north,  range  one  east,  third  principal  meridian,  in  the  State  of  of  la?£  to  be  set 
Illinois,  to  be  set  apart  and  designated  for  Catharine  Myott,  as  part  of  E 
the  reservation  to  which  she  is  entitled  under  the  provision  of  the  treaty 
made  at  Prairie  du  Chien  on  the  first  day  of  August,  eighteen  hundred 
"  twenty-nine. 


No.  399.— AN  ACT  for  the  relief  of  John  Newton. 

Be  it  enacted,  tfc.,  That  John  Newton,  late  a  private  in  Egerton's- 
ipauy  of  the  Eleventh  Regiment  of  Infantry,  be,  and  he  is  hereby, 


Feb.  6,  1839. 
Vol.  6,  p.  748. 


.  _  _  ,      ,  .  May  surrender 

mthorized  to  surrender  his  title  to  the  northwest  quarter  of  section  JJJJJ  ^ 
twenty-four,  of  township  three  north,  of  range  two  west  in  the  military  othej.  i^ 
>unty  district,  in  the  State  of  Illinois  ;  and  upon  making  such  surren- 
?r  of  title  to  the  satisfaction  of  the  Commissioner  of  the  General  Land 
ice,  said  John  Newton  is  hereby  authorized  to  enter,  without  pay- 
lent,  one  quarter- section  of  any  of  the  public  lands  subject  to  entry 
private  sale,  in  the  State  of  Illinois:  Provided,  That  said  John  New-    Proviso, 
shall  avail  himself  of  the  benefits  intended  to  be  granted  by  this 
within  two  years  from  the  passage  thereof :  And  provided,  also,  That    Proviso, 
ich  entry  shall  not  be  made  on  lands  on  which  any  settlement  or  im- 
ement  has  been  or  shall  be  made  at  the  time  of  the  application  to 
lake  such  entry,  where  the  settler  or  settlers,  or  person  or  persons, 
mking  such  improvements,  shall,  at  such  time,  be  entitled  to  the  right 
"  pre-emption  to  such  land  under  the  existing  laws  of  Congress. 


172  ILLINOIS. 

Feb.  6,  1839.  No.  40O.— AX  ACT  to  confirm  the  sale  of  certain  reservations. 

Be  it  enacted,  $-c.,  That  the  sale  of  the  following  reserve,  under  the 


Land:  sale  con-  provisions  of  the  second  article  of  the  treaty  with  the  Pottawatamies 
firmed.  of  the  Prairie  of  twentieth  of  October,  eighteen  hundred  and  thirty- 

two,  to  wit :  "  five  sections  for  Shaw-was-nas-see,  to. include  Little  Rock 
village,"  be,  and  the  same  hereby  is,  confirmed  to  Cyrus  Taber,  and 
Allen  Hamilton  and  Hirani  Todd,  the  purchasers  from  the  said  reservee  : 

Proviso.  Provided,  That  no  such  sale  or  conveyance  of  said  lands,  or  any  part 

thereof,  shall  be  valid  or  effectual  until  every  such  conveyance  or  deed 
shall  be  submitted  to  the  President  of  the  United  States  for  his  appro- 
bation ;  and  if,  after  inquiry  into  the  facts  and  circumstances  attending 
the  contracts  for  the  sale  of  any  of  the  said  lands  as  aforesaid,  he  shall  be 
satisfied  that  such  contracts  were  fair,  and  that  the  consideration  paid 
or  secured  to  be  paid  therefor  is  adequate,  he  shall  endorse  his  approval 
on  each  conveyance  and  deed  so  approved,  and  thereafter  the  same 
shall  be  deemed  valid  and  effectual. 


March  2,  1839.  No.  401.— AN  ACT  for  the  relief  of  Samuel  Dickerson. 

_ !_      Be  it  enacted,  $-c.,  That  Samuel  Dickerson,  of  Sangamon  County,  Illi- 

Upon  relin-  nois,  be,  and  he  hereby  is,  authorized  to  relinquish  to  the  United  States, 
quishing  certain  in  such  manner  as  the  Secretary  of  the  Treasury  shall  direct,  the  east 
land,  authorized  half  of  the  northwest  quarter  of  section  eighteen,  township  sixteen 
tract  north,  range  one  west;  and  upon  his  making  such  relinquishment, 

he  shall  be  authorized  to  enter  with  the  register  and  receiver  of  the 
land  office  at  Springfield,  Illinois,  the  came  quantity  of  any  of  the  un- 
appropriated land,  in  said  land  district,  which  shall  be  subject  to  sale  at 
private  entry. 

March  2,  1839.  No.  4O2.— AN  ACT  for  the  relief  of  Daniel  Malone. 

Be  it  enacted,  #c.,  That  on  Daniel  Malone  surrendering  to  the  United 


Upon  snrren-  States  all  his  right  of  the  west  half  of  the  northeast  quarter  of  section 

denng  his  "g^1  number  thirty-five,  in  township  number  four  south,  range  three  west 

may  enter  a  like  in  the  Kaskaskia  land  district,  in  the  State  of  Illinois,  the  register  is 

<inantity.  hereby  authorized  and  required  to  permit  the  said  Malone  to  enter  in 

said  district  the  same  quantity  of  land  so  surrendered  as  above  stated, 

out  of  any  lands  not  otherwise  disposed  of,  and  subject  to  private 

entry. 


March  3,  1839.  NO.  403.-AN  ACT  for  the  relief  of  Isaac  Miller. 

Vol.  6,  p.  765. 

Be  it  enacted,  <$-c.,  That  Isaac  Miller,  of  Union  County,  Illinois,  be, 


May  surrender  and  he  is  hereby,  authorized  to  relinquish  to  the  United  States,  in  such 
land    certificate,  form  as  the  Commissioner  of  the  General  Land  Office  may  require,  cer- 
reean"  tificate  number  five  hundred  and  twenty,  for  the  southwest  quarter  of 
the  northwest  quarter  of  section  twenty-two,  in  township  eleven  south, 
of  range  three  west,  in  the  district  of  lands  subject  to  entry  at  Kas- 
kaskia,  Illinois ;  and  upon  such  relinquishment  being  made,  as  afore- 
said, the  said  Isaac  Miller  shall  be,  and  he  is  hereby,  authorized  to  enter 
any  other  forty  acres  in  the  Kaskaskia  land  district,  in  the   State  of 
Illinois. 


March  3,  1839.  Wo»  404.— AN  ACT  for  the  relief  of  Philip  Catner. 

Vol.  6,  p.  766.         ge  it  enacte^  g.Cti  That  Philip  Catner  be,  and  he  is  hereby,  authorized 
Authorized  to  to  relinquish  to  the  United  States,  in  such  form  as  the  Commissioner  or 
relinquish  c«r- the  General  Land  Office  may  prescribe,  the  northeast  quarter  of  the 
tain   land,  and  southeast  quarter  of  section  number  twenty-one,  in  township  number 
«n  t  e r    another  eieven  south,  of  range  number  three  west,  in  the  district  of  land  offered 
for  sale  at  Kaskaskia,  Illinois  ;  and  upon  such  relinquishment  being 
made,  as  aforesaid,  the  said  Philip  Catner  shall  be,  and  he  is  hereby, 
authorized  to  enter  any  other  quarter  quarter-section,  containing  not 
more  than  forty  acres,  in  the  district  of  lands  subject  to  sale  at  Kas- 
kaskia, in  the  State  of  Illinois,  subject  to  private  entry. 


ILLINOIS.  173 

No.  405.— AN  ACT  for  the  relief  of  Peter  Samuel  Jaccard.  March  3,  1839. 

Be  it  enacted,  #c.,  That  Peter  Samuel  Jaccard,  grantee  of  eighty  acres  — 
of  land  in  section  thirty-one,  in  township  thirteen  south,  range  two  r_^ntb?"zed  t£ 
east,  be,  and  he  is  hereby,  authorized  to  relinquish  to  the  United  States,  enterland.    ' 
in  such  form  as  the  Commissioner  of  the  General  Land  Office  shall  pre- 
scribe, the  certificate  to  the  above- described  eighty  acres  of  land  ;  and 
upon  such  relinquishment  being  made,  as  aforesaid,  the  said  Peter 
Samuel  Jaccard  shall  be,  and  he  is  hereby,  authorized  to  enter  any  other 
half  quarter-section  of   land  in  the  land  district  of   Shawneetown, 
Illinois. 


No.  406.— AN  ACT  to  authorize  James  Alexander  to  relinquish  certain  land,  and     May  2,  1840. 
to  locate  other  land  in  lieu  thereof.  Vol.  6,  p.  797. 

Be  it  enacted,  tyc.,  That  James  Alexander  be,  and  he  is  hereby,  author-     ^utll  riz  a 
ized  to  relinquish  to  the  United  States  the  east  half  of  the  southeast  relinquish21  cer- 
quarter  of  section  number  three,  in  township  number  nine  north,  in  tain  1  a  n  d    and 
range  fourteen  west  of  the  second  principal  meridian,  in  the  Palestine  enter  another 
land  district,  State  of  Illinois ;  and  that  he  be  permitted  to  enter,  in  lieu tract- 
thereof,  a  like  quantity  of  land  within  the  limits  of  said  district  subject 
to  private  entry. 


No.  407.  AN  ACT  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war  to  May  27, 1840. 
surrender  the  bounty  lands  drawn  by  them  and  to  locate  others  in  lieu  thereof,  Vol.  5,  p.  380. 
and  for  other  purposes. 


[See  ARKANSAS,  No.  1216.] 


No.  4O8.— AN  ACT  granting  a  section  of  land  for  the  use  of  schools  in  St.  Clair     July  20, 1840. 
County,  State  of  Illinois.  Vol.  6,  p.  810. 


Be  it  enacted,  #c.,  That  one  section  of  the  public  lands  subject  to  pri-     Another  sec' 
vate  entry  and  sale  in  the  State  of  Illinois,  be  located  for  the  use  and  tion  to  be  located 
benefit  of  schools  for  the  inhabitants  of  township  one  north,  range  ten  in  , lieu,  of   the 
west  of  the  third  principal  meridian,  in  said  State,  in  lieu  of  the  six- S12 
teenth  section,  which  has  been  appropriated  by  the  Government  for  the 
use  of  private  claims. 

SEC.  2.  And  ~be  it  further  enacted,  That  any  person  appointed  by  the    By  whom  to  be 
county  commissioners'  court  of  the  county  of  St.  Clair,  in  the  State  of  located. 
Illinois,  be,  and  ho  is  hereby,  authorized  to  locate  the  said  section  named 
in  this  act  for  the  purposes  above  named,  (a) 

(a)  See  Nos.  337,  338,  342,  346,  356,  413,  418,  443,  444. 


No.  409.— AN  ACT  for  the  relief  of  Gurdqn  S.  Hubbard,  Kobert  A.  Kinzie,  and     Feb  18  1841 

others.  Vol.' 6,  p.  818. 

Be  it  enacted.,  &c.,  That  the  reversionary  interest  of  the  United  States  ~ r 

in  and  to  the  following  Indian  reservations,  under  the  treaty  with  the  in£relte0f  uSS 
Pottawatomies  of  the  Prairie  and  Kankakee,  made  at  Camp  Tippecanoe,  states  in  certain 
on  the  twentieth  day  of  October,  anno  Domini  one  thousand  eight  hun-  reservations,  re- 
dred  and  thirty-two,  be,  and  the  same  hereby  is,  relinquished  to  the  per-  linquished  toper, 
sons  hereinafter  named,  respectively,  that  is  to  say :  named 

To  Thomas  Durham  and  John  Blackstone,  according  to  their  several 
shares  as  purchased  of  Jacques  Jonveau,  the  section  reserved  by  said 
treaty  to  said  Jacques  Jonveau ; 

To  Noel  Vasseur,  six  hundred  and  forty  acres  of  the  reservation  to 
Me-she-ke-ton-o,  reference  being  had  to  the  deed  of  said  reservee  to  said 
Vasseur  for  location  and  more  particular  description  thereof ; 

To  Gurdon  S.  Hubbard,  E.  K.  Hubbard,  H.  G.  Hubbard,  and  Noel  Vas- 
seur, the  remaining  one  section  of  the  reservation  to  said  Me-she-ke- 
ton-o  ; 

To  Noel  Vasseur,  the  one  section  reserved  to  Francis  Le  Vice  j 

To  Gurdon  S.  Hubbard  and  Richard  J.  Hamilton,  the  reservation  to 
Joseph  Leframboise  and  Therese,  his  wife ; 

To  Robert  A.  Kinzie  and  Richard  J.  Hamilton,  the  reservation  of  one 
section  to  Archange  Peltier ; 


174  ILLINOIS. 

To  Richard  J.  Hamilton,  the  reservation  of  one  section  to  Min-e- 
manng. 

Conditions    on      It  being  understood,  and  this  relinquishment  is  made  upon  the  con- 
which  the  relin-  ditjon,  that  the  several  persons  herein  named  as  grantees  have  pur- 
made8  1S  chased  of  the  several  reservees,  by  authentic  and  regular  deeds,  their 
respective  rights  in  and  to  the  said  reservations :   And  provided,  further, 
That  no  sale  or  conveyance  of  said  reservations  by  the  said  reservees 
shall  be  deemed  regular,  nor  shall  this  act  have  effect,  until  the  Presi- 
dent of  the  United  States  shall  have  approved  such  conveyance,  and  en- 
dorsed his  approval  thereon. 


March  19,  1842.  iyo.  41O.— AX  ACT  to  authorize  the  governors  of  the  States  of  Illinois,  Arkansas 
Vol.  5,  p.  471.  and  Missouri  to  cause  to  be  selected  the  lands  therein  mentioned. 


Section  8  of  act     Be  it  enacted,  $c.,  That  so  much  of  the  eighth  section  of  the  act  enti- 

°f  f'fiPti  4'  1841>  tled  ''^n  act  to  aPPr°Priate  the  proceeds  of  the  sales  of  the  public 
lands,  and  to  grant  pre-emptions,"  approved  September  fourth,  eighteen 
hundred  and  forty-one,  as  provides  that  the  selections  of  grants  of  lands 
made  to  the  several  States,  therein  mentioned,  for  the  purposes  of  inter- 
nal improvement,  shall  be  made,  respectively,  in  such  manner  as  the 
legislatures  thereof  shall  direct,  is  so  far  modified  as  to  authorize  the 
governors  of  the  States  of  Illinois,  Arkansas  and  Missouri  to  cause  the 
selections  to  be  made  for  those  States  without  the  necessity  of  conven- 
ing the  legislatures  thereof  for  that  purpose,  (a) 

(a)  See  No.  440. 


April  14,  1842.    jvo.  41 1.— AN  ACT  relative  to  the  act  entitled  "  An  act  granting  lands  to  certain 
roL  5,  p.  473.         exiles  from  Poland,"  approved,  thirtieth  June,  eighteen  hundred  and  thirty-four. 

Acts  now  in      Be  it  enacted,  $c.,  That  the  acts  now  in  force  for  the  sale  of  the  public 
nib  He  lands»  and  granting  pre-emption  rights  to  actual  settlers,  be,  and  the 
lands,    &c.     ex-  s^1116  are  hereby,  declared  to  extend  to,  and  include,  the  lands  selected 
tended  to  certain  in  townships  forty-four,  forty- five,  and  forty-six,  north  of  the  base  line, 
lands  selected  range  one  east,  of  the  third  principal  meridian,  Iving  in  the  State  of 
™tin«r 2Sdsato  Illinoi8>  by  Lewis  Clopicki,  under  color  of  the  act  entitled,  "An  act 
Polish  exiles.        granting  lands  to  certain  exiles  from  Poland."    The  said  selections  not 
having  been  made  in  pursuance  of  the  provisions  of  said  act,  which  act 
is  hereby  declared  to  be  in  full  force,  for  the  benefit  of  said  Polish  ex- 
iles, (a) 

(a)  See  No.  390. 


June  22,  1842.     NO.  412.— AN  ACT  authorizing  the  county  commissioners  of  Lake  County,  Illinois, 
vol.  b,  p.  832.  to  enter  a  quarter-section  of  land  for  a  seat  of  justice  in  said  county. 

Authorized  to  Be  it  enacted,  <f  c.,  That  upon  proof  being  made  to  the  Secretary  of 
enter  a  tract  of  the  Treasury  of  the  payment  of  the  minimum  price  per  acre  by  the 
the  on^fomerfv  county  of  Lake>  in  the  ^tate  of  Illinoi8,-  to  the  United  States,  for  the 
selected  for  a  seat  southeast  quarter  of  section  twenty-one,  in  township  forty-five  north,  of 
of  justice.  range  twelve,  east  of  the  third  principal  meridian,  upon  which  the 

county  seat  of  said  county  is  located,  it  shall  be  lawful  for  the  President 
of  the  United  States  to  cause  a  patent  for  said  land  to  be  issued  to  said 
county,  in  lieu,  and  in  full  satisfaction  •of  the  claim  of  said  county  to 
enter  one  quarter-section  of  land  in  virtue  of  the  act  of  the  twenty- 
sixth  May,  eighteen  hundred  and  twenty-four,  entitled  "An  act  grant- 
ing to  the  counties  or  parishes  of  each  State  and  Territory  of  the  United 
States  in  which  the  public  lands  are  situated  the  right  of  pre-emption 
Proviso.  to  quarter-sections  of  land  for  seats  of  justice  within  the  same  :"  Pro- 

rided,  Said  county  shall  relinquish  in  such  form  as  the  Secretary  of  the 
Treasury  shall  prescribe,  all  claim  whatever  to  the  north  east  quarter  of 
section  twenty-one,  township  forty -four,  range  eleven  east,  lying  in  said 
county,  and  which  tract  was  first  selected  by  said  county  for  the  use  of 
the  county  seat  for  said  county,  in  virtue  of  the  provisions  of  the  act 
aforesaid. 


ILLINOIS.  175 

No.  413.— AN  ACT  to  confirm  the  sale  of  a  certain  school  section  in  the  State  of     Aug.  1,  1842. 
Illinois,  and  for  other  purposes.  Vol.  6,  p.  847. 

Be  it  enacted,  $-c.,  That  the  sale  heretofore  made  of  section  number    Land  sale  con- 
xteen,  in  township  number  thirty-nine,  north  of  range  fourteen,  east  firmed, 
of  the  third  principal  meridian,  in  the  State  of  Illinois,  by  and  under  the 
authority  of  said  State,  with  the  assent  of  the  inhabitants  of  the  con- 
gressional township,  in  which  said  section  is  situate,  be,  and  the  same 
is  hereby  confirmed  :  Provided,  That  this  act  shall  be  construed  as  only    Proviso. 
giving  the  assent  of  the  United  States  to  said  sale,  and  to  the  patents 
issued  by  the  State  of  Illinois  to  the  purchasers  of  the  same,  so  far  as 
e  United  States  are  concerned  in  the  matter,  (a) 

(a)  See  Nos.  337,  338,  342,  346,  356,  408,  418,  443,  444. 


No.  414.— AN  ACT  for  the  relief  of  John  A.  Rockwell.  Aug.  1, 

Be  it  enacted,  $-c.,  That  the  President  of  the  United  States  be,  and  he.   Yol-  6' 


hereby  is,  authorized  to  issue  a  patent  to  John  A.  Rockwell,  or  his  le-     Patent   to    be 
gal  representatives,  lor  the  southeast  quarter  of  section  number  lour-  issued  to  him  for 
teen,  m  township  number  thirty-three,  north  of  lange  one,  tust  of  the  ce 
thud  principal  meridian,  in  the  district  of  lands  formerly  subject  to   ' 
sale  at  the  land  office  at  Galena,  in  the  State  of  Illinois :  Provided,  That     Proviso, 
the  said  John  A.  Rockwell,  or  his  legal  representatives,  shall  satisfac- 
torily appear  to  the  Secretary  of  the  Treasury  to  have  been  the  legal 
assignee  of  Richard  Long,  of  the  certificate  of  purchase  of  said  lands, 
or  shall  prove  to  the  satisfaction  of  the  Secretary  of  the  Treasury  that 
he  holds  a  conveyance  for  the  same,  executed  to  him  by  the  said  Rich- 
ard Long  before  his  right  of  pre-emption  to  the  said  lands  had  been  set 
aside  by  the  proper  Department,  on  account  of  a  defect  in  the  proof  of 
cultivation. 


No.  415.— AN  ACT  for  the  relief  of  Daniel  B.  Bush.  Ang  ^  1842> 

Be  it  enacted  $c.,  That  Daniel  B.  Bush,  grantee  under  John  Smith,  be     VoL  6>  p'  850' 
and  he  is  hereby,  authorized  to  relinquish  to  the  United  States,  in  such     Authorized  to 
form  as  the  Commissioner  of  the  General  Land  Office  shall  prescribe,  relinquish  and  re- 
the  southwest  quarter  of  section  thirty-five,  of  township  thirteen  south,  enter  land- 
in  range  two  west,  in  the  tract  appropriated  by  acts  of  Congress  grant- 
ing land  to  the  late  army  of  the  United  States ;  which  tract  3f  land  ap- 
pears to  be  but  a  small  fraction,  not  conforming  to  the  law  under  which 
it  was  granted;  and  upon  such  relinquishment  being  made  as  aforesaid, 
the  said  Daniel  B.  Bush  shall  be,  and  he  is  hereby  authorized  to  enter 
any  other  quarter-section  in  the  land  district  in  which  said  fraction  is 
situated  in  the  State  of  Illinois,  which  shall  be  liable  to  entry  at  pri- 
vate sale,  and  not  in  the  occupancy  of  any  actual  settler :  Provided,  The     Proviso, 
said  Daniel  B.  Bush,  shall  prove  to  the  satisfaction  of  the  Secretary  of  the 
Treasury,  that  he  is  the  bona-fide  purchaser  of  the  land  specified  in  the 
patent,  and  that  he  holds  the  same  for  said  fractional  quarter-section 
granted  to  John  Smith,  father  and  heir  at  law  of  Edward  Smith,  de- 
ceased. 


No.  416.— AN  ACT  for  the  the  relief  of  William  Osteen,  of  Illinois.  Aug.  11, 1842. 

Be  it  enacted,  #c.,  That  William  Osteen,  of  the  county  of  Franklin  in     ™-  6'  P-  853- 
the  State  of  Illinois,  be,  and  he  is  hereby,  authorized,  within  six  months     Authorized   to 
from  the  date  of  this  act,  to  surrender  to  the  Secretary  of  the  Treasury  surrender  land 
to  be  cancelled,  the  certificate   of  the  land  offices  at  Shawneetown,  in  certificate,  and  to 
said  State,  for  the  north  half  of  the  southeast  quarter  of  section  number 
twenty-nine,  in  township  number  seven  south,  range  number  two  east, 
lying  in  the  Shawneetown  land  district,  in  the  State  aforesaid  ;  which 
was  entered  by  said  William  Osteen  by  mistake,  and  in  lieu  thereof,  he 
is  hereby  authorized  to  enter  the  like  quantity  of  land  in  legal  subdi- 
visions, elsewhere  in  said  land  district :  Provided,  The  same  be  subject    Proviso, 
to  private  entry,  and  not  subject  to  the  right  of  pre-emption. 


176  ILLINOIS. 

Aug.  29, 1842.     No.  41 7.— AX  ACT  to  authorize  the  States  of  Indiana  and  Illinois  to  select  certain 

Vol.  5,  p.  542.         quantities  of  land,  in  lieu  of  like  quantities  heretofore  granted  to  the  said  States, 

for  the  construction  of  the  Wabash  and  Erie  and  the  Illinois  and  Michigan  canals'. 


Lands  to  be  se-      SEC.  2.  And  be  it  further  enacted)  That  the  Governor  of  the  State  of 
lected  in  lien  of  Illinois  is  hereby  authorized  to  cause  to  be  selected,  from  any  of  the 
C 


forChe  ^JnSjois  unsold  public  lands  in  that  State,  not  subject  to  the  right  of  pre-emp- 
and  Michigan  tion,  the  quantity  of  five  thousand  seven  hundred  and  sixty  acres,  in 
Canal.  lieu  of  sections  numbered  three  and  nine,  in  township  thirty-two, 

north  of  range  three  east  ;  sections  thirteen  and  twenty-one,  in  town- 
ship thirty-four,  north  of  range  six  east;  sections  twenty-five  and 
thirty-three  in  township  thirty-three,  north  of  range  eleven  east  ;  and 
sections  thirteen,  nineteen,  and  twenty-one,  in  township  thirty-three, 
north,  of  range  eight,  east  of  the  third  principal  meridian,  heretofore 
selected  by  the  said  State  under  "An  act  to  grant  a  quantity  of  land  to* 
the  State  of  Illinois,  for  the  purpose  of  aiding  in  opening  a,  canal  to  con- 
nect the  waters  of  the  Illinois  Kiver  with  those  of  Lake  Michigan,"  bat 
which  had  been  sold  and  patented  to  individuals  by  the  United  States, 
before  the  location  by  the  said  State  had  been  approved. 

Selections  to  be     SEC.  3.  And  be  it  further  enacted,  That  the  selections  of  lands  made  un- 
reported  to  Sec-  der  this  act  shall  be  reported  by  the  governors  of  the  said  States  re- 
Treasurv     and  spectively,  to  the  Secretary  of  the  Treasury,  and  approved  by  the  Presi- 
approvea'  by  the  dent  of  the  United  States,  (fl) 
President.  (O)  See  Xos.  358,  367,  385,  435. 

Feb.  15,  1843.       No.  418.—  AX  ACT  to  authorize  the  legislatures  of  the  States  of  Illinois,  Arkan- 
Vol.  5,  p.  600.          aas,  Louisiana,  and  Tennessee,  to  sell  the  lands  heretofore  appropriated  for  the  us» 
-     of  schools  in  those  States. 


Authority    to     Be  it  enacted,  $c..  That  the  legislatures  of  Illinois,  Arkansas,  Louisi- 
provide  for  the  ana,  and  Tennessee,  be,  and  they  are  hereby,  authorized  to  provide  by 
lands  &c   *          law  for  tlie  sale  and  conveyancel  'm  fee-simple,  of  all  or  any  part  of  the 
lands  heretofore  reserved  and  appropriated  by  Congress  for  the  nse  of 
schools  within  said  States,  and  to  invest  the  money  arising  from  the 
sales  thereof  in  some  productive  fund,  the  proceeeds  of  which  shall  be 
forever  applied,  under  the  direction  of  said  legislatures,  to  the  use  and 
support  of  schools  within  the  several  townships  and  districts  of  coun- 
try for  which  they  were  originally  reserved  and  set  apart,  and  for  no  other 
Proviso,  use  or  purpose  whatever :  Provided,  Said  land,  or  any  part  thereof,  shall 

in  no  wise  be  sold  without  the  consent  of  the  inhabitants  of  such  town- 
ship or  district,  to  be  obtained  in  such  manner  as  the  legislatures  of 
Apportionment  said  States  shall  by  law  direct ;  and  in  the  apportionment  of  the  pro- 
of the  proceeds,    ceeds  of  said  fund,  each  township  and  district  shall  be  entitled  to  such 
.part  thereof,  and  no  more,  as  shall  have  accrued  from  the  sum  or  sums 
of  money  arising  from  the  sale  of  the  school  lands  belonging  to  such 
township  or  district. 

Authority    t  o     SEC.  2.  And  be  it  further  enacted,  That  the  legislatures  of  said  States  be, 
make  .laws    for  and  they  are  hereby,  authorized  to  make  such  laws  and  needful  regula- 
prptection       of  tions  as  may  be  deemed  expedient  to  secure  and  protect  from  injury  or 
ids,  <tc.      waate,  the  sections  reserved  by  the  laws  of  Congress,  for  the  use  of 
schools,  to  each  township,  and  to  provide  by  law,  if  not  deemed  expe- 
dient to  sell,  for  leasing  the  same  for  any  term  not  exceeding  four  years, 
in  such  manner  as  to  render  them  productive,  and  most  conducive  to 
the  object  for  which  they  were  designed. 

In  case  of  in-  SEC.  3.  And  be  it  further  enacted,  That  if  the  proceeds  accruing  to  any 
sufficiency  of  township  or  district  from  said  fund,  shall  be  insufficient  for  the  support 
said  proceeds  to  of  schools  therein,  it  shall  be  lawful  for  said  legislatures  to  invest  the 
tutffo^t  8Cth00-18'  same  in  the  most  secure  and  productive  manner,  until  the  whole  pro- 
vest  them  until  ceeds  of  the  fund  belonging  to  such  township  or  district  shall  be  ade- 
adequate.  quate  to  the  permanent  maintenance  and  support  of  schools  within  the 

Proviso  same  :  Provided,  That  the  legislatures  aforesaid  shall,  in  no  case,  invest 

the  proceeds  of  the  sale  of  the  lands  in  any  township  in  manner  afore- 
said, without  the  consent  of  the  inhabitants  of  said  township  or  dis- 
trict, to  be  obtained  as  aforesaid. 

Such  sales  as  SEC.  4-  ^nd  be  it  further  enacted,  That  any  sales  of  such  lands,  reserved 
have  been  made  as  aforesaid,  as  have  been  made  in  pursuance  of  any  of  the  laws  en- 
not  inconsistent  acted  by  the  legislatures  of  said  States,  and  not  inconsistent  with  the 
Dies  o*f  th?"  ?t"  PrinciPle8  of  this  act,  are  hereby  ratified  and  confirmed  so  far  as  the 
confirmed.  '  assent  of  the  United  States  to  the  same  may  be  necessary  to  the  con- 
firmation thereof,  (a) 

(a)  See  NOB.  337,  338,  342,  346,  35?,  408,  413,  443,  444. 


ILLINOIS.  177 


No.  419.— AN  ACT  for  the  relief  of  George  Davenport,   of  Eock  Island,  in  the     April  2,  1844. 
State  of  Illinois.  Vol.  6,  p.  908. 


Be  it  enacted,  <fc.,  That  George  Davenport  be,  and  he  is  hereby,  au-     Authorized  to 
thorized  to  enter  the  fractional  quarter-section  of  land  upon  which  he  e  n  t  e  r     certain 
resides,  on  Rock  Island,  in  the  State  of  Illinois,  it  being  the  southeast lai 
fractional  quarter  of  section  twenty-five,  in  township  numbered  eight- 
een north,  range  numbered  two  west  of  the  fourth  principal  meridian, 
upon  his  paying  to  the  receiver  of  public  moneys  of  the  United  States 
land  office  at  Dixon  the  minimum  price  of  one  dollar  and  twenty-five 
cents  per  acre  for  the  same,  upon  which  a  final  certificate  and  patent 
shall  issue,  as  in  other  cases. 


So.  420.—  AN  ACT  for  the  relief  of  William  Elliot,  junior,  of  Fulton  County,  State     March  11,  1846. 

of  Illinois.  Vol.  9,  p.  649. 

Be  it  enacted,  $c.,  That  William  Elliot,  junior,  of  Fulton  County,  State     William  Elliot, 
of  Illinois,  be  and  he  is  hereby  permitted  to  enter,  at  the  minimum  price  Jr-'  permitted  to 


per  acre,  the  northwest  quarter  of  section  thirty,  in  township  numbered 

five,  north  of  range  numbered  four,  east  of  the  fourth  principal  meridian, 

the  same  being  within  the  Quincy  land  district  in  said  State  ;  and  upon 

the  payment  of  the  purchase  money  therefor,  a  final  certificate  and  pat-     Final     certifi- 

ent  shall  issue  as  in  other  cases:  Provided,  That  if  any  bona-fide  assign-  gte  and  patent 

ment  or  sale  of  said  tract  were  made  by  said  William  Elliot,  junior,     provi80  incase 

after  his  erroneous  entry  thereof  in  February,  one  thousand  eight  hun-  of  assignment. 

dred  and  thirty-  six,  then  said  patent  shall  inure  to  the  benefit  of  such 

purchaser  or  assignee  of  said  William,  notwithstanding  said  original 

entry  may  have  been  subsequently  cancelled  by  order  of  the  Commis- 

sioner of  the  General  Land  Office. 


N«.  421.— AN  ACT  to  authorize  the  President  of  the  United  States  to  selj  the  re-  July  11, 1846. 
served  mineral  lands  in  the  States  of  Illinois  and  Arkansas,  and  Territories  of  Wis-  Vol.  9,  p.  37. 
consin  and  Iowa,  supposed  to  contain  lead  ore. 

Be  it  enacted,  #c.,  That  the  President  be,  and  he  hereby  is,  authorized,  as  All  the  reserv- 
soon  as  practicable,  to  cause  the  reserved  lead  mines  and  contiguous  ed  lead  mines  and 
lands  in  the  State  of  Illinois  and  Arkansas,  and  Territories  of  Wiscon-  i^ifJJS1^8 
sin  and  Iowa,  belonging  to  the  United  States,  to  be  exposed  to  sale,  in  tansas,  Wiscon- 
the  same  manner  that  other  public  lands  are  authorized  by  law  to  be  sin,  and  Iowa,  to 
sold,  except  as  hereinafter  provided.  be  exposed  to 

SEC.  2.  And  be  it  further  enacted,  That  six  months'  notice  of  the  times  8gj  x     mont]18' 
and  places  of  said  sales  shall  be  given  in  such  newspapers  of  general  pubiic  notice  to 
circulation,  in  such  of  the  States  as  the  President  may  think  expedient,  be  given  of  such 
with  a  brief  description  of  the  mineral  regions  of  the  States  of  Illinois  sales,  with  a  brief 
and  Arkansas,  and  Territories  of  Wisconsin  and  Iowa,  and  of  the  lands  Ascription,  &c. 
to  be  offered  for  sale ;  showing  the  number  and  localities  of  the  dif- 
ferent mines  now  known,  the  probability  of  discovering  others,  the 
quality  of  the  ore,  the  facilities  of  working  it,  the  further  facilities  (if 
any)  for  manufactories  of  shot,  sheet  lead,  and  paints,  and  the  means  and 
expense  of  transporting  the  whole  to  the  principal  markets  in  the  United 
States :  Provided,  That  the  said  lauds  shall  not  be  subject  to  the  rights    Proviso  as   to 
of  pre-emption  until  after  the  same  have  been  offered -at  public  sale  and  pre-emption, 
subject  to  private  entry. 

SEC.  3.  And  be  it  further  enacted,  That  upon  satisfactory  proof,  made  to    Any  tract  con- 
the  register  and  receiver  of  the  proper  land  office,  that  any  tract  or  tracts  taining  a  mine  or 
of  said  lands  contain  a  mine  or  mines  of  lead  ore,  actually  discovered  and  J^bTsoklin  such 
being  worked,  then,  and  in  that  case,  the  same  shall  be  sold  in  such  legal  i  e  g  a  1  subdivis- 
subdivision  or  subdivisions  as  will  include  such  mine  or  mines  ;  and  no  ions  as  will  in- 
bid  shall  be  received  therefor  at  a  less  rate  than  the  sum  of  two  dollars  clude  such  mine 
and  fifty  cents  per  acre  ;  and  if  such  tract  or  tracts  shall  not  be  sold  at  ^^bidiessthan 
such  public  sale,  at  such  price,  nor  shall  be  entered  at  private  sale  within  $o.50  per  acre  to 
twelve  months  thereafter,  then  the  same  shall  be  subject  to  sale  as  other  be  taken  within 
lands:  Provided,  That  no  legal  subdivision  of  any  of  said  lands,  upon  one  year, 
which  there  may  be  an  outstanding  lease  or  leases  from  the  Government  visionsnot^obe 
of  the  United  States,  or  their  authorized  agent,  unexpired  and  undeter-  sold  until  expira- 
mined,  shall  be  sold  until  after  the  determination  of  such  lease  or  leases  tion  of  lease. 
by  effluxion  of  time,  voluntary  surrender,  or  other  legal  extinguish- 
ment thereof,  (a) 

(a)  See  No.  342. 

12  L  O — VOL  II 


178  ILLINOIS. 

Jtilv  15, 1846.      IVo.  422.— AX  ACT  for  the  relief  of  Benjamin  Harris,  of  La  Salle  County.  State  of 
Yof.  9,  p.  652.  Illinois. 

Be niarnin  Har      Be  it  enacted,  #c.,  That  Benjamin  Harris,  of  La  Salle  County,  State  of 
ris  permitted  to  Illinois,  be,  and  he  is  hereby,  permitted  to  enter,  at  the  minimum  price 
enter  at  the  min-  per  acre,  the  southeast  fraction  of  the  northwest  quarter  of  section 
imum  price  cer-  twelve,  in  township  numbered  thirty-three  north,  range  numbered  three 
Dixonlami  dis  eas^  °^  ^e  third  principal  meridian,  in  the  Dixon  land  district  in  said 
trict,  Illinois.        State,  heretofore  entered  by  said  Benjamin  Harris  as  a  pre-emption  un- 
der the  act  of  the  nineteenth  of  June,  eighteen  hundred  and  thirty-four, 
and  which  entry  has  been  cancelled  for  irregularity  ;  and  on  the  pay- 
Patent  to  issue,  ment  of  the  purchase  money  therefor,  a  final  certificate  and  patent  shall 
Proviso,  in  case  issue  as  in  other  cases  :  Provided,  however,  If  any  transferor  assignment 
of  an  assignment.  of  the  right  of  the  said  Harris  has  been  made  by  him  to  any  other  per- 
son, the  privilege  hereby  granted  shall  extend  to  and  be  exercised  by 
his  assignee. 

Aug.  8, 1846.       IVo.  423.— AX  ACT  for  the  relief  of  "Wiley  B.  Parnell,  of  Blount  County,  Alabama, 
Vof  9,  p.  662.  and  James  A.  Whiteside,  of  Illinois. 


James      A-      SEC.  2.  And  be  it  further  enacted,  That  James   A.  Whiteside,  of  the 
Whitesideau-county  of  Hardin,  in  the  State  of  Illinois,  be,  and  he  is  hereby,  author- 
render  a  certain  ized  f°  surrender  the  patent  issued  to  him  from  the  Shawneetown  land 
patent  for  lands,  district,  in  said  State,  for  the  southwest  quarter  of  the  northeast  quar- 
ter of  section  eight,  in  township  eleven  south,  of  range  eight  east,  in 
said  land  district,  entered  and  patented  by  the  said  Whiteside,  on  the 
twenty-eighth  of  July,  eighteen  hundred  and  thirty-eight ;  and  upon 
the  surrender  of  said  patent  for  the  said  tract  of  land,  under  such  rules 
and    regulations  as  the  Commissioner  of  the  General  Land  Office  may 
Authorized   to  prescribe,  the   said  James  A.  Whiteside  is  hereby  authorized  to  locate 
enter    lands    in  and  enter,  in  lieu  thereof,  an  e  qual  quantity  of  land  to  that  so  surren- 
lieu  thereof.         dered,  anywhere  in  the  said  land  district  unsold,  and  to  which  no  pre- 
emption right  attaches :  Provided,  That  said  entry  shall  be  made  within 
six  months  after  the  passage  of  this  act. 


Autr  gj  1846  No.  424.— AX  ACT  for  the  relief  of  Eli  Merrill. 

Vof  9,  p.  670.  Be  it  enacted,  £c.,  That  upon  the  surrender  to  the  Commissioner  of  the 
"Wan-ant  for  160  ^enera>l  Land  Office,  by  Eli  Merrill,  of  letters-patent  issued  to  said  Eli 
acres  of  land  to  Merrill  for  a  tract  of  land  containing  one  hundred  and  sixty  acres,  be- 
be  issued  to  Eli  ing  the  northwest  quarter  of  section  twenty-six,  of  township  five  north, 
Merrill,  in  lieu  of  j[n  range  one  west,  in  the  tract  appropriated  for  military  bounties  in  the 
sued  LS"  Territory  of  Illinois,  and  upon  due  proof  made  that  said  Merrill  has 

made  no  conveyance  of  said  land,  the  said  Commissioner  of  the  Gen- 
eral Land  Office  shall  be,  and  is  hereby,  authorized  and  required  to 
issue  a  warrant  in  favor  of  said  Eli  Merrill  for  one  hundred  and  sixty 
acres  of  land  to  be  located  upon  any  unlocated  land  belonging  to  the 
United  States  and  now  subject  to  entry. 


Tan  -26  1847       ^°»  425. — AX  ACT  declaring  the  assent  of  Congress  to  certain  States  to  impose  a 
Vol'  9  p  118.         tex  uP°n  al1  lands  hereafter  sold  by  the  United  States  therein,  from  and  after  the 
'  *" '  v'  day  of  such  sale. 


[ See  OHIO,  No.  169.] 


March  3  1847     Ho*  426. — AX  ACT  to  give  the  consent  of  Congress  to  tne  sale  of  certain  salt-spring 
Yol.  9,  p.  181.  lands  heretofore  granted  to  the  State  of  Michigan,  Illinois,  and  Arkansas. 


Sale  of  saline  SEC.  2.  And  be  it  further  enacted,  That  the  State  of  Illinois  shall  be, 
lands  granted  to  and  hereby  is,  authorized  and  empowered  to  sell,  in  such  manner  as  the 
State  of  Illinois  legislature  of  the  said  State  shall  by  law  direct,  the  whole  or  any  part 
authorized.  of  tne  8anne  iaiuis  iying  in  Jackson 'County,  in  said  State,  which  were 

granted  to  the  State  of  Illinois,  by  virtue  of  "An  act  to  enable  the  peo- 
ple of  the  Illinois  Territory  to  form  a  constitution  and  State  govern- 
ment, and  for  the  admission  of  such  State  into  the  Union  on  an  equal 
footing  with  the  original  States,"  approved  April  eighteenth,  eighteen 
hundred  and  eighteen,  (a) 

•  ****•* 

(a)  See  Xoa.  342,  346,  369,  375,  379,  445. 


ILLINOIS.  179 


o.  427.— AN  ACT  authorizing  persons,  to  whom  reservations  of  land  have  been     March  9, 1848. 
made  under  certain  Indian  treaties,  to  alienate  the  same  in  fee.  Vol.  9,  p.  213. 


Be  it  enacted,  #c.,  That  all  the  reservations  to  or  for  any  person  or     Keservees   un- 
persons named  in  the  treaty  of  the  twentieth  day  of  October,  eighteen  der  treaty  of  Oct. 
hundred  and  thirty- two,  made  at  Camp  Tippecanoe,  in  the  State  of  In-  20'3178|)2  $fc  ij1' 
diana,  between  the  United  States  by  their  commissioners,  Jennings,  Da-p'o'ttawatomies, 
vis,  and  Grume,  and  the  chiefs  and  headmen  of  the  Pottawatomie  tribe  to  hold  their  land 
of  Indians  of  the  Prairie  and  Kankakee,  shall  be  so  construed  and  held in  fee-simple, 
to  convey  to  and  vest  in  said  reservees,  their  heirs,  and  assigns,  forever, 
an  estate  in  fee -simple  in  and  to  the  reservations  so  made,  by  said  treaty, 
to  or  for  said  reservees  respectively. 

SEC.  2.  And  be  it  further  enacted,  That  said  reservees,  or  their  heirs,     Said  lands  may 
may  sell  and  convey  all  or  any  part  of  his,  her,  or  their  respective  re-  be  alienated,  and 
serves;  and  such  sale  and  conveyance  shall  vest  in  the  purchaser,  hisf.ormerfialiena~ 
or  her  heirs  and  assigns,  such  title  as  is  described  in  such  deed  of  con- tlc 
veyance,  to  such  lands  so  sold  and  conveyed  :  Provided,  That  all  deeds 
of  conveyance  made  before  the  passage  of  this  act  shall  stand  upon  the 
same  footing  as  those  made  after  the  passage  of  this  act,  and  the  rights 
of  the  parties  shall  be  the  same  in  one  case  as  in  the  other :  Provided,    Approval     of 
That  such  deed  of  conveyance  for  any  of  said  lands,  made  before  or  the  alienation  by 
after  the  passage  of  this  act,  shall  not  be  valid  for  such  purpose  until  Presi(lent    made 
the  same  shall  have  been  approved  by  the  President  of  the  United  esi 
States. 


No.  428.— AN  ACT  for  the  relief  of  Charity  Herrington.  Aug.  12, 1848. 

Be  it  enacted,  #c.,  That  Charity  Herrington  be  authorized  and  per- 


mitted to  enter  at  the  minimum  price,  at  the  Chicago  land  office,  the  .Charity  Her- 
northeast  fractional  quarter  of  section  ten,  in  township  thirty-nine jjjjj1*^  Jnter'a" 
north,  of  range  eight  east,  of  the  third  principal  meridian,  and  a  patent  certain  fractional 
shall  issue  therefor  as  in  other  cases:  Provided,  That  this  act,  and  the  quarter-section 
patent  hereby  authorized  to  be  granted,  shall  not  have  the  effect,  or  be  of  land- 
construed,  to  impair  any  legal  or  equitable  claim  of  any  person  or  per-  Patent  to  issue, 
sons  whatsoever  to  said  tract  or  parcel  of  land. 


No.  429.— AN  ACT  for  the  relief  of  the  heirs  of  Jean  F.  Perry,  Josiah  Bleakley,      Dec.  21  1848 
Nicholas  Jarrot,  and  Robert  Morrison.  Vol.  9,  p.  749. 

Be  it  enacted,  #c.,  That  the  register  of  the  land  office  at  Kaskaskia  be  Certificates  of 
required  to  issue  certificates  of  confirmation  on  the  several  claims  to  confirmation  on 
lands  confirmed  to  the  said  Jeau  F.  Perry,  Josiah  Bleakley,  Nicholas  certain  land 
Jarrot,  and  Robert  Morrison,  by  the  governors  of  the  Northwestern  or  f^f0  j^  ep*®; 
Indiana  Territories,  upon  those  claims  where  such  certificates  have  not  ry,  Josiah  Bleak  - 
heretofore  issued,  which  certificates  shall  be  issued  to  the  heirs  of  the  ley,  Nich.  Jarrot, 
said  persons,  and  shall  not  exceed  in  the  whole  four  thousand  six  hun-  aPd  B°bei't  Mor- 
dred  acres  of  land.  rison. 

SEC.  2.  And  be  it  further  enacted,  That  such  certificates  may  be  located    Where    to  be 
in  legal  subdivisions  upon  any  land  subject  to  private  entry  in  any  land  located, 
office  in  Illinois,  established  for  the  sale  of  the  public  lands  agreeably  to 
the  provisions  of  the  act  entitled  "An  act  confirming  certain  claims  to 
land  in  the  Illinois  Territory,  and  providing  for  their  location,"  ap-     Patents  to  is- 
proved  April  sixteenth,  eighteen  hundred  and  fourteen,  and  patents  sue. 
shall  be  issued  therefor  agreeably  to  said  act. 


No.  430.- AN  ACT  for  the  relief  of  James  Hotchkiss.  March  3, 1849. 

Be  it  enacted,  #c.,  That  James  Hotchkiss  be,  and  he  is  hereby,  author ' P'  * 

ized  to  enter  at  the  Chicago  land  office,  in  the  State  of  Illinois,  at  the    James    Hotch- 
minimum  price,  the  northeast  quarter  of  section  thirty-one,  in  township  Center  ^otuS? 
thirty-nine  north,  and  range  eight  east,  of  the  third  principal  meridian :  ter  -section  of 
Provided,  That  said  Hotchkiss,  at  the  time  of  said  entry  and  purchase,  land, 
shall  satisfy  the  register  and  receiver  of  said  land  district  that  there  are    Proviso, 
no  adverse  or  other  claimants  to  said  tract  of  land,  or  to  any  part  thereof. 


180  ILLINOIS. 

March  3, 1849.  No.  431.-AX  ACT  for  the  relief  of  William  L.  Wigent 

'P' 1_      Be  it  enacted,  $*c.,  That  William  L.  Wigent  be,  and  he  is  hereby.au- 

William  L.  Wi-  thorized  to  enter  and  purchase,  at  the  minimum  price  of  the  public  lands 
gent  authorized  tjje  6OUtheast  quarter  of  section  numbered  twelve,  in  township  num- 
chase  a  certain  bered  thirty-five  north,  range  numbered  eleven  east,  of  the  third  princi- 
tract  of  land  in  pal  meridian,  in  the  northeastern  land  district  of  Illinois  ;  it  being  the 
Illinois.  game  tract  of  laud  on  which  the  said  Wigent  resides,  and  has  improved 

and  cultivated :  Provided,  The  said  Wigent,  at  the  time  of  said  entry 
and  purchase,  shall  satisfy  the  register  and  receiver  of  said  land  dis- 
trict that  there  are  no  adverse  or  other  claimants  to  said  tract  of  land, 
or  to  any  part  of  the  same. 

Sept.  20, 1850.     No.  432.— AX  ACT  granting  the  right  of  way,  and  making  a  grant  of  land  to  the 
Vol.  9,  p.  466.         States  of  Illinois,  Mississippi,  and  Alabama,  in  aid  of  the  construction  of  a  railroad 
from  Chicago  to  Mobile. 

Eight  of  way  Be  it  enacted,  $-c.,  That  the  right  of  way  through  the  public  lands  be, 
granted  for  rail-  an(j  the  8ame  is  hereby,  granted  to  the  State  of  Illinois  for  the  con- 
road  and  branch-  --  -  -  ° 


gan,  and   another  via  the  town  of  Galena  in  said  State,  to  Dubuque  in 
p      .  the  State  of  Iowa,  with  the  right  al  so  to  take  necessary  materials  of 

earth,  stones,  timber,  etc.,  for  the  constr  notion  thereof  :  Provided,  That 
the  right  of  way  shall  not  exceed  one  hundred  feet  on  each  side  of  the 
length  thereof,  and  a  copy  of  the  survey  of  said  road  and  branches, 
made  under  the  direction  of   the  legislature,  shall  be  forwarded  to  the 
proper  local  land  offices  respectively,  and  to  the  General  Land  Office  at 
Washington  City,  within  ninety  days  after  the  completion  of  the  same. 
Alternate  sec-      SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  is  hereby,  granted 
tions     of     land  to  tne  gtate  of  Illinois,  for  the  purpose  of  aiding  in  making  the  railroad 
and  branches  aforesaid,  every  alternate  section  of  laud  designated  by 
even  numbers,  for  six  sections  in  width  on  each  side  of  said  road  and 
branches ;  but  in  case  it  shall  appear  that  the  United  States  have,  when 
the  line  or  route  of  said  road  and  branches  is  definitely  fixed  by  the 
authority  aforesaid,  sold  any  part  of  any  section  hereby  granted,  or  that 
Pre-emption  the  right  of  preemption  has  attached  to  the  same,  then  it  shall  be  law- 
rights  secured,     f ui  for  any  agent  or  agents  to  be  appointed  by  the  governor  of  said  State, 
to  select,  subject  to  the  approval  aforesaid,  from  the  lands  of  the  United 
States  most  contiguous  to  the  tier  of  sections  above  specified,  so  much 
land  in  alternate  sections,  or  parts  of  sections,  as  shall  be  equal  to  such 
lands  as  the  United  States  have  sold,  or  to  which  the  right  of  preemp- 
tion has  attached  as  aforesaid,  which  lands,  being  equal  in  quantity  to 
one-half  of  six  sections  in  width  on  each  side  of  said  road  and  branches, 
the  State  of  Illinois  shall  have  and  hold  to  and  for  the  use  and  purpose 
Proviso.  aforesaid  :  Provided,  That  the  lauds  to  be  so  located  shall  in  no  case  be 

Further     pro- further  than  fifteen  miles  from  the  line  of  the  road  :  And  further  pro- 
viso, vided,  The  construction  of  said  road  shall  be  commenced  at  its  southern 
terminus,  at  or    near  the  junction  of  the  Ohio  and  Mississippi  rivers, 
and  its  northern  terminus  upon  the  Illinois  and  Michigan  Canal  simul- 
taneously, and  continued  from  each  of  said  points  until  completed, 
when  said  branch  roads  shall  be  constructed,  according  to  the  survey 
Further     pro-  and  location  thereof  :  Provided  further,  That  the  lands  hereby  granted 
viso.                    shall  be  applied  in  the  construction  of  said  road  and  branches  respect- 
ively, in  quantities  corresponding  with  the  grant  for  each,  and  shall  be 
disposed  of  only  as  the  work  progresses,  and  shall  be  applied  to  no  other 
Further     pro-  purpose  whatsoever  :  And  provided  further,  That  any  and  all  lands  re- 
vi80-  served  to  the  United  States  by  the  act  entitled  "An  act  to  grant  a  quan- 
tity of  land  to  the  State  of  Illinois,  for  the  purpose  of  aiding  in  opening 
a  canal  to  connect  the  waters  of  the  Illinois  River  with  those  of  Lake 
Michigan,  approved  March  second,  eighteen  hundred  and  twenty- seven, 
be,  and  the  same  are  hereby,  reserved  to  the  United  States  from  the 
operations  of  this  act. 

Price  of  lands     SEC.  3.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec- 
remaining  to  the  tions  of  land  which,  by  such  grant,  shall  remain  to  the  United  States, 
"United  States.      within  six  miles  on  each  side  of  said  road  and  branches,  shall  not  be 
sold  for  less  than  double  the  minimum  price  of  the  public  lands  when 
sold,  (a) 

Lands  granted      SEC.  4.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted 
to  be  used  only  to  the  said  State  shall  be  subject  to  the  disposal  of  the  legislature 


ILLINOIS.  181 

lereof,  for  the  purposes  aforesaid  and  DO  other;  and  the  said  railroad  for  the  purposes 
and  branches  shall  be  and  remain  a  public  highway,  for  the  use  of  the  aforesaid.  Rail- 
Government  of  the  United  States,  free  from  toil  or  other  charge  upon  JJJd*8™  Zt  &?* 
the  transportation  of  any  property  or  troops  of  the  United  States.  emment  of  Uni- 

SEC.  5.  And  be  it  further  enacted,  That  if  the  said  railroad  shall  not  be  ted  States. 
completed  within  ten  years,  the  said  State  of  Illinois  shall  be  bound  to  If  no.J  com- 
pay  to  the  United  States  the  amount  which  may  be  received  upon  the  P^ega YmnSs  to 
sale  of  any  part  of  said  lands  by  said  State,  the  title  to  the  purchasers  pay  the  United 
under  said  State  remaining  valid;  and  the  title  to  the  residue  of  said  states  the 
lands  shall  reinvest  in  the  United  States,  to  have  and  hold  the  same  in  amount  received 
the  same  manner  as  if  this  act  had  not  been  passed.  {J*  s*healot  ^™s 

SEC.  6.  And  be  it  further  enacted,  That  the  United  States  mail  shall  at  and  tne  Ian(j8 
all  times  be  transported  on  the  said  railroad  under  the  direction  of  the  unsold  reinvest. 

Post-Office  Department,  at  such  price  as  the  Congress  may  by  law     Transportation 
j  •       i  or  u  nit6ci  ottitcs 

direct.  mail 

SEC.  7.  And  be  it  further  enacted,  That  in  order  to  aid  in  the  continua-  AH  the  rights, 
tion  of  said  Central  Railroad  from  the  mouth  of  the  Ohio  River  to  the  etc.,  herein°con- 
city  of  Mobile,  all  the  rights,  privileges,  and  liabilities  hereinbefore  con-  f erred  on  Illinois 
ferred  on  the  State  of  Illinois  shall  be  granted  to  the  States  of  Alabama  JoAlabamTand 
and  Mississippi  respectively,  for  the  purpose  of  aiding  in  the  construe-  Mississippi,  to 
tion  of  a  railroad  from  said  city  of  Mobile  to  a  point  near  the  mouth  of  aid  in  construct- 
the  Ohio  River,  and  that  public  lands  of  the  United  States,  to  the  same  Jns  a  railroad 
extent  in  proportion  to  the  length  of  the  road,  on  the  same  terms,  lim-  ° 

itations,  and  restrictions  in  every  respect,  shall  be, and  is  hereby,  granted 
said  States  of  Alabama  and  Mississippi  respectively. 
)  See  STos.  328,  330,  332,  334,  336,  337,  338,  339,  341,  351,  360,  370,  374,  369,  433,  440. 


433 — AN  ACT  to  protect  actual  settlers  upon  the  land  on  the  line  of  the  Cen-    -August  2, 1852. 
tral  Railroad  and  branches,  by  granting  preemption  rights  thereto.  Vol.  10,  p.  27. 

Be  it  enacted,  $-c.,  That  each  and  every  person  now  an  actual  settler     Pre-emption 
and  occupant,  and  who,  on  the  twentieth  day  of  September,  in  the  year  rights  secured  to 
of  our  Lord  one  thousand  eight  hundred  and  fifty,  had  made  such  an  j^eo?  the  Gen- 
actual  settlement  and  improvement  as  would  have  entitled  him  to  a  tral  Railroad, 
right  of  preemption  under  the  act  of  September  fourth,  eighteen  hun- 
dred and  forty-one,  but  for  his  failure  to  give  the  requisite  notice  under 
that  law,  or  to  file  proof  within  due  time,  on  any  tract  of  land  now 
owned  by  the  United  States,  and  situated  within  the  limits  reserved 
from  sale  by  order  of  the  Government,  because  of  the  grant  of  alter- 
nate sections  to  the  States  of  Illinois,  Mississippi,  and  Alabama,  in  aid 
of  the  construction  of  the  Chicago  and  Mobile  Railroad  and  branches, 
by  virtue  of  an  act  of  Congress,  approved  September  twentieth,  eighteen 
hundred  and  fifty,  entitled,  "An  act  granting  the  right  of  way  and 
making  a  grant  of  land  to  the  States  of  Illinois,  Mississippi,  and  Ala- 
bama, in  aid  of  the  construction  of  a  railroad  from  Chicago  to  Mobile," 
(a)  shall  have  the  right  to  purchase,  at  the  price  established  by  law  in 
regulating  the  sales  of  said  lands,  a  quantity  of  the  tract  so  settled  on 
and  improved,  not  less  than  forty  nor  more  than  one  hundred  and  sixty 
acres,  in  legal  subdivions,  on  which  said  improvements  may  be  situated : 
Provided,  That  any  person  claiming  the  right  to  purchase  under  this  act     Claim    to    be 
shall,  before  the  actual  offering  of  the  tract  at  public  sale,  file  with  the  filed,  and  proof 
register  of  the  proper  land  office,  a  notice  describing  the  land  by  its  ^elve  months1 
numbers,  and  make  the  necessary  proof,  affidavit,  and  payment  for  the 
land,  within  twelve  months  from  the  date  of  this  act :  And  provided  fur-     Right  of  way 
ther,  That  the  right  of  wa;v  upon  and  across  any  tract  of  land  claimed  for  said  road  re- 
under  the  provisions  of  this  act,  not  exceeding  two  hundred  feet  in servea- 
width,  shall  be  reserved  and  retained  for  the  said  railroad  and  branches, 
as  the  same  may  be  located  and  constructed.  (&) 

(a)  See  No.  432. 

(&)  See  Nos.  328,  330,  332,  334,  336,  337,  338,  339,  341,  351,  360,  370,  374,  389,  432,  440. 


tfo.  434.— AN  ACT  for  the  relief  of  Jean  Baptiste  Beaubien.  August  1, 1 854. 

Be  it  enacted  fc.,  That  the  Commissioner  of  the  General  Laud  Office  be,     Vol.  10.  P.  805. 
and  he  is  hereby,  authorized  to  issue  a  patent  or  patents  to  Jean  Bap-     Commissioner 
tiste  Beaubien,  for  the  following  lots  as  described  and  numbered  on  the  of  General  Land 
survey  and  plat  of  the  Fort  Dearborn  addition  to  Chicago,  in  the  State  Office    to    issue 
of  Illinois,  made  under  the  order  of  the  Secretary  of  War,  and  now  on  patent  or  patei 


182  ILLINOIS. 

to  said  Beaubien  file  in  the  War  Office,  to  wit :  lots  number  one,  two,  three,  four,  five, 
for  certain  lots  of  an^  8iXj  of  block  number  four;  all  that  part  of  lots  numbered  eight  and 
Lot?  °18'  nine>  block  numl)er  two>  which  lies  south  of  the  line  of  excavation,  au- 
thorized by  the  act  of  Congress,  approved  twenty-first  July,  eighteen 
hundred  and  fifty -two  ;  and  all  that  part  of  lot  number  one,  block  num- 
ber five,  that  lies  within  the  following  boundaries,  to  wit :  commencing 
on  the  western  line  of  said  lot  number  one,  block  five,  at  a  point  ten 
feet  north  of  the  southern  line  thereof ;  thence  east,  parallel  with  said 
southern  line  two  hundred  and  fifty  feet  to  the  western  boundary  of 
the  lands  granted  by  the  United  States  to  the  Illinois  Central  Railroad 
Company ;  thence  north,  along  said  western  boundary  thirty-four  feet 
to  the  northern  line  of  said  lot  number  one,  block  five,  thence  west  along 
said  northern  line  two  hundred  and  fifty  feet  to  the  northwest  corner 
thereof;  thence  south  along  the  western  line  thereof  thirty-four  feet  to 
the  place  of  beginning. 


August  3, 1854.  No.  435.— AN  ACT  to  authorize  the  State  of  Illinois  to  select  the  residue  of  the 
Vol.  10,  p.  344.       lands  to  which  she  is  entitled  under  the  act  of  second  of  March,  eighteen  hundred 

and  twenty-seven,  granting  land  to  aid  that  State  in  opening  a  canal  to  connect  the 

waters  of  the  Illinois  River  with  those  of  Lake  Michigan. 

Residue  of  land  Be  it  enacted,  #c.  That  the  governor  of  the  State  of  Illinois  is  hereby 
granted  by  act  of  authorized  to  cause  to  be  selected,  the  balance  of  the  land  to  which  that 
1827,  how  select-  State  is  entitled  under  the  provisions  of  the  act  of  the  second  of  March, 
eighteen  hundred  and  twenty-seven,  granting  land  to  aid  that  State  in 
opening  a  canal  to  connect  the  waters  of  the  Illinois  River  with  those 
of  Lake  Michigan,  out  of  any  of  the  unsold  public  land  in  the  State 
subject  to  private  entry  at  one  dollar  and  twenty-five  cents  per  acre, 
and  not  claimed  by  preemption,  the  quantity  to  be  ascertained  upon 
the  principles  which  governed  the  final  adjustment  of  the  grant  to  the 
State  of  Indiana  for  the  Wabash  and  Erie  Canal,  under  the  provisions 
of  the  act  of  Congress  approved  the  ninth  of  May,  eighteen  hundred 
and  forty-eight,  (a) 

(a)  See  Nos.  358,  367,  385,  417. 


August  4, 1854.  No.  436.— AN  ACT  For  the  relief  of  Thomas  C .  Green. 

°  • 10' P-  82°-       Whereas,  it  satisfactorily  appears  that  a  bounty-land  patent  was  is- 

Preamble.  sued  on  the  twenty-ninth  of  November,  one  thousand  eight  hundred 
and  seventeen,  on  militia  land-warrant  number  nine  thousand  nine 
hundred  and  forty-two,  to  Charles  Mullin,  for  the  southwest  quarter  of 
section  thirty- six  in  township  eleven  north,  of  range  three  west,  in  the 
military  tract,  Illinois;  and  on  the  twenty-second  of  July,  one  thou- 
sand eight  hundred  and  eighteen,  a  patent  for  the  same  tract  was  issued 
in  error  to  the  heire  of  Benjamin  Knapp,  on  warrant  number  eight 
thousand  nine  hundred  and  thirteen,  Knapp's  warrant  having  been 
located  on  the  southeast  quarter  of  said  section,  and  said  quarter-sec- 
tion so  located  conveyed  to  one  Thomas  C.  Green  by  said  Knapp's  heirs: 
Therefore- 
Patent  for  Be  it  enacted,  $°c.,  That  the  Commissioner  of  the  General  Land  Office 
land  to  issue  to  be,  and  he  is  hereby,  required  to  issue  a  patent  to  Thomas  C.  Green  for 
Jen'  the  southeast  quarter-section  above  named  ;  and  that  said  patent  recite 
the  fact  that  the  former  one  was  filled  out  erroneously  for  the  south- 
west quarter,  and  has  been  lost,  and  therefore  a  new  patent  has  been 
issued  to  the  grantee  of  said  Knapp's  heirs. 


Jan.  24, 1855.  No.  437.  —AN  ACT  for  the  relief  of  David  B.  Sears. 

Vol.  10,  p.  843.       ^  ^  enacted,  #c.,  That  David  B.  Sears  be,  and  he  is  hereby,  authorized 
David  B.  Sears  to  enter  the  fractional  quarter-sections  of  land  on  Rock  Island,  in  the 
authorized  to  en-  Mississippi  River  and  State  of  Illinois,  necessary  to  secure  to  him  the 
full  and  complete  use  of  the  water-power  as  now  improved  and  used 
by  him  on  the  north  side  of  said  island  ;  they  being  the  east  half  of  the 
southwest  fractional  quarter  of   fractional  section  twenty-nine,  con- 
taining twenty- eight  acres  and  ten-hundredths,  the  southeast  fractional 
quarter  of  the  same  fractional  section,  containing  four  acres  and  nine 
hundredths,  and  the  northeast  fractional  quarter  of  fractional  section 


w, 


ILLINOIS. 


irty-two,  containing  three  acres  and  twenty-six  hundredths,  all  of 
•which  are  situated  in  township  eighteen  north  of  the  base  line,  range 
one  west  of  the  fourth  principal  meridian,  upon  his  paying  to  the 
receiver  of  public  moneys  at  Dixon,  the  minimum  price  of  one  dollar 
and  twenty-five  cents  per  acre  for  the  same,  upon  which  a  final  certifi- 
cate and  patent  shall  issue  as  in  other  cases. 


183 


438.—  AN  ACT  to  continue  the  land  offices  at  Vincennes,  Indiana,  and  to  ascer- 
and  adjust  the  titles  to  certain  lands  in  the  States  of  Indiana  and  Illinois, 
lerly  included  within  the  Vincennes  land  district. 

[See  INDIANA,  No.  312.] 


Aug.  18,  1856. 
Yol.  11,  p.  140. 


No.  439.—  AN  ACT  for  the  relief  of  Isaac  Body  and  Samuel  Fleming.  June  5,  1858. 

Be  it  enacted,  <f-c.,  That  Isaac  Body  be  allowed  to  enter  at  the  land    Yo1'  -n»  p-  539' 
ce  at  Springfield,  Illinois,  at  the  minimum  price,  at  any  time  within     isaac  Body  and 
one  year  after  the  date  of   this  act,  the  southeast  quarter  of  section  Samuel  Fleming 
number  nineteen  of  township  number  twenty-six  north,  of  range  twelve  may  enter  at  laud 
west  ;  and  that  Samuel  Fleming  be  allowed  to  enter,  at  the  same  land  S^lfls  within 
office,  and  on  the  same  terms  and  conditions,  the  northwest  quarter  of  a  year  a  quarter- 
section  twenty,  township  twenty-six  north,  range  twelve  west  :  Pro-  section  of    land 
vidcd,  however,  That  this  act  shall  only'operate  as  a  relinquishmeut  of  ea£h. 
title  on  the  part  of  the  United  States,  (a) 

(a)  See  No.  441. 


.  44O.— AN  ACT  for  the  relief  of  settlers  on  certain  lands  in  the  State  of  Illinois.     June  11, 1858. 
Be  it  enacted,  $c,,  That  every  settler  on  any  of  the  public  lands  here-     Yo1'  n>  p'  313' 
tofore  selected  by  [the]  State  of  Illinois,  but  which  have  not  been  con-     Settlers    bona 
firmed  to  said  State,  under  the  provisions  of  the  act  of  fourth  Septein-  fide    on    public 
ber,  eighteen  hundred  and  forty-one,  who  settled  thereon  in  good  faithjfndsselecte^by' 
prior  to  the  passage  of  this  act,  shall  be  entitled  to  preempt  their  re-  ej  to%h°e  "state 
spective  claims  by  legal  subdivisions,  not  to  exceed  one  hundred  and  of  Illinois,  may 
sixty  acres  in  a  compact  body,  at  the  ordinary  minimum  of  one  dollar  pre-empt  their 
and  twenty-five  cents  per  acre,  unless  within  the  six-mile  limits  of  any  claim8'  &c- 
railroad  grant,  and  in  that  case  at  the  usual  double  minimum  of  two 
dollars  and  fifty  cents  per  acre:  Provided,  Such  settlers  shall  establish 
their  rights  according  to  the  rules  and  regulations  prescribed  under  the 
provisions  of  the  act  of  fourth  September,  eighteen  hundred  and  forty- 
one,  and  pay  for  the  same  within  three  months  from  the  date  of  the 
publication  of  this  act  by  the  register  of  the  proper  district :  Provided, 
That  no  declaratory  statement  shall  be  required  to  be  filed  by  such  set- 
tlers, (a) 

(a)  See  Nos.  328,  330,  332,  334,  336,  337,  338,  339,  341,  351,  360,  370,  374,  389.  432,  433. 


Proviso. 


' 
> 


441.— JOINT  RESOLUTION  to  correct  a  clerical  error  in  "An  act  for  the  re-     Feb.  5, 1859. 

lief  of  Isaac  Body  and  Samuel  Fleming."  Vol.  11,  p.  571. 

Resolved,  $-c.,  That  the  words  "the  northwest  quarter  of  section  clerical  error 
enty,"  where  they  occur  in  the  "Act  for  the  relief  of  Isaac  Body  and  to  be  corrected 
Samuel  Fleming,"  approved  June  fifth,  eighteen  hundred  and  fifty- in  act  for  relief 
eight,  shall  read,  and  be  held  to  mean,  the  northwest  quarter  of  section  of  Isaac 
twenty-nine,  the  word  nine  having  been  erroneously  omitted  from  said  a  ] 
act.  (a) 

(a)  See  No.  439. 


No.  442.—  AN  ACT  for  the  relief  of  Anthony  Schlander.  June  9,  1860. 

Be  it  enacted,  fc.,  That  the  title  of  Anthony  Schlander  to  the  east  half    Vol.  12,  P.  851. 
of  the  southeast  quarter  of  section  fifteen,  in  township  thirty-four,     Laud  title    of 
north,  of  range  thirteen  east  of  the  principal  meridian,  being  in  the  Anthony  Schlan- 
^icago  land  district,  is  hereby  confirmed  to  him,  and  the  Commissioner  der     confirmed, 
the  General  Land  Office  is  hereby  authorized  and  directed  to  issue  a  and  Patent  to  1S' 

itent  to  him  therefor. 

SEC.  2.  And  be  it  further  enacted,  That  all  acts  or  parts  of  acts  hereto     He  p  e  a  1  i  ng 
fore  passed  are  hereby  repealed,  so  far  as  they  may,  in  any  manner,  in-  clause. 
terfere  with  the  legal  rights  conferred  by  this  act,  and  no  further. 


184  ILLINOIS. 

June  16, 1860.     No.  443.— AN  ACT  for  the  relief  of  congressional  township  number  two  north 
Vol.  12,  p.  44.         of  range  number  nine  west,  of  the  fourth  principal  meridian,  in  Adams  County 
State  of  Illinois. 


Preamble.  Whereas  section  number  sixteen  in  township  number  two  north,  of 

range  nine  west,  of  the  fourth  principal  meridian,  in  Adams  County, 
Illinois,  is  located  in  a  lake,  or  pond,  and  is  in  consequence  thereof  wholly 
unfit  for  cultivation,  and  is  worthless  to  the  inhabitants  of  said  town- 
ship for  school  purposes :  Therefore, 

School  trustees     Be  it  enacted,  #c.,  That  the  school  trustees  for  the  said  township  be,  and 
Sin  land       ^  *ney  are  hereby,  authorized  to  select  one  section  of  land  in  legal  subdivis- 
ions of  any  of  the  public  lands  of  the  United  States  subject  to  entry  or 
sale  at  the  minimum  price  of  one  dollar  and  twenty-five  cents  per  acre. 
Patent  to  issue     SEC.  2.  And  be  it  further  enacted,  That  when  the  same  shall  have  been 
therefor.  selected  by  the  trustees  aforesaid,  and  a  description  thereof  returned  to 

and  approved  by  the  Commissioner  of  the  General  Land  Office,  a  patent 
or  patents  shall  issue  therefor  to  the  inhabitants  of  the  said  congres- 
Land     to     be  sional  township,  and  shall  be  held  and  disposed  of  by  them  for  the  use 
schools     US6       °^  8Ch°°l8  within  the  said  congressional  township  in  the  same  manner 

as  other  school  lands  are  held  and  disposed  of. 

Former    grant     SEC.  3.  And  be  it  further  enacted,  That  the  said  section  sixteen  in  the 
Understates       fcown8niP  aforesaid  shall  revert  to  and  invest  in  the  United  States,  and 
be  disposed  of  in  the  same  manner  as  other  public  lands,  (a) 
(a)  See  Nos.  337,  338,  342,  346,  356,  408,  413,  418,  444. 


June  22, 1860.     No.  444.— AN  ACT  for  the  relief  of  congressional  township  number  six  south, 
Vol.  12,  p.  84.  of  range  number  eight  west,  in  Randolph  County,  State  of  Illinois. 


Preamble.  Whereas  section  number  sixteen,  in  township  number  six  south,  of 

range  number  eight  west,  in  Randolph  County,  Illinois,  is  covered  by  a 
private  claim  number  two  thousand  and  lifty,  by  reason  whereof  the 
said  section  has  been  lost  to  the  said  congressional  township  for  school 
purposes:  Therefore — 

School  trustees  Be  it  enacted,  $c.,  That  the  school  trustees  for  the  said  township  be, 
may  select  three  and  they  are  hereby,  authorized  to  select  three  quarter-sections  of  land 
quarter-sections,  in  equal  subdivisions,  of  any  of  the  public  lands  of  the  United  States 
land  lost  subject  to  entry  or  sale  at  the  minimum  price  of  one  dollar  and  twenty- 

five  cents  per  acre. 

Patent  to  issue  SEC.  2.  And  be  it  farther  enacted,  That  when  the  same  shall  have  been 
therefor.  selected  by  the  trustees  aforesaid,  and  a  description  thereof  returned  to 

and  approved  by  the  Commissioner  of  the  General  Land  Office,  a  patent 
or  patents  shall  issue  thereof  to  the  inhabitants  of  the  said  congressional 
township,  and  shall  be  held  and  disposed  of  by  them  for  the  use  of 
schools  within  the  said  congressional  township  in  the  same  manner  as 
other  school  lands  are  held  and  disposed  of.  (a) 
(a)  See  Nos.  337,  338, 342, 346, 356,  408,  413, 418,  443. 


March  2,  1861.    No.  445.— AN  ACT  for  the  confirmation  of  the  title  to  the  saline  lands  in  Jackson 
Vol.  12,  p.  891.  County,  State  of  Illinois,  to  D.  H.  Brush,  and  others. 

Title  to  saline     ^e  ^  enacted,  #c.,  That  the  title  to  all  the  lands  sold  as  saline  lands  in 
lands  in  Jackson  Jackson  County,  State  of  Illinois,  as  follows,  to  D.  H.  Brush  and  others, 
County,  Illinois,  namely :  To  D.  H.  Brush,  the  northwest,  northeast,  and  southwest  quarters 
HBrush   1          °^  *^e  8Ou^we8*  quarter  of  section  eight,  township  nine,  of  range  two; 
southwest  and  southeast  quarters  of  the  northeast  quarter,  northwest  and 
northeast  quarters  of  the  southeast  quarter,  southeast  quarter  of  the 
southwest  quarter,  and  south  westand  southeast  quarters  of  the  southeast 
Edward     Hoi-  quarter  of  section  one,  township  nine,  of  range  three  :  To  Edward  Hoi- 
den,  den,  the  northeast,  southeast,  northwest  and  southwest  quarters  of  the 
southeast  quarter  of  section  seven,  township  nine,  of  range  two  ;  north- 
west, southwest,  and  northeast  quarters  of  the  north  west  quarter  of  sec- 
Joseph  Sorrels,  tion  one,  township  nine,  of  range  three  :  To  Joseph  Sorrels,  the  north  west 
and  northeast  quarters  of  the  southwest  quarter  of  section  seven,  town- 
Daniel      Wor-  ship  nine,  of  range  two :  To  Daniel  Worthen,  the  southwest  quarter  of 
then.  the  southwest  quarter  of  section  seven,  township  nine,  of  range  two ; 
northeast  quarter  of  the  northwest  quarter,  and  northwest  quarter  of 
the  northeast  quarter  of  section  one,  township  nine,  of  range  three : 
Wm.  Quails.     To  William  Quails,  the  southeast  quarter  of  the  southwest  quarter  of 


ILLINOIS.  185 

section  eight,  township  nine,  of  range  two :  To  William  Woolsey,  the     Wm.  Woolsey. 
southeast  quarter  of  the  southeast  quarter  of  section  seven,  township 
nine,  of  range  two  :  To  Richard  Worthen,  the  west  half  of  the  northwest     Richard  Wor- 
quarterof  the  southwest  quarter  of  section  one,  township  nine,  of  range  then, 
three :  To  George  Elmore,  the  northwest  and  northeast  quarters  of  the     Geo.  Elmore. 
northwest  quarter,  and  southeast  quarter  of  the  southwest  quarter  of 
section  thirty-five,  township  eight,  of  range  three  :  To  Alexander  Morris,     Alexander 
the  southwest  and  southeast  quarters  of  the  northeast  quarter  of  section  Morris, 
thirty-five,  township  eight,  of  range  three  :  To  Doctor  Logan,  the  north-     Doctor  Logan, 
west  quarter  of  the  northwest  quarter  of  section  thirty -one,  township 
eight,  of  range  two  :  To  John  G.  Sparks,  the  northwest  and  northeast    J»o.  G.  Sparks. 
quarters  of  the  southeast  quarter  of  section  thirty-one,  township  eight, 
of  range  two  :  To  Stephen  Holliday,  the  southwest  quarter  of  the  south-     Stephen  Holli- 
east  quarter  of  the  southeast  quarter  of  section  thirty-one,  township  eight,  day. 
of  range  two  :  To  Isaac  Morgan,  the  southwest  quarter  of  the  northwest     Isaac  Morgan, 
quarter  of  section  thirty-five,  township  eight,  of  range  three :  To  A.     A.  Crow. 
Crow,  the  northeast  quarter  of  the  northeast  quarter,  of  section  one, 
township  nine,  of  range  three:    To  William  Woolsey,  the  northeast     Wm.  Woolsey. 
quarter  of  the  northwest  quarter,  and  the  northwest  quarter  of  the 
northeast  quarter  of  section  thirty-one,  township  eight,  of  range  two : 
To  T.  M.  Logan,  the  northeast  and  southwest  quarters  of  the  northeast     T.  M.  Logan, 
quarter  of  section  thirty-one,  township  eight,  of  range  two :  To  Edward    Edward     Hol- 
Hoklen,  the  southwest  quarter  of  the  northwest  quarter,  and  the  north-  den- 
west  and  northeast  quarters  of  the  southwest  quarter  of  section  thirty- 
one,  township  eight,  of  range  two  :  To  John  Logan,  the  southwest  and    John  Logan, 
southeast  quarters  of  the  southwest  quarter  of  section  thirty-one,  town- 
ship eight,  of  range  two:  To  Cyrus  Thomas,  the  northeast  quarter  of    Cyrus  Thomas- 
the  northwest  quarter  of  section  thirty-one,  township  eight,  of  range 
two :  To  Edward  Holden,  the  southwest  quarter  of  the  northwest  qtiar-     Edward     Hol- 
ter,  and  the  northeast  and  northwest  quarters  of  the  southwest  quarter  den. 
of  section  thirty-one,  township  eight,  of  range  two :  To  Hall  Neilson,     Hall  Neilson. 
the  southwest  quarter,  and  east  half  of  the  northwest  quarter  of  the 
southwest  quarter  of  section  one,  township  nine,  of  range  three:  To 
Richard  \Vorthen,  the  southwest  quarter  of  the  northeast  quarter  of     Richard  Wor- 
section  thirty-five,  township  eight,  of  range  three  :  and  to  John  Sorrels,  then, 
the  northeast  quarter  of  the  northeast  quarter  of  section  thirty-five,     John  Sorrels- 
township  eight,  of  range  three,  be,  and  the  same  is  hereby,  confirmed  to 
the  several  purchasers  herein  mentioned,  (from  the  county  of  Jackson, 
and  State  of  Illinois,)  and  be  as  valid  as  if  originally  purchased  from 
the  United  States  of  America,  (a) 
(a)  See  Nos.  342,  346,  369,  375,  379,  426. 


446.— AN  ACT  confirming  title  to  "Little  Rock  Island,"  in  the  Mississippi     Jan.  30,  1869. 

River.  Vol.  15,  p.  437. 

hereas,  according  to  the  official  plat  of  the  survey  of  the  public  preamble. 
and  returned  to  the  General  Land  Office  by  the  surveyor-general,  a 
certain  island,  in  the  Mississippi  River,  known  as  Little  Rock  Island, 
and  situate  opposite  the  city  of  Clinton,  in  the  State  of  Iowa,  was  sur- 
veyed and  platted  as  being  within  the  district  of  lands  subject  to  entry 
and  sale  at  the  Government  land  office  at  Dubuque,  in  the  Territory  of 
Iowa ;  and  whereas  said  island  was  entered  by  Jonathan  L.  Pearce, 
junior,  at  said  Government  land  office  at  Dubuque,  as  appears  by  cash 
certificate  number  three  thousand  three  hundred  and  twenty-six,  and 
was  subsequently  granted  by  the  United  States  to  said  Jonathan  L. 
Pearce,  junior,  by  lettfre-patetot,  dated  the  first  day  of  January,  A.  D. 
eighteen  hundred  aud  forty-six,  and  recorded  in  volume  seven,  page 
two  hundred  and  ten,  of  patents,  in  which  said  letters-patent  said  island 
is  described  as  being  "  Little  Rock  Island,  in  the  Mississippi  River,  in 
township  eighty-one  north,  of  range  seven  east,  of  the  filth  principal 
meridian,  in  the  district  of  lands  subject  to  sale  at  Dubuque,  Iowa  Ter- 
ritory, containing  thirty-nine  acres  and  four  hundredths  of  an  acre;" 
and  whereas  said  island  is  situated  east  of  the  main  channel  of  the  Mis- 
sissippi River,  in  the  State  of  Illinois,  in  the  district  of  lands  subject 
to  sale  at  Springfield,  in  said  Illinois  :  Now,  therefore, 

Be  it  enacted  <|-c.,  That  the  title  to  the  said  island  be,  and  the  same  is  Title  to  Little 
hereby,  ratified  and  confirmed  to  the  said  Jonathan  L.  Pearce,  junior,  Rock  Island  con- 
and  his  grantees,  fully,  in  like  manner  and  effect,  and  in  all  respects  to  JSf'-r  p°  Jon-a" 
the  same  intent  and  purpose,  as  if  the  laws  of  the  United  States  respect-  J  * 


186 


ILLINOIS. 


Proviso. 


ing  the  survey,  entry,  and  sale  of  the  public  land  had  been  fully  and  in 
every  respect  complied  with  and  observed  :  Provided,  That  this  act  shall 
not  be  construed  to  deprive  any  other  person  of  any  right  or  title  to 
said  laud  acquired  from  the  United  States. 


July  15, 1870.  I*°-  447.— AN  ACT  to  confirm  title  to  certain  lands  in  Illinois. 

Vol.  16,  p.  364.       Be  it  enacteat  g.Cff  Tnat  the  titie  Of  tne  United  States  to  all  lots,  out- 
Title    of    the  lots,  tracts,  pieces,  parcels,  and  strips  of  land  in  St.  Clair  County,  State 
United  States  to  of  Illinois,  lying  and  situate  qutside  of  the  United  States  surveys  as 
frrtl£tott8lCla£  noted  in  t!ie  field-notes  of  the  United  States  surveyors,  and  on  the  Mis- 
County,  Illinois,  sissippi  River  near  surveys  seven  hundred  and  sixty-six,  six  hundred 
confirmed  to  said  and  twenty-four,  and  five  hundred  and  seventy-nine,  and  near  and  ad- 
county,  jacent  to  fractional  sections  one,  two,  eleven,  and  twelve,  town[ship] 
one  north,  range  ten  west,  third  principal  meridian,  be,  and  the  same 
is  hereby,  confirmed  and  granted  to  said  St.  Clair  Connty,  in  said  State : 
Proviso.  Provided,  That  nothing  herein  shall  apply  to  the  ancient  French  com- 
mons in  said  county,  (a)        . 

(a)  See  Xo.  448. 


No.  44S.—  AX  ACT  to  amend  an  act  entitled  "An  act  to  confirm  title  to  certain  lands 

in  Illinois." 


1'eb.  18, 1871. 
Vol.  16,  p.  416. 

Lands  in   nii- 
nois. 

Amendment  of  [ship]  one  north."  (a) 
former  act. 

(a)  See  Xo.  447. 


-Be  it  enacted,  <$~c.,  That  the  description  of  the  lands  mentioned  in  said 
be  so  amended  as  to  read  township  two  north,  instead  of  "  town- 


July  31, 1876. 
Vol'.  19,  p.  181. 


No.  449.— AX  ACT  making  appropriations,  &c. 
[Land  office  at  Springfield  abolished.    See  OHIO,  No.  189.] 


March  3,  1877. 
Vol.  19,  p.  515. 

Preamble. 


No.  450.— AX  ACT  for  the  relief  of  the  legal  representatives  of  Zachariah  B. 
"Washburn  deceased. 


Whereas,  on  the  twentieth  day  of  January,  eighteen  hundred  and 
thirty-six,  the  said  Zachariah  B.  Washburn  did  enter  and  purchase,  of 
the  proper  officers,  the  west  part  of  the  northeast  fractional  quarter  of 
section  twenty -four,  in  township  eighteen  north,  of  range  eleven  west, 
of  the  second  principal  meridian,  in  the  district  of  public  lands  then 
subject  to  sale  at  Danville,  in  the  State  of  Illinois,  and  did  thereupon 
receive  a  certificate  of  purchase  therefor  in  which  the  said  land  was 
erroneously  described  as  the  northwest  fractional  quarter  of  said  section 
twenty-four,  and  also  a  patent  therefor  was  afterward  issued  to  the  said 
Washburn,  in  which  the  said  lot  of  land  was  also  erroneously  described 
as  aforesaid:  Therefore, 

Land  patent  to     ^e  ^  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office 
Zachariah  B.  issue  to  the  legal  representatives  of  the  said  Zachariah  B.  Washburn  a 
•Washburn.          patent  for  the  said  west  part  of  the  northeast  quarter  of  said  section 
twenty-four,  in  the  township  and  range  aforesaid,  and  that  the  pream- 
ble above  herein  be  recited  in  said  patent. 


MICHIGAN. 


No .  45 1 .— AN  AC  T  to  divide  the  Indiana  Territory  into  two  separate  governments.     Jan.  11, 1805. 


Be  it  enacted,  #c.,  That  from  and  after  the  thirtieth  day  of  June  next, 
all  that  part  of  the  Indiana  Territory,  which  lies  north  of  a  line  drawn  T erritory  of 
east  from  the  southerly  bend  or  extreme  of  Lake  Michigan,  until  it  gom  tie  Indiana 
shall  intersect  Lake  Erie,  and  east  of  a  line  drawn  from  the  said  south-  Territory, 
erlv  bend  through  the  middle  of  said  lake  to  its  northern  extremity,  and  Boundaries  of 
thence  due  north  to  the  northern  boundary  of  the  United  States,  shall,  ^ne^^±SJ 
for  the  purpose  of  temporary  government,  constitute  a  separate  territory,  ment  of  a  tempo. 
and  be  called  Michigan.  rary  government 

SEC.  2.  And  ~be  it  further  enacted,  That  there  shall  be  established  within  for  it. 
the  said  Territory,  a  government  in  all  respects  similar  to  that  provided     5»       goven 
by  the  ordinance  of  Congress,  passed  on  the  thirteenth  day  of  July,  one 
thousand  seven  hundred  and  eighty-seven,  for  the  government  of  the 
territory  of  the  United  States,  northwest  of  the  river  Ohio ;  and  by  an 
act  passed  on  the  seventh  day  of  August,  one  thousand  seven  hundred 
and  eighty -nine,  entitled  "An  act  to  provide  for  the  government  of  the 
territory  northwest  of  the  river  Ohio;"  and  the  inhabitants  thereof 
shall  be  entitled  to,  and  enjoy  all  and  singular  the  rights,  privileges, 
and  advantages  granted  and  secured  to  the  people  of  the  territory  of 
the  United  States,  northwest  of  the  river  Ohio,  by  the  said  ordinance. 
*  *  *  *  *  *  * 

SEC.  6.  And  le  it  further  enacted,  That  Detroit  shall  be  the  seat  of  th^e*^it    made 
government  of  the  said  territory,  until  Congress  shall  otherwise  di-ernment- 
rect.  (a) 

(a)  See  Nos.  459, 462, 473, 487,  491,  492,  497,  498,  499,  511,  512. 


No.   452.- AN  ACT  supplementary  to  the  act,  intituled  "An  act  making  provi-     S*ro"  *  l™?- 
sion  for  the  disposal  of  the  public  lands  in  the  Indiana  Territory,"  and  for  other  _ 
purposes. 

[See  INDIANA,  No.  197.] 

— 

No.  453.— AN  ACT  to  provide  for  the  adjustment  of  titles  of  land  in  the  town  of     April  21, 1806. 
Detroit  and  Territory  of  Michigan,  and  for  other  purposes.  Vol.  2,  p.  398. 


Be  it  enacted,  ^c.,  That  the  governor  and  the  judges  of  the  Territory  of  A  town  to  be 
Michig  an  shall  be,  and  they,  or  any  three  of  them,  are  hereby  author-  laid  out  bv  th* 
ized  to  lay  out  a  town,  including  the  whole  of  the  old  town  of  Detroit,  S^ge^of  Michi- 
and  ten  thousand  acres  adjacent,  excepting  such  parts  as  the  President  gan. 
of  the  United  States  shall  direct  to  be  reserved  for  the  use  of  the  Mili-  Titles  to  lots  to- 
tary  Department,  and  shall  hear,  examine,  and  finally  adjust  all  claims  JjyjSI'gftJSf 
to  lots  therein,  and  give  deeds  for  the  same.  And  to  every  person,  or  the  L  o  t  s  t  o  be 
legal  representative  or  representatives  of  every  person,  who  not  owning  given  to  actual 
or  professing  allegiance  to  any  foreign  power,  and  being  above  the  age  settlers  of  the 


of  seventeen  years,  did  on  the  eleventh  day  of  June,  one  thousand  eight  J?J2n  it 
hundred  and  five,  when  the  old  town  of  Detroit  was  burnt,  own  or  in-  burnt,    if   they 
habit  a  house  in  the  same,  there  shall  be  granted  by  the  governor  and  were  '  citizens  of 
the  judges  aforesaid,  or  any  three  of  them,  and  where  they  shall  judge  the    United 
most  proper,  a  lot  not  exceeding  the  quantity  of  five  thousand  square  states. 
feet. 

SEC.  2.  And  le  it  further  enacted,  That  the  land  remaining  of  the  said     Land  undispos- 
ten  thousand  acres,  after  satisfying  claims  provided  for  by  the  preceding  gj  ^  pJecedir 
section,  shall  be  disposed  of  by  the  governor  and  judges  aforesaid,  at  section  to  be  sold 
their  discretion,  to  the  best  advantage,  who  are  hereby  authorized  to  by  the  governor 
make  deeds  to  purchasers  thereof,  and  the  proceeds  of  the  lands  so  dis- 

187 


188  MICHIGAN. 

posed  of  Bhall  be  applied  by  the  governor  and  judges  aforesaid  towards 
building  a  cpurt-house  and  jail  in  the  town  of  Detroit,  and  the  said  gov- 
ernor and  judges  are  required  to  make  a  report  to  Congress,  in  writing, 
of  their  proceedings  under  this  act.  (a) 
(a)  See  Nos.  468,  471,  479,  481,  501.  583. 


March  3, 1807.       No.  454.— AU  ACT  regulating  the  grants  of  land  in  the  Territory  of  Michigan. 

'— — '—      Beit  enacted,  $*c.,  That  all  the  decisions  made  by  the  commissioners 

Certain    decis-  appointed  for  the  purpose  of  examining  the  claims  of  persons  claiming 

signers   wnfl?m-  !ands  in  tbe  d.istrict  of  Detroit,  in  favor  of  such  claimants,  as  entered 

ed.  in  the  transcript  of  decisions  which  have  been  transmitted  by  the  said 

commissioners,  to  the  Secretary  of  the  Treasury,  according  to  law,  be, 

and  the  same  are  hereby  con  firm  ed. 

Persons  in  oc-     SEC.  2.  And  be  itfurthei'  enacted,  That  to  every  person  or  persons  in  the 
cupation  of  land  actual  possession,  occupancy,  and  improvement,  of  any  tract  or  parcel 

which Ilnlfan  t?  of  land>  in  bis>  ber>  or  tbeir  own  ri£nt>  at  tbe  *ime  of  tbe  Pa8sing  °"f  this 
tie  has  been  ex-  act,  within  that  part  of  the  Territory  of  Michigan,  to  which  the  Indian 
tinguished,  con-  title  has  been  extinguished,  and  which  said  tract  or  parcel  of  land  was 
firnied  in  their  settled,  occupied  and  improved,  by  him,  her,  or  them,  prior  to  and  on 
tates  of  inherit- tbe  first  dav  of  Julv>  one  thousand  seven  hundred  and  ninety-six,  or  by 
ance,  in  fee-aim-  some  other  person  or  persons,  under  whom  he,  she,  or  they  hold  or  claim 
pie.  the  right  to  the  occupancy,  or  possession  thereof,  and  which  said  occu- 

pancy or  possession  has  been  continued  to  the  time  of  the  passing  of  this 
act;  the  said  tract  or  parcel  of  land  thus  possessed,  occupied,  and  im- 
proved, shall  be  granted,  and  such  occupant  or  occupants  shall  be  con- 
firmed in  the  title  to  the  same,  as  an  estate  of  inheritance,  in  fee-simple : 
Proviso.  Provided  however,  that  no  other  claims  shall  be  confirmed,  by  virtue  of 

this  section,  than  such  as  have  been  entered  with  the  register  of  the 
land  office  of  Detroit,  within  the  time,  and  in  the  manner  provided  by 
,  law,  and  by  the  commissioners  aforesaid,  have  been  inserted  in  their 

report,  transmitted  as  aforesaid ;  nor  shall  more  than  one  tract  or  parcel 
of  land  be  thus  granted  to  any  one  person,  and  the  same  shall  not  con- 
tain more  than  the  quantity  claimed,  nor  more  than  six  hundred  and 
Proviso.  forty  acres :  And  provided  also,  that  the  same  shall  not  extend  to  any 

tract  heretofore  reserved,  or  which  may  by  the  President  of  the  United 
States,  be  set  aside  for  public  uses,  in  the  town  of  Detroit  and  its  vicin- 
ity, or  on  the  island  of  Michilimackinac. 

Secretary  of     SEC.  3.  And  be  it  further  enacted,  That  the  secretary  of  the  Territory 
Michigan,      and  of  Michigan,  together  with  the  register  and  receiver  of  public  monies 

receJ?lro?rublio  of  tbe  land  office  of  ?e.troit>  8na11  be  commissioners  for  the  purpose  of 
moneys  of  the  ascertaining  and  deciding  on  the  rights  of  persons  claiming  the  benefit 
land  office  of  De-  of  this  act :  and  the  said  commissioners  shall,  previous  to  entering  on 
troit,  made  com-  the  duties  of  their  appointment,  respectively  take  and  subscribe  the  fol- 
chdms10^8  °r  lowing  oath  or  affirmation,  before  some  person  qualified  to  administer 
Their  oath  of  the  same :  I  do  solemnly  swear  (or  affirm)  that  I  will  impar- 

office.  tially  exercise  and  discharge  the  duties  imposed  upon  me,  by  an  act  of 

Congress,  intituled  "  An  act  regulating  the  grants  of  land  in  the  Terri- 
tory of  Michigan."    And  it  shall  be  the  duty  of  the  said  commissioners 
•  to  meet  at  the  town  of  Detroit,  on  or  before  the  first  day  of  July  next, 

and  they  shall  not  adjourn  to  any  other  place,  or  for  any  longer  time, 
than  three  days,  until  the  first  day  of  January  next,  or  until  they  shall 
have  completed  the  business  of  their  appointment.    And  the  said  corn- 
Powers     and  missioners,  or  a  majority  of  them,  shall  have  power  to  hear  and  decide 
duties  of  the  jn  a  summary  manner,  all  matters  respecting  such  claims,  to  compel  the 
noners.     attendance  of  witnesses,  to  administer  oaths  and  examine  witnesses,  and 
such  other  testimony  as  may  be  adduced,  and  to  determine  thereon 
according  to  justice  and  equity.     Minutes  of  the  proceedings,  decisions, 
meetings,  and  adjournments  of  the  board,  shall  be  regularly  entered  by 
the  register,  in  a  book  to  be  kept  for  that  purpose,  together  with  the 
evidence  on  which  such  decisions  are  made,  unless  such  evidence  has 
already  been  entered  according  to  law,  in  the  book  or  books  of  minutes, 
kept  by  the  commissioners  appointed  under  former  acts,  to  investigate 
Lands  to  be  the  claims  to  land  in  the  district  of  Detroit.     And  when  it  shall  appear 
surveyed.  &c.       to  the  said  commissioners  that  the  claimant  is  entitled  to  a  tract  of  land 
by  virtue  of  this  act,  they  shall  give  a  certificate  thereof  stating  the  cir- 
cumstances of  the  case,  and  that  the  claimant  is  entitled  to  receive  a 
patent  for  such  a  tract  of  land,  by  virtue  of  this  act ;  which  tract  shall 
be  surveyed  in  conformity  with  the  decision  of  the  commissioners,  at  the 


MICHIGAN.  189 


expense  of  the  party,  and  under  the  direction  of  the  surveyor-general  by     By  whom, 
such  of  his  assistants,  residing  in  the  Territory  of  Michigan,  as  the  said 
surveyor- general  shall  appoint  for  that  purpose :  Provided,  That  the  whole    Proviso, 
expense  of  surveying  and  marking  the  lines,  shall  not  exceed  three  dol- 
lars for  every  mile  that  shall  he  actually  run,  surveyed,  or  marked.    The 
survey  or- general  shall  transmit  to  the  register  of  the  land  office  at 
Detroit,  general  and  particular  plots  of  all  the  lands  surveyed  as  afore- 
said, and  shall  also  forward  copies  of  the  said  plots  to  the  Secretary  of     General    and 
the  Treasury.    The  commissioners  shall  transmit  to  the  Secretary  of  the  JJ^^JJf  ^l^ 
Treasury  a  transcript  of  their  decisions  in  favour  of  claimants,  which  8urve.yor-general 
shall  contain  a  fair  statement  of  the  evidence  on  which  each  respective  to  the  register  of 
claim  is  founded,  and  shall  be  signed  by  the  said  commissioners,  and  land  office  at  De- 
shall  state  the  names  of  the  parties  in  whose  favour  the  certificates  have  aiaoVSecret^v 
been  granted,  the  number  of  acres  granted  and  the  situation  of  the  laud.  of  Treasury 
And  the  certificate  and  certificates  granted  as  aforesaid,  by  the  commis-     Transcripts  of 
sioners,  being  duly  entered  with  the  register  of  the  land  office  of  commissioners' 
Detroit,  prior  to  the  first  day  of  January,  one  thousand  eight  hundred  S£j5jl6    «j! 
and  nine,  shall  entitle  the  party  or  parties,  as  soon  as  the  plot  or  plots  warded  to  Secre- 
aforesaid,  shall  have  been  transmitted  to  the  said  register,  to  receive  from  tary  of  Treasury. 
him  a  certificate  or  certificates,  for  each  of  which  certificates  the  register    Certificates  of 
shall  receive  one  dollar,  directed  to  the  Secretary  of  the  Treasury ;  and  j^™18^™8  }o 
if  it  shall  appear  to  the  satisfaction  of  the  said  Secretary,  that  such  cer-  fan(j)  &c. 
tificates  have  been  fairly  obtained  according  to  the  true  intent  and    Fees  to  be  paid 
meaning  of  this  act,  then  and  in  that  case,  patents  shall  issue,  in  like  f°r  certificates. 
manner  as  is  provided  by  law,  for  the  other  lands  of  the  United  States,  (a) 

SEC.  4.  And  be  it  further  enacted,  That  the  powers  vested  by  this  act    Powers     of 
in  the  commissioners  above  mentioned  shall  not  extend  to  lots  in  the  ^^xtond^d  \o 
town  of  Detroit,  the  claims  to  which  shall  be  ascertained  and  decided  fots  \*  et"  wn  of 
npon,  in  the  ma»aer  provided  by  the  act,  intituled  "An  act  to  provide  Detroit, 
for  the  adjustment  of  titles  of  land  in  the  town  of  Detroit,  and  Territory 
of  Michigan,  and  for  other  purposes." 

SEC.  5.  And  le  it  further  enacted,  That  the  secretary  of  the  Territory  Compensati  o  n 
of  Michigan  shall  be  entitled  to  receive  five  hundred  dollars,  in  full  for  *£ .  secretary  of 
all  the  services  rendered  by  him  under  this  act,  to  be  paid  out  the  sums  gerVices^u  n' d  e°r 
which  have  been,  or  may  be  appropriated  for  carrying  into  effect  the  this  act. 
several  laws  enacted  for  the  disposal  of  public  lands,  and  for  the  adjust-  Out  of  what 
ment  of  claims  in  the  Indiana  or  Michigan  Territories.  fund  to  be  Paid- 

(a)  See  Nos.  197,  455,  457,  461,  464,  466,  474,  514,  532. 


No.  455.—  AN  ACT  supplemental  to  "An  act  regulating  the  grants  of  land  in  the     April  25,  1808. 
Territory  of  Michigan."  Yd.  2,  p.  502. 

Be  it  enacted,  <fc.,  That  every  person  claiming  lands,  within  that  part     claimants     to 
of  the  Michigan  Territory  to  which  the  Indian  title  hath  been  extin-  land  in  the  Mich- 
guished  by  virtue  of  any  legal  grant  made  by  the  French  Government  igan     Territory, 
prior  to  the  treaty  of  Paris  of  the  tenth  of  February,  one  thousand  T?h.ere  nhe  Indian 
seven  hundred  and  sixty-  three  ;    or  of  any  legal  grant  made  by  the  extinguished  &al- 
British  Government  subsequent  to  the  said  treaty,  and  prior  to  the  lowed   until  'the 
treaty  of  peace  between  the  United  States  and  Great  Britain,  of  the  first  of  January 
third  of  September,  one  thousand  seven  hundred  and  eighty-  three,  or  ?e^n'  *°    ilt^617 
of  the  second  section  of  the  act  to  which  this  act  is  a  supplement,  shall  notice    of    their 
be  allowed  until  the  first  day  of  January  next,  to  deliver  to  the  register  claims. 
of  the  land  office  for  the  district  of  Detroit,  a  notice  in  writing,  stating 
the  nature  and  extent  of  his  claims,  together  with  a  plat  or  plats  of  the 
tract  or  tracts  claimed,  and  if  such  person  shall  fail  to  deliver  such 
notice  in  writing,  together  with  a  plat  of  the  tract  claimed,  all  his  right, 
so  far  as  it  may  be  derived  from  any  act  of  Congress,  shall  become  void, 
and  the  commissioners  appointed  for  the  purpose  of  ascertaining  and 
deciding  the  lights  of  persons  claiming  lands  in  the  said  district  of 
Detroit,  shall  have  the  same  powers  and  perform  the  duties  in  relation 
to  the  claims,  notices  of  which  shall  be  thus  filed,  as  are  provided  by 
the  act  to  which  this  act  is  a  supplement,  in  relation  to  the  claims 
therein  described. 

SEC.  2.  And  be  it  further  enacted,  That  every  person  whose  claim  has     Persons  whose 
been,  or  shall  be  confirmed  by  the  commissioners  aforesaid,  to  a  tract  l*™.8  are  e?tab- 


of  land  bordering  on  the  river  Detroit,  and  not  exceeding  in  depth  forty  ^  a  preference 
arpens,  French  measure,  shall  be  entitled  to  a  preference  in  becoming  jn  Becoming  the 
the  purchaser  of  any  vacant  tract  of  land  adjacent  to,  and  back  of  his  purchasers  of  the 
own  tract,  not  exceeding  forty  arpens,  French  measure,  in  depth,  nor  in  contiguous  va- 
quantity  of  land  that  which  is  contained  in  his  own  tract,  at  the  same  ca 


190  MICHIGAN. 

price,  and  on  the  same  terms  and  conditions  as  are  provided  by  law  for 
Surveyor-gen- the  other  public  lands  in  the  said  district.     And  the  surveyor-general 
ve  stoCbe Smade  8naH  be,  anc^  ne  *8  ^ere^y  authorized,  as  soon  as  may  be,  to  cause  to  be 
'  surveyed,  the  tracts  claimed  by  virtue  of  this  section,  and  in  all  cases 
where,  by  reason  of  bends  in  the  said  river,  and  of  adjacent  prior,  or 
pre-emption  claims,  each  claimant  cannot  obtain  a  tract  equal  in  quan- 
tity to  the  adjacent  tract  already  owned  by  him,  to  divide  the  vacant 
land,  applicable  to  that  object,  between  the  several  claimants,  in  such 
Every    person  manner  as  to  him  will  appear  most  equitable.      And  every  person 
^titnetdof°thi8entitled  to  the  k6116^  of  this  section,  shall,  on  or  before  the  first  day 
section  *to   give  °^  January  next,  deliver  to  the  register  of  the  land  office  for  the  dis- 
notice  in  writing  trict  of  Detroit,  a  notice  in  writing,  stating  the  situation  and  extent  of 
to  the  register,     the  tract  of  land  he  wishes  to  purchase,  and  deposit  at  the  same  time 
one-twentieth  part  of  the  purchase  money  ;  and  shall  also,  within  three 
months  after  the  return  of  the  survey  to  the  office  of  the  said  register, 
produce  to  him  a  receipt  from  the  receiver  of  public  money  for  the  said 
district  for  one-fourth  part  of  the  purchase  mouey.    And  if  any  such 
person  shall  fail  to  deliver  such  notice,  and  make  such  deposit  and  pay- 
ment, at  the  times  above  mentioned,  his  right  of  pre-emption  shall 
cease,  and  become  void,  (a) 

Pre-emption      SEC.  3.  And  be  it  fur-tiier  enacted,  That  every  person,  who  being  the 
right  secured  to  head  of  a  family,  did,  prior  to  the  twenty-sixth  of  March,  one  thou- 
actual  settlers.     san(i  eight  hundred  and  four,  and  doth,  at  the  time  of  the  passage 
of  this  act,  inhabit  and  cultivate  a  tract  of  land  in  the  Territory  of 
Michigan,  not  claimed  by  virtue  of  a  legal  French  or  British  grant,  or 
by  the  second  section  of  the  act  to  which  this  act  is  a  supplement,  shall 
be  entitled  to  a  preference,  in  becoming  the  purchaser  from  the  United 
States  of  such  tract  of  land  not  exceeding  one  section,  at  the  price  at 
which  the  other  public  lands  in  the  said  Territory  are  directed  to  be  sold; 
and  payment  may  be  made  therefor  in  the  same  manner,  and  under  the 
same  conditions,  as  are  provided  by  law  for  such  other  public  lands. 
Notice  in  writ-  And  every  person  entitled  to  the  benefit  of  this  section,  shall,  on  or 
"fgth°  b?t  gren  before  the  nrst  dav  of  January,  next,  deliver  to  [the]  register  of  the 
and  extent "l"  the  lan(l  office,  for  the  district  aforesaid,  a  notice  in  writing,  of  the  situa- 
land  to  be  pur-  tion  and  extent  of  the  tract  of  land  he  wishes  to  purchase.     The  com- 
cbased.  missioners  aforesaid  are  hereby  authorized  to  examine  and  decide  the 

claims,  of  every  person  claiming  the  benefit  of  this  section,  and  whenever 
it  shall  appear  to  them  that  the  claimant  is  entitled  to  a  right  of  pre- 
emption they  shall  give  a  certificate  thereof,  directed  to  the  register  of 
the  land  office,  which  certificate,  together  with  a  receipt  from  the  receiver 
of  public  money,  of  at  least  one-fourth  part  of  the  purchase  money, 
shall,  on,  or  before  the  first  day  of  January,  next,  be  produced  by  the 
claimant  to  the  register  of  the  land  office  for  the  said  district.  And  if 
any  person  shall  fail  to  deliver  such  notice  in  writing,  or  produce  such 
certificate  and  receipt  within  the  times  above  mentioned,  his  right  of 
pre-emption  shall  cease,  and  become  void.  (6) 

Repeal  of  part     SEC.  4.  And  be  it  further  enacted,  That  so  much  of  the  second  section 
of  a  former  act.    of  the  act  to  which  this  act  is  a  supplement,  as  provides  that  not  more 
than  one  tract  or  parcel  of  land  shall  be  granted  to  any  one  person, 
shall  be,  and  the  same  is  hereby  repealed. 

Lands  to  which  SEC.  5.  And  be  it  further  enacted,  That  the  lands  to  which  the  Indian 
Indian  title  was  title  has  been  extinguished,  by  the  treaty  made  at  Detroit,  on  the  seven- 
extinguished  by  teen th  of  November,  one  thousand  eight  hundred  and  seven,  shall  be 
t^be^^achedto  attached  to  and  made  a  part  of  the  district  of  Detroit,  and  be  offered 
district  of  De-  f°r  sale  at  that  place,  under  the  same  exceptions  and  regulations,  at 
troit,  and  sold,  the  same  price,  and  on  the  same  terms,  as  other  lands  lying  in  that 
&c.  district,  (c) 

(a)  See  Nos.  197,  454,  457,  461,  464,  466,  474,  514,  532. 

(6)  See  Nos.  85,  197,  467,  480,  503,  515,  526,  535,  574,  575,  583,  584. 

(c)  See  Nos.  196,  197,  465,  467,  469,  480,  484,  486,  490a,  503,  515,  522,  525a,  529,  536. 


Feb.  28, 1809.  No.  456.— AN  ACT  for  the  relief  of  certain  Alibama  and  Wyandott  Indians. 

Vol.  2,  p.  527.         Be  .t  enacted}  ^  That  the  President  of  the  United  States  be,  and  he 

President  to  is  hereby  authorized  to  cause  to  be  surveyed  and  designated  by  proper 
cause  a  tract  of  metes  and  bounds,  a  tract  of  land,  not  exceeding  two  thousand 

JnsTeriitorvto  five  hundred  acres,  out  of  any  lands  of  the  United  States,  lying  in 
be  laid  off  for  the  the  Territory  of  Orleans,  and  west  of  the  river  Mississippi,  and  by  lease 
Alibama  Indians,  vest  the  said  tract  of  land  in  a  certain  tribe  of  Alibama  Indians  and 


MICHIGAN.  191 


their  descendants,  for  the  term  of  fifty  years :  Provided  nevertheless,  That    Proviso. 

it  shall  not  be  lawful  for  the  said  tribe  of  Indians  to  transfer  or  assign 

their  interest  in  the  said  land,  and  every  such  transfer,  or  assignment, 

shall  be  null  and  void  :   And  provided  also,  That  if  the  said  tribe  of  In-    Proviso. 

dins  shall  remove  from  the  said  tract  of  land,  their  interest  in,  and  to, 

the  same  shall  thenceforth  cease  and  determine. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  designated,  un-     Sectary      of 
.  der  the  direction  of  the  Secretary  of  the  Treasury,  two  tracts  of  land  JJ®  g£  two  g^g 
in  the  Michigan  Territory,  one  includingthe  village  called  Brown'stown,  Of  ian(i  jn  Micli- 
and  the  other  the  village  called  Maguaga  in  the  possession  of  the  Wyau-  igan  to  be  laid 
dott  tribe  of  Indians,  containing  in  the  whole  not  more  than  five  thou-  off  for  the  Wy- 
sand  acres;  which  two  tracts  of  land  shall  be  reserved  for  the  use  of aE 
the  said  Wyandotts,  and  their  descendants,  and  be  secured  to  them  in 
the  same  manner,  and  on  the  same  terms  and  conditions  as  is  provided 
in  relation  to  the  Alibama  Indians,  by  the  first  section  of  this  act.  (a) 
(a)  See  No.  503. 

No.  457.— AN  ACT  to  authorize  the  granting  of  patents  for  land,  according  to  the  April  23, 1812. 
surveys  that  have  been  made ;  and  to  grant  donation  rights  to  certain  claimants  of  Vol.  2,  p.  710. 
laud  in  the  district  of  Detroit,  and  for  other  purposes. 

/>>  it  enacted,  #c.,  That  patents  shall  be  granted  to  the  persons  whose     Patents  to  be 
claims  to  land  have  been  confirmed  in  the  district  of  Detroit,  in  con-  fjfjg     4°h  JTe 
formity  to  the  surveys  which  have  been  made  under  the  direction  of  claims  have  been 
the  surveyor-general,  and  the  general  plat  of  which  has  been  returned  confirmed, 
to  the  Secretary  of  the  Treasury,  notwithstanding  the  surveys  shall  not, 
in  every  respect,  correspond  with  the  description  of  the  tracts  as  con- 
firmed by  the  commissioners  for  adjusting  land  claims  in  the  said  dis- 
trict: Provided,  That  the  confirmation  of  the  commissioners  and  certifi-    Provi80' 
cate  of  the  register  shall,  in  every  other  respect,  be  conformable  to  law. 

SEC.  2.  And  le  it  further  enacted,  That  every  person,  whose  claim  has  abie  to  law. 
been  confirmed  by  the  commissioners  aforesaid  to  a  tract  of  land  bord-    Donations     of 
erin»;  on  the  river  Detroit,  and  whose  tract,  as  confirmed,  does  not  ex-  vacant   lands, 
tend  in  depth  eighty  arpens,  French  measure,  shall  be  entitled  to  a  no 
donation  of  any  vacant  tract  of  land  adjacent  to  and  back  of  the  land 
confirmed  to  him  as  aforesaid,  provided  that  such  donation  shall  not 
exceed  forty  arpens,  French  measure,  in  depth,  nor  in  quantity  of  land 
that  contained  in  the  tract  already  confirmed  to  him,  nor  shall  in  any 
case  the  tract  confirmed  as  aforesaid,  and  that  allowed  as  a  donation, 
together  exceed  eighty  arpens,  French  measure,  in  depth,  and  in  all 
cases  where,  by  reason  of  bends  in  the  said  river,  and  of  adjacent  prior    Where    bonds 
claims,  each  claimant  cannot  obtain  a  tract  equal  in  quantity  to  the  2? J^mtntftvIS 
tract  already  confirmed  to  him,  the  vacant  land  applicable  to  the  object  b|    granted, "  as 
shall  be  divided  between  the  claimants  in  such  manner  as  shall  appear  commissioners 
to  the  commissioners  for  adjusting  the  claims  most  equitable.    And  may  determine, 
every  person  claiming  a  donation  in  virtue  of  this  section  shall,  on  or 
before  the  first  day  of  December  next,  deliver  to  the  register  of  the 
land  office  at  Detroit,  a  notice,  in  writing,  of  the  situation  and  extent 
of  his  claim,  which  ho  shall  file  in  his  office  on  receiving  twenty- five 
cents  from  the  party  or  parties  for  each  claim ;  and  if  such  person  shall 
neglect  to  deliver  such  notice  within  the  time  limited,  his  right  to  a 
donation,  under  this  section,  shall  become  void.     And  the  commissioners 
for  adjusting  claims  to  land  in  the  said  district  shall,  as  soon  as  may  be 
after  the  first  of  December  next,  proceed  to  examine  and  decide,  accord- 
ing to  the  provisions  of  this  section,  on  the  claims  filed  as  aforesaid; 
and  when  it  shall  appear  to  the  said  commissioners  that  the  claimant  is     Commissioners 
entitled  to  a  donation  of  land,  they  shall  give  a  certificate  stating  the  J£tflve  J 
circumstances  of  the  case,  and  that  the  claimant  is  entitled  to  receive  a 
patent  for  such  a  tract  of  land  by  virtue  of  this  section,  which  tract 
shall  be  surveyed  in  conformity  with  the  decision  of  the  commisssoners, 
at  the  expense  of  the  party,  under  the  direction  of  the  surveyor-gen- 
eral, by  such  of  his  assistants  residing  in  the  said  district  as  the  said 
surveyor-general  shall  appoint  for  that  purpose.     The  expense  of  sur- 
veying shall  be  the  same,  and  the  plats  of  surveys  and  transcript  of  the 
decisions  of  the  commissioners  in  favor  of  claimants  shall  be  made  and 
transmitted  to  the  Secretary  of  the  Treasury  in  the  same  manner;  and 
the  certificates  granted  by  the  commissioners  shall  be  entered  with  the 
register  of  the  land  office,  and  certificates  of  the  register  be  granted  to 
the  party  or  parties  on  payment  of  the  sajme  fees,  and  patents  granted, 
in  every  respect,  in  the  same  manner  as  is  directed  by  the  third  section 


192  MICHIGAN. 

of  an  act,  entituled  "An  act  regulating  the  grants  of  land  iu  the  TYi:i- 
tory  of  Michigan,"  passed  the  third  day  of  March,  one  thousand  eight 
hundred  and  seven. 

Heirs  of  Joseph     SEC.  3.  And  le  it  further  enacted,  That  the  heirs  of  Joseph  Harrison, 

Harrison  may  be  late  of  Detroit,  deceased,  be  permitted  to  enter  with  the  register  of  the 

make^n  entry  in  lan(l  office,  for  the  district  of  Detroit,  their  claim  to  any  tract  or  tracts 

the  land  office  for  of  land  in  the  said  district ;  and  such  entry  shall  have  the  same  effect, 

the    district    of  and  the  commissioners  shall  have  the  same  powers,  and  act  thereon  in 

the  same  manner,  as  if  the  entry  had  been  made  before  the  first  day  of 

January,  one  thousand  eight  hundred  and  nine ;  and  in  case  of  a  ofeci- 

sion  in  favour  of  their  claim  or  claims,  a  patent  or  patents  shall  be 

granted  for  the  lands  so  claimed  and  confirmed  to  them,  any  law  to  the 

contrary  notwithstanding,  (a) 

(a)  See  Nos.  197,  454,  455,  461,  464,  466,  474,  514,  532. 


May  6, 1812.       No.  458.— AN  ACT  to  provide  for  designating,  surveying  and  granting  the  military 
Vol.  2,  p.  728.  bounty  lands. 


Lands  set  apart     %e  M  enacted,  <$-c.,  That  the  President  of  the  United  States  be,  and  he 
for     satisfying  is  hereby  authorized  to  cause  to  be  surveyed  a  quantity  of  the  public 
military  bounty  lands  of  the  United  States,  fit  for  cultivation,  not  otherwise  appropri- 
ceedki<*  °ix  mil-  a^e^>  an<^  *o  which  the  Indian  title  is  extinguished,  not  exceeding  in 
lions  o?  acres  in  the  whole  six  millions  of  acres,  two  millions  to  be  surveyed  in  the  Ter- 
Michigan,     Illi-  ritory  of  Michigan,  two  millions  in  the  Illinois  Territory,  north  of  the 
nois,  and  Louisi-  Illinois  River,  and  two  millions  in  the  Territory  of  Louisiana,  between 
the  river  St.  Francis  and  the  river  Arkansas;  the  said  lands  to  be 
divided  into  townships,  and  subdivided  into  sections  and  quarter-sec- 
tions, (each  quarter-section  to  contain,  as  near  as  possible,  one  hundred 
and  sixty  acres,)  in.  the  manner  prescribed  by  law  for  surveying  and 
subdividing  the  other  public  lands  of  the  United  States,(a)  the  same 
price  to  be  allowed  for  surveying  as  is  fixed  for  surveying  the  other 
public  lands  in  the  same  territory.    And  the  lands  thus  surveyed,  with 
Salt     springs,  the  exception  of  the  salt  springs  (&)  and  lead  mines  (c)  therein,  and  of 
«fcc.,   to    be    ex-  the  quantities  of  land  adjacent  thereto,  as  may  be  reserved  for  the  use 
cepted.  Qf  t^  8ame  by  the  President  of  the  United  States,  and  the  section 

number  sixteen  in  every  township  to  be  granted  to  the  inhabitants  of 
such  township  for  the  use  of  public  schools,  (d)  shall  be  set  apart  and 
reserved  for  the  purpose  of  satisfying  the  bounties  of  one  hundred  and 
sixty  acres,  promised  to  the  non-commissioned  officers  and  soldiers  of  the 
United  States,  their  heirs  and  legal  representatives,  by  the  act,  entituled 
"An  act  for  completing  the  existing  military  establishment,"  approved 
the  twenty-fourth  day  of  December,  one  thousand  eight  hundred  and 
eleven,  and  by  the  act,  entituled  "An  act  to  raise  an  additional  military 
force,"  approved  the  eleventh  day  of  January,  one  thousand  eight  hun- 
dred and  twelve. 

Warrants      to     SEC.  2.  And  le  it  further  enacted,  That  the  Secretary  for  the  Depart- 

be      issued    by  ment  of  War,  for  the  time  being,  shall,  from  time  to  time,  issue  war- 

the  Secretary  of  rants  for  the  military  land  bounties  to  the  persons  entitled  thereto  by 

Proviso.  ^e  ^wo  last-mentioned  acts,  or  either  of  them  :  Provided  always,  That 

such  warrants  shall  be  issued  only  in  the  names  of  the  persons  thus 

entitled,  and  be  by  them  or  their  representatives  applied  for  within 

five  years  after  the  said  persons  shall  have  become  entitled  thereto  ;  and 

the  said  warrants  shall  not  be  assignable  or  transferable  in  any  manner 

whatever. 

Claims  to  be  SEC.  3.  And  le  it  further  enacted,  That  every  person  in  whose  favour 
determined  by  such  warrants  shall  have  been  issued,  shall,  on  delivery  of  the  same  at 
lot-  the  office  of  the  Secretary  of  the  Treasury,  or  of  such  other  officer  as 

may  at  the  time  have,  by  law,  the  superintendence  of  the  General  Laud 
Office  of  the  United  States  at  the  seat  of  Government,  be  entitled  to 
draw  by  lot  in  such  manner  as  the  officer,  at  the  head  of  the  Land  Office, 
under  the  direction    of  the  President  of  the  United  States,  may  pre- 
scribe, one  of  the  quarter-sections  surveyed  by  virtue  of  the  first  sec- 
tion of  this  act,  in  either  of  the  said  Territories  which  the  person  in 
A  patent  to  be  whose  favour  such  warrant  has  issued  may  designate.     And  a  patent 
granted.  shall  thereupon  be  granted  to  such  person,  for  such  quarter-section, 

without  requiring  any  fee  therefor. 

Claims  for  mil-     SEC.  4.  And  le  it  further  enacted,  That  no  claim  for  the  military  land 
itary  land  boun-  bounties  aforesaid  shall  be  assignable  or  transferable  in  any  manner 
S1Sna~  wna*everj  until  after  a  Patent  shall  have  been  granted  in  the  manner 
aforesaid.    All  sales,  mortgages,  contracts,  or  agreements,  of  any  nature 


whatever,  made  prior  thereto,  for  the  purpose,  or  with  intent  of  alienating, 
or  mortgaging  any  such  claim,  are  hereby  declared  and  snail 
held 
be 


MICHIGAN. 

purpose,  or  wit 

utfiuii  v/j.  j-uwj.  ffiLtfl/ckJ..!-!^  **-"j  "-j^v-"  ^-.etinjj  eirc         "— •/ 
held  null  and  void  ;  nor  shall  any  tract  of  land,  granted  as  aforesaid, 
liable  to  be  taken  in  execution  or  sold  on  account  of  any  such  sale, 
mortgage,  contract  or  agreement,  or  on  account  of  any  debt  contracte 
prior  to  the  date  of  the  patent,  either  by  the  person  originally  entitled 
to  the  land  or  by  his  heirs  or  legal  representatives,  or  by  virtue  of  any 
process,  or  suit  at  law,  or  judgment  of  court  against  a  person  entitled 
to  receive  his  patent  as  aforesaid,  (e) 

(a)  See  Nos.  11, 197,  460,  509,  513,  590. 

(b)  See  Nos.  493,  516,  519. 

(c)  See  Nos.  515,  518,  5'.  7. 

(d)  See  Nos.  476,  493,  562,  586. 

(e)  See  Nos.  460, 461a. 

No.  459.— AN  ACT  to  authorize  the  President  of  the  United  States  to  ascertain     May  20, 1812. 
and  designate  certain  boundaries.  vol.  4  p.  74i. 

[See  OHIO,  No.  57.] 

No.  460.— AN  ACT  to  authorize  the  survey  of  two  millions  of  acres  of  public  lands,     April  29,  1816. 
'    in  lieu  of  that  quantity  heretofore  authorized  to  be  surveyed  in  the  Territory  of     Vol.  3,  p.  332. 
Michigan,  as  military  bounty  lands. 
[See  ILLINOIS,  No.  342.] 

No.  461.— AN  ACT  allowing  further  time  for  entering  donation  rights  to  lands  in     March  3,  1817. 
the  district  of  Detroit.  Vo1  3.  P-  39°- 


Be  it  enacted,  #c.,  That  the  claimants  to  certain  donation  rights  to     The  claimants 
land  in  the  district  of  Detroit,  granted  by  the  second  [section]  of  an  to  certain  dona- 
act,  entitled  "An  act  to  authorize  the  granting  of  patents  for  land.tion    rights    of 
according  to  the  surveys  that  have  been  made,  and  to  grant  donation  g™  ™f  ^tjjg 
rights  to  certain  claimants  of  land  in  the  district  of  Detroit,  and  forallowed    until 
other  purposes,"  passed  the  twenty-third  of  April,  one  thousand  eight  the  1st  of  Dec., 
hundred  and  twelve,  be,  and  they  are  hereby,  allowed  until  the  first  1818  to  Me  their 
day  of  December,  one  thousand  eight  hundred  and  eighteen,  to  file    £ 
their  claims  with  the  register  of  the  land  office,  for  the  district  afore- 
said, (a) 

(a)  See  Nos.  197,  454,  455,  457,  464,  466,  474,  514,  532. 


No.  461a.—  AN  ACT  extending  the  time  for  obtaining  military  land-warrants  in     March  27,  1818. 

certain  cases.  Vol.  3,  p.  411. 

Be  it  enacted,  #c.,  That  the  provision  of  the  second  section  of  the  act,  ~  The  second  sec- 
entitled  "  An  act  to  provide  lor  designating,  surveying,  and  granting,  tion  of  theactre- 
the  military  bounty  lands,"  passed  on  the  sixth  day  of  May,  one  thou-  ferred  to  not  to 
sand  eight  hundred  and  twelve,  which  limits  the  time  within  which  jJPPlv    to    th| 
persons  entitled  to  military  bounty  lands  shall  make  their  application  persons    tilled, 
for  a  land  warrant  to  five  years  from  and  after  such  person  shall  have  &c. 
become  entitled  thereto,  shall  not  be  construed  to  apply  to,  affect,  or 
bar,  any  application  for  a  military  land-warrant,  which  may  be  made 
by  the  heirs  and  representatives  of  a  deceased  person,  who  was  entitled 
thereto  by  services  performed  in  the  late  war,  or  application  by  the 
heirs  and  representatives  of    any  non-commissioned  officer  or  soldier 
killed  in  action,  or  who  died  in  the  actual  service  of  the  United  States, 
and  entitled  by  existing  laws  to  a  bounty  in  lands;  but  the  heirs  and     The  heirs,  &c., 
representatives  of  such  persons  shall  be  allowed  to  make  their  applica-  may^ke^pplS 
tions  therefor  at  any  time  before  the  first  day  of  May,  one  thousand  cations  until  1st 
eight  hundred  and  twenty  ;  any  act  to  the  contrary  notwithstanding,  (a)  May,  1820. 

(a)  See  Nos.  458,  460. 

No.  462.—  AN  ACT  to  enable  the  people  of  the  Illinois  Territory  to  form  a  consti-     April  18,  1818. 
tution  and  State  government,  and  for  the  admission  of  such  State  into  the  Union  on     Vol.  3,  p.  428. 
equal  footing  with  the  original  States.  —  • 


SEC.  7.  And  le  it  further  enacted,  That  all  that  part  of  the  territory  of     Additional  ter- 
the  United  States  lying  north  of  the  State  of  Indiana,  and  which  wasggg  „£?    after* 
included  in  the  former  Indiana  Territory,  together  with  that  part  of  niinoi8  is  formed 
the  Illinois  Territory  which  is  situated  north  of  and  not  included  within  into    a    State, 
13  L  O  —  VOL  II 


194  MICHIGAN. 

subject    to   the  the  boundaries  prescribed  by  this  act,  to  the  State  thereby  authorized 
disposition  of  ^o  jje  formed,  shall  be,  and  hereby  is,  attached  to,  and  made  a  part  of 
congress,  &c.      the  Michigan  Territory,  from  and  after  the  formation  of  the  said  State, 
subject,  nevertheless,  to  be  hereafter  disposed  of  by  Congress,  according 
to  the  right  reserved  in  the  fifth  article  of  the  ordinance  aforesaid,  and 
the  inhabitants  therein  shall  be  entitled  to  the  same  privileges  and  im- 
munities, and  subject  to  the  same  rules  and  regulations,  in  all  respects, 
with  the  other  citizens  of  the  Michigan  Territory,  (a) 
(a)  SeeXos.  451,  459,  473,  487,  491,  492,  497,  498,  499,  511,  512. 


March  2, 1819.    No.  463.— AX  ACT  confirming  the  claim  of  Alexander  Macomb  to  a  tract  of  land 
Vol.  6,  p.  228.  in  the  Territory  of.  Michigan. 

Land  title  con-  &e  *'  enacted,  j-c.t  That  Alexander  Macomb  of  the  Territory  of  Mich- 
firmed,  igan,  be,  and  he  hereby  is,  confirmed  in  his  right  and  claim  to  a  tract 
of  land,  be  ing  an  island,  situated  in  the  mouth  of  Detroit  River,  known  by 
the  name  of  Stoney  Island,  which  was  formerly  occupied  and  improved 
for  the  benefit  of  the  heirs  of  William  Macomb,  deceased,  under  whom 
the  said  Alexander  Macomb  now  claims  title;  and  upon  a  regular  plat 
and  survey  of  the  said  island  being  returned  into  the  office  of  the  Com- 
missioner of  the  General  Land  Office,  a  patent  shall  be  granted  for  the 
aforesaid  island  or  tract  of  land  :  Provided,  That  the  confirmation  and 
grant,  to  Alexander  Macomb,  hereby  made  and  directed,  shall  not  preju- 
dice the  legal  claim  (if  such  there  be)  of  any  other  person  to  the  same 
tract  of  land. 


May  11,  1820.     JVo.  464.— AX  ACT  to  revive  the  powers  of  the  commissioners  for  ascertaining  and 
Vol.  3,  p.  572         deciding  on  claims  to  land  in  the  district  of  Detroit,  and  for  settling  the  claims  to 
land  at  Green  Bay  and  Prairie  des  Cbiens,  in  the  Territory  of  Michigan. 


Powers  of  the     Be  it  enacted,  $c.,  That  the  powers  of  the  commissioners  for  ascertain- 
commissioners  ing  and  deciding  on  the  rights  of  persons  claiming  lands  in  the  district 
claims  to  lands  ot  Detroit,  as  defined  by  the  second  section  of  an  act,  entitled  "An  act 
in  the  district  of  to  authorize  the  granting  of  patents  for  land  according  to  the  surveys 
Detroit,  un  der  that  have  been  made,  and  to  grant  donation  rights  to  certain  claimants 
fei-M-ev?  erf1"*1'  of  land  in  the  district  of  Detroit,  and  for  other  purposes,"  passed  on  the 
twenty-third  of  April,  one  thousand  eight  hundred  and  twelve,  shall  be, 
Commissioners  and  are  hereby,  revived. '  And  the  said  commissioners  shall  perform  the 
to   perform    the  duties  therein  prescribed,  in  relation  to  the  claims  which  have  been 
duties    prescnb-  fi,ed  with  the  regi8ter  of  the  land  office  for  the  said  district,  in  pur- 
suance of  the  act,  entitled  "An  act  allowing  further  time  for  entering 
And  to  exam- donation  rights   to  lands  in   the  district  of  Detroit."    And  the  said 
in e  and  decide  on  commissioners  shall  also  have  power  to  examine  and  decide,  accord- 
C  Export  and  *n£  *°  tne  ^aw8  respecting  the  same,  the  claims  which  have  been  filed 
transcripts  to  be  with  the  register  of  the  land  office,  and  not  heretofore  decided  on  :  and 
transmitted      to  they  shall  transmit  their  report,  and  transcripts  of  their  decisions,  to 
;he  Secretary  of  tne  Secretary  of  the  Treasury,  to  be  laid  before  Congress,  in  the  manner 

sury,  A;C.  directed  by  former  laws  providing  for  the  adjustment  of  such  claims. 

An  agent  capa-      SEC.  2.  And  be  it  further  enacted,  That  the  said  commissioners  shall  be, 

ble   of  translat-  and  they  are  hereby,  authorized  to  employ,  with  the  approbation  of  the 

lan>r  'a"   French  Secretary  of  the  Treasury,  a  persoii  capable  of  translating  the  French 

language,  as  an  agent,  for  the  purpose  of  ascertaining  the  titles  and 

claims  to  land  at  the  settlements  of  Green  Bay,  and  Prairie  des  Chiens. 

Agent  to  give  It  shall  be  the  duty  of  the  said  agent  to  give  public  notice,  at  each  of 

notice-    and    at-  the  said  settlements,  of  the  time  and  place  therein,  at  which  he  shall 

attend  for  the  purpose  of  receiving  notices  and  evidence  of  titles  and 

Claimants     to  claims  to  lands  within  the  same.     And  every  person  having  title  or  claim 

produce    evi-  to  ]ands  within  the  settlements  aforesaid,  shall  produce  the  evidence 

ice,  &c.  of  j^  t -ltje  or  claim  to  tne  gajd  agent,  who  shall  record  the  same  in 

Agent    to    re-  books  to  be  kept  for  that  purpose.    And  after  the  said  agent,  shall  have 

port  to  the  com-  remained  at  the  places  aforesaid,  a  time  sufficient  for  the  inhabitants 

ers,  &c.     to  produce  the  evidence  of  their  claims,  he  shall  make  his  report  thereof 

Commissioners  to  the  said  commissioners,  who  shall  have  power  to  examine  and  decide 

to   transmit    re-  on  ^he  claims  so  reported  to  them,  according  to  the  laws  for  adjusting 

Srioteto  trfheand.  settling  the  claims  to  land  in  the  district  of  Detroit,  except,  that 

Secretary  of  the  which  relates  to  donations  of  vacant  land  adjacent  to  the  land  confirmed 

Treasury,  &c.       shall  not  be  considered  applicable  to  claims  in  the  settlements  aforesaid. 

And  the  said  commissioners  shall  transmit  their  report,  and  transcripts 

of  their  decisions,  to  the  Secretary  of  the  Treasury,  on  or  before  the 


MICHIGAN.  195 

3t  of  October,  in  the  year  one  thousand  eight  hundred  and  twenty- 
one,  to  be  laid  before  Congress  at  their  next  session  thereafter,  in  the 
same  manner  as  was  directed  by  law  in  respect  to  the  claims  to  lands  in 
the  district  of  Detroit. 

SEC.  3.  And  be  it  further  enacted,  That  the  agent  aforesaid  shall  take    Agent  to  take 
an  oath  for  the  faithful  discharge  of  the  duties  enjoined  on  him ;  and  he  an  oath- 
shall  conform,  in  discharging  the  said  duties,  to  such  general  instruc- 
tions as  shall  be  given  him  by  the  Secretary  of  the  Treasury  ;  and  the     Five    hundred 
said  commissioners  and  agent  shall  each  receive  five  hundred  dollars,  as  commissioner 
full  compensation  for  the  services  to  be  performed  under  this  act,  to-  and  agent(  with 
gether  with  the  recording  fees  to  the  agent,  and  allowance  to  the  regis-  fees  to  agent  and 
ter,  for  a  certificate  of  confirmation  for  donation  rights  provided  for  by  register. 
former  laws,  (a) 

(a)  See  Nos.  197,  454, 455,  457,  461, 466,  474,  514,  532. 


465. — AN  ACT  to  annex  certain  lands  within  the  Territory  of  Michigan  to  the     May  11,  1820. 
district  of  Detroit.  Vol.  3,  p.  577. 


Be  it  enacted,  <£•<?.,  That  all  the  public  lands  of  the  United  States  within  public  lands, 
the  Territory  of  Michigan,  to  which  the  Indian  title  was  extinguished  to  which  the  In' 
by  the  treaty  held  and  concluded  at  Saguina,  in  the  said  Territory,  on  dian  title  was  ex- 
the  twenty-fourth  day  of  September,  in  the  year  one  thousand  eight  treaty  of  Sa«ni? 
hundred  and  nineteen,  shall  be,  and  hereby  are,  attached  to,  and  made  Da,  attached  to 
part  of,  the  district  of  Detroit,  in  the  said  Territory.  the  district  of 

SEC.  2.  And  be  it  further  enacted,  That  the  land's  aforesaid,  to  which  D'oit- 


the  Indian  title  has  been  extinguished,  and  which  have  not  been  reserved  ^ 


- 

or  appropriated  by  existing  laws  or  treaties,  shall  be  surveyed,  and  propriated,  to  be 
offered  for  sale,  under  the  direction  of  the  President  of  the  United  States,  surveyed  and  of- 
in  the  same  manner,  with  the  same  reservations  and  exceptions,  and  fered  for  sale>  &c- 
upon  the  same  terms  and  conditions  in  every  respect,  both  at  public 
And  private  sale,  as  are  or  may  be  provided  by  law,  for  the  disposal  of 
the  other  public  lauds  within  the  said  district,  (a) 

(a)  See  Nos.  196,  197,  455,  467,  469,  480,  454,  486,  490a,  503,  515,  522,  525a,  529,  536. 


No.  466.— AN  ACT  to  revive  and  continue  in  force  certain  acts  for  the  adjustmen  t     Feb.  21,  1823. 
of  land  claims  in  the  Territory  of  Michigan.  Vol.  3,  p.  724. 


Be  it  enacted,  tyc.,  That  the  act  entitled  "  An  act  to  revive  the  powers     Act    of    May 
of  the  commissioners  for  ascertaining  and  deciding  on  the  claims  to  n,  1820  revived, 
land  in  the  district  of  Detroit,  and  for  settling  the  claims  to  land  at  fo^e  tSl  1st  N<£ 
Green  Bay  and  Prairie  du  Chien,  in  the  Territory  of  Michigan,"  ap-  vember  next, 
proved  May  the  eleventh,  one  thousand  eight  hundred  and  twenty,  shall 
be,  and  the  same  is  hereby,  revived,  and  shall  continue  in  force  until 
the  first  day  of  November  next ;  and  it  shall  be  the  duty  of  the  said     Report  of  the 
commissioners,  as  soon  thereafter  as  may  be,  to  forward  their  report,  commissioners  to 
as  is  required  by  the  second  section  of  said  act,  to  the  Secretary  of  the  congress. 
Treasury,  to  be  by  him  laid  before  Congress  at  its  next  session. 

SEC.  2.  And  be  it  further  enacted,  That  the  second  section  of  the  act,  enti-     Second  section 
tied  "  An  act  to  authorize  the  granting  of  patents  for  land,  accordiug  to  °J    i^to  <£. 
the  surveys  that  have  been  made,  and  to  grant  donation  rights  to  certain  brace  certain 
claimants  of  land  in  the  district  of  Detroit,  and  for  other  purposes,"  claims, 
approved  April  twenty-third,  one  thousand  eight  hundred  and  twelve, 
shall  be  so  construed  as  to  embrace  all  persons  who  have  claims  con- 
firmed below  Milk  River  Point,  at  the  lower  end  of  Lake  St.  Clair. 

SEC.  3.  And  be  it  further  enacted,  That  patents  shall,  and  they  are  hereby     Patents  to  be 
directed  to,  be  issued,  in  the  mode  pointed  out  by  law  in  other  cases,  to  iss^  ^Jfa  i  m  s 
persons  whose  claims  to  lands,  town  or  village  lots,  have  been  regu-  jj^ '  ^een   fije^ 
larly  filed  with  the  commissioners  appointed  by  an  act,  entitled  "  An  under  the  act  of 
act  to  revive  the  powers  of  the  commissioners  for  ascertaining  and  de-  May  11, 1«20. 
cidiug  on  claims  to  land  in  the  district  of  Detroit,  and  for  settling  the 
claims  to  laud  at  Green  Bay  and  Prairie  du  Chien,  in  the  Territory  of 
Michigan,"  passed  on  the  eleventh  day  of  May,  one  thousand  eight  hun- 
dred and  twenty,  and  whose  claims  are  contained  in  the  report  trans- 
mitted to  the  Secretary  of  the  Treasury,  and  which  have  been  re- 
ported favorably  on  by  said  commissioners  :  and  such  persons  are  here- 
by confirmed  in  their  claims,  agreeably  to  any  surveys  heretofore  made, 
or  the  lines  and  boundaries  established  by  the  claimants  respectively : 


196  MICHIGAN. 

Proviso.  Provided,  That  such  confirmations  shall  only  amount  to  a  relinquish- 

ment  forever,  on  the  part  of  the  United  States,  and  that  not  more  than 
six  hundred  and  forty  acres  shall  be  confirmed  by  virtue  of  any  one 
claim  ;  nor  shall  more  be  confirmed,  in  any  case,  than  the  quantity 
claimed  ;  nor  shall  any  claim  extend  in  width  more  than  forty,  nor  in 
depth  more  than  eighty,  arpents  ;  nor  to  land  heretofore,  and  now,  re- 
served by  the  United  States  for  public  uses. 

Claimants  re-  SEC.  4.  And  be  it  further  enacted,  That  wherever  it  shall  appear  to  the 
moved  by  any  gaid  commissioners  that  any  claimant  to  land,  or  a  town  or  village  lot, 
TJ^Td  States  at  Green  Bav  or  p.rairie  du  Chien,  cannot  establish  his,  her,  or  their, 
Army,  to  have  claim  to  the  same,  in  consequence  of  his,  her,  or  their,  removal  there- 
certificates  for  from  by  any  officer  of  the  United  States' Army,  it  shall  be  the  duty 
anytractof  land,  of  the  said  commissioners  to  issue  a  certificate  to  such  person  or  per- 
favT  occupiecl  8OD8!  for  any  tract  of  land,  °*  village  lot,  which  may  have  been  occupied 
after  such  remo-  °v  him,  her,  or  them,  after  such  removal,  not  exceeding,  in  quantity, 
val.  that  originally  claimed;  on  which  certificates  patents  shall  issue,  as  in 

other  cases  ;  which  claims  shall  be,  in  all  other  respects,  subject  to  the 
restrictions  and  provisions  of  the  third  section  of  this  act. 

Occupants  of     SEC.  5.  And  be  it  further  enacted,  That  ever  person  who,  on  the  first 
land  in  Green  day  of  July,  one  thousand  eight  hundred  and  twelve,  was  a  resident 
Chf'  ^^M^h'li1  °^  ^reen  Bay,  Prairie  du  Chien,  or  within  the  county  of  Michilimacki- 
macVinaw  on  naw>  and  who,  on  the  said  day,  occupied  and  cultivated,  or  occupied  a 
July  i,  1812,  who  tracXi  of  land  which  had  previously  been  cultivated  by  said  occupant, 
have  continued  lying  within  either  of  said  settlements,  and  who  has  continued  to  sub- 
authorit1*  of  the  mit  to  tbe  aathority  of  the  United  States,  or  to  the  legal  representa- 
Unite"  States,  or  tiyes  °f  every  such  person,  shall  be  confirmed  in  the  tract  so  occupied 
their  legal  repre- and  cultivated;  and  the  said  commissioners,  in    the  adjudicating  on 
sentatives,  to  be  claims  to  land  embraced  by  this  act,  are  authorized  to  take  into  their 
confirmed  in  said  consideration  the  evidence  and  facts  collected  and  reported  to  them  by. 
the  agents  of  the  United  States,  pursuant  to  the  provisions  of  the  act 
of  the  eleventh  of  May,  one  thousand  eight  hundred  and  twenty,  as 
well  as  such  other  and  further  evidence  and  testimony  as  may  or  shall 
be  exhibited  before  them  by  the  claimants,  to  support  their  claims :  and 
the  register  of  the  land  office  at  Detroit  is  authorized  and  required  to 
receive  and  record  all  notices  and  claims  to  lands  provided  for  by  this 
act,  and  which  shall  be  exhibited  to  him  on  or  before  the  first  day  of 
Proviso.  October  next :  Provided,  however,  That  no  person  shall  be  confirmed  in  a 

greater  quantity  than  six  hundred  and  forty  acres ;  nor  shall  any  tract, 
so  confirmed,  exceed  eighty  arpents  from  front  to  rear.  And  it  shall  be 
the  duty  of  the  surveyor-general  of  the  United  States,  under  the  direc- 
tion of  the  Secretary  of  the  Treasury,  to  cause  the  land  confirmed  by 
this  act  to  be  surveyed,  at  the  expense  of  the  claimants,  respectively; 
plats  of  which  shall  be  returned,  as  in  other  cases,  and  patents  therefor 
shall  be  granted  to  the  several  claimants  in  the  manner  prescribed  by 
law.  (a) 

An   additional     SEC.  6.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 

sum  to  be  allowed  shall  be,  and  he  is  hereby,  authorized  to  allow  to  the  former  agent,  and 

to  persons  cany-  to  each  of  the  per8on8  wnose  duty  it  is  made  to  carry  this  law  into  effect,. 

effect  8uch  8um>  in  addition  to  the  sum  allowed  by  the  first-recited  act,  as  he 

may  deem  just  and  reasonable. 

(a)  See  Nos.  197,  454,  455,  457,  461,  464,  474,  514,  532. 


March  3,  1823.    No.  467.— AX  ACT  to  establish  an   additional  land  office  in  the  Territory  of 
Vol.  3,  p.  778.  Michigan. 

Th    P — ^      Be  lt  enacted,  $c.,  That  all  the  public  lands  in  the  district  of  Detroit, 
to  desigTat  ea  lying  south  of  the  boundary  line  between  the  third  and  fourth  town- 
place  for  an  ad-  ships,  south  of  the  base  line,  except  so  much  thereof  as  lies  north  of 
a  i  t  i  on  al  land  the  river  Huron,  of  Lake  Erie,  and  all  the  public  lands  in  the  Territory 
office  in  the  Ter-  of  Michigan,  to  which  the  Indian  title  was  extinguished  by  the  treaty 
of  Chicago,  shall  be  formed  into  a  new  laud  district ;  and,  for  the  sale 
of  the  public  lauds  within  the   district  hereby  constituted,  there  shall 
be  a  land  office  established,  at  such  place  within  the  district  as  the 
President  of  the  United  States  may  designate. 

President  to     SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  a  register  of  the 
appoint  a  regis-  land  office,  and  a  receiver  of  public  monevs,  appointed  by  the  Presi- 
ter  and  receiver.  dent  of  the  United  States,  for  the  land  office  hereby  created,  to  super- 
intend the  sales  of  public  lands  within  said  district,  who  shall  give  se- 
curity in  the  same  manner,  in  the  same  sums,  and  whose  compensation, 


MICHIGAN.  197 

emoluments,  and  duties,  and  authority,  shall,  in  every  respect,  be  the 
same,  in  relation  to  the  lands  which  shall  be  disposed  of  at  their  office, 
as  are,  or  may  be,  by  law  provided  in  relation  to  the  registers  and  re- 
ceivers of  public  moneys  in  the  several  offices  established  for  the  sale 
of  public  lands.  («) 

SEC.  3.  And  ~be  it  further  enacted,  That  the  provisions  of  the  third  and     Provisions  of 
fifth  sections  of  the  act,  entitled  "An  act  to  designate  the  boundaries  the  act  of  Marci 
of  districts,  and  establish  land  offices,  for  the  disposal  of  the  public  JhSbieto   this 
lands,  not  heretofore  offered  for  sale,  in  the  States  of  Ohio  and  Indiana,"  on}ce. 
approved  March  the  third,  one  thousand  eight  hundred  and  nineteen, 
be,  and  the  same  are  hereby,  made  applicable  to  the  district  and  office 
hereby  created,  so  far  as  they  are  not  changed  by  subsequent  laws  of 
the  United  States:  Provided,  That  all  such  public  lands,  embraced    Proviso, 
within  the  district  created  by  this  act,  which  shall  have  been  offered 
for  sale  to  the  highest  bidder,  at  Detroit,  pursuant  to  any  proclama- 
tion of  the  President  of  the  United  States,  and  which  lands  remain  un- 
sold at  the  taking  effect  of  this  act,  shall  be  subject  to  be  entered  and 
sold  at  private  sale  by  the  register  of  the  laud  office  hereby  created,  in 
the  same  manner,  and  subject  to  the  same  terms,  and  upon  like  condi- 
tions, as  the  sales  of  said  lands  would  have  been  subjected  to  in  the 
land  office  at  Detroit  had  they  remained  attached  to  that  office.  (&) 

SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  take  effect,  and  Act  to  take  ef- 
be  in  force  from  and  after  the  first  day  of  May  next  ensuing  the  pas-  feet  May  1st  next, 
.sage  thereof. 

(a)  See  Nos.  196,  197,  455,  465,  469,  480,  434,  486,  490a,  503,  515,  522,  525a,  529,  536. 
(&)  See  Nos.  85,  197,  455,  480,  503,  515,  526,  535,  574,  575,  583,  584. 


No.  468.— AN  ACT  for  the  relief  of  the  corporation  of  the  Church  of  St.  Anne,  and     May  26, 1824. 
to  authorize  the  extension  of  Lamed  street,  in  the  town  of  Detroit.  VOL  6,  p.  315. 


Be  it  enacted,  $~c.,  That  it  shall  be  lawful  for  the  governor  and  judges     Lamed  street, 
of  the  Territory  of  Michigan,  to  cause  Larned  street,  in  the  town  of in  Detroit,  to  be 
Detroit  to  be  continued,  westerly,  parallel  to  Jefferson  avenue,  until 
it  intersects  the  street  which  runs  northerly  from  said  avenue,  at  right 
angles  therewith,  near  the  public  barn,  agreeable  to  the  plan  of  the 
town ;  and  to  cause  the  public  barn,  and  the  pickets  bounding  the  mili- 
tary reserve,  to  be  removed  to  the  north  side  of  Larned  street. 

SEC.  2.  And  be  it  further  enacted,  That  so  much  of  the  military  reserve,    Part  of  military 
lying  south  of  Larned  street,  thus  extended,  as  is  included  in  the  deed  JJ1^^  cormJS- 
from  the  said  governor  and  judges  to  the  corporation  of  the  Catholic  ^on  Of  g^.  Anne. 
Apostolic  and  Roman  Church  of  St.  Anne,  of  Detroit,  on  the  llth  day 
of  January,  one  thousand  eight  hundred  and  seventeen,  be,  and  the 
same  is  hereby  declared  to  be,  confirmed  to  the  said  corporation. 

SEC.  3.  And  be  it  further  enacted,  That  the  residue  of  the  said  military     Residue  to  be 
reserve,  between  Larned  street  and  Jefferson  avenue,  included  within  disposed  of  agree- 
the  pickets  of  the  said  reserve,  and  bounded  west  by  said  street,  which  ApSil  21, 1806 
runs  from  said  avenue  to  the  public  barn,  and  east  by  the  east  bounds 
of  the  military  reserve,  be,  and  the  same  is  hereby  declared  to  be,  vested 
in  the  said  governor  and  judges,  to  be  disposed  of  as,  by  the  act  of 
Congress,  passed  the  twenty -first  day  of  April,  one  thousand  eight  hun- 
dred and  six,  entitled  "An  act  to  provide  for  the  adjustment  of  titles 
of  land  in  the  town  of  Detroit,  and  Territory  of  Michigan,  and  for  othe^ 
purposes,"  is  directed,  (a) 

(a)  See  Nos.  453,  471,  479,  481,  501,  583. 


Wo.  469.— AN  ACT  to  alter  the  lines  between  the  land  districts  in  the  Territory  of     May  16,  1826. 

Michigan.  Vol.  4,  p.  167. 


Be  it  enacted,  <$-c.,  That  the  boundaries  of  the  southern  land  district,     Boundaries   of 
in  the  Territory  of  Michigan,  as  established  by  the  act  passed  the  third  the  southern  land 
of  March,  eighteen  hundred  and  twenty-three,  entitled  "An  act  to  es-  district,  in  Mich- 
tablish  an  additional  land  office  in  the  Territory  of  Michigan,"  shall  be  ^an^ established 
so  altered,  as  that,  from  the  point  where  the  present  boundary  line  be-  March  3, 1823,  to 
tween  the  third  and  fourth  townships  south  intersects  the  meridian  be  altered, 
line,  the  boundary  of  the  said  district  shall  run  north  with  the  merid- 
ian line  until  it  shall  intersect  the  base  line,  and  thence  with  the  said 
line  west  to  Lake  Michigan,  (a) 

(a)  See  Nos.  196,  197,  455,  465,  467,  480,  484,  486,  490a,  503,  515,  522, 525a,  529, 536. 


198  MICHIGAN. 

May  20, 1826.      No.  470.— AN  ACT  concerning  a  seminary  of  learning  in  the  Territory  of  Michigan. 
Be  it  enacted,  $-c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 


A  quantity  of  hereby,  authorized  to  set  apart  and  reserve  from  sale,  out  of  any  of  the 
land  not  exceed-  public  lands  within  the  Territory  of  Michigan,  to  which  the  Indian  title 
townships,  to  be  may  be  extinguished,  and  not  otherwise  appropriated,  a  quantity  of 
reserved  for  the  land,  not  exceeding  t\vo  entire  townships,  for  the  use  and  support  of  an 
use  and  support  university  within  the  Territory  aforesaid,  and  for  no  other  use  or  pur- 
°f  M*'  nl-niversitjr  pose  whatsoever,  to  be  located  in  tracts  of  laud  corresponding  with  any 
of  the  legal  divisions  into  which  the  public  lands  are  authorized  to  be 
surveyed,  not  less  than  one  section,  one  of  which  said  townships,  so  set 
apart  and  reserved  from  sale,  shall  be  in  lieu  of  an  entire  township  of 
land,  directed  to  be  located  in  said  Territory  for  the  use  of  a  seminary 
of  learning  therein,  by  an  act  of  Congress  entitled  "An  act  making 
provision  for  the  disposal  of  the  public  lands  in  the  Indiana  Terri- 
tory, and  for  other  purposes,"  approved  March  twenty-sixth,  one  thou- 
sand eight  hundred  and  four,  (a) 

(a)  See  Nos.  196,  477,  489,  490,  493. 

May  20,  1826.     NO.  471  .—AN  ACT  granting  certain  grounds  in  the  city  of  Detroit  to  the  mayor, 
Vol.  6,  p.  346.  recorder,  aldermen,  and  freemen  of  that  city. 


Certain  public  Be  it  enacted,  <|'C.,  That  all  the  right  and  claim  of  the  United  States  in 
grounds  in  I)e-  and  to  the  public  grounds  within  the  limits  of  the  city  of  Detroit,  here- 
nfavor  fee"  of  tofore  occupied  for  military  purposes,  excepting  as  hereinafter  provided, 
said  city.  be,  an(l  the  same  are  hereby,  granted  to,  and  vested  in,  the  mayor, 

recorder,  aldermen,  and  freemen  of  the  city,  for  the  use  of  said  freemen : 
Proviso.  Provided,  There  be  reserved  and  exceptedfrom  this  grant  the  following 

lots :  one  lot,  upon  which  the  public  store- house  is  situate,  bounded  one 
hundred  and  fifty  feet  in  front  upon  Jefferson  avenue,  and  extending 
the  same  width  to  the  channel  of  the  river ;  one  other  lot,  upon  which 
the  public  arsenal  is  situate,  containing  one  hundred  and  fifty  feet  in 
front  upon  Jefferson  avenue,  and  extending  the  same  width,  by  parallel 
lines,  at  right  angles,  with  said  avenue,  in  a  northwestern  course,  two 
hundred  feet ;  and  one  other  lot,  upon  which  the  building  occupied  by 
the  military  store-keeper  is  situate,  containing  one  hundred  and  twenty- 
five  feet  in  front  upon  Jefferson  avenue,  and  extending  back,  in  a  north- 
western direction,  by  parallel  lines,  at  right  angles  with  that  avenue, 
Proviso.  two  hundred  feet;  And  provided  also,  That  the  grant  expressed  in  this 

act  shall  not  take  effect,  until  the  said  mayor,  recorder,  aldermen,  and 
freemen,  in  their  corporate  capacity,  shall  have  secured  to  the  United 
States  a  sum  of  money,  to  be  expended  under  the  direction  of  the  Sec- 
retary of  War,  sufficient  for  the  erection  of  a  magazine, -at  a  place  with- 
out the  limits  of  the  city,  to  be  designated  by  the  War  Department,  (a) 

(a)  See  Nos.  453,  468,  479,  481,  501,  583. 


May  20, 1826.      No.  472.— AN  ACT  giving  the  right  of  pre-emption  of  a  certain  lot  of  land  to  Charles 
Vol.  6,  p.  348,  Xoble. 


Eight  of  pre-  Be  it  enacted,  #c.,  That  Charles  Noble  be,  and  he  is  hereby,  entitled  to 
mption  granted  a  preference,  in  becoming  the  purchasing  [purchaser]  at  private  sale,  of 
one  square  acre  of  land,  known  and  designated  as  the  <:  Wayne  Stock- 
ade," lying  and  being  in  the  southern  land  district  of  the  Territory  of 
Michigan,  and  bounded  as  follows,  to  wit :  in  the  front,  or  the  south,  by 
the  public  highway,  on  the  north  side  of  the  river  Raisin,  leading  up  and 
down  said  river,  and  on  the  east,  north,  and  west,  by  lands  patented  to 
Jacques  and  Francis  Laeselle,  upon  the  payment  of  forty  dollars  to  the 
receiver  of  public  moneys,  in  the  aforesaid  land  district,  and  on  the 
presentation  of  the  said  receiver's  receipt  for  that  amount  to  the  Secre- 
tary of  the  Treasury,  the  said  Charles  Noble,  or  his  legal  representatives, 
shall  be  entitled  to  a  patent  from  the  United  States. 


March  2,  1827.    No.  473.— AN  ACT  to  authorize  the  President  of  the  United  States  to  ascertain  and, 
Vol.  4,  p.  236.  designate  the  northern  boundary  of  the  State  of  Indiana. 


[See  INDIANA,  No.  245.] 


MICHIGAN. 

No.  474.-AN  ACT  to  confirm  certain  claims  to  lands  in  the  Territory  of  Michigan.     April  17, 1828. 

Vol.  4,  p.  i'GO. 

Be  it  enacted,  <fc.,  That  the  claims  purporting  to  be  confirmed,  or 
recommended  for  confirmation,  by  the  commissioners  appointed  to  carry 
into  effect  the  "Act  to  revive  the  powers  of  the  commissioners  for 


laims    pur- 


into  effect  the  "Act  to  revive  the  powers  of  the  commissioners  tor  ^^^j ^ ^ 
ascertaining  and  deciding  on  claims  to  lands  in,  and  for  settling  the  recommended  for 
claims  to  lands  at,  Green  Bay  and  Prairie  du  Chien,  in  the  Territory  of  confirmation, 
Michigan,"  passed  on  the  eleventh  day  of  May,  one  thousand  eight  hun-  "Fder  toe  act  of 
dred  and  twenty,  which  are  contained  in  volumes  two,  four,  and  five,  conjrmeti.  .  * 
be,  and  the  same  are,  confirmed. 

.SEC.  V5.  And  be  it  further  enacted,  That  the  claims  purporting  to  be  Claims  pur- 
conn'rmed,  or  recommended  for  confirmation,  by  the  commissioners  ap-  porting  to  be 
pointed  to  carry  into  effect  "An  act  to  revive  and  continue  in  force  cer-  eommSfdea°r  for 
tain  acts  for  the  adjustment  of  laud  claims  in  the  Territory  of  Michigan,"  confirmation 
passed  the  twenty-first  of  February,  one  thousand  eight  hundred  and  under  the  act  of 
twenty  three,  which  are  contained  in  volumes  one,  three,  six,  eight,  and  Feb.  21  1823, 
nine,  of  said  reports,  be,  and  the  same  ire  hereby,  confirmed. 

SEC.  3.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury,     Secretary    of 
under  the  direction  of  the  President  of  the  United  States,  be,  and  he  is  the  Treasury  au- 
hereby,  authorized  and  required,  as  soon  a  smay  be,  to  adopt  such  meas-  ^v"| Jfj  effect  to 
ores  as  may  be  necessary,^  to  give  full  effect  to  the  reports  of  the  com-  fhe     report8   Of 
missioners  which  are  enumerated  in  the  first  and  second  sections  of  this  the  commission- 
act:  Provided,  That  this  act  shall  not  be  so  construed  as  to  prejudice  ?rs    enumerated 
the  rights  of  third  persons,  or  to  impose  any  obligation,  on  the  part  of  sections  oftMs 
the  United  States,  to  make  payment,  or  give  other  lands,  to  any  claimant  actt 
who  may  be  deprived  of  his  possessions  by  operation  of  law ;  nor  shall    Proviso, 
the  confirmations  made  by  this  act  be  so  construed  as  to  extend  further 
than  to  a  relinquishment,  by  the  United  States,  of  all  interest  in,  and 
to,  said  lands,  nor  to  any  lands  occupied  by  the  United  States  for  mili- 
tary purposes. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the    Kegister  of  the 
register  of  the  land  office  at  Detroit,  to  issue  patent  certificates,  in  the  jan.<J  ofl™e  at  De- 
forms usual  in  similar  cases,  to  claimants  whose  claims  are  confirmed  certificates    to- 
by this  act,  upon  which  certificates,  if  legally  and  properly  obtained,  claimants, 
patents  shall  be  granted  by  the  Commissioner  of  the  General  Land  Office. 

SEC.  5.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury    Secretary  of  the 
be,  and  he  is  hereby,  authorized  and  required  to  pay  to  John  J.  Deming,  Treasury to  pay 
of  Detroit,  the  sum  of  thirty  dollars,  which  shall  be  in  full  for  his  serv-  J3°0nn  J>  D 
ices  in  preparing  and  publishing  maps  for  the  use  of  the  commissioners 
aforesaid. 

SEC.  6.  And  be  it  further  enacted,  That,  for  surveying  the  donation  Same  compen- 
rights  or  back  concessions  in  said  Territory,  heretofore  made  under  the  sation  per  mile, 
above-mentioned  acts  of  Congress,  and  not  paid  for,  and  also  for  such  the^ioth^ection 
surveys  as  may  be  necessary  to  carry  into  effect  the  provisions  of  this0f  theactof  Feb. 
act,  there  shall  be  paid,  out  of  any  money  in  the  Treasury  not  otherwise  8,  1827,  to  bepaid 
appropriated,  the  same  compensation  per  mile  as  is  allowed  by  the  tenth  for  surveying  the 
section  of  the  act  of  the  eighth  of  February,  one  thousand  eight  bun-  Qj11^^^  conces^ 
dred  and  twenty-seven,  entitled  "An  act  to  provide  for  the  confirmation  Si0ns  in  said  Ter- 
and  settlement  of  private  land  claims  in  East  Florida,  and  for  other  ritory. 
purposes,"  any  thing  in  any  act  to  the  contrary  notwithstanding,  (a) 

W  See  Nos.  197,  <54,  455,  457,  461,  464,  466,  514,  532. 


No.  475.—  AN  ACT  for  the  benefit  of  Mary  Ann  Bond,  and  Mary  Loveless.  April  17,  1828. 

Be  it  enacted,  #c.,  That  Mary  Ann  Bond,  and  Mary  Loveless,  daughters  >p'  _  1_ 

of  Hugh  Smith,  deceased,  be,  and  they  are  hereby,  authorized  to  enter,     Authorized  to 
and  obtain  patents  for,  four  hundred  acres  of  land  in  the  Territory  of  enjer  and  obtain 


Michigan,  without  making  payment  therefor:  Provided,  however,  That  £es  of  land  ia 
the  entry  or  entries  shall  be  made  on  such  land,  in  said  Territory,  as  has  Michigan. 
been  offered  for  sale,  and  is  now  subject  to  entry,  and  shall  be  made,  as    Proviso. 
to  three  hundred  and  twenty  acres  thereof,  in  a  half-section,  or  in  quar- 
ter-sections, and,  as  to  the  remaining  eighty  acres,  by  taking  one-half 
of  a  quarter-section  adjoining  said  entry,  running  the  lines  parallel  with. 
those  of  the  quarter-section,  or  half  -section  so  entered. 


200  MICHIGAN. 

May  24, 1828.     No.  476.— AN  ACT  authorizing  the  legislative  council  of  the  Territory  of  Michigan 
VoL  4,  p.  314.  to  take  charge  of  school  lands  in  said  Territory. 


Governor,  &c.,  Be  it  enacted,  $c.,  That  the  governor  and  legislative  council  of  the 
to  make  such  Territory  of  Michigan  be,  and  they  are  hereby,  authorized  to  make  such 
laws,  &c.,  asthey  jawg  and  needful  regulations,  as  they  shall  deem  most  expedient,  to  pro- 
dient,  to  protect tect  from  inJury  and  waste  section  numbered  sixteen,  in  said  Territory, 
from  injury,  &c.,  reserved  in  each  township,  for  the  support  of  schools  therein ;  and  to 
section  16,  re  provide,  by  law,  for  leasing  the  same,  for  any  term  not  exceeding  four 
3  years,  in  such  manner  as  to  render  them  productive,  and  most  conducive 
support  of  to  the  objects  for  which  they  were  designed,  (a) 

schools,  &c.  (a)  gee  Nos  45g)  493)  562)  586  . 


Jan.  13,  1830.     No.  477.— AN  ACT  to  authorize  the  exchange  of  certain  lots  of  land  between  the 
Vol.  4,  p.  370.  university  of  Michigan  Territory  and  Martin  Baum  and  others. 


Trustees  of  the     Be  it  enacted,  $c.,  That  the  trustees  of  the  university  of  Michigan  be, 
University    of  and  they  are  hereby,  authorized  to  exchange  with  Martin  Baum  and 
^ed^Txchan-e  otlier?> the  tracts  of  land  designated  as  river  lots,  numbered  one  and 
with  Martfntwo>  in  the  United  States'  reserve  of  twelve  miles  square,  on  the  Miami 
Baum    certain  of  Lake  Erie,  heretofore  purchased  from  the  United  States,  and  which, 
land,  for  certain  having  been  relinquished  by  the  said  Martin  Baum  under  the  provis- 
ions of  the  act  of  the  second  of  March,  one  thousand  eight  hundred  and 
twenty-one,  for  the  relief  of  the  purchasers  of  the  public  lands,  were 
afterwards  selected  by  the  Secretary  of  the  Treasury,  for  the  said  uni- 
versity, under  the  provisions  of  the  act  of  the  twentieth  of  May,  one 
thousand  eight  hundred  and  twenty-six,  entitled  "An  act  concerning  a 
seminary  of  learning  in  the  Territory  of  Michigan,"  for  such  other  lands 
President      of  as  may  be  agreed  upon  by  them ;  and  the  President  of  the  United  States, 
ates  to  UpOn  Deing  advised  by  the  said  trustees  that  such  exchange  has  been 
patents/6       '    ma<3e:  is  hereby  authorized  and  required  to  issue  patents  in  such  man- 
ner as  may  be  necessary  to  carry  this  act  into  full  effect,  (a) 

(a)  See  Nos.  196,  470,  489,  490,  493. 


April  23, 1830.    No.  478.-AN  ACT  for  the  relief  of  Gabriel  Godfrey  and  John  Baptiste  Beaugrand. 
Be  it  enacted,  $~c.,  That  the  President  of  the  United  States  be,  and  he 


Patent  for  land  is  hereby,  authorized  to  issue  a  patent  to  Gibriel  Godfrey  and  John  Bap- 
thenf  1S8ued  to  tiste  Beaugrand,  for  a  tract  of  two  hundred  and  twenty-five  acres,  sur- 
veyed for  them  under  an  act,  entitled  "An  act  regulating  the  grants  of 
land  in  the  Territory  of  Michigan,"  and  designated  on  the  plat  of  sur- 
vey of  the  United  States  reserve,  of  twelve  miles  square,  on  the  Maumee 
of  the  Lake,  as  number  five  hundred  and  ninety-five,  on  their  paying  to 
the  receiver  of  public  moneys  in  the  land  office  at  Detroit,  the  balance 
of  the  purchase  money  due  thereon,  without  interest,  and  with  the  usual 
.  discount,  at  any  time  within  one  year  after  the  passage  of  this  act: 

Provided,  The  said  tract  of  land  shall  not  have  been  sold  to  any  other 
person. 


May  28,  1830.  No.  479.— AN  ACT  relative  to  the  plan  of  Detroit,  in  Michigan  Territory. 

'p' ! Be  it  enacted,  $c.,  That  the  governor  and  judges  of  the  Territory  of 

Report  to  be  Michigan,  or  any  three  of  them,  are  hereby  required  to  make  a  report 

made,  of  the  plan  of  laying  out  the  town  of  Detroit,  under  and  by  virtue  of 

an  act,  entitled  "An  act  to  provide  for  the  adjustment  of  titles  of  land 
in  the  town  of  Detroit,  and  Territory  of  Michigan,  and  for  other  pur- 
poses," passed  the  twenty- first  April,  one  thousand  eight  hundred  and 
six ;  one  copy  of  which  shall,  on  or  before  the  first  day  of  January  next, 
be  deposited  and  recorded  in  the  office  of  the  secretary  of  the  Territory 
of  Michigan,  and  another  copy  transmitted  to  the  Secretary  of  State  of 
the  United  States,  to  be  by  him  laid  before  Congress,  (a) 

(a)  See  Nos.  453,  468.  471,  481.  501,  583. 


MICHIGAN.  201 

480.— AN  ACT  to  establish  a  land  office  in  the  Territory  of  Michigan,  and  for     Feb.  19, 1831. 
other  purposes.  Vol.  4,  p.  442. 

i  it  enacted,  #c.,  That  all  the  public  lands  to  which  the  Indian  title     Land    district 
been  extinguished,  lying  west  of  the  meridian  line,  in  the  Territory  established   in 
of  Michigan,  shall  constitute  a*new  land  district;  and,  for  the  sale  of  Michigan, 
the  public  lands  within  the  said  district  there  shall  be  a  land  office 
established  at  such  place  within  the  district,  as  the  President  of  the     President     to 
United  States  may  designate,  who  is  hereby  authorized  to  change  the  locate  the  office, 
location  of  such  office,  whenever,  in  his  opinion,  the  public  interest 
may  require  it. 

SEC.  2.  And  be  it  further  enacted,  That  the  land  office  now  established     Monroe     land 
at  Monroe,  shall  be  removed  to  the  place  designated  for  the  location  of  office  Amoved, 
this  office,  and  the  register  and  receiver  of  the  Monroe  land  office,  shall 
superintend  the  sales  of  public  lands  within  said  district,  who  shall 
give  security  in  the  same  manner,  in  the  same  sums,  and  whose  compen- 
sation, emoluments,  duties,  and  authorities,  shall,  in  every  respect,  be 
the  same,  in  relation  to  the  lands  which  shall  be  disposed  of  at  their 
office,  as  are  or  may  be  by  law  provided,  in  relation  to  the  registers  and 
receivers  of  public  moneys  in  the  several  offices  established  for  the  sale 
of  public  lands,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  all  the  public  lands  lying  east    Detroit  district 
of  the  meridian  line  in  the  Territory  aforesaid,  which  are  not  now  em-  extended, 
braced  in  the  district  of  Detroit,  be,  and  they  are  hereby,  attached 
thereto ;  and  it  shall  be  the  duty  of  the  register  and  receiver  of  the 
land  office  in  said  district  to  deposit  in  the  land  office  at  Detroit  all  the 
records,  books,  and  papers,  surveys,  &c.  which  pertain  to  said  land 
office  at  Monroe,  which  shall  be  kept  by  the  register  and  receiver  of  the 
Ian  4  office  at  Detroit,  as  a  part  of  the  records  of  said  office. 

SEC.  4.  And  be  it  further  enacted,  That  all  such  public  lands  as  shall  Lands  to  be 
have  been  offered  for  sale  to  the  highest  bidder  at  Monroe  or  Detroit,  entered  and  sold 
pursuant  to  any  proclamation  of  the  President  of  the  United  States,  and 
which  are  embraced  within  the  provisions  of  this  act,  and  which  lands 
remain  unsold  at  the  taking  effect  of  this  act,  shall  be  subject  to  be 
entered  and  sold  at  private  sale,  by  the  registers  of  the  land  offices  to 
which  they  are  hereby  attached ;  and  all  provisions  of  law  applicable 
to  the  public  lands,  to  which  this  act  applies,  shall  continue  in  full  force 

and  effect.  (&) 

******* 

(a)  See  Nos.  196,  197,  455,  465,  467,  469,  484,  486,  490a,  503,  515,  522,  525a,  529,  536. 
(6)  See  Nos.  85,  197,  455,  467,  503,  515.  526,  535,  574,  575,  583,  584. 


No.  481. — AN  ACT  making  provisions  for  the  sale  and  disposition  of  the  public     June  28,  1832. 
grounds  in  the  cities  of  St.  Augustine  and  Pensacola,  and  to  reserve  certain  lots     Vol.  4,  p.  550. 
and  buildings  for  public  purposes,  and  to  provide  for  their  repair  and  preservation.  — 


SEC.  5.  And  be  it  further  enacted,  That  the  President  of  the  United  Part  of  certain 
States  is  hereby  authorized  to  dispose  of  such  part  of  the  military  military  reserva- 
reservations  in  the  city  of  Detroit,  and  upon  the  river  Rouge,  in  the  a^dthe° TH-O ceeds 
Territory  of  Michigan,  as  in  his  opinion  may  not  be  wanted  for  the  to  be  vested  in 
public  service,  and  to  vest  the  proceeds  in  the  purchase  or  erection  of  a  the  purchase  or 
store-house  and  wharf  in  the  said  city  of  Detroit,  and  in  the  erection  erection  of  a 
of  an  arsenal  in  the  vicinity  thereof,  either  upon  the  public  lands  or  Llarf  6and ^rse' 
upon  a  site  to  be  procured  for  that  purpose,  (a)  nal.  ' 

(a)  See  Nos.  453,  468,  471,  479, 501, 583. 

No.  482 — AN  ACT  for  the  relief  of  John  Anderson,  assignee  of  Jean  B.  Jerome     July  10-  1832- 
and  George  McDougall.  Vol.  6,  p.  506. 

Be  it  enacted,  #c.,  That  the  surveyor-general  of  Ohio,  Indiana,  and     Survey    of    a 
Michigan,  under  the  direction  of  the  Secretary  of  the  Treasury,  shall,  certain  tract  of 
as  soon  as  practicable,  survey,  or  cause  to  be  surveyed,  a  certain  tract land  directed, 
of  land  confirmed  by  the  board  of  commissioners,  appointed  by  virtue 
of  an  act  of  Congress,  entitled  "An  act  to  revive  the  powers  of  the 
commissioners  for  ascertaining  and  deciding  on  claims  to  land  in  the 
district  of  Detroit,  and  for  settling  the  claims  to  lands  at  Green  Bay, 
&c.,"  approved  May  the  eleventh,  one  thousand  eight  hundred  and 
twenty,  to  George  McDougall,  as  will  more  fully  appear  by  reference  to 
the  fourth  volume  of  the  reports  of  said  commissioners,  made  in  one 
thousand  eight  hundred  and  twenty-four,  and  confirmed  by  act  of  Con- 


202  MICHIGAN. 

gress  of  the  second  of  January  [seventeenth  of  April],  one 
eight  hundred  and  twenty-eight ;  and  also,  one  other  tract  of  land  con- 
firmed by  the  commissioners  aforesaid,  to  Jean  B.  Jerome,  as  will  more 
fully  appear  by  reference  to  the  fifth  volume  of  the  reports  of  said 
commissioners,  made  in  one  thousand  eight  hundred  and  twenty-four, 
and  confirmed  as  aforesaid,  by  act  of  Congress,  of  second  January 
[seventeenth  of  April],  one  thousand  eight  hundred  and  twenty-eight ; 
and  shall  return  to  the  register  of  the  land  office  of  the  district  wherein 
such  lands  lie,  an  accurate  plat  of  such  survey,  exhibiting  such  portions 
of  laud  lying  within  the  exterior  lines  of  the  aforesaid  claims  as  have 
been  disposed  of  by  the  Government;  such  (if  any)  as  have  been  pat- 
ented for  the  benefit  of  one  or  either  of  the  aforesaid  claimants,  and 
those  still  belonging  to  the  Government. 

Certificate    to     SEC.  2.  And  be  it  further  enacted,  That  the  register  of  the  laud  office 
issue  for  all  such  aforesaid  shall  forthwith  issue  to  John  Anderson,  of  Monroe,  Michigan 
lah^h  &a'teUPtsTerritorF  (as8iSnee  ot  Jean  B-  Jerome  and  George  McDongall)  his  heirs 
shall  issue,  &c.     or  assigns,  a  patent  certificate  for  all  such  lands,  within  the  exterior 
lines  of  the  tracts  aforesaid,  as  now  belong  to  the  Government,  upon 
which  patents  shall  issue  to  the  aforesaid  John  Anderson,  his  heirs,  and 
Authorized  to  assigns.    And  for  the  purpose  of  carrying  into  full  effect  the  lecoui- 
enter  land,    not  mendations  of  the  commissioners  aforesaid,  the  said  John  Anderson 
exc  eeding  840  shall  be  entitled,  and  is  hereby  authorized,  as  soon  as  the  return  of  the 
surveys  aforesaid  shall  have  been  made  to  the  register's  office,  to  enter 
a  quantity  of  land  upon  any  of  the  United  States'  lands  which  have 
been  surveyed  and  offered  for  sale  in  the  Territory  of  Michigan  accord- 
to  the  legal  subdivisions  of  the  United  States'  lauds,  which  when  added 
to  the  quantity  which  the  Government  either  have  patented,  or  may  be 
able  to  patent  to  him,  within  the  limits  of  the  original  claims,  sh^ll 
equal  the  entire  quantity  recommended  by  the  commissioners  aforesaid, 
not  exceeding  in  the  whole  eight  hundred  and  forty  acres. 

If,  in  locating,  SEC.  3.  And  be  it  further  enacted,  That,  if  in  locating  the  aforesaid 
&c.,  he  shall  be  residuum  according  to  the  legal  subdivisions  of  the  United  States'  lands, 
entitled,  &c.,  the  the  said  John  Anderson  shall  be  entitled  to  any  number  of  acres  less 
Saining  quantity than  the  l°west  subdivisions  of  the  public  lands,  he  shall  then  be  enti- 
may  be  applie.!,  tied  to  apply  the  price  of  such  remaining  quantity  in  payment  towards 
&c.  any  other  tract  which  he  or  his  heirs  or  assigns,  may  afterwards  choose 

to  purchase  of  the  Government. 


Jnly  14,  1832.          No.  483.— AN  ACT  for  the  relief  of  William  Hoffman,  a  Canadian  volunteer. 

Vol.  6,  p.  525.        £e  a  enacted,  <fc.,  That  the  Secretary  of  War  cause  to  be  issued  to 

"Military  boun-  William  Hoffman,  of  the  county  of  Erie,  in  the  State  of  New  York,  a 

ty-land   warrant  warrant  for  one  hundred  and  sixty  acres  of  bounty  land,  to  which  he 

to  issue.  was  entitled  under  the  act  of  the  fifth  of  March,  one  thousand  eight 

hundred  and  sixteen,  entitled  "An  act  granting  bounties  in  land  and 

extra  pay  to  certain  Canadian  volunteers,"  in  addition  to  one  hundred 

and  sixty  acres  heretofore  received  pursuant  to  said  act ;  to  be  located 

in  legal  subdivisions,  on  any  of  the  public  lands  of  the  United  States  in 

the  Territory  of  Michigan,  which  have  been  offered  at  public  sale,  and 

are  now  subject  to  entry  at  private  sale. 


Jan.  30,  1833.  No.  484.— AN  ACT  to  establish  a  land  office  in  the  Territory  of  Michigan. 

Vol.  4,  p.  610          Be  it  enacted,  <jrc.,  That  all  that  part  of  the  Territory  of  Michigan, 

Land    district wnicn  is  comprehended  within  the  following  boundaries,  shall,  from 
established.          an(l  after  the  passage  of  this  act,  constitute  one  land  district  for  the 

Boundaries.  sale  and  entry  of  the  public  lands,  viz :  lying  between  the  third  and 
fourth  ranges  of  townships  south  of  the  base  line  and  east  of  the  prin- 
cipal meridian,  except  so  much  thereof  as  lies  north  of  the  river  Huron, 
of  Lake  Erie;  and  also,  the  first,  second,  third,  fourth,  fifth,  and  sixth 
ranges  of  townships  south  of  said  base  line,  and  west  of  said  principal 

Land  office.  meridian.  And  there  is  hereby  established  a  land  office  within  the  same, 
to  be  located  at  such  place  as  the  President,  in  his  discretion,  shall  think 
proper  to  designate. 

Register     and     SEC.  2-  ^n^  ^e  **  further  enacted,  That  there  shall  be  appointed  by 
receiver.  the  President,  by  and  with  the  advice  and  consent  of  the  Senate,  under 

the  existing  laws,  a  register  and  receiver  in  and  for  said  district,  whose 
compensation  shall  be  the  same  as  provided  for  other  registers  and  re- 
ceivers, (a) 

(a)  See  Nos.  196,  197,  455,  465,  467,  469,  480,  486,  490a,  503,  515,  522,  525a,  529,  536. 


MICHIGAN.  20$ 


No.  485.— AN  ACT  for  the  relief  of  Joel  Thomas.  Feb.  5, 1833. 

Be  it  enacted,  <f  c..  That  Joel  Thomas,  an  inhabitant  of  the  town  of- 


j 

Pekin,  in  the  Territory  of  Michigan,  be,  and  he  is  hereby,  confirmed  in  Land  claim 
his  claim  to  a  certain  lot  of  land  of  six  hundred  and  forty  acres,  bounded  co:  ttrmed- 
and  described  as  follows,  viz:  in  front,  on  the  north,  by  the  river 
Rouge;  on  the  west,  by  a  tract  of  land  purchased  from  the  United 
States  by  Henry  McGee ;  on  the  south,  by  lands  belonging  to  the  United 
States;  and,  on  the  east,  by  lands  claimed  by  James  Cisne;  the  same 
being  in  the  township  of  Pekin,  in  the  Detroit  land  district,  having  been 
occupied,  originally,  by  John  Reynolds,  and  subsequently,  by  the  said 
Thomas,  as  assignee  of  Reynolds,  from  one  thousand  seven  hundred 
and  ninety-five,  to  the  year  one  thousand  eight  hundred  and  thirty-one: 
Provided,  This  confirmation  shall  only  amount  to  a  relinquishment  on  Proviso, 
the  part  of  the  United  States,  and  shall  not  affect  the  rights  of  any  third 
person;  And  provided  also,  That  if  the  tract  of  land  hereby  confirmed  Proviso, 
to  the  above-named  Joel  Thomas,  or  any  part  thereof,  should  be  found 
to  conflict  with  the  location  of  an  arsenal  of  the  United  States ;  selected 
under  an  act  of  Congress,  passed  on  the  twenty-eighth  day  of  June,  one 
thousand  eight  hundred  and  thirty -two,  then,  and  in  that  case,  the  said 
Joel  Thomas  be,  and  he  is  hereby,  authorized  to  locate  such  part  of  said 
tract  of  land  as  may  be  found  to  so  conflict  with  said  arsenal,  on  any  of 
the  lands  of  the  United  States  in  the  Territory  of  Michigan,  according 
to  legal  subdivisions. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  surveyor-general,  under    Survey  to   b» 
the  direction  of  the  Secretary  of  the  Treasury,  shall  cause  the  said  tract  made. 
of  laud  to  be  surveyed,  at  the  expense  of  the  claimant ;  a  plat  of  which      . 
shall  be  returned  as  in  other  cases ;  and  a  patent  therefor  shall  be  granted 
in  the  manner  prescribed  by  law. 


No.  486.— AN  ACT  to  change  the  boundary  between  the  southeastern  and  the      june  05  1834 
western  land  districts  in  the  Territory  of  Michigan,  and  for  other  purposes.  Vol  4  p  682* 

Be  it  enacted,  $-c.,  That  all  the  public  lands  of  the  United  States  with-  r  t  •  j  ds 
in  the  limits  of  the  counties  of  Calhoun  and  Branch,  in  the  Territory  of  to  form  part  of 
Michigan,  which  are  now  subject  to  sale  at  the  land  office  at  Monroe,  the  western,  and 
shall,  from  and  after  the  passage  of  this  act,  be  set  off  to,  and  form  a  others  °f  « 
part  of,  the  western  land  district  in  said  Territory ;  and  all  that  part  of 
said  Territory  lying  east  of  the  aforesaid  counties,  and  south  of  the  base 
line,  and  west  of  the  principal  meridian,  and,  also,  all  the  country  east 
of  the  principal  meridian  and  south  of  the  line  between  townships  num- 
bered three  and  four  south,  except  so  much  thereof  as  lies  north  of  the 
river  Huron  of  Lake  Erie,  shall  continue  to  belong  to,  and  form  a  part 
of,  the  southeastern  land  district  in  said  Territory,  the  land  office  for 
which  is  now  located  at  Monroe,  but  shall  be  subject  to  be  removed  from 
time  to  time  to  such  place  as  the  President  of  the  United  States  may 
order  and  direct,  (a) 

(a)  See  Nos.  196,  197,  455,  465,  467,  469,  480,  484,  490a,  503,  515,  522,  525a,  529,  536. 


No.  487.— AN  ACT  to  attach  the  territory  of  the  United  States  west  of  the  Missis-     June  28,  1834. 
sippi  River,  and  north  of  the  State  of  Missouri,  to  the  Territory  of  Michigan.  Vol.  4,  p.  701. 


Be  it  enacted,  #c.,  That  all  that  part  of  the  territory  of  the  United  States    Territory  made 
bounded  on  the  east  by  the  Mississippi  River,  on  the  south  by  the  State  part   of   'Michi- 
of  Missouri,  and  a  line  drawn  due  west  from  the  northwest  corner  of  fja°'.,ar     tne  in; 
said  State  to  the  Missouri  River;  on  the  southwest  and  west  by  the  Mis-  Sed  to  its  llws 
souri  River  and  the  White  Earth  River,  falling  into  the  same ;  and  on  the  &c. 
north,  by  the  northern  boundary  of  the  United  States,  shall  be,  and  here- 
by is,  for  the  purpose  of  temporary  government,  attached  to,  and  made 
a  part  of ,  the  Territory  of  Michigan,  and  the  inhabitants  therein  shall 
be  entitled  to  the  same  privileges  and  immunities,  and  be  subject  to  the 
same  laws,  rules,  and  regulations,  in  all  respects,  as  the  other  citizens  of 
Michigan  Territory,  (a) 

(a)  See  Nos.  451,  459,  462,  473,  491,  492,  497,  498,  499,  511,  512. 


204  MICHIGAN. 

March  3, 1835.    No.  488.— AX  ACT  granting  to  the  borough  of  Michillimakinac,  certain  grounds 
Vol.  6,  p.  607.  for  public  purposes.  . 


A  lot  of  eight     Be  it  enacted,  $-c.,  That  there  be,  ajid  there  is  hereby,  granted  to  the 
acres  granted  for  corporation  of  the  borough  of  Michillimakinac,  for  public  purposes  ex- 
public  purposes.  Ciu8ively,  a  lot  of  ground,  containing  by  estimation  eight  acres,  hereto- 
fore used  as  a  common,  by  the  inhabitants  of  said  borough*,  lying  be- 
tween a  lot  of  land  the  property  of  Doctor  David  Mitchell,  and  another 
lot  of  land,  the  property  of  the  heirs  of  Ezekiel  Solomon,  deceased. 


March  3, 1835.    No.  489.— AN  ACT  to  authorize  the  sale  of  certain  lands  belonging  to  the  Univer- 
Vol.  6,  p.  615.  sity  of  Michigan. 


Trustees     an-     Be  it  enacted,  #c.,  That  William  Woodbridge,  John  Biddle,  and  the 
thorized  to  sell  governor  of  the  Territory  of  Michigan,  trustees  of  the  university  of 


:-« «".  „  ,  — -  following 

tracts  of  land  belonging  to  said  university,  and  lying  near  Toledo,  on 
the  Maumee  River  of  Lake  Erie,  to  wit:  tracts  number  three  and  four, 
the  southwest  quarter  of  section  number  two,  and  the  west  half  of  sec- 
tion number  three,  in  township  number  three  within  the  "  twelve-mile 
reservation,"  at  the  foot  of  the  rapids  of  the  said  Mauinee  River ;  and 
the  said  trustees  are  hereby  authorized  to  make  good  and  sufficient  con- 
veyance of  said  lands ;  and  the  product  arising  from  the  sale  thereof 
shall  be  considered,  and  shall  constitute  a  part  of  the  general  fund 
appropriated  for  the  benefit  of  the  University  of  Michigan,  (a) 

(a)  See  Xos.  196,  470,  477,  490,  493. 


March  22, 1836.  No.  490. — AX  ACT  to  authorize  the  conveyance  of  certain  lands  belonging  to  the 
Vol.  6,  p.  628.  University  of  Michigan. 


Trustees  may  Be  it  enacted,  $-c.,  That  the  trustees  of  the  University  of  Michigan, 
convey  certain  be  and  they  are  hereby  authorized,  to  convey  to  William  Oliver,  by  a 
deed  signed  by  the  president,  and  countersigned  by  the  secretary  of 
said  board  of  trustees,  the  following  tracts  of  land,  lying  near  Toledo, 
on  the  Miami  of  the  Lake,  to  wit,  tracts  numbered  three  and  four,  and 
the  southwest  quarter  of  section  number  two,  and  the  west  half  of  sec- 
tion number  three,  in  township  number  three,  within  the  twelve-mile 
reservation  at  the  foot  of  the  rapids  of  the  said  Miami  River,  pursuant 
to  a  contract  entered  into  between  the  said  trustees,  and  the  said  Will- 
iam Oliver,  on  the  twenty-fourth  and  twenty-fifth  days  of  October, 
anno  Domini,  eighteen  hundred  and  thirty-four. 

Act  of  March     SEC.  2.  And  le  it  further  enacted,  That  the  act  entitled  An  act  to  au- 
3, 1835,  repealed,   thorize  the  sale  of  certain  lands  belonging  to  the  University  of  Michi- 
gan, approved  March  third,  eighteen  hundred  and  thirty-five,  be,  and 
the  same  is  hereby,  repealed:  Provided,  That  the  product  arising  from 
the  sale  of  said  land,  shall  be  considered,  and  shall  constitute  a  part  of 
the  general  fund  appropriated  for  the  University  of  Michigan,  (a) 
(a)  See  Xos.  196,  470,  477,  489,  493. 


June  15,1836.     No.  490a.— &.X  ACT  to  divide  the  Green  Bay  land  district  in  Michigan,  and  for 
Vol.  5,  p.  48.  other  purposes. 


Division    how      Be  it  enacted,  $-c.t  That  the  country  on  the  western  shore  of  Lake 
made.  Michigan,  embraced  within  the  limits  of  the  Green  Bay  land  district, 

as  established  by  the  act  of  Congress,  of  the  twenty  sixth^day  of  June, 
eighteen  hundred  and  thirty-four,  shall  be,  and  is  hereby, 'divided  by  a 
line  commencing  on  the  western  boundary  of  said  district,  and  running 
thence,  east,  between  townships  ten  and  eleven  north,  to  the  line  be- 
tween ranges  seventeen  and  eighteen,  east;  thence  north,  between  said 
ranges  of  townships,  to  the  line  between  townships  twelve  and  thirteen 
north;  thence  east,  between  said  townships  twelve  and  thirteen,  to 
Lake  Michigan  ;  and  all  the  country  bounded  north  by  the  division  line 
here  described,  south  by  the  base  line,  east  by  Lake  Michigan,  and  west 
by  the  division  line  between  ranges  eight  and  nine  east,  shall  consti- 
tnte  a  separate  district,  and  be  called  the  Milwaukie  land  district. 


MICHIGAN.  205 

SEC.  2.  And  be  it  further  enacted,  That  two  additional  districts  shall  be,  Two  additional 
and  are  hereby  established  in  the  peninsula  of  Michigan,  one  to  be  called  {yLSSBSS  to 
the  Grand  River,  and  the  other  the  Saginaw,  land  district,  the  former  De 
of  which  shall  be  bounded  as  follows,  to  wit :  beginning  at  the  shore 
of  Lake  Michigan,  on  the  line  between  townships  three  and  four  north, 
and  running  east  on  said  line  to  the  line  between  ranges  number  six 
and  seven  west  of  the  principal  meridian ;  thence,  on  said  range  line 
south,  to  the  base  line  of  the  public  surveys ;  thence,  on  said  base  line 
east,  to  the  principal  meridian  line ;  thence  north,  on  said  meridian,  to 
the  north  boundary  of  township  ten  north ;  thence  west,  on  the  line 
between  townships  ten  and  eleven  north,  to  the  western  boundary  of 
range  two  west ;  and  thence  north,  following  the  line  between  ranges 
two  and  three  west,  so  as  to  include  all  that  portion  of  the  peninsula 
of  Michigan  lying  west  of  said  line.  The  Saginaw  district  shall  em- 
brace all  the  tract  of  country  bounded  on  the  west  by  the  Grand  River 
district  aforesaid  ;  on  the  south,  by  the  division  line,  between  townships 
number  five  and  six,  north  of  the  base  line ;  on  the  east  by  the  division 
line,  between  ranges  eleven  and  twelve,  east  of  the  principal  meridian; 
and  on  the  north  and  northeast  by  Saginaw  Bay  and  Lake  Huron,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  for  each  of  all  the  aforesaid     Registers   and 
districts  there  shall  be  appointed  a  register  and  receiver,  who  shall  a^» p1o1!n t ed  in 
reside  and  superintend  the  sales  of  the  public  lands  at  such  place,  in  ea<jh. 
each  respective  district,  as  the  President  of  the  United  States  may  des- 
ignate.   They  shall  give  security  in  the  same  manner  and  in  the  same 
sums,  and  their  compensation,  emoluments,  duty,  and  authority,  shall, 
in  every  respect,  be  the  same,  in  relation  to  the  lands  which  maybe  dis- 
posed of  at  their  offices,  as  are,  or  may  be,  provided  by  law  relative  to 
the  registers  and  receivers  of  public  money  in  the  several  offices  es- 
tablished for  the  sale  of  the  public  lands. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Secre-    Proper     plata 
tary  of  the  Treasury,  as  soon  as  the  same  can  be  done,  to  cause  the  proper  and  surveys    to 
plats  of  the  surveys  of  the  said  districts  to  be  deposited  in  the  land  J^e  jjjjjf  offices111 
offices  intended  for  them,  respectively  ;  and  ho  is  hereby  authorized  to 
allow  and  pay  out  of  the  proceeds  of  the  sales  of  the  public  lands  the 
reasonable  expenses  which  may  be  incurred  in  carrying  into  effect  the 
provisions  of  this  act. 

SEC.  5.  And  ~be  it  further  enacted,  That  the  lands  which  were  ceded  to    Certain    ceded 
the  United  States  by  the  treaty  made  with  the  confederated  tribes  of  Jands   to  be  »*• 
Sac  and  Fox  Indians  at  Fort  Armstrong,  in  the  State  of  Illinois,  on  the  Wisconsin    land 
twenty-first  day  of  September,  eighteen  hundred  and  thirty-two,  be,  district. 
and  the  same  are  hereby,  attached  to,  and  made  a  part  of,  the  Wisconsin 
land  district,  in  the  Territory  of  Michigan  j  and  that  said  lands  shall 
be  liable  to  be  surveyed  and  sold  at  Mineral  Point,  or  wherever  the 
President  may  direct,  in  the  same  manner  as  other  public  lands  of  the 
district. 

SEC.  6.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and     Act  to  take  ef- 
be  in  force  from  and  after  the  first  day  of  August  next.  fect  on  the  1st  of 

August,  1836. 

(a)  See  Nos.  196,  197,  456,  465,  467,  469,  480,  484,  486,  503,  515,  522,  525a,  529,  536. 


No.  491.— AN  ACT  to  establish  the  northern  boundary  line  of  the  State  of  Ohio,     June  15, 1836. 
and  to  provide  for  the  admission  of  the  State  of  Michigan  into  the  Union  upon  the     Vol.  5,  p.  49. 
conditions  therein  expressed. 


Be  it  enacted,  $-c.,  That  the  northern  boundary  line  of  the  State  of    Northern 
Ohio  shall  be  established  at,  and  shall  be  a  direct  line  drawn  from  the  boundary  line, 
southern  extremity  of  Lake  Michigan,  to  the  most  northerly  cape  of 
the  Maumee  (Miami)  Bay,  after  that  line,  so  drawn,  shall  intersect  the 
eastern  boundary  line  of  the  State  of  Indiana  j  and  from  the  said  north 
cape  of  the  said  bay,  northeast  to  the  boundary  line  between  the  United 
States  and  the  province  of  Upper  Canada,  in  Lake  Erie ;  and  thence, 
with  the  said  last-mentioned  'line,  to  its  intersection  with  the  western 
line  of  the  State  of  Pennsylvania. 

SEC.  2.  And  be  it  further  enacted,  That  the  constitution  and  State  gov-    Constitution- 
eminent  which  the  people  of  Michigan  have  formed  for  themselves  be,  accepted, 
and  the  same  is  hereby,  accepted,  ratified,  and  confirmed ;  and  that  the 
said  State  of  Michigan  shall  be,  and  is  hereby,  declared  to  be  one  of  the 
United  States  of  America,  and  is  hereby  admitted  into  the  Union  upon 
an  equal  footing  with  the  original  States,  in  all  respects  whatsoever : 
Provided  always,  And  this  admission  is  upon  the  express  condition,  that     Proviso. 


206  MICHIGAN. 

the  said  State  shall  consist  of  and  have  jurisdiction  over  all  the  territory 
included  within  the  following  boundaries,  and  over  none  other,  to  wit : 
Beginning  at  the  point  where  the  above-described  northern  boundary  of 
the  State  of  Ohio  intersects  the  eastern  boundary  of  the  State  of  Indiana, 
and  running  thence  with  the  said  boundary  line  of  Ohio,  as  described 
in  the  first  section  of  this  act,  until  it  intersects  the  boundary  line 
between  the  United  States  and  Canada,  in  Lake  Erie ;  thence,  with  the 
said  boundary  line  between  the  United  States  and  Canada  through  the 
Detroit  River,  Lake  Huron,  and  Lake  Superior,  to  a  point  where  the 
said  line  last  touches  Lake  Superior;  thence,  in  a  direct  line  through 
Lake  Superior,  to  the  mouth  of  the  Montreal  River  ;  thence  through  the 
middle  of  the  main  channel  of  the  said  river  Montreal,  to  the  middle 
of  the  Lake  of  the  Desert ;  thence,  in  a  direct  line  to  the  nearest  head 
water  of  the  Menomonie  River  ;  thence,  through  the  middle  of  that  fork 
of  the  said  river  first  touched  by  the  said  line,  to  the  main  channel  of 
the  said  Menomonie  River ;  thence,  down  the  centre  of  the  main  channel 
of  the  same,  to  the  centre  of  the  most  usual  ship  channel  of  the  Green 
Bay  of  Lake  Michigan  ;  thence,  through  the  centre  of  the  most  usual 
ship  channel  of  the  said  bay  to  the  middle  of  Lake  Michigan ;  thence, 
through  the  middle  of  Lake  Michigan,  to  the  northern  boundary  of  the 
State  of  Indiana,  as  that  line  was  established  by  the  act  of  Congress  of 
the  nineteenth  of  April,  eighteen  hundred  and  sixteen  ;  thence,  due 
east,  with  the  north  boundary  line  of  the  said  State  of  Indiana,  to  the 
northeast  corner  thereof ;  and  thence,  south,  with  the  east  boundary  line 
of  Indiana,  to  the  place  of  beginning. 

The  boundary  SEC.  3.  And  be  it  further  enacted,  That,  as  a  compliance  with  the 
to  receive  the  as-  fundamental  condition  of  admission  contained  in  the  last  preceding  sec- 
sent  of  a  conven-  tion  of  thi3  ^  the  boundaries  of  the  said  State  of  Michigan,  as  in  that 
section  described,  declared,  and  established,  shall  receive  the  assent  of 
a  convention  of  delegates  elected  by  the  people  of  the  said  State,  for  the ' 
sole  purpose  of  giving  the  assent  herein  required  ;  and  as  soon  as  the 
assent  herein  required  shall  be  given,  the  President  of  the  United  States 
shall  announce  the  same  by  proclamation ;  and  thereupon,  and  without 
any  further  proceeding  on  the  part  of  Congress,  the  admission  of  the 
said  State  into  the  Union,  as  one  of  the  United  States  of  America,  on 
an  equal  footing  with  the  original  States  in  all  respects  whatever,  shall 
he  considered  as  complete,  and  the  Senators  and  Representatives  who 
have  been  elected  by  the  said  State  as  its  representatives  in  the  Con- 
gress of  the  United  States,  shall  be  entitled  to  take  their  seats  in  the 
Senate  and  House  of  Representatives  respectively,  without  further  de- 
lay, (a) 

Yacantandun-  SEC.  4.  And  be  it  further  enacted,  That  nothing  in  this  act  contained, 
sold  lands  re-  or  in  the  admission  of  the  said  State  into  the  Union  as  one  of  the  United 
J61?6^  to  the  States  of  America  upon  an  equal  footing  with  the  original  States  in  all 
respects  whatever,  shall  be  so  construed  or  understood  as  to  confer  upon 
the  people,  legislature,  or  other  authorities  of  the  said  State  of  Michi- 
gan, any  authority  or  right  to  interfere  with  the  sale  by  the  United 
States,  and  under  their  authority,  of  the  vacant  and  unsold  lands  within 
the  limits  of  the  said  State,  but  that  the  subject  of  the  public  lands, 
and  the  interests  which  may  be  given  to  the  said  State  therein,  shall  be 
regulated  by  future  action  between  Congress,  on  the  part  of  the  United 
States,  and  the  said  State,  or  the  authorities  thereof.  And  the  said 
State  of  Michigan  shall  in  no  case  and  under  no  pretence  whatsoever, 
impose  any  tax,  assessment  or  imposition  of  any  description  upon  any 
of  the  lands  of  the  United  States  within  its  limits.  (6) 

(a)  See  Xos.  451,  459,  462,  473,  487,  492,  497,  498,  499,  511,  512. 
(6)  See  Xo.  493. 


June  23,  1836.     No.  492.— AX  ACT  to  settle  and  establish  the  northern  boundary  line  of  the  State 
Vol.  5,  p.  56.  of  Ohio. 

[.See  OHIO,  No.  142.] 


June  23,  1836.     No.  493.—  AN  ACT  supplementary  to  the  act  entitled  "An  act  to  establish  the 
Vol.  5,  p.  59.  northern  boundary  line  of  the  State  of  Ohio,  and  to  provide  for  the  admission  of 

the  State  of  Michigan  into  the  Union  on  certain  conditions." 

Propositions     Be  It  enacted,  $c.,  That  in  lieu  of  the  propositions  submitted  to  the 
f°r  f  J£e  Congress  of  the  United  States  by  an  ordinance  passed  by  the  conven- 


of  tion  of  delegates  at  Detroit,  assembled  for  the  purpose  of  making  a 
Michigan.  constitution  for  the  State  of  Michigan,  which  are  hereby  rejected;  and 


207 


R  MICHIGAN, 

t  the  following  propositions  be,  and  the  same  are  hereby  offered  to 
the  legislature  of  the  State  of  Michigan,  for  their  acceptance  or  rejec- 
tion, which  if  accepted,  under  the  authority  conferred  on  the  said  legis- 
lature by  the  convention  which  framed  the  constitution  of  the  said 
State,  shall  be  obligatory  upon  the  United  States. 

First.  That  section  numbered  sixteen  in  every  township  of  the  public     Sections  of 
lands,  and  where  such  section  has  been  sold  or  otherwise  disposed  of,  land  for  schools, 
other  lands  equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be 
granted  to  the  State  for  the  use  of  schools,  (a) 

Second.  That  the  seventy-two  sections  of  land  set  apart  and  reserved     Sections  of 
for  the  use  and  support  of  a  university  by  an  act  of  Congress  approved  land  for  nniver 
on  the  twentieth  day  of  May,  eighteen  hundred  and  twenty-six,  entitled  81ty- 
"An  act  concerning  a  seminary  of  learning  in  the  Territory  of  Michi- 
gan," are  hereby  granted  and  conveyed  to  the  State,  to  be  appropriated 
solely  to  the  use  and  support  of  such  university,  in  such  manner  as  the 
legislature  may  prescribe  ;  And  provided,  also,  That  nothing  herein  con-     Proviso, 
tamed  shall  be  so  construed  as  to  impair  or  affect  in  any  way  the  rights 
of  any  person  or  persons  claiming  any  of  said  seventy-two  sections  of 
lands,  under  contract  or  grant  from  said  university.  (&) 

Third.  That  five  entire  sections  of  land,  to  be  selected  and  located     Erection  of 
under  the  direction  of  the  legislature,  in  legal  divisions  of  not  less  than  public  buildings, 
one  quarter- section,  from  any  of  the  unappropriated  lands  belonging 
to  the  United  States  within  the  said  State,  are  hereby  granted  to  the 
State  for  the  purpose  of  completing  the  public  buildings  of  the  said 
State,  or  for  the  erection  of  public  buildings  at  the  seat  of  government 
of  the  said  State,  as  the  legislature  may  determine  and  direct. 

Fourth.  That  all  salt  springs  within  the  State,  not  exceeding  twelve     Salt  springs, 
in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous  as  may 
be  to  each,  shall  be  granted  to  the  said  State  for  its  use,  the  same  t9  be 
selected  by  the  legislature  thereof,  on  or  before  the  first  of  January, 
eighteen  hundred  and  forty ;  and  the  same,  when  so  selected,  to  be 
used  on  such  terms,  conditions,  and  regulations,  as  the  legislature  of 
the  said  State  shall  direct :  Provided,  That  no  salt  spring,  the  right     Proviso, 
•whereof  is  now  vested  in  any  individual  or  individuals,  or  which  may 
hereafter  be  confirmed  or  adjudged  to  any  individual  or  individuals, 
shall,  by  this  section,  be  granted  to  said  State :  And  provided,  also,  That     Proviso, 
the  general  assembly  shall  never  sell  or  lease  the  same,  at  any  one  time, 
for  a  longer  period  than  ten  years,  without  the  consent  of  Congress,  (c) 

Fifth.  That  five  per  cent,  of  the  nett  proceeds  of  the  sales  of  all  pub- 
lic lands  lying  within  the  said  State,  which  have  been  or  shall  be  sold  Y^0-^  lie^  to 
by  Congress,  from  and  alter  the  first  day  of  July,  eighteen  hundred  and  r°ads  aml  canals, 
thirty-six,  after  deducting  all  the  expenses  incident  to  the  same,  shall 
be  appropriated ,  for  making  public  roads  and  canals  within  the  said 
State,  as  the  legislature  may  direct :  Provided,  That  the  five  foregoing  Proviso, 
propositions  herein  offered,  are  on  the  condition  that  the  legislature  of 
the  said  State,  by  virtue  of  the  powers  conferred  upon  it  by  the  con- 
vention which  framed  the  constitution  of  the  said  State,  shall  provide, 
by  an  ordinance  irrevocable  without  the  consent  of  the  United  States, 
that  the  said  State  shall  never  interfere  with  the  primary  disposal  of 
the  soil  within  the  same  by  the  United  States,  nor  with  any  regulations 
Congress  may  find  necessary  for  securing  the  title  in  such  soil  to  the 
bona-fide  purchasers  thereof:  and  that  no  tax  shall  be  imposed  on  lands 
the  property  of  the  United  States ;  and  that  in  no  case  shall  non-resi- 
dent proprietors  be  taxed  higher  than  residents ;  and  that  the  bounty 
lands  granted,  or  hereafter  to  be  granted,  for  military  services  during 
the  late  war,  shall,  whilst  they  continue  to  be  held  by  the  patentees  or 
their  heirs,  remain  exempt  from  any  tax  laid  by  order  or  under  the  au- 
thority of  the  State,  whether  for  State,  county,  township,  or  any  other 
purpose,  for  the  term  of  three  years  from  and  after  the  date  of  the  pat- 
ents respectively,  (d) 

(a)  See  Nos.  458,  476,  562,  586. 
(6)  See  Nos.  196,  470,  477,  489,  490. 

(c)  See  Nos.  458,  516,  519. 

(d)  See  No.  491. 

No.  494.— AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  to  be     June  23, 1836. 

issued  to  Albert  J.  Smith,  and  others,  patents  for  certain  reservations  of  land  in     y0l.  6,  p.  639. 

Michigan  Territory. 

Be  it  enacted,  <fc.,  That  the  President  of  the  United  States  be,  and  he  Land  patents 
is  hereby,  authorized  to  issue,  or  cause  to  be  issued,  to  Metaw-ne-nee,  to  issue  to  per- 
(or  Albert  J.  Smith,)  Messaw-wa-kut,  (or  Harriet  M.  Smith,)  Anno-ket-  sons  named. 


Per  cent  age 


208  MICHIGAN. 

o-qua,  (or  Lonisa  L.  Smith,)  and  Non-dash-e-man,  (or  Maria  G.  Smith,) 
being  children  of  Jacob  Smith,  deceased,  formerly  a  trader  among  the 
Chippewa  Indians,  patents  for  one  section  of  land  e'ach  ;  also,  one  section 
of  land  conjointly,  to  the  aforesaid  Albert  J.  Smith,  Harriet  M.  Smith, 
Lonisa  L.  Smith,  and  Maria  G.  Smith,  being  the  only  surviving  brother 
and  sisters  of  Sa-gos-e-qua,  (or  Caroline  Smith,)  deceased,  who  was  also 
one  of  the  children  of  Jacob  Smith,  deceased,  at  or  near  the  Grand  Tra- 
verse of  the  Flint  River,  in  the  Territory  of  Michigan,  which  said  sec- 
tions of  land  were  reserved  to  said  children,  by  the  third  article  of  the 
treaty  made  and  concluded  at  Saganaw,  in  the  said  Territory,  between 
the  United  States  of  America,  and  the  Chippewa  nation  of  Indians,  on 
the  twenty-fourth  day  of  September,  in  the  year  of  our  Lord,  one  thou- 
sand eight  hundred  and  nineteen. 


July  2,  1836.        No.  495.— AX  ACT  to  provide  for  the  issuing  a  land  patent  to  Thomas  B.  Clarke 
Vol.  6,  p.  667. 

Be  it  enacted,  £c.,  That  the  President  of  the  United  States  be,  and  he 


Land  patent  to  js  hereby,  authorized  and  required  to  cause  to  be  issued  to  Thomas  B. 
Clarke,  assignee  of  David  Thompson,  who  was  assignee  of  James  Cisni, 
a  patent  for  a  tract  of  land  containing  about  one  hundred  and  thirty- 
four  acres,  lying  on  the  River  Rouge,  in  the  Territory  of  Michigan,  and 
confirmed  to  said  Cisni  by  the  commissioners  of  private  land  claims  in 
said  Territory ;  the  patent  to  be  issued  conformably  to  a  patent  certifi- 
cate issued  by  the  register  of  the  land  office  at  Detroit,  on  the  2d  day  of 
July,  one  thousand  eight  hundred  and  thirty-one,  except  that  it  shall 
not  include  that  part  of  said  claim  lying  north  of  the  "  Chicago  road." 


July  2, 1836.       No.  496.- AN  ACT  for  the  relief  of  Robeit  Abbott,  and  the  other  heirs  of  J 
Vol.  6,  p.  679.  Abbott,  deceased. 


A    section    of     Be  it  enacted,  £c. ,  That  there  be  granted  to  Robert  Abbott  and  the  other 
land    ganted   to  heirs  of  James  Abbott,  deceased,  one  section  of  land,  containing  six 
hundred  and  forty  acres,  to  be  located  in  the  Territory  of  Michigan,  on 
any  of  the  lands  belonging  to  the  United  States  subject  to  entry  at  pri- 
vate sale. 

Jan.  26, 1837.      No.  497.— AX  ACT  to  admit  the  State  of  Michigan  into  the  Union,  upon  an  equal 
Vol.  5,  p.  144.  footing  -with  the  original  States. 


Admitted  into      Whereas,  in  pursuance  of  the  act  of  Congress  of  June  the  fifteenth, 
the  Union.  eighteen  hundred  and  thirty-six,  entitled   "An  act  to  establish  the 

northern  boundary  of  the  State  of  Ohio,  and  to  provide  for  the  admission 
of  the  State  of  Michigan  into  the  Union  upon  the  conditions  therein  ex- 
pressed," a  convention  of  delegates,  elected  by  the  people  of  the  said 
State  of  Michigan,  for  the  sole  purpose  of  giving  their  assent  to  the 
boundaries  of  the  said  State  of  Michigan  as  described,  declared,  and  es- 
tablished, in  and  by  the  said  act,  did,  on  the  fifteenth  of  December, 
eighteen  hundred  and  thirty-six,  assent  to  the  provisions  of  said  act, 
Therefore : 

Be  it  enacted,  <$-c.,  That  the  State  of  Michigan  shall  be  one,  and  is  hereby- 
declared  to  be  one,  of  the  United  States  of  America,  and  admitted  into 
the  Union  on  an  equal  footing  with  the  original  States,  in  all  respects- 
whatever,  (a) 

(a)  See  Xos.  451,  459,  462,  473;  487,  491,  492,  498,  499,  511,  512. 


June  12, 1838.     No.  498.— AX  ACT  to  ascertain  and  designate  the  boundary  line  between  the  State 
Vol.  5,  p.  244.  of  Michigan  and  the  Territory  of  Wisconsin. 


The  boundary  Be  it  enacted,  $c.,  That  the  survey  or- gen  era!  of  the  Ohio,  Indiana, 
line  between  Michigan  and  Wisconsin  land  districts,  under  the  direction  of  the  Presi- 
Mic  Mgan  and  dent  of  the  United  States,  be,  and  he  is  hereby,  authorized  and  required  to 
t-stablished  by  cause  to  be  surveyed,  marked,  and  designated,  the  boundary  line  between 
act  June  15, 1836,  the  State  of  Michigan  and  the  Territory  of  Wisconsin,  agreeably  to  the 
to  be  surveyed,  boundary  as  established  by  the  act  entitled  "An  act  to  establish  the 
marked,  and  des-  northern  boundary  line  of  the  State  of  Ohio,  and  to  provide  for  the 

admission  of  the  State  of  Michigan  into  the  Union,  upon  the  conditions. 

therein  expressed,"  approved  June  fifteenth,  eighteen  hundred  and 


MICHIGAN. 


209 


thirty- six  ;  and  to  canee  to  be  made  a  plat  or  plan  of  the  boundary  be-     A  plat  to  be 
tween  the  said  State  of  Michigan  and  the  said  Territory  of  Wisconsin,  made> &c- 
and  return  the  same  to  Congress  at  its  next  annual  session,  and  that  the 
sum  of  three  thousand  dollars  be,  and  the  same  is  hereby  appropriated 
to  carry  into  effect  this  act :  Provided,  That  the  whole  expense  of  sur- 
veying, marking  and  designating  the  said  boundary  line  shall  not  exceed 
that  sum.  (a) 

(a)  See  Nos.  451,  459,  462,  473,  487,  491,  492,  497,  499,  511,  512. 


Appropriation. 
Proviso. 


No.  499—  AN  ACT  making  appropriations  for  the  support  of  the  Army  for  the  year     March  3,  1841. 
one  thousand  eight  hundred  and  forty-one.  Vol.  5,  p.  433. 

#***### 

SEC.  3.  And  be  it  further  enacted,  That  for  the  purpose  of  designating     Survey  of  the 
and  marking  the  boundary  line  between  the  State  of  Michigan  and  ??unt$  betwee.n 
Territory  of  Wisconsin,  agreeably  to  the  true  intent  and  meaning  of  the  and  Montreal 
second  section  of  the  act  entitled  "An  act  to  establish  the  northern  rivers, 
boundary  line  of  the  State  of  Ohio,  and  to  provide  for  the  admission  of 
the  State  of  Michigan  into  the  Union,  upon  the  conditions  therein  ex- 
pressed," there  be,  and  is  hereby  appropriated,  the  sum  of  six  thousand 
dollars,  to  be  expended  under  the  direction  of  the  Secretary  of  War,  in 
the  survey  and  examination  of  the  country  situated  between  the  mouths 
of  the  Menomonie  and  Montreal  rivers,  who  is  hereby  directed  to  cause 
to  be  made  a  plat  or  plan  of  such  survey  and  examination ;  which  shall 
be  returned  to  Congress  with  all  convenient  dispatch,  (a) 

(a)  See  Nos.  451,  459,  462,  473,  487,  491,  492,  497,  498,  511,  512. 


No.  500.— AN  ACT  for  the  relief  of  Obed  P.  Lacey. 

Whereas,  it  is  provided,  by  the  third  article  of  the  treaty  of  September 
twentieth,  eif1  -       -       -  -    -     -  • 


July  9, 1842. 
Vol.  6,  p.  834. 


ighteen  hundred  and  twenty-eight,  with  the  Pottawatomies,  Preamble, 
that  "  a  section  of  land  shall  be  granted  to  Madeline  Bertrand,  wife  of 
Joseph  Bertrand,"  to  be  located  under  the  direction  of  the  President  of 
the  United  States  ;  and  in  accordance  with  said  provisions,  the  locating 
agent,  appointed  by  the  United  States,  did,  in  the  year  eighteen  hundred 
and  thirty-five,  locate  her  reservation  upon  section  twelve,  township 
thirty,  range  seven  east ;  and  the  said  Madeline  and  her  husband  Joseph 
Bertrand,  did,  on  the  fifteenth  day  of  September,  eighteen  hundred  and 
thirty-six,  by  deed,  convey  said  tract  to  Obed  P.  Lacey ;  and  whereas 
the  said  Lacey  had  been  previously  informed  by  the  War  Department 
that  said  location  had  been  made  and  would  be  approved ;  and  whereas 
three  of  the  four  quarters  of  said  section  were,  on  the  twelfth  day  of 
October,  eighteen  hundred  and  thirty- five,  sold  at  the  public  land  sales, 
in  consequence  of  which,  the  location  was  removed,  and  subsequently 
laid  on  fractional  section  twenty-six,  township  seven  south,  range  seven- 
teen west,  in  the  State  of  Michigan ;  and  whereas  it  appears,  from  the 
conveyance  above  recited,  that  the  said  Madeline  and  her  husband, 
Joseph,  for  an  adequate  consideration,  transferred  all  their  right,  title, 
and  interest,  to  said  reservation :  Therefore, 

Be  it  enacted,  &c.,  That  the  deed  described  in  the  above  preamble  shall  The  deed  de- 
be  deemed  a  full  relinquishment,  on  the  part  of  Madeline  Bertrand,  of  scribed  in  the 
all  her  claim  to  land  under  the  treaty  with  the  Pottawatomies  of  Sep-  SeeS  a  full 
teinber  twentieth,  eighteen  hundred  and  twenty-eight.  relinquishment, 

SEC.  2.  And  be  it  further  enacted,  That  so  soon  as  the  said  Obed  P.  &c. 
Lacey  shall  execute,  to  the  satisfaction  of  the  Secretary  of  War,  a  full    uPon  °-  ?•  ^a- 
relinquishment  of  all  claim  he  may  have,  under  the  deed  aforesaid,  as  hiSim^pltenf 
assignee  of  Madeline  Bertrand  and  Joseph  Bertrand,  to  section  twelve,  shall  issue  to  him 
township  thirty,  range  seven  east,  the  President  of  the  United  States  for  certain  land, 
shall  cause  a  patent  to  be  issued  to  him,  the  said  Obed  P.  Lacey,  for 
fractional  section  twenty-six,  township  seven  south,  range  seventeen 
west,  which  was  located,  and  the  location  thereof  approved,  to  the  said 
Madeline,  as  a  full  satisfaction  for  the  aforesaid  relinquishment,  on  the 
part  of  said  Obed  P.  Lacey,  and  of  the  claim  of  said  Madeline  Bertrand, 
under  the  treaty  of  September  twentieth,  eighteen  hundred  and  twenty- 
eight. 

14  L  0—VOL.  II 


210  MICHIGAN. 

Aug.  29, 1842.     JVo.  501.— AX  ACT  supplementary  to  "An  act  to  provide  for  the  adjustment  of  titles 
YoL  5,  p.  541.         to  land  in  the  to  .vn  of  Detroit,  and  Territory  of  Michigan,  and  for  other  purposes," 
passed  April  twenty-one,  eighteen  hundred  and  six. 


Mayor,  &c.,  of      Be  it  enacted,  £c.,  That  the  mayor,  recorder,  and  aldermen  of  the  city 

Detroit  iuthor-  of  Detroit,  in  the  State  of  Michigan,  be,  and  they,  or  a  quorum  of  them 

claims  under Jthe  in  council  assembled,  are  hereby,  authorized  to  hear,  examine,  and 

act  to  which  this  finally  adjust,  all  claims  arising  under  the  act  to  which  this  is  supple- 

i  s  s  u  pplement-  mentary,  against  the  governor  and  judges  of  the  late  Territory  of  Michi- 

^y*  gan,  and  receive  all  moneys,  or  other  rights  to  property  to  which  the 

said  governor  and  judges  were  entitled,  or  became  entitled  under  said 

act. 

Mayor,  &c.,  au-  SEC.  2.  And  be  it  further  enacted,  That  the  said  mayor,  recorder,  and 
i^joSnata  aldermen,  of  the  said  city  of  Detroit  be,  and  they  are  hereby,  entitled 
&c!,^f  the  board  to  receive  from  any  person  or  persons  having  possession  of  the  same,  the 
acting  under  act  journals,  records,  papers,  and  books  of  the  governor  and  judges  of  the 
April  21,  1806.  jate  Territory  of  Michigan,  acting  as  a  land  board,  under  the  act  of 
vested  ^ia'  said'  ^-P1^  twenty-first,  one  thousand  eight  hundred  and  six,  to  which  this 
board,  transfer-  is  a  supplement ;  and  that  all  powers  and  rights  vested  by  the  said  act 
red  to  the  mayor,  in  the  said  governor  and  judges,  for  the  purposes  therein  mentioned, 
&c-  ar.e  hereby  transferred  and  vested  in  the  mayor,  recorder,  and  aldermen, 

thOTized'toinsti"  of  the  citv  of  Detroit>  in  the  State  of  Michigan.  And  the  said  mayor, 
tute  legal  pro  recorder,  and  aldermen,  are  hereby  authorized  to  institute  proceedings 
ceedings.  at  law  or  in  equity,  in  any  court  of  competent  jurisdiction,  in  all  cases 

where  it  may  be  necessary  to  carry  into  effect  the  purposes  of  this  act. 
All  property,      SEC,  3.  And  le  it  further  enacted,   That  any  land  or  other  property, 
house*  and00'"!!  real  or  Personal>  remaining,  except  the  court-house  and  jail  erected 
vested  in  the  under  the  act  to  which  this  is  a  supplement,  after  satisfying  all  just 
mayor,  &c.  claims  provided  for  in  the  first  section  of  the  act  to  which  this  is  a  sup- 

plement, is  hereby  vested  in  the  said  mayor,  recorder,  and  aldermen,  of 
the  city  of  Detroit,  to  be  disposed  of  by  them  at  their  discretion  to  the 
best  advantage ;  and  they  are  hereby  authorized  to  make  deeds  to  pur- 
chasers thereof,  or  other  sufficient  conveyances  ;  and  the  proceeds  of  the 
laud  or  other  property  effects  or  claims  so  disposed  of,  and  of  other 
rights  and  claims  of  the  said  governor  and  judges,  shall,  after  the  pay- 
ment of  all  necessary  expenses  incurred  in  giving  effect  to  said  act  and 
to  this  act  and  in  the  adoption  of  such  measures  as  they  may  deem  nec- 
essary for  preserving  in  proper  form  the  records  and  other  evidences  of 
the  proceedings  of  said  governor  and  judges,  be  applied  by  the  said 
mayor,  recorder  and  aldermen,  to  such  object  or  objects  of  public  im- 
provement in  said  city,  as  the  said  mayor,  recorder,  and  aldermen,  may 
Mayor,  &c.,  to  in  council  direct.  And  the  said  mayor,  recorder  and  aldermen  are 
take  an  oath  or  hereby  required  to  take  an  oath  or  affirmation  for  the  faithful  discharge 
of  their  duties  under  this  act,  and  make  a  report  to  Congress,  in  writing, 
of  their  proceedings,  on  or  before  the  first  day  of  January,  one  thousand 
eight  hundred  and  forty-four,  (a) 

(a)  See  Nos.  453,  468,  471,  479,  481,  583. 


Aug.  31,  1842.     No.  5O2.— AN  ACT  for  the  relief  of  the  heirs,  or  assignees,  or  legal  representatives 
Vol.  6,  p.  875.  of  James  May. 

Certain  land  Be  M  enacted,  <$~c.,  That  there  be,  and  hereby  is,  granted  to  the  legal 
granted  in  satis-  heirs  of  James  May,  deceased,  or  the  legal  assignee  of  James  May,  or 
foctionof  a  claim  legal  representatives  of  such  assignee,  of  the  late  Territory  of  Michigan, 
wmSufs  and '?' the  tract  of  land  described  a8  follows,  namely:  Section  number  four,  in 
May.  township  number  one  north,  of  range  number  thirteen  east,  in  the  dis- 

trict of  land  subject  to  sale  at  Detroit,  Michigan,  in  satisfaction,  so  far 
as  said  heirs  are  concerned,  of  the  claim  confirmed  to  John  E.  Williams 
and  said  James  May,  by  the  commissioners  acting  under  an  act  entitled 
"An  act  to  revive  the  powers  of  the  commissioners  for  ascertaining 
and  deciding  on  claims  to  land  in  the  district  of  Detroit,  and  for  settling 
the  claims  to  lands  at  Green  Bay  and  Prairie  du  Chien,"  passed  May  the 
eleventh,  eighteen  hundred  and  twenty,  and  that  the  President  of  the 
United  States  be  authorized  to  issue  a  patent  in  pursuance  of  this  act.(a) 

(a)  See  No.  504. 


MICHIGAN.  211 

No.  503.— AN  ACT  providing  for  the  sale  of  certain  lands  in  the  States  of  Ohio  and     March  3, 1843. 
Michigan,  ceded  by  the  Wyandot  tribe  of  Indians,  and  for  other  purposes.  Vol.  5,  p.  624. 

******* 

Lands  in  Wy- 

SEC.  6.  And  be  it  further  enacted,  That  all  the  lands  in  the  Wyandot  andot  reserve  in 
reserve,  on  both  sides  of  the  river  Huron,  in  the  State  of  Michigan,  Michigan   to  be 
ceded  to  the  United  States  by  the  aforesaid  treaty,  (a)  shall  be  attached  f^Ustrict  and 
to  and  made  a  part  of  the  district  of  lands  subject  to  sale  at  Detroit ;  (6)  offered  for  sale. 
and  shall  be  offered  for  sale  at  the  land  office,  in  the  same  manner,  both 
as  to  public  and  private  sale,  as  is  directed  for  the  sale  of  the  lands  of 
the  reserve  in  the  State  of  Ohio  by  this  act.  (c)     Provided,  That  the  land 
shall  not  be  sold  for  less  than  two  dollars  per  acre. 

(a)  Treaty  of  March  17,  1842.    See  No.  456. 

(&)  See  Nbs.  196,  197,  455,  465,  467,  469,  480,  484,  486,  490a,  515,  522,  525a,  529,  536. 

(c)  See  Nos.  85, 158, 197,  455,  467,  480,  515,  526,  535,  574,  575,  583,  584. 


No.  504.— AN  ACT  for  the  relief  of  John  K.  Williams.  March  3,  1843. 

Be  it  enacted,  #c.,  That  there  be,  and  is  hereby  granted  to  John  R.  Will-     VoL  6>  p'  889< 


iams,  of  the  State  of  Michigan,  the  folio  wing-described  tract  of  land,  to     Land    granted 
wit :  the  east  half  of  section  thirty-three,  and  the  west  half  of  section  tohiminsatisfac- 
tbirty-iour,  township  two  north ,  range  thirteen  east,  in  the  district  of  land  {jaina 
subject  to  sale  at  Detroit,  Michigan,  containing  six  hundred  and  forty 
acres  ;  this  grant  being  in  satisfaction  (so  far  as  said  Williams  is  con- 
cerned) of  the  claim  confirmed  to  John  R.  Williams'  and  James  May  by 
the  commissioners  acting  under  an  act  entitled  "An  act  to  revive  the 
powers  of  the  commissioners  for  ascertaining  and  deciding  on  claims  to 
lands  at  Green  Bay  and  Prairie  du  Chien,"  passed  May  eleven,  eighteen 
hundred  and  twenty,  and  that  the  President  of  the  United  States,  be  au- 
thorized to  issue  a  patent  in  pursuance  of  this  act.  (a) 
(a)  See  No.  502. 

No.  5O5. — AN  ACT  for  the  relief  of  the  heirs,  or  the  assignees  of  the  heirs,  of  Isaao     March  3  1843 
Todd  and  James  McGill.  y0l  g,  p.  905. 

Be  it  enacted,  #c.,  That  all  the  right,  title,  interest,  claim,  and  demand  — 
of  the  United  States  in,  over,  and  to  the  following-described  tract  or  states  to  certain 
parcel  of  land,  situate,  lying,  and  being  in  the  State  of  Michigan,  known  land  relinquished 
as  claim  two  hundred  and  seventy,  as  entered  upon  the  records  of  the  to  J.  McGill,  his 
land  board  at  Detroit,  under  the  act  of  twenty-sixth  of  March,  anno  heirs>  &c- 
Domini  one  thousand  eight  hundred  and  four,  be,  and  the  same  is  here- 
by, relinquished  (o  James  McGill,  his  heirs,  and  legal  representatives, 
and  to  those  legally  holding  under  him  or  them ;  and  all  the  right,  title,    Right  of  United 
interest,  claim,  or  demand  of  the  United  States  in,  over,  and  to  the  fol-  States  to  ce.rtj?j| 
•lowing  described  tracts  or  parcels  of  land  situate,  lying  and  being  in  to^saac Todd, his 
the  State  of  Michigan ;  that  is  to  say,  those  certain  tracts  numbered  two  heirs,  &c. 
hundred  aud sixty-seven  and  two  hundred  and  sixty-eight,  as  entered  on 


_  „  Proviso, 

quishrnent  on  the  part  of  the  United  States  shall  not  take  effect  until 
the  said  James  McGill  and  Isaac  Todd,  their  heirs,  or  those  holding  and 
claiming  the  said  land  through  them,  for  a  consideration  to  be  fixed  by 
the  valuation,  upon  oath,  of  three  disinterested  men,  to  be  selected  by 
the  Secretary  of  War,  and  paid  by  the  United  States  out  of  the  sum  of 
fifty  thousand  dollars  appropriated  by  the  act  of  September  the  ninth, 
A.  D.  eighteen  hundred  and  forty-one,  entitled  "An  act  making  appro- 
priations for  various  fortifications  for  ordnance,  and  for  preventing  and 
suppressing  Indian  hostilities,"  shall  execute  to  the  United  States  in 
such  form  and  with  such  covenants,  as  shall  be  prescribed  by  the  Secre- 
tary of  War,  a  good  and  sufficient  deed  to  the  following-described  part 
of  said  tracts,  that  is  to  say,  a  tract  adjoining  on  the  southwest  side,  the 
land  lately  purchased  by  the  United  States  from  B.  B.  Kerchivell, 
bounded  as  follows  :  beginning  at  the  northwest  corner  of  said  public 
land,  thence  south  thirty-five  degrees,  west  twenty -five  chains,  thence 
south  twenty-eight  degrees  sixteen  minutes  east,  twenty  chains,  more 
or  less  to  the  Detroit  River,  thence  along  the  shore  of  said  river  in 
a  northeasterly  direction  to  the  southwest  corner  of  said  public  laud; 
thence  along  the  southwesterly  boundary  of  the  same  to  the  place  of  be- 
ginning, containing  forty  acres  more  or  less,  which  is  hereby  reserved 
to  the  United  States  for  military  purposes. 


2 1  2  MICHIGAN. 


Land  patent  to     Be  it  enacted,  $-c.,  That  the  President  of  the  United  States  be,  aiid  he 
be  issued.  18  hereby,  authorized  and  required  to  cause  to  be  issued  to  Joseph  Cam- 

pau, assignee  of  the  children  and  heirs  of  Taw-cum-e-go-qua  (an  Indian 
woman)  a  patent  for  section  number  one,  of  the  Indian  reservation  at 
the  Grand  Traverse  of  Flint  River,  in  the  State  of  Michigan,  which 
section  was  reserved  to  said  Taw-cum-e-go-qua  by  the  treaty  concluded 
with  the  Chippewa  Indians  at  Saginaw.  in  said  State,  on  the  twenty- 
Proviso,  fourth  of  September,  one  thousand  eight  hundred  and  nineteen :  Pro- 
vided, That  before  said  patent  shall  be  issued,  said  Campau  shall  file,  in 
the  office  of  the  Commissioner  of  the  General  Land  Office,  proof  that  he 
has  purchased  said  land  of  the  children  and  heirs  of  said  Taw-cum-e-go- 
qua,  and  that  he  paid  therefor,  at  the  time  when  said  purchase  was 
made,  a  fair  and  equitable  consideration,  (a) 

(a)  See  Nos.  508,  524. 


Jane  17,  1844.     No.  507.— AN  ACT  explanatory  of  the  treaty  made  with  the  Chippewa  Indians  at 
Vol.  5.  p.  680.  Saganaw,  the  twenty  third  of  January,  eighteen  hundred  and  thirty-eight. 

First  and  sec-     Be  it  enacted,  <$*c.,  That  the  first  and  second  articles  in  the  treaty  made 

ond    articles    of  with  the  Chippewa  Indians,  on  the  twenty-third  of  January,  one  thou- 

pewas  ofJanuarv  8an^  eight  hundred  and  thirty-eight,  shall  be  so  construed  as  to  prevent 

23,1838,  how  to  be  the  sales  of  land  ceded  by  said  treaty  for  a  less  sum  than  two  dollars 

construed.  and  fifty  cents  per  acre  from  and  after  the  first  day  of  September,  one 

thousand  eight  hundred  and  forty -three  ;  and  that  the  minimum  price 

of  said  lands,  from  and  after  that  day,  shall  be  two  dollars  and  fifty 

cents  per  acre. 


June  17, 1844.  No.  5O8.— AN  ACT  for  the  relief  of  Joseph  Campau. 

Be  it  enacted,  #c.,  That  it  shall  be  the  duty  of  the  register  of  the  land 


Patent  to  issue  office  at  Detroit,  in  the  State  of  Michigan,  on  being  fully  satisfied  of 
t°'  h^df0r  cer~  the  justice  of  the  claim  of  Joseph  Campau  to  a  certain  tract  of  land 
on  the  border  of  Lake  St.  Clair,  in  said  State,  designated  on  the  plat  of 
private  land  claims,  surveyed  under  the  authority  of  the  United  States 
by  Aaron  Greely,  as  lot  number  seven  hundred  and  thirty-six,  contain- 
ing about  seventy-five  acres,  to  grant  to  said  Joseph  Campau  a  patent 
certificate  for  said  tract,  upon  which  a  patent  may  be  issued  in  the 
usual  manner  in  which  patents  have  heretofore  been  issued  to  claim- 
ants under  the  act  of  the  third  of  March,  one  thousand  eight  hundred 
and  seven,  entitled  "An  act  regulating  the  grants  of  land  in  the  Terri- 
tory of  Michigan."  (a) 

(a)  See  Nos.  506,  524. 

March  3  1845     ^°'  5O9.— AN  ACT  making  appropriations  for  the  civil  and  diplomatic  expenses 
Vol  5  T>  752         of  tne  Government  for  the  year  ending  the  thirtieth  June,  eighteen  hundred  and 
'  p'  forty-six,  and  for  other  purposes. 


Surveyors  and     Surveyors  and  their  Clerks.— For  compensation  of  the  surveyor-gen- 

their  clerks.         erai  northwest  of  the  Ohio,  and  the  clerks  in  his  office,  eight  thousand 

thXOh'     68t        three  hundred  dollars:    Provided,  That  said  surveyor-general's  office 

Proviso :  office  northwest  of  the  Ohio  shall  be  removed  to  and  kept  at  such  place  in  the 

to  be  removed  to  State  of  Michigan  as  the  President  of  the  United  States  shall  from 

Michigan.  time  to  time  direct.    And  that  on  the  removal  of  the  said  office  as 

handecfover        aforesaid,  or  as  soon  thereafter  as  practicable,  the  surveyor-general  of 

said  district  shall  be  required  to  deliver  over  to  the  secretaries  of  state 

of  the  States  of  Ohio  and  Indiana,  or  such  other  officers  as  may  be 

authorized  to  receive  them,  all  the  field-notes,  maps,  records,  and  other 

papers    appertaining  to  the    surveys  and    land    titles    within    their 

limits,  (a; 

******* 

(a)  See  Nos.  11,  197,  458,  460,  513,  590. 


MICHIGAN. 


213 


No.  51  0.—  AN  ACT  for  the  relief  of  Charles  M.  McKenzie. 


Be  it  enacted,  $-c.,  That  Charles  M.  McKenzie  be,  and  he  is  hereby, 
authorized  to  locate  eighty  acres  of  land  in  any  of  the  unlocated  lands 
of  the  United  States,  in  the  State  of  Michigan,  subject  to  private  entry 


July  18,  1846. 

Charles  M.  Mc- 

2^  a?ocate 

on  his  executing  a  deed  of  release  of  seventy-five  acres  to  the  United  eighty  acres  of 
States,  being  that  part  of  the  south  half  of  the  southeast  quarter  of  United  states 
section  twenty-seven,  township  five,  range  one  east,  in  the  State  of  land  in  Michigan, 
Michigan,  not  used  or  occupied  by  the  said  Charles  M.  McKenzie,  being  Je\ea^C1tomgthe 
land  covered  by  water  ;  which  deed  of  release  shall  be  deposited  with  united  States  of 
the  register  of  the  land  office  it  Detroit,  Michigan,  and  the  receipt  and  seventy  -five 
certificate  of  said  register  shall  be  sufficient  evidence  to  the  register  of  acres- 
any  other  land  office  in  the  State  of  Michigan,  when  the  said  McKen- 
zie may  desire  to  locate  said  eighty  acres  of  land,  of  his  compliance 
with  the  requisitions  of  this  ac*/. 


9,  p.  56. 


No.  511.—  AN  ACT  to  enable  the  people  of  Wisconsin  Territory  to  form  a  constitu-     Aug.  6,  1846. 
tion  and  State  government,    *    *    *.  Vol. 

[Jurisdiction  of  islands  in  Brule"  and  Menomonie  rivers. 

em,  No.  622.] 


See  WISCON- 


No.  512.— AN  ACT  making  appropriations,  &c. 

[So  much  of  line  between  Michigan  and  Wisconsin  as  lies  between  the 
sources  of  Bruld  and  Montreal  rivers  to  be  surveyed.  See  WISCONSIN, 
No.  624.] 


Aug.  10,  1846. 


No.  513.— A  RESOLUTION  relative  to  errors  and  defective  returns  in  certain  sur- 
veys,  plats,  and  field-notes. 


Aug.  10,  1846. 
Yol.  9,  p.  115. 

Com  missioner 
Land 


Resolved,  #c.,  That  the  Commissioner  of  the  General  Land  Office  be, 
and  he  is  hereby,  authorized  to  employ  some  suitable  person  to  ascer- 
tain  and  report  to  the  said  Commissioner  of  the  General  Land  Office  the 
amount  of  damages  sustained  by  the  respective  purchasers  of  public  tamed    by    pur- 
lands  in  township  one  south,  range  seven  east,  in  the  State  of  Michigan,  chasers    of   cer- 
(or  by  their  respective  assignees  and  legal  representatives,)  by,  or  in  tain  land  in  Mich- 
consequence  of,  the  erroneous  or  fraudulent  surveys  of  said  township, lgan" 
or  of  the  imperfect  or  false  returns  thereof ;  and  it  shall  be  the  duty  of 
such  person  so  employed,  to  proceed  to  such  township,  and,  upon  view 
of  the  premises,  and  upon  hearing  the  proofs  of  the  parties  in  interest, 
to  estimate  and  ascertain  said  damages,  and  to  report  his  opinion  and 
decision  thereon,  specifying  in  his  said  report  each  individual  case,  and 
the  facts  and  reasons  upon  which  his  opinion  may  be  founded,  (a) 

(a)  See.  Nos.  11,  197,  458,  460,  509,  590. 


No.  514.— AN  ACT  to  regulate  the  exercise  of  the  appellate  jurisdiction  of  the  Su-     Feb.  22  1847. 
preme  Court  of  the  United  States  in  certain  cases,  and  for  other  purposes.  Vol.  9,  p.  128. 

[See  FLORIDA,  No.  1677.] 


No.  5 1 5.— AN  ACT  to  establish  a  land  office  in  the  northern  part  of  Michigan,  and     March  1,  1847. 
to  provide  for  the  sale  of  mineral  lands  in  the  State  of  Michigan.  Vol.  9,  p.  146. 


Be  it  enacted,  cfc.,  That  all  that  portion  of  the  public  lands  in  the     Lake  Superior 
State  of  Michigan  lying  north  of  the  boundaries  of  the  Saganaw  and  land  district. 
Grand  River  land  districts  in  said  State,  commonly  called  the  northern 
peninsula  of  the  State  of  Michigan,  with  the  islands  in  Lakes  Superior, 
Huron,  and  Michigan,  and  in  Green  Bay,  the  Straits  of  Michilimack- 
inac,  and  the  River  St.  Mary's,  within  the  jurisdiction  of  said  State,  be, 
and  the  same  are  hereby,  included  in  the  land  district,  to  be  called  the 
Lake  Superior  land  district :  and  for  the  sale  of  the  lauds  in  said  dis- 
trict, there  shall  be  a  land  office  established  at  such  point  therein  as 
the  President  of  the  United  States  may  select,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury  Secretary  of 
shall  cause  a  geological  examination  and  survey  of  the  lands  embraced  Treasury  shall 
in  said  district  to  be  made  and  reported  to  the  Commissioner  of  the  elam 
General  Land  Office.  And  the  President  is  hereby  authorized  to  cause  survey. 


214  MICHIGAN. 

Mineral  lands  such  of  said  lands  as  may  contain  copper,  lead,  or  other  valuable  ores,  (6) 
to  be  exposed  to  sale,  giving  six  months'  notice  of  the  times  and  places 
of  sales  in  such  newspapers  of  general  circulation,  in  the  several  States, 
as  he  may  deem  expedient,  with  a  brief  description  of  the  lands  to  be 
offered;  showing  the  number  and  localities  of  the  mines  known,  the 
probability  of  discovering  others,  the  quality  of  the  ores,  the  facilities 
of  working  the  mines,  and  the  means  and  expense  of  transporting  their 
Other  lands,  products  to  the  principal  markets  in  the  United  States. -"'And  all  the 
lands  embraced  in  said  district,  not  reported  as  aforesaid,  shall  be  sold 
in  the  same  manner  as  other  lands  under  the  laws  now  in  force  for  the 
sale  of  the  public  lands,  excepting  and  reserving  from  such  sales  sec- 
tion sixteen  in  each  township  for  the  use  of  schools,  and  such  reserva- 
tions as  the  President  shall  deem  necessary  for  public  uses,  (c) 

All  persons  in     SEC.  3.  And  be  it  further  enacted,  That  all  those  persons  who  are  in 
actual    occupan-  possession,  by  actual  occupancy,  of  any  portion  of  the  district  described 
tom^cretaY™? in  the  nrst  section  of  this  act,  under  authority  of  a  lease  from  the  Sec- 
War,   may   pur-  retary  of  War,  for  the  purpose  of  mining  thereon,  and  who  have  fully 
chase  to  the  ex-  complied  with  all  the  conditions  and  stipulations  of  said  lease,  may 
tent  of  lease.        enter  and  purchase  the  same  at  any  time  during  the  continuance  of 
such  lease,  to  the  extent  of  such  lease,  and  no  less,  by  paying  to  the 
United  States  therefor  at  the  rate  of  two  dollars  and  fifty  cents  per 
acre :  Provided,  That  said  entry  and  purchase  shall  be  made  to  include 
the  original  survey  of  such  lease,  as  near  as  may  be,  conforming  to  the 
lines  of  the  public  surveys  of  sections  and  subdivisions  thereof.    And 
Persons  in  ac-  all  those  persons  who  are  in  possession,  by  actual  occupancy,  of  any  of 
tual     occupancy  8ai<j  iand8)  for  mining  purposes,  under  authority  of  a  written  permit 
pose^under  per-  from  the  Secretary  of  War,  and  who  have  visible  landmarks  and  muni- 
mits, '  may    pur-  ments  as  boundaries  thereon,  and  who  have,  in  all  other  respects,  coin- 
chase    as    those  plied  with  the  conditions  and  stipulations  contained  in  such  permit, 
Iding  under  may  enter  and  purchase  the  same,  to  the  extent  of  the  tract  selected  by 
them  and  reported  to  the  Secretary  of  War,  as  required  by  said  permit, 
and  no  less,  in  the  same  manner  as  those  who  hold  under  leases,  and  at  the 
same  price :  Provided,  Such  entry  and  purchase  be  made  before  the  day 
said  lands  shall  be  offered  for  sale  by  order  of  the  President.    And  all 
Other  persons  those  persons  who  shall  be  in  possession,  by  actual  occupancy,  of  a  mine 
t?onCtUal  °ccupa~  or  mines  actually  discovered  before  the  passage  of  this  act,  and  who 
shall  pay  the  same  per  centum  of  rents  as  those  who  hold  underleases, 
as  aforesaid,  shall  be  permitted  to  enter  and  purchase  one  section  of 
land,  and  not  less,  to  include  such  mine  or  mines  discovered  and  occu- 
pied as  aforesaid,  by  them,  by  paying  to  the  United  States  the  same 
price,  and  at  the  same  time,  as  required  of  those  who  hold  under  per- 
mits aforesaid,  and  all  rents  accruing  from  such  lessees  or  occupants 
shall  be  paid  and  delivered  to  such  officers  of  the  Government  as  the 
Proof  of   pos-  Secretary  of  the  Treasury  shall  direct:  Provided,  That  prior  to  any  such 
jssion  and  occu-  pur(jna8e  being  made  under  the  provisions  of  this  section,  proof  of  pos- 
session and  occupancy,  as  aforesaid,  of  the  mine  or  mines  claimed,  shall 
be  made  to  the  register  and  receiver  of  the  land  district,  together  with 
the  evidence  of  the  payment  of  all  rents  due  the  United  States  agree- 
ably to  such  rules  as  may  be  prescribed  by  the  Secretary  of  the  Treas- 
ury  for  that  purpose,  which  register  and  receiver  shall  each  be  en- 
Appeal,  titled  to  receive  one  dollar  for  his  services  therein :  Provided,  That  an 
appeal  from  the  decision  of  the  register  and  receiver  to  the  Secretary 
of  the  Treasury  may  be  had,  under  such  regulations  as  the  said  Secre- 
Joint  occupan-  tary  may  prescribe.    And  if  two  or  more  persons  are  in  possession  of 
cy-  the  same  section,  the  first  occupant  shall  be  entitled  to  a  preference, 
unless  the  same  can  be  so  divided  by  legal  subdivisions  as  to  give  to  each 
the  discovery  claimed  by  him. 

Mineral  lands     SEC.  4.  And  be  it  further  enacted,  That  the  said  mineral  lands  shall  be 
offered  for  sale  in  offered  for  8aie  in  quarter-sections,  and  no  bid  shall  be  received  at  a  less 
18'  rate  than  five  dollars  per  acre;  and  if  such  lands  shall  not  be  sold  at 
public  sale  at  such  price,  they  shall  thereafter  be  entered  at  private  sale 
No  legal  divi-  at  that  price:  Provided,  That  no  legal  division  or  subdivision  of  any  of 
sions  or  subdivi-  8aid  lauds  upon  which  there  may  be  any  outstanding  lease  or  leases 
lZ  from  tbe  Secretary  of  War  unexpired  or  undetermined,  and  which  is 
'  actually  occupied  for  mining  purposes,  and  the  occupants  of  which  have 
complied  with  all  the  requisites  of  such  lease  or  leases,  and  continue  to 
perform  the  same,  shall  be  sold  until  after  the  determination  of  such 
lease  or  leases  by  efflux  of  time,  voluntary  surrender,  or  other  legal  ex- 
tinguishment thereof,  except  in  such  catses  as  are  provided  for  in  the 
third  section  of  this  act,  and  the  lessees  respectively  shall  be  entitled 


MICHIGAN. 


Control      and 


(a)  See  Nos.  196, 197,  455,  465,  467,  469,  480,  484,  486,  490a,  503,  522,  525a.  529,  536. 

(&)  See  Nos.  458,  518,  577. 

(c)  See  Nos.  85,  197,  455,  467,  480,  503,  526,  535,  574,  575,  583,  564. 


No.  516.— AN  ACT  to  give  the  consent  of  Congress  to  the  sale  of  certain  salt     March  3,  1847. 
spring  lands  heretofore  granted  to  the  States  of  Michigan,  Illinois,  and  Arkansas.         Vol.  9,  p.  181. 


Be  it  enacted,  <$-c.,  That  the  State  of  Michigan  shall  be,  and  hereby  is,  Sole  of  salt- 
authorized  and  empowered  to  sell,  in  such  manner  as  the  legislature  of  spring  lands 
said  State  shall  by  law  direct,  the  salt-spring  lands  granted  to  said  S^Jf?1*  to  State 
State  for  its  use,  by  an  act  entitled  "An  act  supplementary  to  the  act  *" 

entitled  An  act  to  establish  the  northern  boundary  line  of  the  State  of 
Ohio,  and  to  provide  for  the  admission  of  the  State  of  Michigan  into 
the  Union  on  certain  condition,"  approved  June  twenty-third,  eighteen 
hundred  and  thirty-six,  (a) 

**#**•** 

(a)  See  Nos.  458,  493,  519. 

No.  517.— AN  ACT  providing  for  the  examination  and  settlement  of  claims  for     Sept.  26,  1850. 
land  at  the  Sa.ult  Ste.  Marie,  in  Michigan.  Vol.  9,  p.  469. 


Be  it  enacted,  #c.,  That  the  register  and  receiver  of  the  laud  office  at  Eegister  and 
the  Sault  Ste.  Marie  be,  and  they  are  hereby,  authorized  to  examine  and  receiver  author- 
report  upon  claims  to  lots  at  the  Sault  Ste.  Marie,  in  township  f orty-  S 
seven  north,  of  ranges  one  east  and  one  west,  in  Michigan,  according  to  lots, 
the  provisions  hereinafter  contained,  and  pursuant  to  such  instructions 
as  may  be  given  by  the  Commissioner  of  the  General  Land  Office. 

SEC.  2.  And  be  it  further  enacted,  Thy.t  the  said  commissioner  shall  Commissioner 
cause  the  register  and  receiver  to  be  furnished  with  a  map,  on  a  large  c-ffice^furmsh 
scale,  of  the  lines  of  the  public  surveys  at  the  Sault  Ste.  Marie,  and  it  the  register  and 
shall  be  the  duty  of  the  Secretary  of  War  to  direct  the  proper  military  receiver  with  a 
officer,  on  the  application  of  the  register  and  receiver,  to  designate,  orlaj¥e,  ™fP-  uP°n 
cause  to  be  designated,  upon  the  map  aforesaid,  the  position  and  the  for  military  and 
extent  of  lots  necessary  for  military  purposes,  as  also  the  position  and  other  public  pur- 
the  extent  of  any  other  lot  or  lots,  which  may  be  required  for  other  poses  are  to  be 
public  purposes,  and  also  the  position  and  extent  of  the  Indian  agency  designated- 
tract,  and  of  the  Indian  reserve. 

SEC.  3.  And  be  it  further  enacted,  That  in  the  case  of  any  person  or     Claimants  un- 
persons, or  the  legal  representatives  of  any  person  or  persons,  who  are  der  the  original 
the  present  bona-tide  claimants,  under  the  original  claims,  which  are  ^^n^oiTceTn 
entered  in  book  number  seven  of  the  report  of  the  board  of  commis-  Writing1   to    the 
sioners,  under  the  act  of  Congress  approved  twenty-first  of  February,  register,   setting 
eighteen  hundred  and  twenty-three,  entitled,  "An  act  to  revive  and  forth  the  nature 
continue  in  force  certain  acts  for  the  adjustment  of  land  claims  in  the  JJ^?*1 'clan^'thl 
Territory  of  Michigan,"  it  shall  and  may  be  lawful  for  such  person,  fime  of'  occupar 
within  one  year  from  the  passage  of  this  act,  to  present  a  sivorn  notice,  tion  thereof, 
in  writing,  to  the  register  and  receiver,  setting  forth  the  nature  of  his 
claim,  with  the  front  and  depth  necessary  to  embrace  his  settlement 
and  improvements,  and  its  position  and  limits,  as  accurately  as  practi- 
cable, on  the  public  surveys;  also  the  length  of  time  it  has  been  settled 
by  the  present  claimant,  and  the  estimated  value  at  the  time  his  right 


216  MICHIGAN. 

originated,  and  the  estimated  value  at  the  present  time,  exclusive  of 
Register     and  improvements;  and  it  shall  be  the  duty  of  the  register  and  receiver  to 
receiver    to  ^re-recejve  an(j  consider  testimony,  which  may  be  presented  in  each  case, 
y<  and  to  call  for  such  further  testimony  as  they  may  deem  necessary,  in 
order  to  enable  them  to  determine  the  precise  nature  of  each  claim  or 
title  and  ascertain  under  whom  the  same  originated,  and  to  fix  its 
position  and  extent  on  the  public  surveys,  and  its  present  value,  exclu- 
sive of  improvements,  and  also  to  ascertain  the  value  of  the  improve- 
ments, and  further  to  ascertain  whether  it  interferes  with  any  adverse 
claim,  and  the  extent  of,  and  nature  of,  such  interference ;  and  for  the 
Register  an-  purposes  aforesaid,  the  register  and  receiver  are  hereby  authorized  each 
thorized  to    ad-  to  administer  oaths,  or  affirmations,  and  it  shall  also  be  the  duty  of 
minister  oaths^ose  O£ftcer8  to  record  all  notices  and  testimony  in  support  of  each 
claim ;  and  for  administering  oaths  they  shall  be  allowed  a  fee  of  twelve 
and  a  half  cents,  and  a  like  sum  for  every  hundred  words  of  testimony 
which  they  may  record,  to  be  paid  by  the  claimants,  and  equally  divided 
between  the  officers  aforesaid. 

Claimants  SEC.  4.  And  be  it  further  enacted,  That  in  the  case  of  any  bona-fide 
\vithoutanyrightclaimant,  who  has  no  right  under  an  original  claim,  entered  in  the 
*0aknr  but  Veins  aforeaaid  book  number  seven,  but  who,  on  the  first  day  of  January,  in 
bona-fide  settler^  tne  7ear  of  our  Lord  eighteen  hundred  and  forty-nine,  had  reduced  a 
to  file  a  sworn  lot  into  possession,  and  is  an  actual  and  bona-fide  settler  thereon,  or 
notice  of  the  occupant  thereof,  it  shall  and  may  be  lawful  for  him  to  file  a  sicorti 
improve^  no^ce>  stating  how  long  he  has  been  in  the  actual  possession  of  the  lot, 
men'ta,  extent,  *ne  nature  of  his  improvements,  the  extent  of  front  and  depth  requisite 
&c.  '  '  to  embrace  his  actual  settlement  and  improvements,  the  estimated 

value  of  the  lot  at  the  time  of  his  settlement,  and  its  present  value, 
exclusive  of  improvements,  as  also  the  value  of  such  improvements, 
and  also  designating,  as  accurately  as  practicable,  its  position  upon  the 
public  surveys ;  and  it  shall  and  may  be  lawful  for  the  aforesaid  offi- 
cers, also,  to  take  all  necessary  testimony  in  this  class  of  cases  in  like 
manner,  and  perform  similar  duties  as  required  in  the  foregoing  sec- 
tion, and  to  receive  any  notice  and  evidence  of  any  missionary  claim 
from  any  party  authorized  to  act,  both  as  to  the  nature  and  extent  of 
the  same,  and  the  grounds  on  which  it  may  be  entitled  to  equitable 
consideration. 

Officers  to  ar-      SEC.  5.  And  be  it  further  enacted,  That  it  shall  also  be  the  duty  of  the 
range  cases  and  land  officers  to  examine  and  arrange  the  notices  and  testimony  in  all 

rertafccLsesrf  case.8  tiled  under  thi8  act >  and  the  ca8es  contemplated  by  the  third 
abstracts.  section,  which  they  may  confirm,  shall  be  placed  in  abstract  A,  first 

class,  and  those  under  that  section  which  may  be  rejected  by  them,  shall 
be  placed  in  abstract  A,  second  class  ;  and  in  all  cases  contemplated  by 
the  fourth  section  of  this  act,  the  confirmation  of  the  commissioners 
shall  be  placed  in  abstract  B,  first  class,  and  their  rejections  in  abstract 
B,  second  class. 

Form  and  con-  SEC.  6.  And  be  it  further  enacted,  That  in  the  aforesaid  abstracts,  the 
tents  of  ab-  register  and  receiver  shall  designate  the  number  of  each  claim,  name  of 
present  and  of  original  claimant,  area,  present  value  of  the  lot,  exclusive 
of  improvements,  and  the  amount,  which,  in  their  opinion,  it  would  be 
just  to  require  as  a  payment  for  the  same  to  the  Government ;  and  the 
said  officers  shall  designate  on  the  aforesaid  map  of  the  public  surveys 
the  location  of  each  claim  as  near  as  it  can  be  ascertained  from  the  tes- 
timony, with  the  estimated  actual  value,  and  the  assessment  thereon  of 
the  sum  which,  in  their  judgment,  should  be  paid  for  the  same  to  the 
Government. 

Surveyor- gen-     SEC.  7.  And  be  it  further  enacted,  That  the  survey  or- general  at  Detroit, 

eral  at  Detroit,  on  being  notified  of  the  completion  by  the  land  officers  of  the  aforesaid 

on  being  inform-  abstracts  and  map,  shall  despatch  a  skilfml  deputy  to  the  Sault  Ste. 

of  map°™£d  a°bn  Marie,  who  shall  file  in  the  land  office  at  that  placets  affidavit  faith- 

stracts,  to  send  a  fully  and  impartially  to  discharge  his  duty,  and  thereupon  there  shall 

deputy    to    the  be  delivered  to  him  the  said  abstracts  and  map,  and  he  shall  then  pro- 

tok?  off 'th^vil-  ceed  fortnwitn  to  laY  off  and  survey  the  village  of  Sault  Ste.  Marie  into 

lageJ  °  l '  town  lots,  streets,  avenues,  public  squares,  out-lots,  having  regard  to  the 

lots  and  streets  already  actually  surveyed,  existing  or  established,  and 

having  regard  also  to  the  existing  limits  and  extent  of  the  lots,  and  to 

the  existing  limits  and  extent  of  the  lots  covered  by  the  claims  which 

shall  have  been  adjudicated  by  the  register  and  receiver ;  and  after  such 

Further  duties  surveys  shall  have  been  completed,  the  aforesaid  deputy  shall  prepare  a 

of  the  deputy.      plat  exhibiting,  in  connexion  with  the  lines  of  the  public  surveys,  the 

exterior  lines  of  the  whole  village,  also  the  squares,  individual  lots,  and 


MICHIGAN.  217 

the  public  lots,  and  also  the  out-lots,  designating  the  lots  reserved  for 
military  or  other  purposes,  according  to  the  extent  and  limits  of  the 
same,  as  fixed  by  the  proper  military  officers,  pursuant  to  the  require- 
ments of  the  second  section  of  this  act,  and  specifying  the  name  of  each 
claimant  of  the  individual  lot,  and  whether  confirmed  or  rejected,  the 
sum  assessed  by  the  register  and  receiver  as  a  payment  which  should  be 
made  in  each  case  by  the  party,  and  also  designating  the  vacant  in-lots 
and  out-lots,  the  former  of  which  shall  be  subdivided  into  lots  not  to 
exceed  each  a  quarter  of  an  acre,  and  the  latter  not  to  exceed  two  acres 
each ;  and  it  shall  be  the  duty  of  the  said  deputy,  from  the  best  infor- 
mation he  can  obtain,  and  after  conference  with  the  land  officers,  to 
specify  on  the  survey  of  each  vacant  lot  the  actual  present  estimated 
value,  and  it  shall  be  the  duty  of  the  aforesaid  deputy  to  return  to  the 
register  and  receiver  their  abstracts  and  map,  and  to  submit  to  them  his 
plat  of  the  actual  surveys,  and  if  they  shall  be  satisfied  that  it  is  in  ac- 
cordance with  their  adjudications,  they  shall  append  a  certificate  to  that 
effect,  and  the  said  deputy  shall  then  transmit  the  said  plat  with  the 
field- notes  to  the  surveyor-general  at  Detroit  for  examination  of  the 
work,  and  if  that  officer  shall  find  it  faithfully  and  properly  executed, 
he  shall  allow  the  said  deputy  a  per  diem  of  five  dollars  for  every  day  Compensation, 
actually  and  necessarily  engaged  in  the  preliminary  examination  and 
surveys,  and  in  the  construction  of  the  plat,  and  shall  also  pay  all  neces- 
sary expenses. 

SEC.  8.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur-     Abstracts  and 
veyor-general,  upon  the  approval  of  the  plat,  or  actual  survey  by  his  maps,  with  plat, 
deputy,  to  return  the  said  plat  to  the  register  and  receiver,  who  shall  to  be  transmitted 
thereupon  transmit  the  same,  with  their  abstracts,  maps,  and  record  of  ^  GeneraiS8L°a^fd 
testimony,  to  the  Commissioner  of  the  General  Land  Office,  whose  deci-  office,  whose  de- 
sion  in  every  case  shall  be  final,  and  binding  upon  the  parties  and  the  cision,inallcases, 
Government,  and  who  shall  have  power  either  to  affirm,  modify,  or  re-  sha11  be  binding, 
verse  the  decisions  of  the  register  and  receiver,  and  to  authorize  them 
to  grant  a  certificate  upon  the  cash  payment  to  the  receiver,  of  what 
may  be  determined  to  be  a  fair  assessment  on  the  lot  confirmed ;  and 
upon  such  payment  being  made,  and  the  return  of  the  certificate  to  the 
General  Land  Office,  a  patent  shall  issue.     And  the  said  register  and  re- 
ceiver shall  each  receive,  from  the  proceeds  of  such  sales,  the  sum  of  five 
dollars  for  every  claim  examined  and  adjudicated  by  them  under  this  act. 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for  Commissioner 
the  Commissioner  to  order  into  market,  after  public  notice  of  at  least  authorized  to  or- 
two  months,  all  vacant  lots,  or  lots  to  which  a  claim  may  be  rejected,  der  vacant  lots  to 
and  to  sell  the  same  for  cash  to  the  highest  bidder,  subject  to  a  minimum  lie  "notice  of  *two 
of  two-thirds  of  their  estimated  value ;  and  upon  such  sales  being  made,  months, 
and  proper  returns  reported  to  the  General  Land  Office,  the  Commissioner,  After  adjudi- 
if  the  proceedings  are  found  regular,  shall  be  authorized  to  issue  patents.  c  a  *  * n  £  claims, 

SEC.  10.  And  be  it  further  enacted,  That  after  all  the  claims  shall  have  cant  lots  afl  mo- 
been  adjudicated,  surveyed,  and  the  vacant  lots  sold,  it  shall  be  the  duty  neys  received, 
of  the  proper  accounting  officers  of  the  Treasury  to  ascertain  the  net after  deducting 
amount  of  sales,  after  deducting  all  expenses  incident  to  the  execution  ^^"to^'the0  aiT 
of  this  act,  and  such  amount  shall  be  paid  over  by  the  Secretary  of  the  thorities  of  Sault 
Treasury  to  the  trustees,  or  other  constituted  authorities,  of  Salt  Ste.  Ste.  Marie,  to  be 
Marie,  to  be  expended  by  them  in  the  improvements  of  the  streets  and  expended  in  pub- 
erection  of  public  buildings,  (a) 

(a)  See  No.  534. 


No.  518. -AN  ACT  to  reduce  the  minimum  price  of  the  mineral  lands  in  the  Lake     Sept.  26, 1850. 
Superior  district  in  Michigan,  and  in  the  Chippewa  district  in  Wisconsin.  Vol.  9,  p.  472. 


Be  it  enacted,  $-c.,  That  the  mineral  lands  in  the  Lake  Superior  district     Mineral  lands 
in  Michigan,  and  in  the  Chippewa  district  in  Wisconsin,  shall  be  offered  ^Michigan  and 
for  public  sale  in  the  same  manner,  and  be  subject  to  the  same  mini-  offereTf or  sale  as 
mum  price,  and  the  same  rights  of  pre-emption  as  the  other  public  lands  other      public 
of  the  United  States;   and  such  portions  of  the  act  of   first  March, lands, 
eighteen  hundred  and  forty-seven,  "to  establish  a  land  office  in  the.  Parts   of  acts 
northern  part  of  Michigan,  and   to  provide  for  the  sale  of  the  mineral  Sed 
lands  in  the  State  of  Michigan,"  and  of  the  act  of  the  third  March, 
eighteen  hundred  and  forty-seven,  "  to  create  an  additional  land  district 
in  the  Territory  of  Wisconsin,  and  for  other  purposes,"  as  are  incon- 
sistent with  the  provisions  of  this  act,  shall  be,  and  the  same  are  hereby, 
repealed :  Provided,  hoivever,  That  the  right  given  by  those  acts  of  first    Proviso. 


218  MICHIGAN. 

and  third  March,  eighteen  hundred  and  forty-seven,  to  lessees,  occu- 
pants, and  permittees,  to  enter  to  the  extent  of  their  leases  and  permits, 
and  no  less,  shall  not  be  considered  as  impaired  by  this  act ;  but  said 
lessees,  occupants,  and  permittees  shall  be  authorized  to  enter  the  land 
covered  by  their  leases,  occupancy,  and  permits,  respectively,  as  therein 
provided,  at  the  minimum  price  fixed  by  this  act. 

Hoi der  of  a  SEC.  2.  And  be  it  further  enacted,  That  the  holder  of  a  lease  or  permit 
lease  for  more  covering  more  than  one  full  section  of  the  mineral  lands,  as  aforesaid, 
entftled^onsur!  8na11  be  entit^d,  on  the  surrender  and  annulment  of  said  lease  or  per- 
render  of  said  niit,  at  the  proper  land  office,  to  purchase,  if  he  shall  elect  to  do  so,  one 
lease  to  purchase  full  section,  and  no  more,  of  the  laud  covered  by  said  lease  or  permit,  at 
atetblminiSu°m  a  mir)imuni  Price  of  two  dollars  and  fifty  cents  per  acre,  (a) 
price.  («)  See  Xos.  458,  515,  577. 


Aug.  25, 1852.     No.  519.— AX  ACT  to  confirm  to  the  State  of  Michigan  certain  lands  selected  for 
VoL  10,  p.  30.  saline  purposes. 


Michigan selec-     Be  *'*  enacted,  $c.t  That  the  selection  and  location  by  the  State  of 
tions  of  certain  Michigan  of  the  lands  lying  in  said  State,  described  as  sections  num- 
saline  lands  con-  bered  two,  three,  four,  five,  eight,  nine,  ten,  eleven,  fourteen,  fifteen, 
twenty-one  and  twenty -two,  in  township  seven  north,  of  range  fourteen 
east,  heretofore  made  under  and  by  virtue  of  the  fourth  proposition 
contained  in  the  first  section  of  an  act  entitled  "An  act  supplementary 
to  the  act  entitled  'An  act  to  establish  the  northern  boundary  line  of 
the  State  of  Ohio,  and  to  provide  for  the  admission  of  the  State  of 
.Michigan  into  the  Union,  on  certain  conditions/  "  approved  June  twen- 
ty-third, eighteen  hundred  and  thirty-six,  be  and  the  same  are  hereby 
recognized  as  valid  and  confirmed  to  said  State,  in  lieu  of  twelve  other 
sections  which  were  incorrectly  noted  as  confirmations  under  said  act, 
by  reason  of  an  erroneous  interpretation  given,  at  the  General  Land 
Office,  to  the  original  list  of  selections,  (a) 
(a)  See  Xos.  458,  493,  516. 


Aug.  26, 1852.  IVo.  520.— AN  ACT  granting  to  the  State  of  Michigan  the  right  of  way,  and  a  do- 
VoL  10,  p.  35.  nation  of  public  land  for  the  construction  of  a  ship  canal  around  the  'Falls  of  St. 
Mary's,  in  said  State. 


Right  to  locate     Be  it  enacted,  fc.,  That  there  be,  and  is  hereby,  granted  to  said  State, 
FaTls  oVsi6  the  right  of  locating  a  canal  through  the  public  lands,  known  as  the 


granted  to  Mk     military  reservation  of  the  Falls  at  St.  Mary's  River  in  said  State  ;  and 

igan.  that  four  hundred  feet  of  land  in  -width  extending  along  the  line  of 

such  canal  be,  and  the  same  is  hereby  granted,  to  be  used  by  said  State, 

or  under  the  authority  thereof  for  the  construction  and  convenience  of 

such  canal,  and  the  appurtenances  thereto,  and  the  use  thereof  is  hereby 

vested  in  said  State  forever,  for  the  purposes  aforesaid,  and  no  other: 

Proviso  as  to  Provided,  That  in  locating  the  line  of  said  canal  through  said  military 

route-  reservation,  the  same  shall  be  located  on  the  line  of  the  survey  hereto- 

fore made  for  that  purpose,  or  such  other  route  between  the  waters 

above  and  below  said  falls,  as  under  the  approval  of  the  Secretary  of 

Size    of    the  War  may  be  selected.    And  provided  further,  That  said  canal  shall  be  at 

canal.  least  one  hundred  feet  wide,  with  a  depth  of  water  twelve  feet,  and 

the  locks  shall  be  at  least  two  hundred  and  fifty  feet  long,  and  sixty 

feet  wide. 

750,000     thon-      SEC.  2.  And  le  it  further  enacted,  That  there  be,  and  hereby  is  granted 

sand     acres     of  to  tbe  8ajd  gtate  of  Michigan,  for  the  purpose  of  aiding  said  State  in 

MMrilantoen™  constructing  and  completing  said  canal,  seven  hundred  and  fifty  thou- 

ble  it  to  construct  sand  acres  of  public  lands,  to  be  selected  in  subdivisions,  agreeably  to 

said  canal.  the  United  States  surveys,  by  an  agent  or  agents  to  be  appointed  by  the 

governor  of  said  State,  subject  to  the  approval  of  the  Secretary  of  the 

Interior,  from  any  lands  within  said  State,  subject  to  private  entry. 

Said  lands  to     SEC.  3.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted, 

otheTused  t0  D°  8ha11  be  8ubJect  to  the  disposal  of  the  legislature  of  said  State  for  the 

purposes  aforesaid  and  no  other  ;  and  the  said  canal  shall  be,  and  remain 

No  toll  to  be  a  public  highway  for  the  use  of  the  Government  of  the  United  States, 

charged    to    the  free  from  toll  or  other  charge  upon  the  vessels  of  said  Government  en- 

States.      gaged  in  the  public  service,  or  upon  vessels  employed  by  said  Govern- 

ment in  the  transportation  of  any  property  or  troops  of  the  United  States. 

Proceeds    of      SEC.  4.  And  l>e  it  further  enacted,  That  if  the  said  canal  shall  not  be 

sales  of   said  commenced  within  three  and  completed  within  ten  years,  the  said  State 


MICHIGAN.  219 

of  Michigan  shall  he  hound  to  pay  to  the  United  States,  the  amount  lands  to  be  paid 
which  may  be  received  upon  the  sale  of  any  part  of  said  lands  by  said  gtat™ Qif  sa\a  <?£ 
State  not  less  than  one  dollar  and  twenty-five  cents  per  acre,  the  title  to  nai  js  not  coin. 
the  purchasers  under  said  State  remaining'  valid.  menced  within 

SEC.  5.  And  be  it  further  enacted,  That  the  legislature  of  said  State  t^ree .and i    com- 
shall  cause  to  be  kept,  an  accurate  account  of  the  sales  and  net  proceeds  ^ears. 
of  the  lands  hereby  granted  and  of  all  expenditures  in  the  construction,     Accounts  to  be 
repairs,  and  operating  of  said  canal,  and  of  the  earnings  thereof,  and  kept  and  render- 
shall  return  a  statement  of  the  same  annually  to  the  Secretary  of  the  J^fff  nuj ^ tan£ 
Interior  ;  and  whenever  said  State  shall  be  fully  reimbursed  for  all  ad-  £ully  reimbursed 
vances  made  for  the  construction,  repairs,  and  operating  of  said  canal,  it  may  charge  a 
with  legal  interest  on  all  advances,  until  the  reimbursement  of  the  same,  toll  for  the  use  of 
or  upon  payment  by  the  United  States,  of  any  balance  of  such  advances  gj^Jrds'  only 
over  such  receipts  from  said  lands  and  canal,  with  such  interest,  the  said  enough  to  keep  it 
State  shall  be  allowed  to  tax  for  the  use  of  said  canal,  only  such  tolls  as  in  repair,  &c. 
shall  be  sufficient  to  pay  all  necessary  expenses  for  the  care,  charge,  and 
repairs  of  the  same. 

SEC.  6.  And  be  it  further  enacted,  That  before  it  shall  be  competent    Route    of   the 
for  said  State  to  dispose  of  any  of  the  lands  to  be  selected  as  aforesaid,  f^edam!6  fifed 
the  route  of  said  canal  shall  be  established  as  aforesaid,  and  a  plat  or  Before  said  lands 
plats  thereof  shall  be  filed  in  the  office  at  the  War  Department,  and  a  can  be  sold, 
duplicate  thereof,  in  the  office  of  the  Commissioner  of  the  General 
Land  Office. 


No.  521.— AN  ACT  for  the  relief  of  Sidney  S.  Alcott.  Jan.  13, 1853. 

VoL  10,  p.  743. 

Be  it  enacted,  #c  ,  That  Sidney  S.  Alcott  be,  and  he  is  hereby  author : 

ized  to  enter,  within  twelve  months  after  the  passage  of  this  act,  with     ^  allowed,    to 
the  register  of  the  land  office  at  Ionia,  in  the  State  of  Michigan,  the  enter  a    certain 
southeast  quarter  of  section  thirty-four,  township  two  north,  of  range  quantity  of  lands, 
five  west;  or  in  case  the  same  has  already  been  entered,  then  the  same 
quantity  of  land  belonging  to  the  United  States  subject  to  entry  in  said 
district,  which  shall  be  in  full  of  all  claims  by  said  Alcott  against  the 
United  States  for  and  on  account  of  the  sum  of  two  hundred  dollars 
paid  to  the  receiver  of  said  office  for  land,  in  December,  eighteen  hun- 
dred and  thirty-six,  for  which  he  has  received  no  equivalent. 


No.  522.— AN  ACT  establishing  a  land  office  in  the  lower  peninsula  of  Michigan.     April  20,  1854. 
Be  it  enacted,  #c.,  That  all  those  parts  or  portions  of  the  lower  penin- 


sula of  the  State  of  Michigan  which  is  situated  north  of  the  line  which     Land    district 
divides  townships  twenty  (20)  and  twenty-one  (21)  and  all  the  portion  of  of  public  lands 
the  upper  peninsula  which  lies  south  of  the  line  dividing  townships  forty- 
one  (41)  and  forty-two,  (42)  and  west  of  range  twelve  (12)  west,  together 
with  all  the  islands  in  Green  Bay,  the  straits  of  Mackinac,  and  Lakes 
Huron  and  Michigan,  which  are  situated  north  of  the  township  line  first 
herein  mentioned,  and  within  the  limits  of   said  State  exclusive  of 
Drummond's  Island  and  its  islets,  be,  and  the  same  is  hereby,  included 
in  a  land  district  to  be  called  the  Cheboygan  land  district ;  and  for  the     Cheboygandis- 
sale  of  the  lands  in  said  district  there  shall  be  a  land  office  established  at  **!§£  . ,    .   .   ,, 
such  point  therein  as  the  President  shall  select.  estabUsha  land 

SEC.  2.  And  le  it  further  enacted,  That  the  President,  by  and  with  the  office  therein, 
advice  and  consent  of  the  Senate,  shall  appoint  one  register  and  one  re-    President     to 
oeiver  for  the  land  office  in  said  district,  who  shall  reside  at  the  place  appoint  a  register 
designated  for  the  land  office,  receive  such  compensation,  give  security,  8ai(1  district, 
and  discharge  all  duties  pertaining  to  such  office,  as  are  prescribed  by    Powers,  duties, 
law.  (a)  and    compeusa- 

(a)  See  Nos.  196, 197, 455, 465,  467,  469,  480,  484, 486,  490a,  503,  515, 525a,  529, 536. 


No.  523.— AN  ACT  authorizing  Victor  Morass  to  relinquish  certain  lands,  and  to     July  27,  1854. 
enter  the  same  quantity  elsewhere.  Vol.  10,  p.  797. 

Be  it  enacted,  £c.,  That  Victor  Morass  be,  and  he  is  hereby,  authorized  victor  Morass 
to  enter,  without  payment  therefor,  at  any  United  States  land  office  in  authorized  to  en- 
the  State  of  Michigan,  two  hundred  and  eighty  acres  of  land,  the  same  ter  280  acres  of 
to  be  entered  in  legal  subdivisions,  and  on  any  land  subject  to  private  land  without 
entry  at  said  offices,  and  not  covered  by  any  preemption  right :  Provided,  Payment 


220  MICHIGAN. 

Proviso.  That  before  the  said  Victor  Morass  shall  have  the  benefit  of  the  pro- 

visions of  this  act,  he  shall  file  with  the  Secretary  of  the  Interior,  in  such 
form  as  shall  be  prescribed  by  said  Secretary,  goo  1  and  sufficient  deed 
Certain  release  Or  deeds  of  release  to  the  United  States,  executed  by  himself,  and  all 
«d^)C  fi7j_ex6Cut"  persons  having  rights  thereto  through  or  under  him,  of  all  the  premises 
mentioned  and  described  in  the  Report  of  the  Commissioners  on  Land 
Claims  in  Michigan  as  claim  "  No.  1,"  in  "  Book  5,"  in  the  u  American 
State  Papers,"  "  Public  Lands,"  volume  four,  page  seven  hundred  and 
ninety-eight ;  which  claim  was  confirmed  to  said  Morass  by  "An  act  to 
confirm  certain  claims  to  lands  in  the  Territory  of  Michigan,"  approved 
April  seventeen,  eighteen  hundred  and  twenty- eight. 


July  27,  1854.  No.  524.— AX  ACT  for  the  relief  of  Joseph  Campari. 

VoLio,p.828.        Be  it  enactfd^  cj.C(>  That  the  Commissioner  of  the  General  Land  Office 

Patent    to   be  cause  a  patent  to  be  issued  to  Joseph  Campau,  for  the  tract  of  land  lying 

issued  to  J.  Cam-  jn  township  number  six  north,  of  range  seventeen  east,  in  the  State  of 

Pand    in  ^ch?  Michigan,  and  described  as  follows,  to  wit:  sixteen  arpens  by  forty 

gan.  French  measure,  commencing  at  a  point  on  the  south  border  of  the  river 

Au  Delude,  about  two  miles  from  its  confluence  with  the  river  St.  Clair, 

and  thence  up  stream,  upon  said  river  Delude,  sixteen  arpens;  at  right 

angles  with  the  said  river  Delude,  to  the  distance  of  forty  arpens ;  thence 

in  rear  sixteen  arpens ;  thence  to  the  place  of  beginning  by  a  line  of  forty 

arpens  in  length. 

SEC.  2.  And  be  it  further  enacted,  That  if  the  above  description  be  not 
sufficiently  definite,  as  to  determine  the  precise  boundaries  of  the  said 
lands,  the  said  Commissioner  shalljcause  the  said  tract  of  land  to  be  sur- 
veyed without  delay,  and  upon  the  filing  of  the  said  survey,  together  with 
"When     to   be  a  plat  thereof,  in  the  proper  office,  the  said  Commissioner  shall  causetobe 
surveyed.  issued  to  the  said  Joseph  Campau  a  patent  for  the  lands  so  described 

Proviso  me' in  ?uch  8urvey  :  Provided,  That  this  act  shall  only  be  construed  to  be  a 
relinquishment  on  the  part  of  the  United  States,  and  shall  not  interfere 
with  the  rights  of  third  persons,  (a) 

(a)  See  Nos.  506,  50a 


Feb.  21,  1855.  No.  525.— AX  ACT  for  the  relief  of  Henry  H.  Marsh. 

VoL  10,  p.  857. 

Beit  enacted,  $-c.,  That  Henry  H.  Marsh  be,  and  he  is  hereby,  author- 
'  to  relinquish  to  the  United  States  the  east  half  of  the  northeast 
of  section  number  four,  of  township  number  eight  south,  of 


apply 
86 


. 

certain  land,  and  range  number  thirteen  west,  in  the  district  of  lands  subject  to  sale  at 
the   pur-  Kalamazoo,  in  the  State  of  Michigan,  entered  by  him  by  mistake,  on  or 
to  about  tne  twenty-  first  day  of  July,  eighteen  hundred  and  thirty-six,  and 
to  apply  the  money  paid  for  said  tract  to  the  purchase  of  any  other 
lands  that  may  be  subjected  to  entry  at  private  sale,  at  the  minimum 
price  of  one  dollar  and  twenty-five  cents  per  acre. 


April  5, 1856.     No.  525a.— AX  ACT  to  continue  temporarily  the  land  offices  at  Kalamazoo,  in  the 
VoL  11,  p.  2.  State  of  Michigan,  and  at  Palmyra,  in  the  State  of  Missouri. 


Land  office  and     Be  it  enacted,  <fc..  That  the  offices  of  the  register  and  receiver  of  the 
officers     contin-  ]anfi  office  at  Kalamazoo,  in  the  State  of  Michigan,  and  the  office  itself, 
zoo  Michigan11*  8hali  be  continued  until  such  time  as,  in  the  opinion  of  the  President,  the 
same  can  be  discontinued  without  prejudice  to  the  public  interests. 
And  that  until  that  time,  the  act  of  Congress  approved  June  twelfth, 
eighteen  hundred  forty,  shall  not  apply  to  the  said  office  or  officers. 
Pay  of  officers.      SEC.  2.  And  be  it  further  enacted,  That  the  compensation  of  the  said 
register  and  receiver  shall  be  allowed  them  agreeably  to  law,  during  the 
time  of  discontinuance  under  the  existing  order,  (a) 

Same     provis-      SEC.  3.  And  be  it  further  enacted,  That  the  provisions  of  section  one  and 
ions  as  to  Pal-  two  of  tni8  act  are  hereby  made  applicable  to  the  land  office  at  Palmyra, 
'   in  the  State  of  Missouri,  and  the  register  and  receiver  thereof, 
(a)  See  Nos.  196, 197,  455,  465, 467,  469,  480,  484, 486,  490a,  503,  515,  522,  529, 536. 


MICHIGAN.  221 

ro.  526.— AN  ACT  making  a  grant  of  alternate  sections  of  the  public  lands,  to  June  3,  1856. 

the  State  of  Michigan,  to  aid  in  the  construction  of  certain  railroads  in  said  State,  Vol.  11,  p.  21. 
and  for  other  purposes. 


Be  it  enacted,  $-c.}  That  there  be  and  hereby  is  granted  to  the  State  of     Grant  of  land 
Michigan,  to  aid  in  the  construction  of  railroads  from  Little  Bay  de  to  Michigan  for 
Noquet  to  Marquette,  and  thence  to  Ontonagon,  and  from  the  two  last 
named  places  to  the  Wisconsin  State  line ;  and  also  from  Amboy,  by 
Hillsdale  and  Lansing,  and  from  Grand  Rapids  to  some  point  on  or  near 
•averse  Bay ;  also  from  Grand  Haven  and  Pere  Marquette  to  Flint, 
d  thence  to  Port  Huron,  every  alternate  section  of  land  designated  by 
d  numbers ;  for  six  sections  in  width  on  each  side  of  each  of  said 
ads ;  but  in  case  it  shall  appear  that  the  United  States  have,  when  the    Grant  in  lieu  of 
nes  or  routes  of  said  roads  are  definitely  fixed,  sold  any  section  or  any  sections  sold  or 
thereof  granted  as  aforesaid,  or  that  the  right  of  preemption  has  Pre-empted. 
ihed  to  the  same,  then  it  shall  be  lawful  for  any  agent  or  agents,  to 
appointed  by  the  governor  of  said  State,  to  select,  subject  to  the 
proval  of  the  Secretary  of  the  Interior,  from  the  lands  of  the  United 
,ates  nearest  to  the  tiers  of  sections  above  specified,  so  much  land  in 
ternate  sections  or  parts  of  sections  as  shall  be  equal  to  such  lands  as 
United  States  have  sold  or  otherwise  appropriated,  or  to  which  the 
,ht  of  preemption  has  attached  as  aforesaid;    which  lands  (thus 
ected  in  lieu  of  those  sold,  and  to  which  preemption  rights  have 
ached  as  aforesaid,  together  with  the  sections  and  parts  of  sections 
ignated  by  odd  numbers  as  aforesaid,  and  appropriated  as  aforesaid) 
all  be  held  by  the  State  of  Michigan  for  the  use  and  purpose  afore- 
id :  Provided,  That  the  lands  to  be  so  located  shall  in  no  case  be  fur- 
er  than  fifteen  miles  from  the  lines  of  said  roads,  and  selected  for, 
d  on  account  of  each  of  said  roads ;  Provided  further,  That  the  lands     Land  how  ap- 
by  granted  shall  be  exclusively  applied  in  the  construction  of  that  plied. 
L  for  and  on  account  of  which  such  lands  are  hereby  granted,  and 
1  be  disposed  of  only  as  the  work  progresses,  and  the  same  shall  be 
lied  to  no  other  purpose  whatsoever :  And  provided  further,  That  any     Act  not  to  ap- 
.  all  lands  heretofore  reserved  to  the  United  States  by  any  act  of  ply  to   reserva- 
ongress,  or  in  any  other  manner,  by  competent  authority,  for  the  pur-  tions    except  as 
_  ose  of  aiding  in  any  object  of  internal  improvement,  or  for  any  other     rig 
purpose  whatsoever,  be  and  the  same  are  hereby  reserved  to  the  United 
States  from  the  operations  of  this  act,  except  so  far  as  it  may  be  found 
necessary  to  locate  the  routes  of  said  railroads  through  such  reserved 
lands,  in  which  case,  the  right  of  way  only  shall  be  granted,  subject  to 
the  approval  of  the  President  of  the  United  States. 

SEC.  2.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec-    Price  of  alter- 
tions  of  land  which,  by  such  grant,  shall  remain  to  the  United  States,  »  ate     sections 
within  six  miles  on  each  side  of  each  of  said  roads,  shall  not  be  sold  for  doukled. 
less  than  double  the  inimimum  price  of  the  public  lands  when  sold ; 
nor  shall  any  of  said  lands  become  subject  to  private  entry  until  the 
same  have  been  first  offered  at  public  sale  at  the  increased  price,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted    Object    of 
to  the  said  State,  shall  be  subject  to  the  disposal  of  the  legislature  grant, 
thereof,  for  the  purposes  aforesaid  and  no  other ;  and  the  said  railroads    Railroads  to  be 
shall  be  and  remain  public  highways  for  the  use  of  the  Government  of  a  public  highway 
the  United  States,  free  from  toll  or  other  charge  upon  the  transportation  ±01 
of  any  property  or  troops  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to    Lands  how  dis- 
said  State  shall  be  disposed  of  by  said  State  only  in  manner  following,  posed  of. 
that  is  to  say  :  That  a  quantity  of  land  not  exceeding  one  hundred  and 
twenty  sections  for  each  of  said  roads,  and  included  within  a  continuous 
length  of  twenty  miles  of  each  of  said  roads,  may  be  sold  f  and  when 
the  governor  of  said  State  shall  certify  to  the  Secretary  of  the  Interior 
that  any  twenty  continuous  miles  of  any  of  said  roads  is  completed, 
then  another  quantity  of  land  hereby  granted,  not  to  exceed  one  hun- 
dred and  twenty  sections  for  each  of 'said  roads  having  twenty  contin- 
uous miles  completed  as  aforesaid,  and  included  within  a  continuous  , 
length  of  twenty  miles  of  each  of  such  roads  may  be  sold;  and  so  from 
time  to  time  until  said  roads  are  completed ;  and  if  any  of  said  roads 
is  not  completed  within  ten  years  no  further  sales  shall  be  made,  and 
the  lands  unsold  shall  revert  to  the  United  States.  (&) 

SEC.  5.  And  be  it  further  enacted,  That  the  United  States  mail  shall     Transportation 
be  transported  over  said  roads,  under  the  direction  of  the  Post-Office  of  mails. 
Department,  at  such  price  as  Congress  may,  by  law,  direct :  Provided, 


222  MICHIGAN. 

That  until  such  price  is  fixed  by  law,  the  Postmaster-General  shall  have 
the  power  to  determine  the  same. 

(a)  See  Xos.  85, 197,  455,  467,  480,  503,  515,  535,  574,  575,  583,  584. 

(6)  See  Nos.  531,  535,  538,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  569, 573, 575,  593,  594. 


Aug.  16,  1856.  No.  527.— AN  ACT  for  the  relief  of  Joseph  Smith. 

Yol.  11,  p.  466.  Be  it  enacted)  j,Ct)  That  Joseph  gmith  is  hereby  authorized  to  locate, 
Joseph  Smith  free  of  cost,  one  hundred  and  sixty  acres  of  land,  according  to  the  le- 
authoilzed  to  lo-  gai  subdivisions,  on  any  of  the  public  lands  of  the  United  States  sub- 
land  hflfeT^ofaJ60*  to  private  entry,  in  lieu  of  a  location  made  by  the  said  Smith  on 
canceled  loca-  the  west  half  of  the  southwest  quarter  of  section  twenty-five,  and  the 
tion.  east  half  of  the  southwest  quarter  of  section  twenty-six,  in  the  town- 

ship seven  south,  of  range  fifteen  west,  in  the  Kalamazoo  land  district, 
in  the  State  of  Michigan,  as  assignee  of  military  land-warrant  number 
fifty-five  thousand  and  ninety-nine,  and  which  location  was  cancelled 
by  the  Commissioner  of  the  General  Land  Office. 

Patent  to  issue.  SEC.  2.  And  be  it  further  enacted,,  That  the  Commissioner  of  the  Gen- 
eral Land  Office,  upon  the  receipt  of  the  certificate  of  location  from 
the  register  of  the  proper  land  office,  shall  issue  a  patent  to  the  said 
Joseph  Smith,  for  the  lands  so  located. 


March  2, 1857.  No.  528.— An  act  for  the  relief  of  the  heirs  of  Jacques  Godfrey. 

— '-     Be  it  enacted,  £c.,  That  a  patent  be  and  the  same  is  hereby  directed 


Land  patent  to  to  be  issued  to  the  heirs  of  Jacques  Godfroy,  for  a  second  concession, 
f  (numbered  nineteen,)   in  rear  of  the  front  grant  on   Detroit  River, 
"  patented  to  said  heirs  July  twenty- four,  eighteen  hundred  and  eleven, 
according  to  the  survey  of  said  second  concession  made  by  deputy  sur- 
veyor Joseph  Fletcher,  in  July,  eighteen  hundred  and  twenty-two,  and 
returned  into  the  land  office  by  the  surveyor-general,  and  contained  in 
the  patent  certificate  numbered  three  hundred  and  thirteen,  issued  by 
the  register  of  the  land  office  at  Detroit,  dated  April  sixteen,  eighteen 
hundred  and  fifty-five. 


May  11,  1858.     No.  529.— AN  ACT  to  enlarge  the  Detroit  and  Saginaw  land  districts  in  Michigan. 

— -     Be  it  enacted  $c.,  That  all  that  part  of  the  present  Cheboygan  district, 

Part     of     the  in  the  State  of  Michigan,  which  lies  south  of  the  line  dividing  town- 

Cheboygan    dis-  8nip8  twenty-eight  and  twenty-nine  north,  and  east  of  the  line  divid- 

Detroit  and°part  ^QS  ranges  two  and  three  west,  shall  be  attached  to  and  form  a  part  of 

to  the'  Saginaw  the  present  Saginaw  district,  and  all  that  part  of  the  said  Cheboygan 

district.  district  which  lies  north  of  the  line  dividing  townships  twenty-eight 

and  twenty-nine  north,  and  east  of  the  line  dividing  ranges  one  and 

two  west,  (a)  including  the  island  of  Mackinac,  be  attached  to  aiM. 

form  a  part  of  the  Detroit  district,  in  said  State.  (6) 

"When  act  takes     SEC.  2.  And  be  it  further  enacted,  That  this  act  take  effect  from  and 
effect.  after  the  first  day  of  July  next. 

(a)  See  No.  530. 

(b)  See  Nos.  196,  197,  455,  465,  467,  469,  480,  484,  486,  490a,  503,  515,  522,  S25a,  536. 


June  2  1858       Wo.  530.— A  RESOLUTION  to  correct  an  error  in  a  certain  act  approved  May 
Vol.  1 1,  p.  370.  eleventh,  eighteen  hundred  and  fifty-eight. 


True    western     Resolved,  $~c.,  That  an  error  in  the  act  approved  May  eleventh,  eighteen 
boundary  of  De- hundred  and  fifty-eight,  entitled  "An  act  to  enlarge  the  Detroit  and 
troit  district.        Saginaw  land  districts  in  the  State  of  Michigan."  be  corrected,  by  ex- 
tending the  limits  of  that  portion  of  the  Cheboygan  district  which  has 
been  attached  to  the  Detroit  district,  to  the  line  dividing  ranges  two 
and  three  west,  instead  of  one  and  two  west,  the  former  being  the  line 
intended  by  the  Department  as  the  western  boundary  of  the  addition  to 
the  Detroit  district,  (a) 
(a)  See  No.  5-29. 


MICHIGAN.  223 

No,  531.— AN  ACT  granting  the  right  of  way  over,  and  depot  grounds  on,  the  mili-     Feb.  8, 1859. 
tary  reserve  at  Fort  Gratiot,  in  the  State  of  Michigan,  for  railroad  purposes.  Vol.  11,  p.  381. 


Be  it  enacted,  tfc.,  That  the  right  of  way  through  and  the  privilege  of    Eight  of  way 
constructing  depots  and  workshops  on  the  public  lands  of  the  United  granted. 
States  lying  in  the  county  of  St.  Clair,  State  of  Michigan,  commonly 
called  the  Fort  Gratiot  military  reservation,  be,  and  the  same  is  hereby, 
granted  to  any  railroad  company  or  companies  which  may  construct  a 
railroad  or  railroads  from  the  city  of  Detroit,  or  any  other  place  in  said 
State,  to  or  near  the  village  of  Port  Huron,  in  said  State:  (a)  Provided,    Proviso. 
That  in  the  opinion  of  the  President  of  the  United  States  such  grant 
or  grants  be  not  injurious  to  the  purposes  of  public  defence,  and  that 
the  location  of  said  buildings  on,  and  such  road  or  roads  as  to  position 
and  width  through  said  reservation,  and  the  price  of  the  land  to  be  so 
occupied,  being  first  determined  by  the  Secretary  of  War,  be  approved 
by  the  President :  And  provided,  further,  That  if  the  price  of  such  grant     Proviso:  in 
or  grants  be  not  paid  within  thirty  days  after  the  approval  of  the what  °as*es    *£* 
President,  or  if  either  of  said  roads  shall  not  be  completed  within  three  fe^ined 
years,  or  if,  at  any  time  after  its  completion,  it  shall  be  discontinued, 
the  grant  shall  cease  and  determine  as  to  such  road :  And  provided,  further,     Proviso,  as  to 
That  all  the  buildings  to  be  erected  upon  said  reservation  shall  be  of  buildings, 
wood,  and  if,  at  any  time,  it  should  be  deemed  expedient  by  the  com- 
manding officer  of  Fort  Gratiot,  or  by  any  other  higher  military  au- 
thority, to  destroy  such  buildings  by  fire  or  otherwise,  no-claim  shall  be 
made  against  the  United  States  for  damages.  (&) 

(a)See]Sros.  526,  535,  538,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  569,  573,  575,  593, 

594. 
(b)  See  JTos.  533,  546,  551,  555,  558,  559,  576,  578,  580,  594. 

No 

r» 


No.  532.— AN  ACT  authorizing  the  courts  to  adjudicate  the  claim  of  the  legal  rep-  April  19, 1860. 
resentatives  of  the  Sieur  de  Bonne  and  of  the  Chevalier  de  Kepentigny  to  certain  "Vol.  12,  p.  838. 
land  at  the  Sault  Ste.  Marie,  in  the  State  of  Michigan. 


Be  it  enacted,  <f  c.,  That  the  legal  representatives  of  the  Sieur  de  Bonne     The  legal  rep- 
and  of  the  Chevalier  de  Repentigny  be,  and  they  are  hereby,  authorized  resentatives     of 
to  present  their  petition  to  the  United  States  district  court  for  the  dis-  andtheC^evS 
trict  of  Michigan,  setting  forth  the  nature  of  their  claim  to  certain  land  de     Repentigny 
at  the  Sault  Ste.  Marie,  in  the  State  of  Michigan,  under  an  alleged  may  institute  a 
grant,  in  seventeen  hundred  and  fifty,  from  the  governor  and  lieuten-  8ui^  .to   recover 
ant-general  and  from  the  intendant-general  of  New  France,  now  Can-  MTchiganTn  the 
ada,  with  evidence  in  support  of  their  claim,  stating  the  names,  as  near  Federal  courts  of 
as  may  be,  of  all  persons  claiming  adversely,  and  praying  that  the  vali-  that  State. 
dity  of  the  title  may  be  inquired  into  and  decided  under  the  laws  of 
nations,  the  laws,  usages,  and  customs  of  the  country  from  which  the 
same  was  derived,  and  the  treaties  and  laws  of  the  United  States;  and 
the  said  court  is  hereby  authorized  to  examine  the  same,  and,  in  adju- 
dicating the  question  of  the  validity  of  the  title  as  against  the  United 
States,  to  be  governed  by  the  laws  of  nations  and  of  the  country  from 
which  the  title  was  derived,  and  also  by  the  principles,  so  far  as  they 
are  applicable,  which  are  recognized  in  the  act  of  Congress  approved 
the  twenty -sixth  May,  eighteen  hundred  and  twenty- four,  "enabling 
the  claimants  to  lands  within  the  limits  of  the  State  of  Missouri  and 
Territory  of  Arkansas  to  institute  proceedings  to  try  the  validity  of  the 
same;"  and  the  district  attorney  is  hereby  directed  to  proceed,  in  de-     District  attor- 
fence  of  the  interests  of  the  United  States  in  all  things,  as  required  and  f^^gf  end  the 
directed  by  the  aforesaid  act  of  twenty-sixth  May,  eighteen  hundred  rjnited  States. 
and  twenty -four:  Provided,  That  suit  shall  be  instituted  by  the  claim-     Suit    to   'be 
ants  within  two  years  from  the  passage  of  this  act,  and  that  an  appeal  brought     within 
may  be  taken,  either  by  the  claimants  or  the  United  States,  to  the  Su-    BiSS^art 
preme  Court  of  the  United  States  within  one  year  from  the  date  of  the  may    appeal    to 
rendition  of  the  decree  of  the  district  court  aforesaid.  Supreme  Court. 

SEC.  2.  And  le  it  further  enacted,  That  in  the  case  of  a  final  decision     if  decision  of 
under  this  act  against  the  validity  of  the  said  claim,  or  in  case  of  the 
failure  of  claimants  to  prosecute  it  within  the  period  specified,  the  said 
claim  shall  be  held  forever  barred,  both  in  law  and  equity;  but  in  the 
case  of  a  final  decree  in  favor  of  the  validity  of  the  grant,  it  shall  not     If  in    f*avor 
be  construed  to  affect  or  in  any  way  impair  any  adverse  sales,  claims,  thereof, 
or  other  rights  which  have  been  recognized  by  the  United  States  within 
the  limits  of  the  said  claim,  or  which,  under  any  law  of  the  United 
States  may  have  heretofore  been  brought  to  the  notice  of  the  land  com- 


224  MICHIGAN. 

mission ers  or  of  the  land  officers  in  Michigan,  or  any  of  the  land  granted 
to  the  State  of  Michigan,  or  occupied  by  it,  for  the  Sault  Ste.  Marie 
Canal,  its  tow-path  and  appurtenances,  but  for  the  area  of  any  such 
adverse  claims  the  legal  representatives  of  the  said  De  Bonne  and  Re- 
pentigny  shall  receive  from  the  Commissioner  of  the  General  Land 
Office  warrants  authorizing  them  or  their  assigns  to  enter  any  other 
lands  belonging  to  the  United  States,  and  subject  to  entry  at  private 
sale  at  one  dollar  and  twenty-five  cents  per  acre,  which  warrants  shall 
be  for  sections  or  legal  subdivisions  of  sections,  at  the  option  of  the 
parties  entitled  to  receive  them,  (a) 

(a)  See  Nos.  197,  454,  455,  457,  461, 464,  466,  474,  514. 


June  22,  1860.  No.  533.— AN  ACT  to  grant  to  the  city  of  Port  Huron,  Michigan,  a  part  of  the  mili- 
Vol.  12  p.  83.  tary  reservation  of  Fort  Gratiot,  for  the  enlargement  of  the  city  cemetery  at  that 
place. 


Part  of    mili-     Be  it  enacted,  $c.,  That  the  Secretary  of  War  be,  and  he  is  hereby,  au- 

tary  reservation  thorized  and  required  to  convey  to  the  city  of  Port  Huron,  Michigan, 

granted  to  Port  of  tne  military  reservation  of  Fort  Gratiot,  a  lot  not  to  exceed  thirty 

cemetery.    '      &  acres>  to  be  taken  from  the  land  adjoining  the  city  cemetery  and  to  be 

used  for  its  enlargement  and  for  no  other  purpose,  so  far  and  under 

such  conditions  and  reservations  as  in  the  opinion  of  the  Secretary  of 

War  the  public  interest  present  or  prospective  may  require,  (a) 

(a)  See  Nos.  531,  546,  551,  555,  558,  559,  576,  578,  580,  594. 


June  22, 1860.        No.  534.— AN  ACT  in  relation  to  mission  claims  at  Sanlt  Ste.  Marie,  Michigan. 
Be  it  enacted,  $-c.,  That  the  missionary  claims  referred  to  in  the  fourth 


Missionary  section  of  the  act  of  twenty-sixth  September,  eighteen  hundred  and 
^  c011- fifty,  entitled  "An  act  providing  for  the  examination  and  settlement 
of  claims  for  land  at  the  Sault  Ste.  Marie,  Michigan,"  and  reported  upon 
by  the  register  and  receiver  at  Sault  Ste.  Marie,  pursuant  to  said  act, 
shall  be  entitled  to  recognition  and  confirmation  in  the  same  manner 
and  on  the  same  terms  as  claims  of  individuals  therein  provided  for; 
and  upon  the  final  approval  of  the  said  claims,  as  provided  in  the  eighth 
section  of  the  act  aforesaid,  patents  shall  be  issued  therefor,  (a) 

(a)  See  No.  517. 

July  5,  1862.       No.  535.— JOINT  RESOLUTION  relative  to  a  certain  grant  of  land  for  railroad 
VoL  12,  p.  620.  purposes  made  to  the  State  of  Michigan  in  eighteen  hundred  and  fifty-six. 


Words  "  Wia-  Resolved,  £c.,  That  the  words  "  Wisconsin  State  line,"  in  the  first  sec- 
consin  State  tion  of  an  act  entitled  "An  act  making  a  grant  of  lands  to  the  State  of 
line, "in  act  1856,  Michigan,  in  alternate  sections,  to  aid  in  the  construction  of  railroads 
Sed  'U'  in  8aid  State,"  approved  June  third,  eighteen  hundred  and  fifty-six, 

shall,  without  forfeiture  to  said  State  or  its  assigns  of  any  rights  or 
benefits  under  said  act,  or  exemption  from  any  of  the  conditions  or 
obligations  imposed  thereby,  be  construed  to  authorize  the  location  of 
the  line  of  railroad  provided  for  in  said  act  from  Marquette,  on  Lake 
Superior,  to  the  Wisconsin  State  line,  upon  any  eligible  route  from  the 
township  of  Marquette  aforesaid,  to  a  point  on  the  Wisconsin  State  line, 
near  the  mouth  of  the  Menomonee  River,  and  touching  at  favorable 
points  on  Green  Bay,  with  a  view  of  securing  a  railroad  available  for 
military  purposes  from  Green  Bay  to  the  waters  of  Lake  Superior.  And 
Line  now  lo-  the  line  of  railroad  as  now  located  in  pursuance  of  said  act  from  Mar- 
Chted  Admay  be  quette  to  tue  Wisconsin  State  line,  according  to  the  records  of  the  Gen- 
eral Land  Office,  is  hereby  authorized  to  be  changed  so  as  to  conform  to 
the  route  above  indicated ;  which  line,  when  surveyed  and  the  maps 
and  plans  thereof  filed  in  the  proper  office,  as  required  under  said  act 
of  June  third,  eighteen  hundred  and  fifty-six,  shall  confer  the  same 
rights  upon  and  benefits  to  the  State  of  Michigan  and  its  assigns  in 
said  new  line,  as  though  the  same  had  been  originally  located  under 
said  act.  (a) 

Provisions    of     SEC.  2.  And  be  it  further  resolved,  That  the  provisions  of  an  act  of 
i°d  I852'  6X  Congress,  approved  August  fourth,  eighteen   hundred  and  fifty-two, 
entitled  "An  act  to  grant  the  right  of  way  to  all  rail  and  plank  roads 
and  McAdamized  turnpikes  passing  through  the  public  lands  belonging 


MICHIGAN.  225 

to  the  United  States,"  be,  and  the  same  are  hereby,  extended  so  as  to  be 
applicable  to  the  new  line  of  railroad  so  as  above  to  be  located :  Pro-     Proviso. 
vicled,  The  same  shall  be  commenced  within  two  years  from  the  fourth 
day  of  August,  eighteen  hundred  and  sixty-two,  and  shall  be  completed 
within  five  years  thereafter. 

SEC.  3.  And  be  it  further  resolved,  That  the  Secretary  of  the  Interior    Price  of  land 
be,  and  he  is  hereby,  authorized  to  cause  all  even  sections  or  parts  of  bordering  on  rail- 
even  sections  of  public  lands  that  may  be  brought  within  six  miles  of  ro 
the  new  line  of  railroad,  as  herein  provided  for,  to  be  sold  at  the  same 
price  and  in  the  same  manner  those  have  or  might  have  been,  according 
to  the  said  act  of  June  third,  eighteen  hundred  and  fifty- six,  upon  the 
originally  located  route  of  railroad.    And  all  purchasers,  or  their  heirs     Purchasers  on 
or  assigns,  within  the  six-mile  limits  of  said  originally  located  route,  old  line  may  ex- 
who  shall  be  more  than  six  miles  from  the  new  line  of  route  hereby  cnanSe  lands, 
authorized,  and  who  have  paid  the  sum  of  two  dollars  and  fifty  cents 
an  acre,  shall  have  the  right  either  to  exchange  their  locations  upon 
the  line  as  first  established  to  the  new  line  upon  the  same  terms,  in  like 
quantities,  and  in  the  same  manner,  as  on  the  line  first  established,  as 
aforesaid,  or  at  their  option  to  enter,  without  further  payment,  any- 
where within  the  Marquette  land  district,  in  the  State  of  Michigan,  or 
that  of  the  Grand  Traverse  land  district,  in  said  State,  lying  north  or 
west  of  Lake  Michigan,  an  additional  quantity  of  public  lands  subject 
to  private  entry,  at  one  dollar  and  twenty-five  cents  an  acre,  equal  to 
the  quantity  entered  by  them  at  two  dollars  and  fifty  cents  per  acre,  so 
that  the  lands  originally  entered  by  them  shall  be  thus  reduced  to  the 
rate  of  one  dollar  and  twenty- five  cents  an  acre. 

SEC.  4.  And  be  it  further  resolved,  That  the  even   sections  of  public     Public  lands  on 
lands  reserved  to  the  United  States  by  the  aforesaid  act  of  June  third,  old    line    to  be 
eighteen  hundred  and  fifty-six,  along  the  originally  located  route  of  the  jjjjj  for  $1>25  Per 
Marquette  and  Wisconsin  State  Line  Railroad  Company,  except  where 
such  sections  shall  fall  within  six  miles  of  the  new  line  of  road  so  as 
aforesaid  proposed  to  be  located,  and  along  which  no  railroad  has  been 
constructed,  shall  hereafter  be  subject  to  sale  at  one  dollar  and  twenty- 
five  cents  per  acre.  (&)     . 

SEC.  5.  And  be  it  further  resolved,  That  upon  the  filing  in  the  General  Eights  of  the 
Land  Office  of  the  lists  of  said  railroad  lands,  in  whole  or  in  part,  as  State  of  Mich- 
now  selected  and  certified  in  the  General  Land  Office,  with  the  certificate  m 

of  the  governor  of  the  State  of  Michigan,  under  the  seal  of  the  State, 
that  said  State  and  its  assigns  surrender  all  claim  to  the  lands,  as  afore- 
said, set  forth  and  described  in  the  lists  thereof  thus  certified,  and  that 
the  same  have  never  been  pledged  or  sold  or  in  anywise  encumbered, 
then  the  State  of  Michigan  or  its  assigns  shall  be  entitled  to  receive  a 
like  quantity  of  land,  selected  in  like  manner,  upon  the  new  line  of 
road  as  thus  surrendered  upon  the  first  line,  and  to  the  extent  of  six 
sections  per  mile  in  the  aggregate  for  every  mile  of  the  new  line,  accord- 
ing to  the  general  provisions  of  the  act  of  June  third,  eighteen  hundred 
and  fifty-six.  And  it  shall  be  the  duty  of  the  Commissioner  of  the 
General  Land  Office  to  reoffer  for  public  sale,  in  the  usual  manner,  the 
lands  embraced  in  the  lists  of  surrendered  lands  aforesaid,  when  duly 
filed  in  his  office,  as  herein  directed. 


• 


(a)  See  Nos.  526,  531,  538,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  569,  573,  575,  593, 

594. 
)  See  Nos.  85, 197,  455,  467,  480,  503,  515,  52£,  574,  575,  583,  584. 


No.  536.— AN  ACT  to  enlarge  the  Lake  Superior  land  district,  in  the  State  of  Mich-     July  16,  1862. 

igan.  Vol.  12,  p.  587. 

Beit  enacted,  $c.,  That  all  that  portion  of  the  present  "Cheboygan     Part    of    Che- 
district,"  in  the  State  of  Michigan,  lying  west  of  Lake  Michigan  and  boygan     district 
south  of  the  line  dividing  townships  forty-one  and  forty-two  north, in-  gJfSerior 
eluding  Saint  Martin's  and  the  adjacent  islands  near  the  entrance  to  trict. 
"  Big  Bay  De  Noc,"  now  forming  a  part  of  the  present  Cheboygan  dis- 
trict, and  subject  to  sale  at  Traverse  City,  in  said  State,  be,  and  the  same 
is  hereby,  attached  to  the  "Lake  Superior  district,"  and  the  lands  therein 
be  subject  to  sale  and  entry  at  the  site  of  the  land  office  for  said  dis- 

ict.  (a) 

SEC.  2.  And  be  it  further  enacted,  That  this  act  shall  not  take  effect    When    act  to 
-AH  .LI  .,-'„,         ,,.'„.,  -,  take  effect. 

(a)  See  Nos.  196,  197,  455,  465,  467,  469,  480,  484,  486,  490a,  503,  515,  522,  525a,  529. 
15  L   O— VOL   II 


226  MICHIGAN. 

March  3, 1863.    No.  537.— AX  ACT  granting  lands  to  the  States  of  Michigan  and  Wisconsin  to  aid 
Vol.  12,  p.  797.       in  the  construction  of  a  "  military  road  "  from  Fort  Wilkins,  Copper  Harbor,  Kewe- 

• naw  County,  in  the  State  of  Michigan,  to  Fort  Howard,  Green  Bay,  in  the  State  of 

Wisconsin.  , 

Land    granted     Be  it  enacted,  fa.,  That  there  be,  and  is  hereby,  granted  to  the  State  of 
to  Michigan  and  Michigan,  to  aid  in  the  construction  of  a  military  wagon- road  from  Fort 
tothT^onstru'c Jwilkius,  Copper  Harbor,  to  Houghton,  Portage  "Lake,  and  thence,  in  a 
tion  of  a  military,  southerly  direction,  to  the  State  line  of  Wisconsin,  every  alternate  sec- 
wagon-road,          tion  of  public  land,  designated  by  even  numbers,  for  three  sections  in 
width,  on  each  side  of  said  road,  and  also  a  like  quantity,  to  be  taken 
and  designated  in  same  manner,  to  the  State  of  Wisconsin,  to  aid  in  the 
construction  of  a  like  road  from  the  last-mentioned  place  on  the  State 
line  of  Wisconsin  to  Fort  Howard,  Green  Bay,  in  the  said  State  of  Wis- 
If     any    landconsin.    But  in  case  it  shall  appear  that  the  United  States  have,  when 
granted  has  been  the  line  or  route  of  said  road  is  definitely  fixed,  sold  any  section,  or  any 
^ent'am^mnTto  Par^  tnereo^»  granted  as  aforesaid,  or  that  the  right  of  preemption  o'r 
be  given  in  Hen  homestead  settlement  has  attached  to  the  same,  then  it  shall  be  the 
thereof.  duty  of  the  Secretary  of  the  Interior  to  set  apart  from  the  public  lands 

of  the  United  States,  as  near  to  said  even  sections  aforesaid  as  may  be, 
so  much  land  as  shall  be  equal  to  such  lands  as  the  United  States  have 
sold,  or  otherwise  appropriated,  or  to  which  the  right  of  preemption  or 
homestead  settlement  has  attached  ;  which  lands,  (thus  selected  in  lieu 
of  those  sold,  and  to  which  the  right  of   preemption  or  homestead  set- 
tlement has  attached  as  aforesaid,)  together  with  the  sections  3nd  parts 
of  sections  designated  by  even  numbers  as  aforesaid,  and  approved  as 
aforesaid,  shall  be  held  by  the  States  of  Michigan  and  Wisconsin  for 
Land  s  not  to  be  the  use  and  purposes  aforesaid:  Provided,  That  the  lauds  to  be  selected 
over  fifteen  miles  for  and  on  account  thereof  shall  in  no  case  be  further  than  fifteen  miles 
beT  'ned^solel0  from  8aid  roa(l :  Provided,  further,  That  the  lands  hereby  granted  shall 
to  the  'construe-  ^e  exclusively  applied  in  the  construction  of  that  road  for  and  on  account 
tion  of  the  road,  of  which  such  lands  are  hereby  granted,  and  shall  be  disposed  of  only 
as  the  work  progresses,  and  the  same  shall  be  applied  to  no  other  pur- 
Reserved  lands  poses  whatever  :  And  provided,  further,  That  any  and  all  lands  hereto- 
not  within  this  fore  reserved  to  the  United  States  by  any  act  of  Congress,  or  in  any 
act,    except    for  other  manner  by  competent  authority,  for  the  purpose  of  aiding  in  any 
object  of  internal  improvement,  or  for  any  other  purposes  whatsoever, 
be,  and  the  same  are  hereby,  reserved  to  the  United  States  from  the 
operation  of  this  act,  except  so  far  as  it  may  be  found  necessary  to 
locate  the  route  of  said  road  through  such  reserved  lands;  in  which 
case  the  right  of  way  only  shall  be  granted. 

Lands  subject  SEC.  2.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted 
to  the  dispooal  of  to  the  said  States  shall  be  subject  to  the  disposal  of  the  legislature 
the leghlature.  thereof,  for  the  purposes  aforesaid,  and  no  other;  and  the  said  road 
Road  to  be  a  shall  be  and  remain  [a]  public  highway  for  the  use  of  the  Government 
public  highway,  of  the  United  States,  free  from  tolls  or  other  charge  upon  the  transpor- 
T?nited!tate8  tation  of  an.v  property,  troops,  or  mails  of  the  United  States. 

Mode  of  dis-  SEC.  3.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to 
posing  of  the  said  States  shall  be  disposed  of  only  in  the  following  manner,  that  is 
lands,  to  say  :  That  a  quantity  of  land,  not  exceeding  thirty  sections,  for  said 

road,  may  be  pold  ;  and  when  the  governors  of  said  States  shall  certify 
to  the  Secretary  of  the  Interior  that  any  ten  continuous  miles  of  said 
road  are  completed,  then  another  quantity  of  land,  hereby  granted,  not 
to  exceed  thirty  sections  for  said  road,  having  ten  continuous  miles 
completed  as  aforesaid,  may  be  sold,  and  so,  from  time  to  time,  until 
the  said  road  is  completed ;  and  if  said  road  is  not  completed  within 
five  years,  no  further  sales  shall  be  made,  and  the  lands  unsold  shall 
revert  to  the  United  States. 

Mode  of  con-  SEC.  4.  And  be  it  further  enacted,  That  said  military  road  shall  be  con- 
structing the  structed  with  sufficient  drains  and  ditches,  and  not  less  than  forty  feet 
road<  in  width,  with  a  grade  not  less  than  sixteen  feet  wide,  with  such  gradu- 

ation and  bridges  as  shall  permit  of  its  regular  use  as  a  wagon  road  in 
all  seasons  of  the  year,  and  in  such  other  special  manner  as  the  States 
of  Michigan  and  Wisconsin  may  prescribe,  (a) 

(a)  See  Nos.  541,  554,  560,  571. 


MICHIGAN.  227 


No.  538.— AN  ACT  to  amend  an  act  entitled  "An  act  making  a  grant  of  alternate     June  7,  1864. 
sections  of  [the]  public  lands  to  the  State  of  Michigan  to  aid  in  the  construction  of     Vol.  13,  p.  119. 
certain  railroads  in  said  State,  and  for  other  purposes. 

Be  it  enacted,  $-c.,  That  the  act  entitled  "An  act  making  a  grant  of    Amendment  of 
alternate  sections  of  [the]  public  lands  to  the  State  of  Michigan  to  aid  former  act  grant- 
in  the  construction  of  certain  railroads  in  said  State,  and  for  other  pur-  ^SJ.  railroads" 
poses,"  he  and  the  same  is  hereby,  amended  as  follows,  namely  :  Sub- 
stitute  for  the  words  "  and  from  Grand  Rapids  to  some  point  on  or  near 
Traverse  Bay,"  contained  in  the  first  section  of  said  act,  these  words : 
And  from  Fort  Wayne,  in  the  State  of  Indiana,  to  a  point  on  the  south-     Location 
era  boundary  line  of  the  State  of  Michigan,  in  tire  township  of  Sturgis,  changed, 
thence,  by  way  of  Grand  Rapids,  to  some  point  on  or  near  Traverse  Bay. 
And  the  said  act  shall  be,  and  is  hereby,  so  amended  as  to  substitute  for 
the  first  clause  of  the  first  proviso  in  the  first  section  thereof,  so  far  as 
the  same  shall  be  applicable  to  the  grant  of  lands  made  to  aid  in  the 
construction  of  the  railroad  described  by  the  foregoing  amendment,  these 
words :  Provided,  .That  the  lands  so  to  be  selected  shall  in  no  case  be     Limit  of  selec- 
further  than  twenty  miles  from  the  line  of  said  road  :  Provided,  further,  tion  of  lands. 
That  the  time  specified  in  the  4th  section  of  the  act  hereby  amended  for  exei™££ 
the  completion  of  said  road  shall  not  be  extended. 

SEC.  2.  And  l>e  it  further  enacted,  That  the  lands  granted  by  the  act     Lands  granted, 
amended  by  this  act,  and  also  by  the  provisions  of  this  act,  ro  aid  in  the  jjow  only  to  be 
construction  of  the  railroad  described  in  the  foregoing  section,  shall  be  dl8P°s 
disposed  of  only  in  the  following  manner,  that  is  to  say,  when  the  gov- 
ernor of  the  State  of  Michigan  shall  certify  to  the  Secretary  of  the  In- 
terior that  ten  consecutive  miles  of  said  road  have  been  completed  in  a 
good  and  substantial  manner  as  a  first-class  railroad,  indicating  definitely 
where  said  completed  section  commences  and  where  the  sanfe  terminates, 
the  said  secretary  shall  cause  patents  to  issue  to  said  State  for  so  much 
of  said  lands  as  are  located  opposite  to,  and  coterminous  with,  said  com- 
pleted section  of  said  road,  and  so  from  time  to  time  for  each  completed 
section  of  ten  miles  of  said  road  until  the  whole  shall  be  completed,  (a) 

(a)  See  Nos.  526,  531,  535,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  569,  573,  575,  593, 


No.  539.— AN  ACT  extending  the  time  for  the  completion  of  the  Marquette  and     June.  18, 1864. 
Ontonagon  Railroad,  of  the  State  of  Michigan.  Vol.  13,  p.  137. 


Be  it  enacted,  #c.,  That  the  time  limited  for  the  completion  of  the  Time  for  com- 
Marquette  and  Ontonagon  Railroad,  of  the  State  of  Michigan,  be,  andpleting  the  Mar- 
the  same  is  hereby,  extended  for  the  term  of  five  years  beyond  the  time  g  a^o^ll 
fixed  for  its  completion  by  the  act  of  Congress  of  June  third,  A.  D.  extended, 
eighteen  hundred  and  fifty-six,  entitled  "An  act  making  a  grant  of  al- 
ternate sections  of  the  public  lands  to  the  State  of  Michigan  to  aid  in 
the  construction  of  certain  railroads  in  said  State,  and  for  other  pur- 
poses:" Provided,  That  the  State  of  Michigan,  shall  have  the  same  con-  Proviso, 
trol  over  the  said  grant  of  lands  hereby  extended  for  five  years,  for  the 
benefit  of  said  railroad,  which  was  given  to  said  State  under  said  origi- 
nal act  of  Congress ;  and  said  State  may  prescribe  the  time  within  which 
the  several  sections  of  said  road  shall  be  completed,  (a) 

(a)  See  Nos.  526,  531, 535, 538,  540, 542,  544,  545,  548, 552,  553,  567, 568,  569,  573,  575, 593, 
594. 


No.  540.— A  RESOLUTION  explanatory  of  an  act  entitled  "An  act  extending  the  June  18,  1864. 
time  for  the  completion  of  the  Marquette  and  Ontonagon  Railroad  of  the  State  of  Vol.  13  p.  409. 
Michigan." 

Resolved,  $-c.,  That  the  provisions  of  the  act  entitled  "An  act  extend-     Construction  of 
ing  the  time  for  the  completion  of  the  Marquette  and  Ontonagon  Rail-  fjCt    Ma^'S 
road  of  the  State  of  Michigan,"  shall  be  so  construed  as  to  extend  theand  Qntonagou 
time  for  completing  only  so  much  of  said  road  as  lies  between  Marquette  Railroad, 
and  Ontonagou.  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  542,  544,  545,  548,  552,  553,  567,  568, 569,  573,  575, 


228  MICHIGAN. 

June  20,  1864.     No.  5 11.  AX  ACT  granting  lands  to  the  State  of  Michigan  for  the  construction  of 
Vol.  13,  p.  140.  certain  wagon  roads  for  military  and  postal  purposes. 


Lands  granted  Be  it  enacted,  tjV.,  That  there  be,  and  hereby  is,  granted  to  the  State 
to  Michigan  for  of  Michigan,  for  the  construction  of  a  wagon  road  for  military  and  pos- 
wagonroadfromtal  purpO8e8,  from  Saginaw  City,  in  said  State,  by  the  shortest  and 
Straits  of  Macki-  most  feasible  route  to  the  Straits  of  Mackinaw,  every  alternate  or  odd 
naw.  section  of  public  land  not  mineral,  for  three  miles  in  width  on  each  side 

From  Grand  of  said  road  to  the  extent  of  three  sections  to  the  mile.    Also  for  a  road 
ofM-'Saw4118  from  9raml  Rapids,  in  said  State,  through  Xe  way  go,  Traverse  City, 
and  Little  Traverse,  to  the  Straits  of  Mackinaw,  every  alternate  or  odd 
section  of  public  land*  not  mineral,  for  three  sections  in  width  on  each 
If    any   lands  side  of  said  road  to  the  extent  of  three  sections  to  the  mile.    And  it  is 
fer?edd  otheWto  herel)y  provided  that  in  case  it  shall  appear  that  the  United  States  shall 
be  given  in  lieu  bave  (when  the  lines  or  routes  of  said  roads  are  definitely  established) 
thereof.  sold  or  reserved  any  sections  or  parts  of  sections,  granted  as  aforesaid, 

or  that  the  rights  of  preemption  or  homestead  have  attached  to  the 
same,  so  as  to  leave  a  deficiency  in  the  amount  to  be  selected  within  the 
limits  designated,  the  n  it  shall  be  the  duty  of  the  Secretary  of  the  In- 
terior to  select  such  lands  from  the  odd  sections,  or  parts  of  sections, 
nearest  to  the  three-mile  limits  aforesaid,  such  quantity  as  shall  be 
Lands,  how  to  necessary  to  make  up  the  deficiency  thus  created :  Provided,  further, 
dfsnosedof  Tbat. the  lands  bereby  granted  shall  be  exclusively  reserved,  held,  and 
applied  in  the  construction  of  said  roads,  and  shall  be  appropriated  and 
disposed  of  only  as  the  work  progresses,  in  quantities  and  under  such 
regulations  and  restrictions  as  the  State  shall  provide ;  and  in  no  event 
shall  they  be  appropriated  or  disposed  of  for  any  other  purpose  whatso- 
ever. 

Lands  hereto-  SEC.  2.  And  be  it  further  enacted,  That  any  and  all  lands  heretofore 
fore  reserved,  ex-  reserved  to  the  United  States  by  any  act  of  Congress,  or  in  any  other 
oneration^of  this  manner  by  competent  authority,  for  any  public  work,  or  for  any  other 
2J  purpose  whatsoever,  be,  and  the  same  are  hereby,  reserved  to  the  United 

States  from  the  operation  of  this  act,  except  so  far  as  it  may  be  neces- 
sary to  locate  the  routes  of  said  roads  through  such  reserved  lands;  in 
Rights  of  way  which  case  the  rights  of  way  shall  be,  and  are  hereby,  granted,  subject 
granted.  to  tne  approval  of  the  President  of  the  United  States. 

Wagon  roads  gEC.  3.  ^,,rf  fo  it  further  enacted,  That  said  roads  shall  be  located,  snr- 
conltructed  veyed,  and  constructed,  under  the  direction  of  such  agents  or  commis- 
sioners as  the  governor  may  appoint,  and  shall  be  chopped  out  a  uni- 
form width  of  at  least  six  rods.  The  road-bed  proper  to  be  not  less 
than  thirty-two  feet  wide,  and  constructed  with  ample  ditches  on  both 
sides,  so  as  to  afford  sufficient  drains,  with  good  and  substantial  bridges 
and  proper  culverts  and  sluices  where  necessary.  All  stumps  and  roots 
to  be  thoroughly  grubbed  out  between  the  ditches  the  entire  length  of 
said  road,  the  central  portion  of  which  to  be  sufficiently  raised  to  afford 
a  dry  road-bed  by  means  of  drainage  from  the  centre  to  the  side  ditches; 
the  hills  to  be  levelled  and  valleys  raised  so  as  to  make  as  easy  a  grade 
as  practicable. 

Land  granted,      SEC.  4.  And  be  it  further  enacted,  That  when  the  governor  of  the  State 
when  to  be  with-  of  Michigan  shall  furnish  the  Secretary  of  the  Interior  with  maps  and 
:om  mar-  Chart8  8nOwiug  the  definite  location  of  the  line  of  each  of  said  roads,  it 
shall  be  his  duty  to  have  the  land  granted  to  each  of  said  roads  with- 
held from  market,  and  reserved  exclusively  for  the  purposes  aforesaid. 
And  when  the  said  governor  shall  certify  to  the  Secretary  of  the  Inte- 
rior that  any  ten  consecutive  miles  of  either  of  said  roads  have  been 
completed  under  the  provisions  of  this  act,  and  in  accordance  with  the 
third  section  thereof,  stating  definitely  where  said  completed  section  of 
road  commences  and  where  it  terminates,  it  shall  be  the  duty  of  the 
Patents  for  said  Secretary  to  cause  patents  to  issue  to  said  State  for  three  sections 
wh^ftn  i-a  P      of  land  for  each  mile  of  road  thus  completed,  as  aforesaid,  and  so  on  until 
Proviso  the  whole  of  said  roads  is  completed  :  Provided,  That  no  patents  shall 

be  given  for  any  of  the  aforesaid  lands  before  the  completion  of  ten 
consecutive  miles  of  road,  or  for  any  road,  or  for  any  part  of  any  road, 
made  before  the  passage  of  this  act,  or  for  any  greater  quantity  than 
thirty  section s  for  each  ten  miles  completed  according  to  the  provisions 
of  this  act.  Nothing  in  this  proviso,  however,  shall  be  construed  so  as 
to  prevent  the  application  of  so  much  of  the  said  three  sections  per 
mile  as  may  be  necessary  to  finish  any  part  of  said  roads  partly  made 
before  the  passage  of  this  act. 

Express  condi-  SEC.  5.  And  be  it  further  enacted,  That  this  grant  is  made  upon  the 
tions  of  grant,  express  conditions  that  the  roads  shall  be  and  remain  public  highways, 


MICHIGAN.  229 

*.+^  from  all  toll  and  other  charges  ;  and  that  if  any  portion  of  said  roads    Roads    to    be 
shall  remain  uncompleted  for  a  period  of  more  than  five  years  from  the  SS  be  comSd 
approval  of  this  act  by  the  President,  the  lands  granted  for  such  portion  in  five  years. 
shall  revert  to  the  United  States,  (a) 
(a)  See  Nos.  537,  554,  560,  571. 


No.  542.— A   RESOLUTION  to  extend  the  time  for  the  reversion  to  the  United     Feb.  17,  1865. 
States  of  the  lands  granted  by  Congress  to  aid  in  the  construction  of  a  railroad  from     Vol.  13,  p.  569. 
Pere  Marquette  to  Flint,  and  for  the  completion  of  said  rpad. 


Resolved,  $*c.,  That  the  time  specified  in  the  fourth  section  of  the  act  Time  for  rever- 
of  Congress  approved  June  three,  eighteen  hundred  and  fifty-six,  en-  sion  to  the  United 
titled  "  An  act  making  a  grant  of  alternate  sections  of  the  public  lands  ^rida8  ?n  CMicbT 
to  the  State  of  Michigan  to  aid  in  the  construction  of  certain  railroads  gan  granted  to 
in  said  State,  and  for  other  purposes,"  for  the  reversion  to  the  United  rail  roads,  ex- 
States  of  the  lands  granted  by  said  act  to  aid  in  the  construction 
railroad  from  Pere  Marquette  to  Flint,  and.for  the  completion  of  said 
road,  be,  and  the  same  is  hereby,  extended  for  the  term  of  five  years,  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  544,545,  548,  552,  553,  567,  568,  569,  573,  575,  593, 
594. 


No.  543. — AN  ACT  granting  land  to  the  State  of  Michigan,  to  aid  in  building  a     March  3,  1865. 
harbor  and  ship  canal  at  Portage  Lake,  Kewenaw  Point,  Lake  Superior.  Vol.  J3,  p.  519. 

Be  it  enacted,  tyc. ,  That  there  be,  and  is  hereby,  granted  to  the  State     The    State  of 
of  Michigan  the  right  of  locating  and  constructing  a  breakwater  and  Michigan  may  lo- 
harbor  and  ship  canal  through  any  public  lands  at  or  upon  the  neck  of  cate'  &G->  a  8biP 
land  on  Lake  Superior  known  as  -'The  Portage:"  Provided,  That  not  {Jh^oug'h  ''The 
more  than  one  thousand  feet  in  width  on  the  bank  of  Lake  Superior  Portage.'' 
shall  be  occupied  by  said  breakwater  and  harbor,  and  that  a  strip  of     Limit  tj  grant, 
land  not  more  than  four  hundred  feet  in  width  on  said  neck  of  land 
shall  be  occupied  by  said  canal:  And  provided,  further,  That  said  ship     Width    and 
<janal  shall  be  at  least  one  hundred  feet  iu  width,  with  a  depth  of  water  depth  of  canal, 
not  legs  than  thirteen  feet. 

SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  hereby  is,  granted     Grant  to  Mich- 
to  the  said  State  of  Michigan,  for  the  purpose  of  aiding  said  State  inis*111  of  public 
constructing  and  completing  a  harbor  and  ship  canal  to  connect  the  JfiSldina^a^h/S 
waters  of  Lake  Superior  with  the  waters  of  Portage  Lake,  two  hundred  canal, 
thousand  acres  of  public  lands,  to  be  selected  in  subdivisions  agreeably     How  and  where 
to  the  United  States  survey,  by  an  agent  or  agents  appointed  by  the  selected. 
governor  of  said  State,  subject  to  the  approval  of  the  Secretary  of  the 
Interior,  from  any  lands  in  the  upper  peninsula  of  said  State,  subject 
to  private  entry  :  Provided,  That  said  selections  shall  be  made  from  al-     Proviso, 
ternate  and  odd-numbered  sections  of  land  nearest  the  location  of  said 
canal  in  said  upper  peninsula,  not  otherwise  appropriated,  and  not  from 
lands  designated  by  the  United  States  as  "  mineral"  before  the  passage 
of  this  act,  nor  from  lands  to  which  the  rights  of  preemption  or  home- 
stead have  attached. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted     Lands  granted 
shall  be  subject  to  the  disposal  of  the  legislature  of  said  State,  or,  if  to  be  subject  to 
the  legislature  thereof  shall  not  be  in  session,  or  shall  adjourn  within  disposal  by  the 
ten  days  after  the  passage  and  approval  of  this  act,  then  said  lands  shall     ; 
be  subject  to  the  disposal  of  the  governor  and  board  of  control  of  said 
State,  for  the  purpose  aforesaid  and  for  no  other;  and  the  said  canal     Canal   to  be 
shall  be  and  remain  a  public  highway  for  the  use  of  the  Government  of  Pu^lic  highway, 
the  United  States,  free  from  toll  or  charge  upon  the  vessels  of  said  Gov-  "Jffed  sSSS 
ernment,  or  upon  vessels  employed  by  said  Government  in  the  transpor-  vessels. 
tation  of  any  property  or  troops  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted.  That  before  it  shall  be  competent  for     Route  of  canal 
said  State  to  dispose  of  any  of  said  lands,  to  be  selected  as  aforesaid,  to  be  established 
the  plan  of  said  breakwater  and  harbor,  and  the  route  of  said  canal  dfg°JJeja"fd8  are 
shall  be  established  as  aforesaid,  and  a  plat  or  plats  thereof  shall  be 
filed  in  the  office  of  the  War  Department,  and  a  duplicate  thereof  in 
the  office  of  the  Commissioner  of  the  General  Land  Office. 

SEC.  5.  And  be  it  further  enacted,  That  if  the  said  breakwater,  harbor,  Unless  canal, 
and  ship  canal  shall  not  be  completed  within  two  years  from  the  passage  &c-'  completed  in 
of  this  act,  the  lands  hereby  granted  shall  revert  to  the  United  States.  Revert™' 

SEC.  6.  And  be  it  further  enacted,  That  the  legislature  of  said  State  Account  of  an  lea 
shall  cause  to  be  kept  an  accurate  account  of  the  sales  and  net  proceeds  of  lands,  and  net 


230  MICHIGAN. 

proceeds  and  of  the  lands  hereby  granted,  and  of  all  expenditures  in  the  construction 

SditSefto  bXe  rePairs'  and  operating  of  said  canal,  and  of  the  earnings  thereof,  and 

kept.  8nalj  return  a  statement  of  the  same  annually  to  the  Secretary  of  the 

When  State  re-  Interior ;  and  whenever  said  State  shall  be  fully  reimbursed  for  all  ad- 

imbursed,  tolls  to  vances  made  for  the  construction,  repairs,  and  operating  of  said  canal, 

8haiSiUpay°exper^  witn  leSal  interest  on  all  advances,  until  the  reimbursement  of  the  same, 

ses  of  canal.          or  uP°n  payment  by  the  United  States  of  any  balance  of  such  advances 

over  such  receipts  from  said  lands  and  canal,  with  such  interest,  the 

said  State  shall  be  allowed  to  tax  for  the  use  of  said  canal  only  such 

tolls  as  shall  be  sufficient  to  pay  all  necessary  expenses  for  the  care, 

charge,  and  repair  of  the  same,  (a) 

(a)  See  Xos.  550,  556,  566,  570,  579. 


March  3,  1865.    ^°*  544.— AX  ACT  to  extend  the  time  for  the  completion  of  certain  railroads  to 
Vol.  13,  p.  520.  which  land  grants  have  been  made  in  the  States  of  Michigan  and  Wisconsin. 

Additional     ?e  /*  enacte^>  <$'c->  That  ttfbre  be,  and  hereby  is,  granted  to  the  State  of 
lands  g'anted  to  Michigan,  for  the  purpose  of  aiding  in  the  construction  of  a  railroad 
Michigan,  to  aid  from  Alarquette,  on  Lake  Superior,  to  the  Wisconsin  State  line,  at  or 
in    construction  near  the  mouth  of  the  Menomonee  River,  for  the  benefit  and  use  of  the 
rai1"  Chicago  and  Northwestern  Railway  Company,  a  corporation  of  the 
States  of  Michigan,  Illinois,  Wisconsin,  and  from  Marquette  to  Onton- 
agon,  for  the  use  and  benefit  of  the  Marquette  and  Ontonagon  Railroad 
Company,  a  corporation  of  the  State  of  Michigan,  and  for  twenty  miles 
westerly  from  Marquette  of  the  Bay  de  Noquet  and  Marquette  Railroad, 
for  the  benefit  and  use  of  the  Bay  de  Noquet  and  Marquette  Railroad 
Company,  four  additional  alternate  sections  of  land,  per  mile,  to  that 
already  granted  by  act  of  Congress  approved  June  third,  A.  D.  eighteen 
hundred  and  fifty-six,  and  joint  resolution  supplementary  thereto,  to 
be  selected  upon  "the  same  conditions,  restrictions,  and  limitations  as 
are  contained  in  the  act  of  Congress  entitled  ''An  act  making  a  grant  of 
lands  to  the  State  of  Michigan,  in  alternate  sections,  to  aid  in  the  con- 
struction of  railroads  in  said  State,"  approved  June  third,  eighteen 
Lands  how  se-  hundred  and  fifty-six :  Provided,  That  the  land  to  be  so  located  by  either 
lected.  Of  8aid  roads  shall  be  selected  from  the  alternate  sections,  designated 

by  odd  numbers,  within  twenty  miles  of  the  line  of  said  road. 

Lands  how  dis-  SEC.  2.  And  be  it  further  enacted.  That  the  lands  granted  by  said  act 
posed  of.  of  Congress  and  by  this  act  shall  ba  disposed  of  only  in  the  following 

manner,  that  is  to  say  :  When  the  governor  of  the  State  of  Michigan 
shall  certify  to  the  Secretary  of  the  Interior  that  any  ten  consecutive 
miles,  upon  the  route  of  either  of  said  roads,  is  completed  in  a  good  and 
substantial  manner,  as  a  first-class  railroad,  then  the  Secretary  of  the 
Certificate     to  Interior  shall  cause  a  certificate  or  certificates  to  issue  to  sxid  State  for 
issue  as  building  one  hundred  sections  of  land,  for  the  benefit  and  use  of  such  company, 
MaiSuette  and  and  8O  from  * ime  to  time  tor  eacu  completed  section  of  ten  miles  of  either 
Ontonagon    rail-  of  said  roads,  one  hundred  sections  of  land,  until  the  whole  shall  be 
road.    =  completed  :  Provided,  That  none  of  the  additional  lands  granted  by  this 

act  for  that  portion  of  the  Marquette  and  Ontonagon  Railroad  now  com- 
pleted shall  be  certified  to  the  State  of  Michigan,  by  the  terms  hereof, 
until  the  said  railroad  shall  be  completed  from  a  point  twenty  miles  west 
of  Marquette  to  Ontonagon  ;  and  that  none  of  the  additional  lands 
RoadfromMar-  granted  by  this  act  for  that  portion  of  the  railroad  from  Marquette  to 
queue    to  Wis-  the  Wisconsin  State  line  at  or  near  the  mouth  of  the  Menomonee  River, 
me>  now  completed,  shall  be  so  certified  until  the  said  railroad  shall  be  com- 
pleted from  Bay  de  Noquet  to  the  said  Wisconsin  State  line  at  or  near 
the  mouth  of  the  Menomonee  River  aforesaid. 

Time  for  com-  SEC.  3.  And,  be  it  further  enacted,  That  the  time  limited  for  the  com- 
Erom^Mar  uette  Pletion  of  tne  road  from  Marquette  to  the  Wisconsin  State  line,  at  or 
to  Wisconsin  near  the  mouth  of  the  Menomonee  River,  be,  and  the  same  is  hereby, 
State  line  ex-  extended  for  the  term  of  five  years,  from  and  after  the  third  day  of  June, 
tended.  A.  D.  eighteen  hundred  and  sixty-six. 

Lands  for  road      SEC.  4.  And  be  it  further  enacted,  That  no  lands  to  be  set  apart  for  the 

toTa  ^teSo^uet road  fr°m  Mar(luette  to  Bav  de  S(>Qiet,  and  from  Marquette  to  Ontona- 

and  "\o  Ontona-  £ou>  shall  be  selected  and  certified  east  of  that  portion  of  the  range  line 

gon.  dividing  ranges  twenty -six  and  twenty-seven,  that  is,  south  of  thetowu- 

Wheretobese- ship  line  between  townships  forty-seven  and  forty-eight,  nor  south  of 

>d  and  certi-  that  portion  of  the  township  line  dividing  townships  foi  ty-M-ven  and 

forty-eight,  that  lies  east  of  the  dividing  range  line  above  named  :  and 

Lands  for  road  that  no  lands  to  be  set  apart  for  the  road  1'roui  Marquette,  on  Lake  Su- 


MICHIGAN.  231 

perior,  to  the  Wisconsin  State  line,  at  or  near  the  mouth  of  the  Menom-  from  Marquette 
onee  River,  shall  be  selected  and  certified  west  of  that  portion  of  the  011 

range  line  dividing  ranges  twenty-six  and  twenty -seven,  that  is,  north 
of  t)ie  township  line  dividing  townships  forty-two  and  forty-three,  nor 
north  of  the  township  line  dividing  townships  forty-seven  and  forty- 
eight  ;  and  that,  for  the  purpose  of  making  up  any  deficiency  of  lands     Deficiency    of 
to  which  the  line  of  road  from  Marquette  to  Bay  de  Noquet  may  be  lands    f°r    road 
entitled  to  make  its  grant  equal  to  ten  sections  to  the  mile,  the  same  tj  Bay  de  Coquet! 
shall  be  certified  on  the  route  from  Marquette  to  Ontonagou,  within 
twenty  miles  of  the  line  of  said  road,  and  east  of  the  range  line  divid- 
ing ranges  thirty-one  and  thirty-two,  and  in  accordance  with  the  pro- 
visions hereinbefore  contained.    And  that,  whenever  the  governor  of     Certificates  of 
the  State  of  Michigan  shall  certify  to  the  Secretary  of  the  Interior  that  gnds  ^or    TOM 
twenty  consecutive  miles  of  the  line  of  road  from  Marquette  to  Bay  de  to  Bay  ^  No_ 
Noquet  has  been  completed  in  a  good  and  substantial  manner,  as  a  first-  quet  to  be  issued 
class  railroad,  the  Secretary  of  the  Interior  shall  cause  to  be  issued  to  as  road  is  built, 
said  State  of  Michigan,  for  the  use  and  benefit  of  the  Bay  de  Noquet  and 
Marquette  Railroad  Company,  assignee  o£  the  State  of  Michigan,  a 
certificate  or  certificates  for  two  hundred  sections  of  land,  to  be  selected     Selection  and 
and  located  from  the  sections  designated  by  odd  numbers,  on  the  line  Io< 
from  Marquette  to  Ontonagon,  and  within  twenty  miles  of  said  line. 

SEC.  5.  And  be  it  further  enacted,  That  the  time  for  the  completion  of     Time  for  com- 
the  railroad  from  Fond  du  Lac,  on  Lake  Winnebago,  to  the  Wisconsin  pleting  road  from 
State  line,  at  or  near  the  mouth  of  the  Menomonee  River,  shall  be,  and  *v£oon3n  State 
hereby  is,  extended  for  the  period  of  five  years  from  and  after  the  third  iine  extended. 
day  of  June,  one  thousand  eight  hundred  and  sixty- six ;  and  that  any 
and  all  grants  of  land  to  said  road  shall  continue  and  remain  in  full 
force  and  effect. 

SEC.  6.  And  le  it  further  enacted,  That  each  of  said  companies  shall  Each  road  to 
grade,  in  a  good  and  substantial  manner,  ready  for  the  ties,  twenty  grade  twenty 
miles  of  its  road  within  two  years,  and  twenty  miles  additional  thereof  ^ar^andt^enty 
in  each  year  thereafter :  Provided,  That  if  said  companies,  or  either  of  miles'  each  year 
them,  shall  neglect  or  fail  to  do  so,  or  to  complete  its  road  within  the  thereafter, 
time  herein  specified,  the  land  granted  to  such  company  shall  revert  to  Lands  to  revert, 
the  United  States,  (a)  lj)  &c' 

(a)  See  ]*Tos.  526,  531,  535,  538,  .539,  540,  542,  545,  548,  552,  553,  567, 568, 569,  573, 575, 593, 
594. 

No.  545. — AN  ACT  to  amend  an  act  entitled  "An  act  to  amend  an  act  entitled  'An  March  3,  1865. 
act  making  a  grant  of  alternate  sections  of  public  lands  to  the  State  of  Michigan,  y0l.  13,  p.  530. 
to  aid  in  the  construction  of  certain  railroads  in  said  State,  and  for  other  pur- 


Be  it  enacted,  <$-c.,  That  section  one  of  an  act  entitled  "An  act  to  amend     Time  for  com- 
an  act  entitled  'An  act  making  a  grant  of  alternate  sections  of  public  plying  a  certain 
lands  to  the  State  of  Michigan,  to  aid  in  the  construction  of  certain  [Jan  extended 
railroads  in  said  State,  and  for  other  purposes,'"  which  said  amendatory 
act  was  approved  June  seventh,  eighteen  hundred  and  sixty-four,  be, 
and  the  same  is  hereby,  amended  so  as  to  make  the  last  proviso  in  said 
section  to  read  as  follows,  to  wit :  Provided,  further,  That  the  time  speci- 
fied in  the  fourth  section  of  the  act  hereby  amended,  for  the  completion 
of  said  road,  shall  be,  and  the  same  is  hereby,  extended  eight  years,  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  542,  544,  548,  552,  553,  567,  568,  569,  573,  575,  593, 
594. 


No.  546.— JOINT  RESOLUTION  authorizing  the  Secretary  of  War  to  grant  the     jan.  31,  1866. 
use  of  a  portion  of  military  reserve  on  St.  Clair  River,  in  the  State  of  Michigan,      Vol.  14,  p.  348. 
for  railroad  purposes. 


Be  it  resolved,  <$-c.,  That  the  Secretary  of  War  be,  and  he  is  hereby,     Use  of  portion 
authorized  to  grant  to  Guerdon  O.  Williams,  of  the  city  of  Detroit,  in  of  militaryre- 
the  State  of  Michigan,  and  his  associates,  the  use  of  so  much  of  the  paveer granted Sr 
military  reserve  on  the  St.  Clair  River,  in  the  State  of  Michigan,  known  horse  railroad, 
as  the  site  of  Fort  Gratiot,  as  is  necessary  for  extending  a  horse  railroad 
from  Port  Huron  City  to  the  depot  of  the  Port  Huron  and  Detroit  Rail- 
road, at  such  rental  and  upon  such  terms  and  conditions  as  to  him  may     Conditions, 
seem  proper,  reserving  to  the  United  States,  however,  the  right  of  re- 
moving the  rails,  ties,  and  other  parts  of  said  road  whenever  the  Secre- 
tary of  War  shall  direct,  without  any  claim  or  right  for  damages  on  the 
part  of  the  said  Williams  and  associates,  or  their  legal  representatives,  (a) 

(a)  See  Kos.  531,  533,  551,  555,  558,  559,  576,  578, 580,  594. 


232  MICHIGAN. 

March  8, 1866.  No.  547.— AN  ACT  for  the  relief  of  the  heirs  of  James  Bawdin. 

Vol.  14,  p.  578.  }t  enactedt  ^.Cij  Tnat  on  payment  to  the  United  States  of  one  dollar 


Patent  to  heirs  and  twenty-five  cents  per  acre  therefor,  the  Commissioner  of  the  Gen- 
din  Jf or8 8lari?at eral  L.and  Office  sha11  cause  a  patent  to  be  issued  to  the  heirs  of  James 
E^le°Harbor.      Bawdin  for  that  tract  of  land  lying  and  being  at  Eagle  Harbor,  on  Lake 
Superior,  situate  upon  the  north  part  of  section  number  six,  in  town- 
ship number  fifty-eight  north,  of  range  number  thirty  west,  in  the 
Sault  Ste.  Marie  land  district,  State  of  Michigan,  containing  about  six 
and  fifty- four  hundredths  acres  of  land,  and  being  all  that  part  of  the 
lands  known  as  the  light-house  reservation  at  Eagle  Harbor,  which  lies 
east  of  the  dotted  line  marked  "  S.  86°  45'  E.  1*2.76  chains,"  as  shown  on 
the  plat  of  "  Bawd[i]n's  Survey  "  of  said  reservation  in  the  office  of  said 
Commissioner  of  the  General  Land  Office,  except  so  much  of  said  lands 
as  may  be  required  for  the  use  of  a  road  four  rods  wide,  from  the  light- 
house across  said  six  and  fifty -four  hundredths  acres  to  the  waters  of 
said  harbor,  as  the  same  is  now  laid  out  and  used  for  that  purpose : 
Proviso.  Provided,  That  this  act  shall  only  be  construed  to  be  a  relmquishment 

of  the  title  of  the  United  States,  and  shall  not  interfere  with  the  rights 
of  third  persons. 

July  3,  1866.       No.  548.— AX  ACT  to  extend  the  time  for  the  reversion  to  the  United  States  of  the 

Vot  H  P-  78.  lands  granted  by  Congress  to  aid  in  the  construction  of  a  railroad  from  Amboy,  by 
Hillsdale  and  Lansing,  to  some  point  on  or  near  Traverse  Bay,  in  the  State  of  Michi- 
gan, and  for  the  completion  of  said  road. 

Grants  to  be  in  Be  it  enacted,  tj-c.,  That  the  time  limited  by  the  fourth  section  of  an 
f°JU  ,force'  PTO"  act  entitled  "  An  act  making  a  grant  of  alternate  sections  of  the  public 
vided,  &c.  lands  to  the  State  of  Michigan,  to  aid  in  the  construction  of  certain 

railroads  in  said  State,  and  for  other  purposes,"  approved  Juue  three, 
eighteen  hundred  and  fifty-six,  for  the  completion  of  the  railroad  from 
Amboy,  by  Hillsdale  and  Lansing,  to  some  point  on  or  near  Traverse 
Bay,  shall  be,  and  hereby  is,  revived  and  extended  for  the  period  of 
seven  years,  from  and  after  the  third  day  of  June,  one  thousand  eight 
hundred  and  sixty-six ;  and  that  said  grants  shall  continue  and  remain 
in  full  force  and  effect  for  and  during  that  period,  as  if  it  had  been  so 
provided  in  said  fourth  section  of  said  act  of  June  three,  eighteen  hun- 
The    •Amboy,  dred  and  fifty-six :  Provided,  That  the  Amboy,  Lansing,  and  Traverse 
&C-?  .Eailroad  to  Bay  Railroad  Company,  a  corporation  organized  under  the  laws  of  the 
unless  &c.graD    State  of  Michigan,  shall  forfeit  all  right  to  said  grant,  or  any  part 
thereof  which  it  may  now  have,  or  which  may  hereafter  be  conferred 
upon  it,  by  the  legislature  of  the  State  of  Michigan,  if  and  whenever 
the  said  company  shall  fail,  in  whole  or  in  part  fully  and  completely  to 
Twenty  miles  perform  any  of  the  following  conditions,  that  is  to  say  :  First,  to  clear, 
of  road-bed  to  be  graD,  and  grade  twenty  consecutive  miles  of  the  road-bed  of  said  road 
Feb^F  1867.          between  Owasso  and  Saginaw  City,  so  that  the  same  shall  be  in  readi- 
ness for  the  ties  and  iron  by  the  first  day  of  February,  eighteen  hun- 


Twenty    other  seven  ;  Third,  to  fully  complete  in  like  manner  twenty  miles  of  said  road 
miles  to  be  com-  in  each  and  every  year  after  the  said  first  day  of  November,  eighteen  hun- 
pleted  each  year,  (]re(j  an(j  sixty- seven,  and  to  fully  complete  the  entire  road  by  the  time 
If     conditions  limited  by  this  act :  And  provided  further,  That  in  case  of  failure  of  said 
are  not  perform-  Amboy,  Lansing,  and  Traverse  Bay  Rail  Company  to  perform  any  of  the 
M  i  c  hVan  may  aoove  conditions  by  the  respective  times  limited  therefor,  the  legisla- 
confer  The  grant  ture  of  the  State  of  Michigan  may  at  its  first  session  after  any  such  fail- 
upon  some  other  ure,  confer  the  said  grant  upon  some  other  railroad  corporation,  or  cor- 
railroad  corpora-  porations,  upon  such  terms  and  conditions  as  the  legislature  may  ?-ee 
fit,  to  carry  out  the  purposes  of  the  said  act  of  June  three,  eighteen  hun- 
dred and  fifty- six,  and  when  so  conferred,  such  corporation  or  corpora- 
tions shall  be  entitled  to  have  and  eujoy  all  of  the  said  grant,  which 
shall  not  then  have  been  lawfully  disposed  of,  to  the  same  extent  and 
in  the  same  manner  and  for  the  saine  purposes,  as  if  the  same  had  been 
originally  conferred  upon  such  corporation  or  corporations.     And  any 
Such  grant  not  such  railroad  corporation  or  corporations,  whether  now  organized  or 
to  affect  any  pre-  hereafter  to  be  organized,  upon  which  said  grant  may  be  so  conferred  in 
whole  or  in  part,  may  receive  the  same  without  prejudice  to  any  land 
Limit      to  grant",  or  other  rights  or  franchises  previously  acquired.     But  in  no  case 
amount  of  land  to  8nan  8ucn  corporation  or  corporations  be  entitled  to  receive  more  than 
ten  sections  of  land  to  the  mile,  for  that  portion  of  said  road  which  may 


vie 
so 


MICHIGAN.  233 


consolidated  in  accordance  with  the  provisions  of  this  act:  And,  pro-  .  Control  of  leg- 

vided,  further,  That  if  the  legislature  shall,  in  any  such  case  of  failure,  {^3™  °ver  the 
so  confer  said  grant  as  above  provided,  then  the  said  lands,  or  so  much 
thereof  as  shall  then  remain  not  lawfully  disposed  of,  shall  be  subject 
to  the  disposal  and  future  control  of  said  legislature,  as  provided  in 
section  three  of  said  act  of  June  three,  eighteen  hundred  and  fifty-six, 
until  the  expiration  of  the  time  limited  by  this  act.     But  in  case  the  said     If    legislature 
igislature  shall  in  such  case  fail  to  so  confer  said  grant,  then  the  said  d°es  no*  confer 
,nds  shall  revert  to  the  United  States.  torSSrt  to*  thl 

SEC.  2.  And  be  it  further  enacted,  That  the  Flint  and  Pere  Marquette  United  States. 
_.ailroad  Company  may  change  the  western  terminus  of  its  road  to  some     Flint,  &c.,  rail- 
point  on  Lake  Michigan,  at  or  south  of  Grand  Traverse  Bay;  and  any  road    company 
railroad  corporations,  having  a  right  to  the  respective  land  grants  speci-  western ^tei-m? 
fied  in  the  said  act  of  June  three,  eighteen  hundred  and  fifty-six,  located  nus. 
in  the  lower  peninsula  of  the  State  of  Michigan,  may  unite  and  contract     Railroads  with 
with  each  other,  or  with  any  other  railroad  corporation  or  corporations,  land  grants  may 
for  the  construction  and  operation  of  a  single  line  of  road  for  any  por-  g^8]™^  of* road 
tion  of  their  routes,  without  prejudice  to  any  laud  grants,  or  other  for  any  part  of 
rights  or  franchises  previously  acquired.     And  any  and  all  such  corpora-  their  routes. 
tions  are  hereby  authorized  to  change  the  location  of  their  lines  of  road,  be L<J.(hatioD8l  mfay 
so  far  as  may  be  necessary,  for  the  purpose  of  such  consolidation,  but  not  purpose^1  con- 
so  as  to  change  their  respective  termini  otherwise  than  is  authorized  by  solidation. 
this  act.    And  whenever  any  change  of  terminus  or  location  of  line  is     Maps  of  change 
made,  as  provided  for  in  this  act,  the  corporation  or  corporations  mak-  to  be  filed  in  land 
ing  such  change,  shall  file  in  the  General  Land  Office  new  maps  definitely  omce- 
showing  such  change  and  the  new  line  of  road  adopted  :  Provided,  That     Route,  &c..  of 
the  road  mentioned  in  the  first  section  of  this  act  shall  run  on  the  west  Am  boy,     &c., 
side  of  Saginaw  River,  and  that  the  principal  depot  shall  be  located  in  rap£-nlc\'    i 
the  northern  portion  of  the  plat  of  Saginaw  City,  so  as  best  to  accom-  pot  1E 
inodate  the  cities  of  Saginaw  and  East  Saginaw. 

SEC.  3.  And  be  it  further  enacted,  That  the  lands  granted  by  the  said     Lands  granted 
act  of  June  three,   eighteen  hundred  and  fifty-six,  to  aid  in  the  con-  jn  ^id  of  the  Am- 
struction  of  the  railroad  described  in  the  first  section  of  this  act,  shall  JJ|J^  2°  te'dtf- 
be  disposed  of  only  in  the  following  manner,  that  is  to  say  :  when  the  posed  of. 
governor  of  the  State  of  Michigan  shall  certify  to  the  Secretary  of  the     When  ten  miles 
Interior  that  ten  or  more  consecutive  miles  of  said  road  have  been  com-  ¥"e     completed, 
pleted  in  a  good  and  substantial  manner,  as  a  first-class  railroad,  stating    c' 
definitely  the  commencement  and  termination  of  each  completed  por- 
tion of  said  road  and  the  corporation  or  corporations  so  entitled  to  lands 
on  account  thereof,  the  Secretary  of  the  Interior  shall  cause  patents  for 
lands  for  such  completed  portion  of  said  road  to  be  issued  to  said  cor- 
poration or  corporations  :  Provided,  That  none  of  said  lands  shall  be  ac-     Proviso, 
quired  or  so  patented  for  any  portion  of  said  road  so  completed  south  of 
the  intersection  of  said  road  with  the  Detroit  and  Milwaukee  Railway, 
until  the  whole  of  said  road  north  of  said  intersection  shall  have  been 
completed  and  the  lands  therefor  patented  as  aforesaid ;    And  provided    Road  to  be  a 
further.  That  the  road  mentioned  in  the  first  section  of  this  act  shall  be  Public  highway, 
and  remain  a  public  highway  for  the  use  of  the  Government  of  the  ^nitedSta'tes 
United  States,  and  shall  transport,  free  from  toll  or  other  charges,  all 
property,  troops,  and  munitions  of  war  belonging  to  the  same,  (a) 

SEC.  4.  And  be  it  further  enacted,  That  all  laws  and  parts  of  laws  in-     Repealing 
consistent  with  the  provisions  of  this  act  are  hereby  repealed.  clause. 


(a)  See  Nos.   526,  531,  535,  538,  539,  540,  542,  544,  545,  552,  553,  567,  568,  569,  573,  575, 
593,  594. 


No.  549.— AN  ACT  granting  certain  knds  to  the  State  of  Michigan  to  aid  in  the     July  3, 1866. 
construction  of  a  ship  canal  to  connect  the  waters  of  Lake  Superior  with  the  lake     Vol.  14,  p.  80. 
known  as  Lac  La  Belle,  in  said  State. 


Be  if  enacted,  #c.,  That  there  be,  and  is  hereby,  granted  to  the  State     Lands  granted 
of  Michigan,  lor  the  use  and  benefit  of  the  "  Lac  La  Belle  Harbor  Im-  J?d  jj  tjg1^ 
provement  Company,"  a  company  organized  under  and  by  virtue  of  the  gtruction  of  ship 
laws   of  the  State  of  Michigan,  for  the  purpose  of  aiding  in  tbe  con-  canal      between 
struction  of  a  ship  canal  to  connect  the  waters  of  Lake  Superior  with  La^?     ^"Vf1?!01* 
the  lake  known  as  Lac  La  Belle,  in  said  State,  one  hundred  thousand     Amount*  and 
acres  of  the  public  lands  of  the  United  States  in  the  upper  peninsula  wnere  to  be  ae- 
of  Michigan,  to  be  selected  from  the  odd-numbered  sections  of  land  lected. 
nearest  the  location  of  the  said  canal,  not  otherwise  reserved  or  appro- 
priated, nor  designated  by  the  United  States  as  "  mineral  lands"  prior 
to  the  passage  of  this  act,  nor  to  which  the  rights  of  pre-emption  or 


2o-4  MICHIGAN. 

Size  of  canal^  homestead  have  attached :  Provided,  That  the  said  canal  shall  be  at 

w°ater  of  least  one  hundred  feet  wide  at  the  top,  seventy- five  feet  wide  at  the 

bottom,  and  shall  have,  when  completed,  a  depth  of  water  through  its 

entire  length  of  at  least  twelve  feet,  running  from  sixteen  feet  of  water 

in  Lake  Superior  to  fourteen  feet  of  water  in  Lac  La  Belle:  And  pro- 

Canal  to  be  a  vided  further,  That  said  canal  shall  be  and  remain  a  public  highway  for 

public  highway,  the  use  of  the  Government  of  the  United  States,  free  from  toll  or  charge 

United  States       uPon  the  vessel8  of  said  Government,  or  upon  vessels  employed  by  said 

Government  in  the  transportation  of  any  property  or  troops  of   the 

United  States. 

Lands,  how  to     SEC.  2.  And  be  it  further  enacted,  That  the  lands  hereby  granted  shall 
be  disposed  of  by  he  subject  to  the  disposal  of  the  legislature  of  the  State  of  Michigan 
to* be  wittidrawn  ^or  ^e  ParP°ses  aforesaid  and  no  other;  that  as  soon  as  the  governor 
from  market.       of  the  said  State  shall  file,  or  cause  to  be  filed,  with  the  Secretary  of 
the  Interior,  a  map  or  plan  showing  the  location  of  the  said  canal,  then 
it  shall  be  the  duty  of  the  Secretary  of  the  Interior  to  withdraw  from 
market  the  lands  applicable  and  subject  to  the  provisions  of  this  act ; 
and  whenever  the  governor  of  the  State  of  Michigan  shall  certify  to 
the  Secretary  of  the  Interior  that  the  said  ship  canal  has  been  com- 
pleted, in  a  good,  substantial,  and  workmanlike  manner,  in  all  respects 
in  conformity  with  the  provisions  of  this  act,  and  to  his  satisfaction, 
Patents,  when  then  it  shall  be  the  duty  of  the  Secretary  of  the  Interior  to  issue  pat- 

me-  ents  to  the  said  State  of  Michigan  for  the  lauds  hereby  granted. 

If  canal  is  not  SEC.  3.  And  Ic  It  further  enacted,  That  if  the  said  ship  canal  shall  not 
completed  m  two  ^  compieted  within  two  years  from  and  after  the  passage  of  this  act, 
revert  tne  lands  hereby  granted  shall  revert  to  the  United  States. 


July  3, 1866.        No.  550.— AX  ACT  granting  lands  to  the  State  of  Michigan  to  aid  in  the  constrnc- 
Vol.  14,  p.  81.         tion  of  a  harbor  and  a  ship  canal  at  Portage  Lake,  Keewenaw  Point,  Lake  Superior, 
in  said  State. 

Lands  granted     Be  it  enacted,  $*c.,  That  there  be,  and  hereby  is,  granted  to  the  State 
to  Michigan  for  of  Michigan,  to  aid  in  the  building  of  a  harbor  and  ship  canal  at  Port- 
ship  arca°nal  '"at  age  Late,  Keewenaw  Point,  Lake  Superior,  in  addition  to  a  former 
Portage  Lake,      grant  for  that  purpose,  approved  March  the  third,  eighteen  hundred 
Amount.  and  sixty-five,  two  hundred  thousand  acres  of  land  in  the  upper  penin- 

sula of  the  State  of  Michigan,  and  from  land  to  which  the  right  of 
How  to  be  se- homestea'd  or  pre-emption  has  not  attached:  Provided,  That  one  hundred 
lected.  an(i  fifty  thousand  acres  of  said  lands  shall  be  selected  from  alternate 

odd-numbered  sections,  and  fifty  thousand  acres  from  even-numbered 
To  whose  use  sections  of  the  lands  of  the  United  States.     Said  grant  of  lands  shall 
to  inure.  inure  to  the  use  and  benefit  of  the  Portage  Lake  and  Lake  Superior  Ship 

Canal  Company,  in  accordance  with  an  act  of  the  legislature  of  the 
State  of  Michigan,  conferring  the  laud  granted  to  the  said  State,  by  the 
Time  for  com-  act  herein  referred  to,  on  said  company :  And  provided  further,  That  the 
3tinJ  work  ex-  time  allowed  for  the  completion  of  said  work  and  the  right  of  reversion 
to  the  United  States,  under  the  said  act  of  Congress,  approved  March 
the  third,  eighteen  hundred  and  sixty-five,  be  extended  three  additional 
Mineral  lands  years :  And  provided  further,  That  no  lands  designated  by  the  United 
not  granted.         States  as  "mineral"  before  the  passage  of  this  act  shall  be  included 
within  this  grant.  («) 

(a)  See  Xos.  543,  556,  566, 570,  579. 


Feb.  25, 1867.      No.  551.— AX  ACT  to  amend  an  act  granting  the  right  of  way  over  the  military 
Vol.  14,  p.  4 10.  reserve  at  Fort  Gratiot,  Michigan. 


Buildings     Be  it  enacted  $c.,  That  the  act  entitled  "An  act  granting  the  right  of 
erected   by  any  way  over,  and  depot  grounds  upon,  the  military  reserve  of  Fort  Gratiot, 
ilroadcompany  in  tne  gtate  of  Michigan,"  passed  February  the  eighth,  eighteen  hundred 
tan-1  reservation  and  fifty-nine,  be,  and  the  same  is  hereby,  amended  by  inserting  in  the 
at  'Fort  Gratiot,  last  proviso,  after  the  word  "wood,"  the  words  "or  fire-proof,"  so  that 
to  be  of  wood  or  the  same  shall  read,  "  that  all  buildings  to  be  erected  upon  said  reser- 
vation shall  be  of  wood  or  fire-proof."  (a) 
(a)  See  Xos.  531,  533,  546,  555,  558. 559,  576, 578, 580, 594. 


MICHIGAN.  235 

No.  552.— AN  ACT  to  amend  an  act  entitled  "An  act  to  extend  the  time  for  the     March  2,  1867. 
reversion  to  the  United  States  of  the  lands  granted  by  Congress  to  aid  in  the  con-     Yol.  14,  p,  425. 
struction  of  a  railroad  from  Amboy,  by  Hillsdale  and  Lansing,  to  some  point  on  or  — 
near  Traverse  Bay,  in  the  State  of  Michigan,  and  for  the  completion  of  said  road," 
approved  July  three,  eighteen  hundred  and  sixty-six. 

Be  it  enacted,  $-c.,  That  the  first  section  of  the  act  entitled  "An  act  to     Time  for  corn- 
extend  the  time  for  the  reversion  to  the  United  States  of  the  lands  pletion    of   first 
granted  by  Congress  to  aid  in  the  construction  of  a  railroad  from  Am-  {^a^a^of  Am- 
boy, by  Hillsdale  and  Lansing,  to  some  point  on  or  near  Traverse  Bay,  boy,  &c.,  railroad 
in  the  State  of  Michigan,  and  for  the  completion  of  said  road,"  approved  extended  to  July 
July  three,  eighteen  hundred  and  sixty- six,  be  and  the  same  is  hereby  *>  1867- 
amended  by  striking  out  the  word  "February"  where  it  occurs  in  said 
section,  and  inserting  the  word  "July  "  in  lieu  thereof.  («) 

(a)  See  Nos.  526,  531, 535,  538, 539,  540,  542, 544,  545,  548,  553,  567, 568,  ',69,  573,  575, 593, 594. 


553.— JOINT  RESOLUTION  concerning  certain  lands  granted  to  railroad     May  20,  1868. 
companies  in  the  States  of  Michigan  and  Wisconsin.  Vol.  15,  p.  252. 


Be  it  resolved,  tfc.,  That  a  failure  to  grade  twenty  miles  of  the  roads     Lands  granted 
within  two  years  from  the  passage  of  the  act  entitled  "An  act  to  extend  to  Michigan  and 
the  time  for  the  completion  of  certain  railroads  to  which  laud  grants  Wisconsin    for 
have  been  made  in  the  States  of  Michigan  and  Wisconsin,"  approved  not  to'be^ orf eit- 
on  the  third  day  of  March,. anno  Domini  eighteen  hundred  and  sixty-  ed,  &c. 
five,  and  twenty  miles  additional  thereof  in  each  year  thereafter,  as  re- 
quired by  said  act,  shall  not  cause  any  forfeiture  or  reversion  to  the 
United  States  of  any  lands  granted  to  the  said  States,  or  either  of  them, 
to  aid  in  the  construction  of  the  railroads  described :  Provided,  That    Proviso, 
said  companies,  or  either  of  them,  shall  fully  complete  their  said  rail- 
roads in  the  manner  required  by  law  on  or  before  the  thirty-first 
December,  anno  Domini  eighteen  hundred  and  seventy-two,  at  which 
time  a  failure  shall  forfeit  the  lands  to  the  United  States :  Provided, 
[That]  the  provisions  of  this  section  shall  apply  only  to  the  chartered     Proviso, 
and  projected  line  of  railway  from  the  city  of  Fond  du  Lac  in  the  State 
of  Wisconsin,  northerly  to  Esconaba,  in  the  State  of  Michigan,  and  the 
chartered  and  projected  line  of  railroad  from  Marqnette,  in  the  State  of    Proviso. 
Michigan,  westerly  to  Ontonagon,  in  the  same  State :  And  provided  further, 
That  if  the  said  Marquette  and  Ontonagon  Railroad  Company,  in  the 
State  of  Michigan,  shall  not  have  completed  according  to  law  ten  ad- 
ditional miles  of  their  railroad,  on  or  before  the  first  day  of  January 
A.  D.  eighteen  hundred  and  sixty-nine,  and  shall  not  in  like  manner 
complete  ten  miles  of  said  railroad  in  each  and  every  year  thereafter, 
then  it  shall  be  lawful  for  the  legislature  of  the  said  State  of  Michigan 
to  declare  the  grant  of  lands  to  said  company  to  be  forfeited  and  to 
confer  the  said  grant  of  lauds  upon  some  other  company  in  the  same 
manner  as  if  the  said  grant  was  now  for  the  first  time  made  to  the  said 
State  of  Michigan. 

SEC.  2.  And  be  it  further  resolved,  That  the  Commissioner  of  the  Gen-    Patent  to  Chi- 
eral  Laud  Office  be,  and  he  hereby  is,  authorized  and  directed  to  cause  a  ca£°  and  North- 
patent  in  due  form  of  law,  to  be  issued  to  the  Chicago  and  Northwest-  c^mVanv  for 
era  Railway  Company,  in  pursuance  of  a  resolution  passed  by  Congress  eighty  acres    of 
granting  the  same  to  the  State  of  Wisconsin,  approved  April  twenty- land    of    Fort 
five,  anno  Domini  eighteen  hundred  and  sixty-two,  and  an  act  of  the  Howard  military 
legislature  of  Wisconsin,  approved  June  sixteen,  anno  Domini  eight-  rei 
een  hundred  and  sixty-two,  granting  the  same  to  said  company  for 
eighty  acres  of  land  of  the  Fort  Howard  military  reserve,  as  the  same 
was  surveyed  and  approved  by  said  Commissioner  on  the  eleventh  June, 
anno  Domini  eighteen  hundred  and  sixty-four,  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  542,  544,*545,  548, 552,  567,  568,  569,  573,  575,  593, 
494. 

No.  554.— AN  ACT  to  extend  the  time  of  completing  the  military  road  authorized     June  8, 1868. 
by  an  act  entitled  "An  act  granting  lands  to  the  States  of  Michigan  and  Wisconsin     VoL  15,  p.  67. 

to  aid  in  the  construction  of  a  military  road  from  Fort  Wilkins,  Copper  Harbor,  Ke 

wenaw  County,  in  the  State  of  Michigan,  to  Fort  Howard,  Green  .Bay,  in  the  State 
of  Wisconsin." 

Be  it  enacted,  £c.,  That  the  tinje  for  completing  the  military  road,  and  Time  of  com- 
for  the  sales  of  lands,  authorized  by  an  act  entitled  "An  act  granting  pleting  military 
lands  to  the  States  of  Michigan  and  Wisconsin  to  aid  in  the  construe-  Jend'ed  &C<>  6** 
tion  of  a  military  road  from  Fort  Wilkins,  Copper  Harbor,  Kewenaw 


236  MICHIGAN. 

County,  in  the  State  of  Michigan,  to  Fort  Howard,  Green  Bay,  in  the 
State  of  Wisconsin,"  approved  March  third,  eighteen  hundred  and  sixty- 
three,  be  and  the  same  is  hereby,  extended  to  March  first,  eighteen  hun- 
dred and  seventy,  (a) 

(a)  See  Nos.  537,  541,  560,  571. 


July  20,  1868.     Wo.  555.— AN  ACT  providing  for  the  sale  of  a  portion  of  the  Fort  Gratiot  military 
Vol.  15,  p.  123.  reservation  in  St.  Clair  County,  in  the  State  of  Michigan. 

Fort  Gratiot     Be  it  enacted,  $-c.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 
military  reserva-  authorized  to  sell,  at  such  times  as  he  may  deem  most  advantageous  to 
tion  may  be  sold.  the  interests  of  the  Government,  and  in  such  manner  as  hereinafter  pro- 
vided, all  that  portion  of  the  military  reservation  known  as  Fort  Gra- 
tiot, in  St.  Clair  County,  in  the   State  of  Michigan,  which  lies  south 
of  a  line  running  due  west  from  the  south  end  of  the  Grand  Trunk  Rail- 
road wharf,  on  the   St.  Clair  River,  until  it  intersects  the  road  known 
as  the  Lexington  road,  and  all  that  portion  which  lies  west  of  said 
Lexington  road. 

Portion  of  res-      SEC.  2.  And  be  it  further  enacted,  That  all  that  portion  of  the  above-de- 

ervation    to    be  scribed  lands  which  lies  east  of  a  line  running  due  south  from  the  point 

divided    into  of  intersection  with  the  Lexington  road,  mentioned  in  the  foregoing 

blocks,  <fcc.,  and  section  of  this  act,  shall  be  divided  into  blocks  and  lots  of  convenient 

public  auction.*1  size  for  building  purposes,  with  public  streets  conforming  as  near  as 

may  be,  without  detriment  to  the  interests  of  the  Government  or  the 

State,  to  the  public  streets  of  the  city  of  Port  Huron,  adjoining  such 

ground,  and  sold  by  lots  at  public  auction,  at  the  city  of  Port  Huron, 

Notice.  to  the  highest  bidder,  public  notice  of  such  sale  having  first  been  given 

for  thirty  days  by  advertisement  in  all  the  papers  published  in  the  city 

of  Port  Huron,  and  in  at  least  two  papers  published  in  the  city  of  Detroit, 

Plat  of  divis-  Michigan.    A  plat  of  this  division,  made  in  accordance  with  the  laws  of 

ion.  the  State  of  Michigan,  shall  be  filed  with  the  register  of  deeds  of  the 

Rest  of  reser- county  of  St.  Clair,  State  of  Michigan.     The  remaining  portion  of  said 

vation  to  be  sold  military  reservation,  for  the  sale  of  which  provision  is  made  in  the  first 

when  and  how.     section  of  this  act,  shall  be  sold  at  public  auction  at  the  city  oi'  Port 

Huron,  after  due  notice,  as  prescribed  in  the  foregoing  paragraph,  at 

such  times  and  in  such  parcels  as  may  be  deemed  most  advantageous  to 

the  interests  of  the  Government,  by  the  Secretary  of  War.  (a) 

Proceeds  of     SEC.  3.  And  be  it  further  enacted,  That  the  proceeds  arising  from  the 
sales.  sale  herein  provided  for,  shall  be  paid  into  the  Treasury  of  the  United 

States  in  the  same  manner  as  the  proceeds  from  the  sale  of  other  public 
lands. 

(a)  See  Nos.  531,  533,  546, 551, 558, 559, 576,  578, 580, 594. 


April  10,  1869.    No.  556.— A  RESOLUTION  extending  the  time  for  the  completion  of  the  Portage 
VoL  16,  p.  55.  Lake  and  Lake  Superior  ship  canal. 


Time  for  com-  Resolved,  <fc.,  That  the  time  for  the  completion  of  the  Portage  Lake 
uleting  Portage  and  Lake  Superior  ship  canal  be,  and  the  same  is  hereby,  extended  to 
Lake  and  Lake  the  lnird  day  of  March,  eighteen  hundred  and  seventy-one,  (a) 


Superior  ship  ca- 
nal extended.  («)  See  Nos.  543,  550, 566,  570,  579. 


March  3,  1869.    No.  557.— AN  ACT  confirming  certain  purchases  of  lands  in  the  Ionia  district, 
Vol.  15,  p.  462.  Michigan,  made  by  Charles  H.  Rodd  and  Andrew  J.  Campeau. 

Certain     loca       Be  it  enacted,  <fc.,  That  the  locations  and  purchases  of  land  made  by 
tions    and    pur-  Charles  H.  Rodd  and  Andrew  J.  Campeau,  under  the  provisions  of  the 
chases  of  land  by  treaty  of  August  two,  eighteen  hundred  and  fifty-five,  in  the  Ionia  land 
and   Andrew0  J  district,  Michigan,  be,  and  the  same  are  hereby  confirmed,  so  far  as  such 
Campeau    con-  purchases  or  locations  were  made  prior  to  the  instructions  of  the  Corn- 
firmed,  missioner  of  the  General  Land  Office  to  the  register  and  receiver  not  to 
allow  any  further  Indian  locations  or  purchases  in  the  Indian  reserva- 
Provisos.           tion  :  Provided,  That  such  purchases  were  made  regularly,  according  to 
the  regulations  and  instructions  of  the  General  Land  Office  in  force  at 
the  time:  And  provided,  That  this  act  shall  not  prejudice  any  adverse 
claims  to  such  lands. 


MICHIGAN.  237 

No.  558.— AN  ACT  to  amend  an  act  entitled  "  An  act  providing  for  the  sale  of  a  por-     March  18,  1870. 
tiou  of  the  Fort  Gratiot  military  reservation  in  St.  Glair  County,  in  the  State  of     Vol.  16,  p.  76. 
Michigan,"  approved  July  twentieth,  eighteen  hundred  and  sixty -eight. 

Be  it  enacted,  <$-c.,  That  an  act  entitled  "  An  act  providing  for  the  sale     Fort     Gratiot 
of  a  portion  of  the  Fort  Gratiot  military  reservation  in  St.  Glair  County,  military  reserva- 
in  the  State  of  Michigan,"  approved  July  twentieth,  eighteen  hundred  lon> 
and  sixty-eight,  be,  and  the  same  is  hereby,  amended  by  adding  to  the 
end  of  the  second  section  thereof  the  following,  to  wit :  "  Provided,  That     Grant  to  Port 
there  shall  be,  and  is  hereby,  granted  to  the  city  of  Port  Huron,  in  per-  Huron  for  a  pub- 
petuity,  for  public  grounds,  to  be  designated  and  known  as  '  Pine  Grove      Parl£- 
Park,'  all  that  portion  of  said  military  reserve  known  and  described  as 
follows,  to  wit :  commencing  at  a  point  on  the  St.  Clair  River  bank,  be- 
ing north  sixty  degrees  and  fifty-five  minutes  east,  one  chain  and  seventy- 
five  links  from  the  southeast  corner  of  Fort  Gratiot  military  cemetery  ; 
thence  south  sixty  degrees  and  fifty-five  minutes  west,  eleven  chains 
and  fifteen  links,  at  right  angles  with  and  to  intersect  the  east  line  of 
Harrington  avenue,  so  called;  thence  south  twenty-nine  degrees  and 
five  minutes  east,  along  the  east  line  of  said  avenue,  twenty  chains; 
thence  north  sixty  degrees  and  fifty-five  minutes  east,  at  right  angles 
with  said  avenue,  to  the  United  States  boundary  line  in  the  St.  Clair 
Eiver ;  thence  northerly  along  said  boundary  line  to  a  point  at  which 
the  northerly  line  of  the  above  described  '  Pine  Grove  Park '  extended 
in  a  right  line  easterly  would  intersect  thesame;  thence  westerly  along 
said  extended  northerly  line  to  the  place  of  beginning.     Containing 
twenty  and  ninety-hundredth  acres  of  land,  together  with  the  river 
front  adjoining  thereto."  (a) 

(a)  See  JSTos.  531,  533,  546,  551,  555,  559,  576,  578,  580,  594. 


559.— AN  ACT  to  provide  for  the  survey  of  the  Fort  Gratiot  military  reserva-     May  4,  1870. 
tion,  in  the  State  of  Michigan .  YoL  16,  p.  97. 

it  enacted,  #c.,  That  there  be,  and  is  hereby,  appropriated  from  any     Appropriation 
leys  in  the  Treasury  not  otherwise  appropriated,  the  sum  of  three  for  survey,  &c., 
thousand  dollars,  to  complete  the  survey  and  subdivision  of  the  Fort  of  y°rt  Gratiot 
Gratiot  military  reservation  in  pursuance  of  law ;  and  that  said  money  JJJJJ     y  rt 
be  returned  to  the  Treasury  from  the  proceeds  of  the  sale  of  any  part  of 
said  military  reservation,  (a) 
(a)  See  Nos.  531,  533,  546,  551,  555,  558,  576,  578,  580,  594. 


No.  56O.— AN  ACT  to  extend  the  time  for  the  completion  of  the  militaryroad  from     May  6,  1870. 
Fort  Wilkins,  at  Copper  Harbor,  in  the  State  of  Michigan,  to  Fort  Howard,  at  Green     Vol.  16,  p.  121. 
Bay,  in  the  State  of  Wisconsin.  


Be  it  enacted,  <fc..  That  the  time  for  the  construction  and  completion  Time  for  com- 
of  the  military  road  from  Fort  Wilkins,  at  Copper  Harbor,  in  the  State  pletion  of  mili- 
of  Michigan,  to  Fort  Howard,  at  Green  Bay,  in  the  State  of  Wisconsin,  £ Oyr tr° wilkiZ 
be,  and  the  same  is  hereby,  extended  until  the  first  day  of  January,  one  Michigan,  ex- 
thousand  eight  hundred  and  seventy-two.  tended. 

SEC.  2.  And  le  it  further  enacted,  That  all  the  grants,  rights,  and  privi-  .Original  grants, 
leges  contained  in  the  original  grant  be  continued  in  full  force  and  &CM  preserved, 
virtue  for  said  time,  (a) 

(a)  See  Nos.  537,  541,  554,  571. 


No.  561.— AN  ACT  for  the  relief  of  Thomas  Henderson.  July  1,  1870. 

Be  it  enacted,  #o.,  That  Thomas  Henderson,  of  Wayne  County,  Michi-     YoL16»P-647- 
gan,  his  heirs  or  assigns,  be  entitled  to  enter  at  the  proper  land  office,     Thomas    Hen- 
where  the  same  lies,  the  back  concession  of  front  concession  number  derson  may  enter 
two  hundred  and  fifty-nine,  in  the  township  of  Ecorce,  in  said  Wayne  ^rata^    county1 
County,  containing  eighty  acres,  more  or  less,  at  the  sum  of  two  dollars  Michigan, 
and  fifty  cents  per  acre,  embracing  the  improvements  made  upon  said 
back  concession  by  said  Henderson  under  a  claim  of  pre-emption,  the 
same  to  be  surveyed  and  laid  off  by  the  surveyor-general  at  the  expense 
of  said  claimant,  and  to  be  patented  to  him,  his  heirs  or  assigns,  on  full 
payment  being  made :  Provided,  That  this  act  shall  not  affect  the  valid    Proviso, 
claim  of  any  other  person  to  said  land. 


238 


MICHIGAN. 


July  15, 1870. 
VoL  16,  p.  365. 

Right  of  the 
United  States  to 
a  lot  of  land  in 
Mackinac  given 
to  the  trustees  of 
public  schools  in 
that  place. 


To 
&c. 


revert 


No.  56'2.— AX  ACT  donating  for  school  purpose*  acertain  lotof  land  with  the  build- 
ing thereon  erected,  known  as  the  Old  Indian  Dormitory,  in  the  village  of  Mackinac, 
Michigan. 

Be  it  enacted.  $°c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 
hereby,  authorized  and  required  to  grant  and  convey  to  the  trustees  of 
the  public  schools  for  the  village  of  Mackinac,  Michigan,  all  the  right, 
title,  and  interest  of  the  United  States  in  and  to  a  certain  inclosed  lot 
of  land  with  the  building  thereon  erected,  known  as  the  Old  Indian 
Dormitory,  situate  in  the  said  village  of  Mackinac,  to  be  used  for  school 
purposes  only.  And  whenever  the  same  shall  be  converted  to  other 
uses,  it  shall  revert  to  the  United  States,  (a) 

(a)  See  Nos.  453,  476,  493,  586. 


July  15,  1870. 
VoL  16,  p.  672. 


Preamble. 


No.  563.-  JOINT  RESOLUTION  directing  the  Commissioner  of  the  General  Land 
Office  to  issue  a  patent  to  Stephen  Marston.  of  Hartford,  State  of  Connecticut,  con- 
veying to  the  said  Marbton  the  lands  described  in  said  resolution. 


Whereas  the  said  Stephen  Marston  is  in  possession  of  'the  following- 
described  lands,  to  wit :  A  certain  piece  or  parcel  of  land  in  fractional 
section  five,  in  township  thirteen  north,  of  range  five  east,  in  Bay 
County,  State  of  Michigan,  being  part  of  the  middle  ground  in  Saginaw 
River,  in  the  said  State  of  Michigan,  described  as  follows,  to  wit :  Com- 
mencing at  a  point  where  the  north  line  of  said  section  five  intersects 
the  east  bank  of  said  middle  ground,  said  poinf  being  located  forty-one 
chains  and  fourteen  links  east  of  the  northwest  corner  of  section  five; 
running  thence  west  on  the  township  line  seven  chains  and  fifty- seven 
links  ;  thence  south  four  degrees  and  fifty  minutes  east  (true  meridian), 
eighteen  chains  and  twenty-nine  links;  thence  east,  parallel  with  the 
township  line,  seven  chains  and  fifty-seven  links,  to  the  river  bank ; 
thence  northerly  along  the  meanderings  of  said  river  to  the  place  of 
beginning.  Also,  a  portion  of  section  thirty-two,  in  township  fourteen 
north,  of  range  five  east,  lying  immediately  north  of  and  adjoining  the 
above-described  land,  described  as  follows :  Commencing  at  the  point 
where  the  south  line  of  said  section  thirty- two  intersects  the  east  bank 
of  said  middle  ground,  said  point  being  located  forty-one  chains  and 
fourteen  links  east  of  the  southwest  corner  of  said  section  thirty-two; 
running  thence  west  on  the  township  line  seven  chains  and  fifty-seven 
links ;  thence  north  two  degrees  and  fifty-nine  minutes  west  (true  me- 
ridian), three  chains  and  fifty-three  links;  thence  east,  parallel  with 
township  line,  seven  chains  and  fifty-seven  links,  to.  the  river  bank ; 
thence  southerly  with  the  meandering  of  said  river  to  the  place  of  begin- 
ning, containing  in  the  two  parcels  of  land  above  described  sixteen  and 
fifty-one  huudredths  acres,  be  the  same  more  or  less,  and  has  improved 
said  lands  by  erecting,  or  causing  to  be  erected,  thereon  a  saw- mill  and 
other  buildings  of  great  value,  namely,  of  the  value  of  twenty  thousand 
dollars ;  and  whereas  said  lands  are  in  the  Saginaw  River,  in  the  said 
State  of  Michigan,  and  known  as  middle  ground ;  and  whereas  said 
Marston  and  his  grantors  owned  the  land  on  the  shore  or  bank  of  said 
river  opposite  the  said  above-described  lands,  and  supposing  and  be- 
lieving that  he  was  the  legal  owner  of  said  lands,  he  proceeded  to  make, 
or  cause  to  be  made,  the  said  improvements  on  said  lands:  Therefore, 
Patent  for  cer-  Be  it  resolved,  <f  c.,  That  the  Commissioner  of  the  General  Land  Office 
tain  lands  to  issue  b6j  and  he  is  hereby,  authorized  and  directed  to  issue  to  Stephen  Mars- 
ston  Sp<m  pay-  ton>  of  Hartford,  Connecticut,  a  patent  conveying  to  said  Marston  the 
above- described  lands,  upon  the  payment  into  the  said  land  office,  by  said 
Marston,  of  the  sum  of  one  hundred  dollars:  Provided,  That  nothing 
herein  shall  be  construed  to  give  said  Marston  title  to  said  lands,  if  any, 
west  of  a  line  drawn  northerly  and  southerly  through  said  island,  being 
the  middle  of  the  river. 


ment,  <fcc. 
Proviso. 


Feb.  18,  1871.     No.  564.— AN  ACT  confirming  the  title  of  Nathan  Boyer  to  certain  lands  in  the 
VoL  16,  p.  68-2.  State  of  Michigan. 

Preamble.  Whereas  Nathan  Boyer,  under  date  of  June  twentieth,  eighteen  hun- 

dred and  sixty-five,  entered  at  the  local  land  office  at  East  Saginaw, 
Michigan,  per  cash  entry  number  nine  thousand  three  hundred  and 
thirty-five,  the  south  half  of  the  southeast  quarter  of  section  twenty, 
township  thirteen  north,  of  range  two  west,  at  the  graduation  price  of 
twenty-five  cents  per  acre,  having  settled  thereon,  tiled  his  declaratory 
statement  under  the  preemption  laws,  and  continued  his  residence  upon 


MICHIGAN.  239 

and  improvement  of  said  tract  until  the  date  of  entry,  except  during 
his  absence  in  the  military  service  of  the  United  States ;  and  -whereas 
the  graduation  act  was  repealed  June  second,  eighteen  hundred  and 
sixty-two,  before  the  year  allowed  Mr.  Boyer  in  which  to  make  proof 
and  payment  for  said  land  had  expired  :  Therefore, 

Be  it  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office    Patent  for  land 
be  directed  to  issue  a  patent  to  said  Nathan  Boyer,  as  per  said  entry  for  SJ^flJ?  *°  •Na" 
the  land  described,  the  same  as  if  the  title  had  been  completed  under     ' 
the  graduation  act  of  August  fourth,  eighteen  hundred  and  fifty- four. 


No.  565.— AN  ACT  ceding  certain  land  in  the  village  of  Mackinaw,  Michigan,  to     March  2,  1871. 

E.  A.  Franks.  Vol.  16,  p.  470. 


Be  it  enacted,  $-c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is     Land  in  Mack- 
hereby,  authorized  and  required  to  grant  and  convey  to  E.  A.  Franks,  inaw,  Michigan, 
of  -the  village  of  Mackinaw,  in  the  State  of  Michigan,  all  the  right,  E,rant^d  to  E-  A> 
title,  and  interest  of  the  United  States  in  and  to  a  certain  tract  or  lot    I 
of  land  in  said  village  upon  which  stands  the  Mission  House,  so  called, 
and  surrounding  the  same  and  joining  private  property  on  the  west  and 
south,  containing  sixteen  acres  more  or  less,  upon  payment  into  the 
Treasury  of  the  United  States  [of]  the  value  thereof,  as  shall  be  ascer- 
tained by  an  appraisement  under  a  commission  for  that  purpose,  to  be 
appointed  by  the  Secretary  of  War. 


>.  566.— JOINT  RESOLUTION  extending  the  time  for  the  completion  of  the     March  2,  1871. 
Portage  Lake  and  Lake  Superior  ship  canal.  Vol.  16,  p.  599. 


Resolved,  $-c.,  That  the  time  for  the  completion  of  the  Portage  Lake  Tide  for  com* 
and  Lake  Superior  ship  canal  be,  and  the  same  is  hereby,  extended  to  pleticfci  of  Port' 
the  third  clay  of  March,  A.  D.  eighteen  hundred  and  seventy-two,  (a) 


R; 


)  See  Nos.  543,  550,  556,  570,  579.  ship     canal     ex- 

tended. 


No.  567.— AN  ACT  to  extend  the  time  for  the  reversion  to  the  United  States  of  the  March  3,  1871. 
lauds  granted  by  Congress  to  the  State  of  Michigan  to  aid  in  the  construction  of  a  Yol.  16,  p.  582. 
railroad  from  Pere  Marquette  to  Flint,  in  said  State,  and  for  other  purposes. 


Be  it  enacted,  #c.,  That  the  time  specified  in  the  fourth  sectien  of  the  Time  for  rev  er- 
act  of  Congress,  approved  June  third,  eighteen  hundred  and  fifty-six,  8i^t°J  t(J  JJ}^ 
entitled  "An  act  making  a  grant  of  alternate  sections  of  the  public  lands  fgan  for  raiiroad 
to  the  State  of  Michigan  to  aid  in  the  construction  of  certain  railroads  from  Pere  Mar- 
in  said  State,  and  for  other  purposes,"  for  the  reversion  to  the  United  quette  to  Flint 
States  of  the  lands  granted  by  said  act  to  aid  in  the  construction  of  a 
railroad  from  Pere  Marquette  to  Flint,  and  for  the  completion  of  said 
road,  be,  and  the  same  is  hereby,  further  extended  for  the  period  of  five 
years  from  and  after  the  passage  of  this  act. 

SEC.  2.  That  the  State  of  Michigan  may  authorize  the  sale  of  sixty     The  State  may 
sections  of  the  land  granted  to  aid  the  construction  of  said  railroad  from"authoriz.eth|8a,le 
Pere  Marquette  to  Flint,  whenever  and  as  often  as  the  governor  of  said  Jj^js  when  &c? 
State  shall  certify  that  ten  additional  miles  of  said  railroad  is  completed 
and  in  running  order  as  a  first-class  railroad  :  Provided,  That  said  lands 
authorized  to  be  sold   as  aforesaid  shall  include  only  lands  situated 
opposite  to  and  coterminous  with  the  completed  sections:  And  provided,    Proviso. 
That  in  case  said  railroad  shall  not  be  fully  completed  from  Flint  to 
Lake  Michigan  within  the  time  as  extended  by  this  act,  all  the  lands 
included  in  said  grant   to  which  the  right  to  sell  shall  not  then  have 
attached  shall  revert  to  the  United  States,  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  542,  544,  545,  548,  552,  553,  568,  569,  573,  575,  593, 
594. 

No.  368.— AN  ACT  to  enable  the  Jackson,  Lansing,  and  Saginaw  Railroad  Company  March  3, 1871. 
to  change  the  northern  terminus  of  its  road  from  Traverse  Bay  to  the  Straits  of  Vol.  16,  p.  586. 
Mackinaw,  and  for  other  purposes. 

Beit  enacted,  ^-c.,  That  the  Jackson,  Lansing,  and  Sagiuaw  Railroad  .Jackfcm,  Lan- 
Company,  a  corporation  organized  and  existing  under  the  laws  of  the  ^"w' Railroad 
State  of  Michigan,  and  to  which  the  said  State  granted  a  portion  of  the  c  o m  pan y  may 
land  grant  made  to  aid  in  the  construction  of  a  raiiroad  from  Aniboy,  change  its  north- 


240  MICHIGAN. 

era  terminus,  by  Hillsdale  and  Lansing,  to  some  point  on  or  near  Traverse  Bay,  by  an 
and  alter  its  lo-  act  entitled  "An  act  making  a  grant  of  alternate  sections  of  the  public 
lands  to  the  State  of  Michigan  to  aid  in  the  construction  of  certain  rail- 
roads in  said  State,  and  for  other,  purposes,"  approved  June  three,  eight- 
een hundred  and  fifty-six,  be,  and  hereby  is,  empowered  and  authorized 
to  change  the  northern  terminus  of  its  railroad  from  Traverse  Bay  to 
some  point  on  or  near  the  Straits  of  Mackinaw,  in  said  State  of  Michi- 
gan, and  to  change  the  location  of  the  incompleted  portion  of  its  rail- 
road, so  as  to  obtain  the  most  direct  and  suitable  practicable  route  from 
Proviso.  Saginaw  River  to  the  Straits  of  Mackinaw  :  Provided,  That  such  change 

shall  lessen  the  length  of  said  line  by  rendering  it  more  direct :  And 
provided  further,  That  no  change  in  the  location  of  said  line  of  railroad 
shall  have  the  effect  or  be  construed  to  work  any  change  in  the  land 
grant  made  to  aid  in  the  construction  of  said  road  :  And  provided  also, 
That  such  new  location  shall  be  made  within  the  limits  of  such  land 
grant  until  the  northern  limit  of  said  grant  is  passed. 

Only  lands  SEC.  2.  That  only  the  lands  embraced  within  the  limits  of  the  said 
within  the  origi-  grant  as  the  same  was  originally  located  under  said  act  of  Congress  of 
nal  location  shall  Jane  threej  eighteeu  hundred  and  fifty -six,  shall  pertain  to  said  railroad, 
railroad.  or  he  applicable  to  aid  in  the  building  of  the  same,  whether  it  be  con- 

structed on  such  new  or  improved  location,  or  on  the  said  original  loca- 
Such     lands  tion.     But  all  the  lands  within  the  limits  of  said  grant  now  remaining 
to  a?d  in  the  con  Un8old»  and  of  the  character  described  and  embraced  in  said  act  of  Con- 
struction of  the  gress,  whether  heretofore  listed  and  certified  by  the  Commissioner  of 
railroad.  the  Land  Office  as  inuring  under  said  grant  or  not,  shall  belong  to  and 

be  applicable  to  aid  in  the  construction  of  said  railroad,  whether  built 
on  said  improved  or  said  original  location,  and  the  said  company,  on 
completing  its  said  railroad,  or  any  portion  thereof,  within  the  time  and 
in  the  manner  required  by  law,  namely,  on  or  before  June  third,  eight- 
een hundred  and  seventy-three,  the  time  limited  in  the  act  of  Congress 
of  July  third,  eighteen  hundred  and  sixty-six,  on  such  new  or  improved 
line,  shall  be  entitled  to  the  same  amount  of  said  lands  for  each  mile 
of  said  railroad  so  constructed  as  if  the  same  had  been  built  on  the  line 
Proviso.  originally  located  under  said  act :  Provided,  That  said  company  shall  not 

be  entitled  to  any  of  said  lands  for  that  part  of  its  said  new  or  improved 
line  situate  to  the  northward  of  the  limits  of  its  said  land  grant,  and 
between  that  point  and  the  Straits  of  Mackinaw ;  but  the  right  of  way 
for  said  railroad  over  the  public  lands  on  its  new  or  improved  location 
is  hereby  granted,  (a) 

(a)  See*  Xos.  526,  531,  535,  538,  539,  540,  54»,  544,  545,  548,  552,  553,  567,  569,  573,  575,  593, 
594. 


April  20,  Ie71.    No.  569.— AN  ACT  to  enable  the  Houghton  and  Ontonagon  Railroad  Company  to 
Vol.  17,  p.  643.  make  a  resurvey  of  its  road. 


Houghtou  and  Be  it  enacted,  <$-c.,  That  the  Houghton  and  Ontonagon  Railroad  Com- 
Outonagon  R.  R.  pauy,  a  corporation  organized  and  existing  under  the  laws  of  the  State 
Co.  may  resur-  of  Michigan,  and  upon  which  the  said  State,  in  pursuance  of  a  joint 
anew^a  part^ol  resolution  of  Congress  approved  May  twentieth,  eighteen  hundred  and 
their  road.  sixty-eight,  has  conferred  the  grants  of  land  made  to  aid  in  the  con- 

struction of  a  road  from  Marquette  to  Ontonagon,  be  authorized  to  make 
a  resurvey  and  new  location  of  that  part  of  the  line  between  Marquette 
Lands.  and  Ontouagon  to  be  constructed  by  said  company :  Provided,  That  the 

said  company  shall  be  entitled  to  select  and  receive  only  its  complement 
of  lands  for  each  mile  of  road  constructed  and  completed,  in  the  man- 
ner required  by  law,  from  the  alternate  odd-numbered  sections  of  lands- 
belonging  to  the  United  States  and  within  the  limits  heretofore  assigned 
Map    of    new  to  said  line  of  road:  Provided  further,  That  on  the  completion  of  said 
survey  a  map  of  the  new  line  shall  be  filed  with  the  Commissioner  of 
Rolands  for  in-  the  General  Land  Office :  And  provided  further,  That  said  company  shall 
me-         not  be  entitled  to  receive  any  lauds  for  any  increased  length  of  the  new- 
line  hereby  authorized,  and  shall  only  be  entitled  to  receive  its  lands 
Homestead  coterminous  with  its  line  of  road  as  completed:  And  provided,  That 
avh  Pre'emPtion  nothing  contained  in  this  act  shall  be  held  to  interfere  with  homestead 
rights.  op  preemption  rights  under  existing  laws,  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  573,  575, 
593,  594. 


MICHIGAN.  241 

No.  570.— AN  ACT  extending  the  time  for  the  completion  of  the  Portage  Lake  and     March  27,  1872. 
Lake  Superior  ship  canal.  Vol-  17,  P-  44. 


and 

tll6   tJJiru.  ua>y  ui.  irictruii,  aiiuu  Mumim  cnguuccu.   JLIUUUJ.&U  cvuu.  wi  V-M.VJ    j^ake       Supei 
three,  (a)  ship    canal    ex- 

fa)  See  Nos.  543, 550, 556,  566,  579.  tended. 

571  .—AN  ACT  to  extend  the  time  for  the  completion  of  the  military  road  from     April  24, 1872. 
rt  Wilkins,  at  Copper  Harbor,  in  the  State  of  Michigan,  to  Fort  Howard,  at  Green     Yol.  17,  p.  56. 
in  the  State  of  Wisconsin. 


Be  it  enacted,  £c.,  That  the  time  for  the  construction  and  completion  Time  for  com- 
of  the  military  road  from  Fort  Wilkins,  at  Copper  Harbor,  in  the  State  pleting  the  mili- 
of  Michigan,  to  Fort  Howard,  at  Green  Bay,  in  the  State  of  Wisconsin,  JjJJJJ.  wnkins°to 
be,  and  the  same  is  hereby,  extended  until  the  first  day  of  January,  Fort  Howard  ex- 
eighteen  hundred  and  seventy -four.  tended  with 

SEC.  2.  That  all  the  grants,  rights,  and  privileges  contained  in  the  £Jglnal  rigbts- 
original  grant  be  continued  in  full  force  and  virtue  for  said  time,  (a) 

(a)  See  Nos.  537,  541,  554,  560. 

No.  572.— AN  ACT  to  extend  the  time  of  payment  for  their  lands  by  persons  hold-     May  9,  1872. 
ing  pre-emptions  on  the  public  lands  in  the  States  of  Minnesota,  Wisconsin,  Michi-     Vol.  17,  p.  88. 
gan,  and  Territory  of  Dakota. 

[See  MINNESOTA,  No.  1898.] 


No.  573.— AN  ACT  to  authorize  the  Chicago  and  Northwestern  Railway  Company     May  23,  1872. 
to  change  their  projected  line  of  railway  in  the  State  of  Michigan.  Vol.  17,  p.  160. 


Be  it  enacted,  $-c.,  That  the  Chicago  and  Northwestern  Railway  Com-    Chicago    and 
pany  are  hereby  authorized  to  change  and  relocate  that  part  of  their  Northwestern 
projected  line  of  railway  "  from  the  city  of  Fc  ad  du  Lac,  in  the  State  of lc  a  *  * w  a 
Wisconsin,  northerly  to  Eecoi.abii,  in  tha  State  of  Michigan,"  which 
in  said  btate  of  Michigan,  HO  as  to  run  eaid  1'ne  from  "    t  o  near  the  road, 
mouth  of  the  Menomone-1)  River  to  Esconaba,"  on  such  line  -within  the 
limits  of  the  land  grant  reserved  for  the  use  of  said  company,  now  on 
file  in  the  office  of  the  Commissioner  of  the  General  Land  Office,  as  they 
may  deem  most  advantageous,  and  shall  cause  a  plat  of  their  line,  as 
relocated,  to  be  filed  in  said  office  within  six  months  of  the  passage  of 
this  act :  Provided,  That  the  grant  of  lands  heretofore  made  to  aid  in     Former  grants 
the  construction  of  said  railroad  shall  not  be  increased  or  changed  in  any  of  lands  not  af- 
respect  whatever  by  the  change  of  line  hereby  authorized,  (a)  fected. 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  569,  575,  593, 
594. 


574.— AN  ACT  relative  to  homestead  settlers  burned  out  in  the  States  of  Min-     June  8,  1872. 
nesota,  Wisconsin,  and  Michigan.  Yol.  17,  p.  337. 

[See  MINNESOTA,  No.  1900.] 


575.— AN  ACT  for  the  restoration  to  market  of  certain  lands  in  Michigan.         June  10,  1872. 
Be  it  enacted,  #c.,  That  all  the  lands  remaining  undisposed  of  in  the 


reservation  made  for  the  Ottawa  and  Chippewa  Indians  of  Michigan  by  Unsold  lands  of 
the  treaty  of  July  thirty  -first,  eighteen  hundred  and  fifty-five,  shall  reserVSn  in 
be  restored  to  market  by  proper  notice,  under  direction  of  the  Secretary  Michigan  to  be 
of  the  Interior,  as  hereinafter  provided,  (a)  restored  to 

SEC.  2.  That  said  unoccupied  lands  shall  be  open  to  homestead  entry  marke.J- 
for  six  months  from  the  passage  of  this  act  by  Indians  only  of  said  homestead  entry 
tribes  who  shall  have  not  made  selections  or  purchases  under  said  by  Indians  only 
treaty,  including  such  members  of  said  tribes  as  have  become  of  age  for  six  months, 
since  the  expiration  of  the  ten  years  named  in  the  treaty  ;  and  any  In- 
dian so  entitled  shall  be  permitted  to  make  his  homestead  entry  at  the 
local  office  within  the  six  months  aforesaid  of  not  exceeding  one  hun- 
dred and  sixty  acres,  or  one  quarter- section  of  minimum,  or  eighty  acres 
of  double  minimum  land,  on  making  proper  proof  of  his  right  under 

3h  rules  as  may  be  prescribed  by  the  Secretary  of  the  Interior :  Pro- 

16  L  O — YOL  II 


242  MICHIGAN. 

Collector  of  vided,  That  the  collector  of  customs  for  the  district  in  which  said  land 
customs  to  select  is  situated  is  hereby  authorized,  and  it  is  made  his  duty  to  select  for 
dren  &c.  8Uch  minor  children  as  would  be  entitled  under  this  law  as  heirs  of  any 

Indian.  (&) 

B  na-fide    set-     SEC.  3.  That  all  actual,  permanent,  bona-fide  settlers  on  any  of  said 

tiers     on     such  lands  who  settled  prior  to  the  first  day  of  January,  eighteen  hundred 

tends  ^  prior  ^to  an(j  8eventy-two,  shall  be  entitled  to  enter  either  under  the  homestead 

titled  'to   entry"  laws  or  to  pay  for  at  the  minimum  or  double-minimum  price,  as  the  case 

&c.  '  may  be,  not  exceeding  one  hundred  and  sixty  acres  of  the  former  or 

eighty  acres  of  the  latter  class  of  land  on  making  proof  of  his  settle- 

ment an  d  continued  residence  before  the  expiration  of  six  months  from 

the  passage  of  this  act. 

Selections     SEC.  4.  That  all  selections  by  Indians  heretofore  made  and  regularly 

heretofore^  made  reported  and  recognized  as  valid  and  proper  by  the  Secretary  of  the 

to^be'patented  to  Interior  and  Commissioner  of  Indian  Affairs,  shall  be  patented  to  the 

them.  respective  Indians  making  the  same  ;  and  all  sales  heretofore  made  and 

Sales  regularly  reported  where  the  same  are  regular  and  not  in  conflict  with  such  selec- 

firmed  &c''  COn  tion8>  or  witn  any  other  valid  adverse  right,  except  of  the  United  States, 

are  hereby  confirmed,  and  patents  shall  issue  thereon  as  in  other  cases 

according  to  law. 

After    six     SEC.  5.  That  immediately  after  the  expiration  of  said  six  months,  the 

S^lands^be  secretary  8aa11  proceed  to  restore  the  remaining  lands  to  market  by 

restored  to  mar-  public  notice  of  not  less  than  thirty  days,  and  after  such  restoration 

ket.  they  shall  be  subject  to  the  general  laws  governing  the  disposition  of 

Lands  not    to  the  public  lands  of  the  United  States  :  Provided,  That  none  of  the  lands 

ndtakent  U&c6r  uereiu  mentioned  shall  be  subject  to  or  taken  under  any  grant  of  lands 

for  public  works  or  improvements,  or  by  any  railroad  company. 


,  588. 
(b)  See  Xos.  85,  197,  455,  467,  480,  503,  515,  526,  535,  574,  583,  584. 


Jan.  24,  1873.     No.  576.— AN  ACT  to  provide  for  the  sale  of  a  part  of  the  light-house  reservation 
Vol.  17,  p.  420.  at  Fort  Gratiot,  Port  Huron,  in  the  State  of  Michigan. 


Portion  01  the  Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is 
Fort  Gratiot  hereby,  authorized  to  cause  to  be  platted  and  sold  at  public  auction  so 
light -house  res-  mucn  of  the  Fort  Gratiot  light-house  reservation,  at  Port  Huron,  in 
solda  K  6  the  State  of  Michigan,  as  is  comprised  within  the  following  metes  and 

Boundaries.  bounds,  to  wit :  Beginning  at  a  point  which  is  one  thousand  ninety -two 
and  one-half  feet  north  eighty  degrees  and  forty-four  minutes  east 
(true)  from  monument  number  one  of  the  survey  of  Fort  Gratiot  mili- 
tary reservation  made  by  W.  H.  Hoarding  in  April,  eighteen  hundred 
and  fifty-nine,  and  the  position  of  which  is  indicated  upon  the  map  of 
the  same  reservation  made  under  the  direction  of  Major  0.  M.  Poe, 
corps  of  engineers,  United  States  Army,  in  eighteen  hundred  and  sev- 
enty; thence  north  nine  degrees  and  sixteen  minutes  west  (true)  three 
thousand  one  hundred  and  thirty-five  feet;  thence  north  eighty  degrees 
and  forty-four  minutes  east  (true)  five  hundred  and  thirty -two  feet; 
thence  south  nine  degrees  and  sixteen  minutes  east  (true)  one  thousand 
one  hundred  and  eighty-four  feet ;  thence  north  eighty  degrees  and 
forty-four  minutes  east  (true)  to  the  shore  of  lake,  to  the  place  of  be- 
ginning, save  and  except  that  right  of  way  is  expressly  reserved 
over  a  strip  of  land  sixty-six  feet  wide  and  extending  in  a  direct  line 
from  the  light-house  tower,  either  in  its  present  or  any  future  position, 
to  the  present  western  boundary  of  the  reservation ;  and  that  the  sub- 
division of  the  same  be  made  to  correspond,  as  far  as  may  be,  to  the 
Becord.  plat  of  the  village  of  Fort  Gratiot ;  and  that  a  record  thereof  be  filed 

in  the  office  of  register  of  deeds  for  the  county  of  Saint  Clair ;  and 
Money  re-  that  the  money  received  for  such  lands  be  paid  into  the  Treasury,  except 
ceived  to  be  paid  so  much  as  may  be  necessary  to  repay  the  expenses  of  survey  and 
into  Treasury.       8ai6t  (a) 

(a)  See  Nos.  531, 533,  546, 551, 555, 558, 559,  578, 580,  594. 


Feb  18  1873.  No*  577.— AX  ACT  in  relation  to  mineral  lands. 

Vol.  17,  p.  465.       ge  fa  enacts  ^Ci?  That  within  the  States  hereinafter  named  deposits 

Mines  of  iron  or  mines  of  iron  and  coal  be,  and  they  are  hereby,  excluded  from  the 

and  coal  and  operations  of  an  act  entitled  "An  act  to  promote  the  development  of 

mineral  lands  in  tne  mining   resources  of   the  United  States,"  approved   May   tenth 


MICHIGAN.  243 

ighteen  hundred  and  seventy  two,  and  said  act  shall  not  apply  to  the  Michigan,  Mm. 
mineral  lands  situate  and  being  within  the  States  of  Michigan,  Wis-  JJ^jJ'  a^ti£ 
consin,  and  Minnesota,  and  that  said  lands  are  hereby  declared  free  and  eluded  in  act  of 
open  to  exploration  and  purchase,  according  to  the  legal  subdivisons  167-2. 
thereof,  as  before  the  passage  of  said  act ;  and  that  any  bona-£de  entries 
of  such  lands  within  said  States,  since  the  passage  thereof,  may  be  pat- 
ented  without  reference  to  the  provisions  of  said  act.  (a) 

(a)  See  Eos.  458,  515,  518. 


No.  578.— AN  ACT  to  authorize  the  Secretary  of  War  to  survey,  plat,  and  sell  the  March  3,  1873. 
present  cemetery  grounds  upon  the  Fort  Gratiot  military  reservation  in  Michi-  Vol.  17,  p.  620. 
gan,  and  for  other  purposes. 

Be  it  enacted,  #c.,  That  so  much  of  the  Fort  Gratiot  military  reserva-    Portion  of  Fort 
tion,  in  the  State  of  Michigan,  as  has  heretofore  been  granted  to  the  Gratiot  military 
city  of  Port  Huron  for  a  cemetery,  shall  be,  upon  the  request  of  widgf^^^^ 
city,  duly  certified  under  the  seal  thereof,  surveyed  and  platted  intoforacemetery  to 
streets,  blocks,  and  lots,  under  the  direction  of  the  Secretary  of  War,  in  be,  upon  request, 
conformity  to  the  plat  of  that  portion  of  said  military  reservation  sur-  surveyed  and 
rounding  said  cemetery,  lately  made  by  Major  O.  M.  Poe,  United  States  P/rJjts&c1  and 
engineer,  and  now  on  file  in  the  office  of  the  register  of  deeds  of  Saint  sojti    at    public 
Clair  County,  and  shall  be  sold  under  the  direction  of  the  Secretary  of  auction. 
War  at  public  vendue,  and  the  proceeds  of  such  sale,  after  paying  the     Proceeds       of 
expenses  of  such  survey  and  sale,  shall  be  paid  over  to  the  city  of  Port  sale. 
Huron,  to  be  used  by  said  city  for  the -purchase  or  improvement,  or 
both,  of  such  lands  as  the  city  may  acquire  for  another  cemetery,  and 
for  removing  the  remains  of  those  buried  in  the  present  to  the  new     Lots    in    new- 
cemetery,  and  for  such  other  purposes  as  may  be  necessary  in  the  change  cemetery, 
of  burial  places :  Provided,  That  suitable  and  proper  lots  in  the  new 
cemetery  shall  be  granted  to  those  having  lots  in  the  present  cemetery, 
with  like  improvements,  or  their  value,  to  a  reasonable  extent,  and 
that  reinterments  not  otherwise  provided  for  shall  be  made  at  the  ex- 
pense of  said  city,  and  that  the  city  of  Port  Huron,  shall  hold  such 
moneys  in  trust  for  the  purposes  herein  specified,  and  for  no  other 
whatever ;  and  conveyances  of  the  blocks  and  lots  sold  by  the  Secre-     Conveyances, 
tary  of  War,  as  herein  provided  for,  shall  be  made  to  purchasers  by  the 
said  Secretary  of  War  under  such  rutes  and  regulations  as  he  shall  pre- 
scribe, and  the  survey  and  plat,  or  a  copy  thereof,  herein  provided  for,     Survey  and 
shall  be  recorded  in  the  office  of  the  register  of  deeds  in  Saint  Clair  Pjat  to  be record* 
County,  and  the  same,  or  duly  certified  copies  theieof,  shall  be  evi- 
dence in  all  courts  for  all  lawful  purposes  connected  therewith:  And    Majority  of  cit- 
provided  further,  That  said  city  shall  obtain  the  consent  of  a  majority  ^removaTrf 
of  the  citizens  thereof,  owning  or  occupying  lots  in  said  cemetery,  to  cemetery, 
such  removal,  (a) 

(a)  SeeNos.  531,  533,  546,  551,  555,  558,  559,  576,  580,  594. 


No.  5?  9.— AN  ACT  extending  the  time  for  the  completion  of  the  Portage  Lake  and     March  3,  1873. 
Lake  Superior  ship  canal.  Vol.  17,  p.  627. 


Be  it  enacted,  <$-c,,  That  the  time  for  the  completion  of  the  Portage  Lake  Time  for  corn- 
ad  Lake  Superior  ship  canal  be  and  the  same  is  hereby  extended  to  pleting  the  Portr 
the  first  day  ol  December,  anno  Domini  eighteen  hundred  and  seventy-  |^e  Superior 
^hree.  (a)  8Dip  canai  ex- 

(a)  See  Nos.  543,  550,  556,  570.  tended. 


580.— AN  ACT  authorizing  the  Secretary  of  War  to  grant  a  right  of  way     June  18,  1874. 
across  a  corner  of  the  Fort  Gratiot  military  reservation  to  the  city  railroad  com-     Vol.  18,  p.  81. 
pany,  Port  Huron,  Michigan. 


Be  it  enacted,  #c.,  That  the  Secretary  of  War  be,  and  he  is  hereby,     Right  of 
authorized,  m  his  discretion,  to  grant  a  permit  to  the  Port  Huron  City  to  street  rail 
street  railroad  to  lay  and  ute  a  curved  tract  over  the  northwest  corner 
of  the  Fort  Gratiot  military  reservation,  in  a  curve  having  a  radius  of 
fifty-four  feet,  and  encroaching  upon  the  reservation  about  fifteen  feet 
from  the  angle,  (a) 

(a)  See  Nos.  531,  533,  546,  551,  555,  558,  559,  576,  578,  594. 


244  MICHIGAN. 

June  22,  1674.     Xo.  5S1 .— AN  ACT  relinquishing  the  rights  of  the  United  States  in  certain  lands 
Vol.  18,  p.  196.  in  the  State  of  Michigan. 

lights  of  Unit-     Be  if  enacted,  #c.t  That  all  rights  and  title  of  the  United  States  to  the 
ed  States  to  cer-  middle  ground  or  island  in  the  Saginaw  River,  lying  within  the  pre- 
tain  land  in  Sag-  scribed  limits  of  fractional  section  five,  in  township  thirteen  north,  of 
inaw   Eiver    re-  rarjge  nve  ea«t,  and  sections  twenty-nine  and  thirty-two,  in  township 
rimriai^owners0  fourteen  north,  of  range  five  east,  in  the  State  of  Michigan,  are  hereby 
relinquished  to  the  riparian  owners  respectively  of  the  lands  ou  the 
shores  of  said  river  in  front  of  or  opposite  to  said  island,  saving  and 
Saving  clause   reserving  to  all  persons  or  parties  other  than  the  United  States  any 
Proviso.         '  legal  rights  acquired  therein :  Provided,  That  this  act  shall  not  be  con- 
strued or  held  to  imply  a  claim  of  title  on  the  part  of  the  United  States 
to  said  middle  ground,  but  only  os  a  relinquishment  of  any  apparent 
right  therein  to  the  persons  respectively  to  whom  the  lands  on  said 
Certain  rights  shores  were  patented,  their  heirs  and  assigns :  Provided  further,  That 
not  affected.         nothing  contained  in  this  act  shall  be  construed  to  affect  in  any  manner 
the  rights  of  Stephen  Marston,  one  of  the  proprietors  and  occupants  of 
said  middle  ground. 


March  3, 1875.    Wo.  582.— AN  ACT  making  appropriations  for  the  current  and  contingent  expenses 
Vol  18  p.  425       of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  various  Indian 

! — 1     tribes,  for  the  year  ending  June  thirtieth,  eighteen  hundred  and  seventy-six,  and 

for  other  purposes. 

Be  it  enacted,  fc.,          *  * 

Missionary  So-      That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized  to 

diBt7  °E  isco  ai is8ue  to  the  Missionary  Society  of  the  Methodist  Episcopal  Church  a 

Church.  patent  for  the  southeast  quarter  of  section  nine,  in  township  fourteen 

north,  of  range  four  west,  situate  in  the  State  of  Michigan,  as  per  fourth 

article  of  treaty  of  October  eighteenth,  eighteen  hundred  and  sixty- four. 


March  3,  187^.    No.  583.— AN  ACT  to  provide  f  r  the  sale  of  the  buildings  and  grounds  known 
Vol.  18,  p  as  the  Detroit  Arsenal,  in  the  State  of  Michigan. 

>        i        .1       Be  it  enacted,  <fc.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 
ai,   Michigan,  to  authorized  ai  u  directed  to  transfer  to  the  cu  tody  and  control  of  the 
Secretary  of  the  Interior,  for  sale  for  cash,  according  to  the  existing 
M-iuner    and^s  of  the  United  States  relating  to  the  public  lands,  after  appraise- 
ment, to  the  highest  bidder,  after  giving  not  less  than  ninety  days' 
notice  of  the  time  and  place  of  such  sale  in  three  of  the  most  prominent 
newspapers  published  in  said  State,  and  at  not  less  than  the  appraised 
.value,  the  buildings  and  grounds  known  as  the  Detroit  Arsenal  in  the 
State  of  Michigan:  (a)  Provided,  That  the  Secretary  of  the  Interior  shall 
cause  the  said  property  to  be  subdivided  into  tracts  of  not  more  than 
forty  acres  each,  or  into  town  lots  with  proper  streets  to  render  the  same 
be  soldTepaTat£  accessible :  And  provided  further,  That  each  subdivision,  together  with 
ly.  any  buildings,  building  materials,  or  other  property  thereon  shall  be 

appraised  and  offered  separately,  at  public  outcry,  to  the  highest  bidder, 
and  in  case  any  subdivision  or  subdivisions  shall  remain  unsold,  the  sale 
Postponement  shall  be  postponed  from  time  to  time  until  the  entire  tract  shall  be  dis- 
posed of  as  hereinbefore  provided.  (&) 

(a)  See  Nos.  453,  468, 471, 479, 481,  501. 

(b)  See  Nos.  85, 197,  455,  467,  480,  503,  515,  526,  535,  574,  575,  584. 


March  3,  1875.  Wo.  5S4.— AN  ACT  to  amend  the  act  entitled  "An  act  for  the  restoration  to  home- 
Vol.  18,  p.  516.  stead  entry  and  to  market  of  certain  lands  in  Michigan,"  approved  June  tenth, 
eighteen  hundred  and  seventy-two,  and  for  other  purposes. 


Ottawa  and      Be  it  enacted,  <$-c.,  That  the  act  approved  June  tenth,  eighteen  hun- 
Chippewa  tribes ;  dred  and  seventy-two,  entitled  "An  act  for  the  restoration  to  mar- 
certain  members  ket  of  certaill  iands  in  Michigan,"  be,  and  hereby  is,  amended  so  as  to 
authorize  the  Secretary  of  the  Interior  to  cause  patents  to  be  issued 
to  three  hundred  and  twenty  members  of  the  Ottawa  and  Chippewa. 
Indians  of  Michigan,  for  the  selections  found  to  have  been  made  by 
them,  but  which  were  not,  prior  to  the  passage  of  said  act,  regularly 
reported  and  recognized  by  the  Secretary  of  the  Interior  and  Commis- 
Residue    of  8ioner  of  Indian  Affairs;  (a)  and  the  remainder  of  said  lands  not  dis- 
lands,di8Posalof.  pO8ed  ofj  and  not  valuable  mainiy  for  pine  timber,  shall  be  subject  to 


R  MICHIGAN.  245 

try  under  the  homestead  laws,  for  one  year  from  the  passage  of  this 
act;  and  the  lands  remaining  thereafter  undisposed  of  shall  be  ottered 
for  sale  at  a  price  not  less  than  two  dollars  and  fifty  cents  per  acre.  (&) 

SEC.  2.  That  all  Indians  who  have  settled  upon  and  made  improve-     Indians    set- 
ments  on  section  ten,  in  township  forty-seven  north,  of  range  two  east,  ^JSoiJtoSS! 
and  section  twenty-four  in  township  forty-seven  north,  of  range  three  -gan     to     ente^ 
west,  Michigan,  shall  be  permitted  to  enter  not  exceeding  eighty  acres  iand's  in  iieu,  &c. 
each,  at  the  minimum  price  of  land,  upon  making  proof  of  such  settle- 
ment and  improvement  before  the  register  of  the  land  office  at  Mar- 
quette,  Michigan  ;  and  when  said  entries  shall  have  been  completed  in 
accordance  herewith,  the  remaining  lands  embraced  within  the  limits 
of  said  sections  shall  be  restored  to  market. 

SEC.  3.  That  all  actual,  permanent,  bona-fide  settlers  on  any  of  the     Settlers  on 
lands  reserved  for  Indian  purposes  under  the  treaty  with  the  Ottawa  landsreaerved 
and  Chippewa  Indians  of  Michigan  of  July  thirty- first,  eighteen  hun- Ottawa  and  Chip- 
dred  and  fifty -five,  shall  be  entitled  to  enter  not  exceeding  one  hundred  pewa  Indians, 
and  sixty  acres  of  land,  either  under  the  homestead  laws  or  to  pay  the 
minimum  price  of  land,  on  making  proof  of  his  or  her  settlement  and 
continued  residence  before  the  expiration  of  ninety  days  from  the  pas- 
sage of  this  act :  Provided,  That  such  settlers  do  not  claim  any  of  the    Proviso, 
lands  heretofore  patented  to  Indians,  or  in  conflict  with  the  selections 
found  to  have  been  made  by  Indians  referred  to  in  the  first  section  of 
this  act,  and  shall  have  settled  upon  said  lands  prior  to  the  first  day  of 
January,  eighteen  hundred  and  seventy-four. 

(a)  See  Nos.  575,  588. 

(6)  See  Nos.  85, 197,  455,  467,  480, 503,  515, 526,  535,  574,  575, 583. 


585.— AN  ACT  to  set  apart  a  certain  portion  of  the  island  of  Mackinac  in  the     March  3,  1875. 
Straits  of  Mackinac,  within  the  State  of  Michigan,  as  a  National  park.  Vol.  18,  p.  517. 


Be  it  enacted,  #c.,  That  so  much  of  the  island  of  Mackinac,  lying  in     Part  of  Macki- 
the  Straits  of  Mackinac,  within  the  county  of  Mackinac,  in  the  State  of  nac    Island    set 
Michigan,  as  is  now  held  by  the  United  States  under  military  reserva-  a.Part  as  a  Na- 
tion or  otherwise,  (excepting  the  Fort  Mackinac  and  so  much  of  the 
present  reservation  thereof  as  bounds  it  to  the  south  of  the  village  of 
Mackinac,  and  to  the  west,  north  and  east  respectively  by  lines  drawn 
north  and  south,  east  and  west,  at  a  distance  from  the  present  fort  flag- 
staff of  four  hundred  yards,)  hereby  is  reserved  and  withdrawn  from 
settlement,  occupancy,  or  sale  under  the  laws  of  the  United  States,  and 
dedicated  and  set  appart  as  a  National  public  park,  or  grounds,  for 
health,  comfort,  and  pleasure,  for  the  benefit  and  enjoyment  of  the 
people ;  and  all  persons  who  shall  locate  or  settle  upon  or  occupy  the     Trespassers, 
same,  or  any  part  thereof,  except  as  herein  provided,  shall  be  considered 
trespassers,  and  removed  therefrom. 

SEC.  2.  That  said  public  park  shall  be  under  the  exclusive  control  of     Control  and 
the  Secretary  of  War,  whose  duty  it  shall  be  as  soon  as  practicable,  to  management    of 
make  and  publish  such  rules  and  regulations  as  he  may  deem  necessary  Parkt 
or  proper  for  the  care  and  management  of  the  same.     Such  regulations     Regulations, 
shall  provide  for  the  preservation  from  injury  or  spoliation  of  all  tim- 
ber, mineral  deposits,  natural  curiosities,  or  wonders  within  said  park, 
and  their  retention  in  their  natural  condition.     The  Secretary  may  in     Leases, 
his  discretion,  grant  leases  for  building  purposes,  of  small  parcels  of 
ground,  at  such  places  in  said  park  as  shall  require  the  erection  of  build- 
ings for  the  accommodation  of  visitors  for  terms  not  exceeding  ten  years ; 
all  of  the  proceeds  of  said  leases  and  all  other  revenues  derived  from 
any  source  connected  with  said  park,  to  be  expended,  under  his  direc- 
tion, in  the  management  of  the  same  and  in  the  construction  of  roads 
and  bridle  paths  therein.    He  shall  provide  against  the  wanton  destruc-     Preservation  of 
tion  of  game  or  fish  found  within  said  park  and  against  their  capture  Same  and  fisn- 
or  destruction  for  any  purposes  of  use  or  profit.     He  also  shall  cause  all     Removal  of 
persons  trespassing  upon  the  same  after  the  passage  of  this  act  to  be  tresPas 
removed  therefrom,  and  generally  shall  be  authorized  to  take  all  such 
measures  as  shall  be  necessary  or  proper  to  fully  carry  out  the  objects 
and  purposes  of  this  act. 

SEC.  3.  That  any  part  of  the  park  hereby  created  shall  at  all  times     Use  of  park  for 
available  for  military  purposes,  either  as  a  parade  or  drill  ground,  in  m  i  l  i  *  &  *?  Pur- 

ae  of  peace,  or  for  complete  occupation  in  time  of  war,  or  whenever  po 
rar  is  expected,  and  may  also  be  used  for  the  erection  of  any  public 
mildings  or  works :  Provided,  That  no  person  shall  ever  claim  or  receive     N  °      claim 


246  MICHIGAN. 

against    United  of  the  United  States  any  damage  on  account  of  any  future  amendment 
States  for  dam-  Or  repeal  of  this  act,  or  the  taking  of  said  park,  or  any  part  thereof, 
for  public  purposes  or  use. 


March  3,  1875.  No.  586.— AX  ACT  to  donate  a  certain  portion  of  the  military  reservation  of  Fort 
VoL  18,  p.  519.  Brady  to  school  district  number  one,  in  township  of  Sault  Sainte  Marie,  and  State 
! of  Michigan  for  school  purposes. 


Certain  portion  Be  it  enacted,  $-c.,  That  a  certain  portion  of  the  military  reservation 
of  military  resei^  of  Fort  Brady,  situate  in  the  county  of  Chippewa,  and  State  of  Michi- 
Brady  donated  &au>  containing  one  and  twenty- six  hundredths  acres,  and  bounded  on 
to  school  district  the  north  by  Portage  street,  on  the  east  by  Church  street,  on  the  south 
of  Sault  Sainte  by  Ridge  street  and  on  the  west  by  the  west  line  of  said  military  reserva- 
Marie.  tion,  be,  and  the  same  is  hereby,  donated  to  school  district  numbered 

one  in  township  of  Sanlt  Sainte  Marie,  in  the  county  and  State  afore- 
said, for  school  purposes,  and  for  no  other  purpose,  (a) 

Streets  estab-  SECTION  *<J.  That  so  much  of  Portage  street,  Church  street  and  Ridge 
lished.  street,  in  the  village  of  Sault  Sainte  Marie,  as  is  so  represented  upon  a 

map  of  said  village  filed  in  the  General  Land  Office,  as  shall  embrace 
the  portion  of  ground  aforesaid  be  established  as  such  streets, 
(a)  See  Xos.  458,  476,  493,  562. 

March  13, 1876.  No.  587.— AX  ACT  legalizing  the  homestead  entry  of  Mrs.  Phoebe  C.  Oakley,  of 
VoL  19,  p.  416.  Bay  County,  Michigan. 


Homestead  en-     Be  it  enacted,  $-c.,  That  the  homestead  entry  of  Mrs.  Phoebe  C.  Oakley, 
try  of  Phoebe  C.  of  Bay  County  Michigan,  number  twenty-seven  hundred  and  thirteen, 
Oakley  confirm-  embracing  the  east  half  of  northwest  quarter  of  section  eighteen,  in 
township  number  fourteen  north,  of  range  number  three  east,  in  the 
State  of  Michigan,  be,  and  the  same  is  hereby,  declared  to  be  as  valid 
as  though  she  was  the  head  of  the  family  within  the  meaning  of  the 
homestead  laws,  and  upon  the  proofs  of  occupancy  and  improvement  by 
herself  and  family  in  the  time  and  manner  as  required  by  law,  the  Com- 
missioner of  the  General  Land  Office  shall  cause  to  be  issued  to  her  a 
patent  therefor. 


May  23,  1876.     No.  588.— AX  ACT  extending  the  time  within  which  homestead  entries  upon  cer- 
"Vol.  19,  p.  55.  tain  lands  in  Michigan  may  be  made. 


Amended.  Be  it  enacted,  tyc.,  That  section  one  of  an  act  entitled  "An  act  to  amend 

an  act  entitled  'An  act  for  the  restoration  to  market  of  certain  lands  in 
Michigan,'  approved  June  tenth,  eighteen  hundred  and  and  seventy- 
two,"  approved  March  third,  eighteen  hundred  and  seventy -five,  be,  and 
hereby  is,  amended  so  as  to  read  as  follows : 

Patents  for  That  the  act  approved  June  tenth,  eighteen  hundred  and  seventy- 
lands  in  Michi-  two,  entitled  "An  act  for  the  restoration  to  market  of  certain  lands  in 
gan  to  issue  to  Michigan,"  be,  and  is  hereby,  amended  so  as  to  authorize  the  Secretary 
aTd^Chii^wa  of  the  Interior  to  cause  patents  to  be  issued  to  three  hundred  and  twenty 
Indians.  members  of  the  Ottawas  and  Chippewas  of  Michigan  for  the  selections 

found  to  have  been  made  by  them,  but  which  were  not,  prior  to  the 
passage  of  said  act,  regularly  reported  and  recognized  by  the  Secretary 
Remainder  of  the  Interior  and  Commissioner  of  Indian  Affairs ;  and  the  remainder 
subject  to  home-  of  said  lands  not  disposed  of,  and  not  valuable  mainly  for  pine  timber, 
stead  entry.         g^^  be  subject  to  entry  under  the  homestead  laws,  (a) 
(a)  See  Xos.  575,  584. 

Jan.  19, 1877.  No.  589.— AX  ACT  for  the  relief  of  Ephraim  P.  Abbott 

Yol.  19,  p.  503.      Be  .t  enacted}  gCi  Tha^  upon  the  pavment  of  two  dollars  and  fifty 

Patent  forland  cents  per  acre  by  Ephraim  P.  Abbott,  of  the  county  of  Wayne,  in  the 

toE.  P.Abbott.    State  of  Michigan,  his  heirs  or  assigns,  into  the  Treasury  of  the  United 

States,  or  to  the  receiver  of  the  land  office  of  the  district  in  which  the 

following  lauds  are  situated,  within  six  months  from  the  passage  of  this 

act,  the  Commissioner  of  the  General  Land  Office,  shall  cause  a  patent 

to  be  issued  to  said  Ephraim  P.  Abbott,  his  heirs  or  assigns,  releasing  to 

him  or  them  all  the  right,  title,  and  interest  of  the  United  States  in  and 

to  the  following-described  tract  of  laud,  situate  iu  the   township  of 

Ecorce,  county  of  Wa^ne,  and  State  of  Michigan,  l^iug  in  rear  of  and 


MICHIGAN. 


247 


adjoining  private  claim  numbered  six  hundred  and  sixty-seven,  fronting 
on  the  river  Rouge,  and  patented  to  Gabriel  Godfrey,  said  tract  so  lying 
in  the  rear  of  said  front  claim  and  extending  back,  of  equal  width 
of  said  front  claim,  to  the  line  of  lands  patented  to  James  May,  and  be- 
ing bounded  on  the  north  by  the  rear  of  said  front  claim,  eastwardly  by 
the  line  of  private  claim  numbered  thirty-seven,  confirmed  to  Charles 
Chovin,  continued  to  the  land  so  patented  to  James  May,  and  west- 
wardJy  by  lands  authorized  by  act  of  Congress  of  July  first,  eighteen 
hundred  and  seventy,  to  be  pre-empted  by  Thomas  Henderson ;  but 
such  patent  shall,  in  no  manner,  interfere  with  any  valid  adverse  right 
to  said  land,  nor  preclude  a  judicial  investigation,  in  any  court  of  law 
or  equity  between  the  patentee, .his  heirs  or  assigns  and  any  adverse 
claimant  of  the  said  lands :  Provided  also,  That  any  incumbrance  or  Proviso, 
conveyance  of  said  land  by  Robert  Abbott  now  deceased,  the  father  of 
said  Ephraim  P.,  or  any  of  the  heirs  of  said  Robert  Abbott,  shall  have 
the  same  effect  as  if  said  land  had  been  patented  to  said  Robert  Abbott 
during  his  life. 


Proviso. 


fo.  590.— AN  ACT  authorizing  the  survey  of  certain  townships  in  Michigan,  and     Feb.  16,  1877. 
making  an  appropriation  therefor.  Yol.  19,  p.  231. 

it  enacted,  $-c.,  That  the  Commissioner  of  the  General  Land  Office     Appropriation* 
__  hereby  directed  to  cause  to  be  surveyed  towns  numbered  eighteen     Surveying  land 
and  nineteen  north,  of  range  one  west,  in  the  State  of  Michigan  these  in  Michigan, 
towns  having  never  been  properly  surveyed ;  and  that  there  be  appro- 
priated, out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  a 
sum  sufficient  to  pay  the  expense  thereof,  not  exceeding  twenty-five 
hundred  dollars,  (a) 
(a)  See  Nos.  11, 197,  458,  460, 509,  513. 


591.— AN  ACT  to  authorize  Louis  Petoskey,  of  Michigan,  to  enter  a  certain 
tract  of  land  which  embraces  his  home  and  improvements. 


March  3, 1877. 
Vol.  19,  p.  548. 


Be  it  enacted,  #c.,  That  Louis  Petoskey,  of  the  State  of  Michigan,  be,     LouisPetoskey 
and  he  is  hereby,  authorized  to  enter  the  south  half  of  the  northeast  may  enter    cer- 
quarter  of  section  five,  in  township  thirty-four,  north  of  range  five  west, tain 
in  the  district  of  lands  subject  to  sale  at  Traverse  City,  Michigan,  upon 
payment  to  the  receiver  of  public  moneys  of  the  legal  price  thereof. 


No.  592. — AN"  ACT  to  authorize  the  Seeretary  of  War  to  convey  to  Jacob  A.  T.  March  1  1879. 
Wendell.  Henry  Van  Allen,  and  John  R.  Bailey,  a  part  of  the  military  reservation  Vol  20  D  326° 
of  Fort  Mackinac.  ' _ !_ 

Be  it  enacted,  cfc.,  That  the  Secretary  of  War  be,  and  he  is  hereby,  au-     Fort  Mackinao 
thorized  and  directed  to  convey,  by  proper  deed,  to  Jacob  A.  T.  Wen-  military  reserva- 
dell,  Henry  Van  Allen,  and  John  R.  Bailey,  all  the  right,  title,  and  in-     part  of   to  be 
terest  of  the  United  States  in  and  to  the  folio  wing-described  part  of  the  conveyed  to  J.  A. 
military  reservation  of   Fort  Mackinac,  Michigan,  of  which  the  said  T.  Wendell  and 
Jacob  A.  T.  Wendell  shall  be  entitled  to  one-fourth,  Henry  Van  Allen  others, 
two-fourths,  and  John  R.  Bailey  one- fourth  :  Beginning  at  a  stone  mon- 
ument marking  a  corner  of  the  military  reservation,  and  standing  be- 
tween the  said  military  reservation  and  property  of  Jacob  A.  T.  Wen- 
dell, and  running  in  continuation  of  a  line  now  between  said  properties 
north  one  degree  east  fifty-eight  feet  six  inches  ;  thence  east  two  hun- 
dred and  forty-one  and  five-tenths  feet ;  thence  south  one  degree  west 
parallel  with  the  first  line,  fifty-eight  feet  six  inches,  to  a  stone  monu- 
ment marking  a  corner  of  the  military  reservation,  and  standing  between 
the  said  military  reservation  and  property  of  John  R.  Bailey ;  thence 
west  parallel  with  the  second  line,  along  a  line  of  the  official  survey  made 
by  Major  G.  Weitzel,  United  States  Army,  in  eighteen  hundred  and  sev- 
enty-five, two  hundred  and  forty-one  and  five-tenths  feet,  to  the  stone 
monument  at  the  place  of  beginning. 


248  MICHIGAN. 

March  3,  1879.    No.  593.— JOINT  RESOLUTION  releasing  the  reversionary  claim  and  interest  of 
Vol.  20,  p.  490.  the  United  States  in  and  to  certain  lands  in  the  State  of  Michigan. 


Michigan.  Be  it  resolved,  <$-c.,  That  the  United  States  hereby  releases  to  the  State 

Release  of  of  Michigan  any  and  all  reversionary  interest  which  may  remain  in  the 

lands  to.  United  States  in  such  of  the  lands  granted  to,  and  acquired  by  the  said 

State  of  Michigan  by  act  of  Congress  of  June  third,  eighteen  hundred 

and  fifty- six,  and  certified  to  the  said  State  in  accordance  with  the  said 

act,  as  were  granted  to  aid  the  construction  of  the  road  from  Grand 

Haven  to  Flint,  and  thence  to  Port  Haron.    This  release  shall  not  in  any 

manner  affect  any  legal  or  equitable  rights  in  said  lands,  which  have 

been  acquired,  but  all  such  rights  shall  be  and  remain  unimpaired,  (a) 

(a)  See  Nos.  526,  531,  535,  538,  539,  540,  542,  544,  545,  548,  552,  553,  567,  568,  569,  573,  575, 
594. 


June  16,  1880.    No.  594.-JOINT  RESOLUTION  to  authorize  the  Secretary  of  War  to  sell  or  lease 
Vol.  21,  p.  310.        to  the  Port  Huron  and  Northwestern  Railway  Company  all  of  the  Fort  Gratiot  mill- 


tary  reserve,  and  to  authorize  the  city  of  Port  Huron  to  grant  to  said  railway  com- 
pany the  right  of  way  through  Pine  Grove  Park. 

Port  Huron  Resolved,  #c.,  That  the  Secretary  of  War  is  hereby  authorized  to  sell 
and  Northwest-  to  the  Port  Huron  and  Northwestern  Railway  Company  all  of  the  Fort 
safe  of  Fort  Gra-  Gratiot  military  reserve  remaining  unsolder  undisposed  of;  and  the 
tiot  military  re-  value  of  said  remaining  reserve  shall  be  appraised  by  a  board,  appointed 
serve.  by  the  Secretary  of  War,  consisting  of  three  competent  and  disinter- 

ested officers  of  the  United  States  Army ;  and  the  price  at  which  the 
same  shall  be  sold  shall  not  be  less  than  the  appraisal  by  said  board,  and 
the  sale  shall  be  made  only  under  the  direction  and  approval  of  the 
Right  of  way  Secretary  of  War.  (a)    And  the  city  of  Port  Huron  is  hereby  authorized 
through    P  i  n  e  to  grant  said  railway  company  the  right  of  way  through  the  easterly 
Grove  Park.         portion  of  that  part  of  the  military  reserve  granted  to  said  city  for  use 
as  a  park,  and  known  and  described  as  Pine  Grove  Park.  (6) 

(a)  See  Nos.  531,  533, 546, 551, 555, 558, 559, 576,  578,  580. 

(6)  See  Nos.  526,531,  535,  538, 539,  540, 542,  544, 545,  548, 552,  553, 567, 568,  569, 573,  575,  593. 


WISCONSIN. 


No.  595.— AN  ACT  to  revive  the  powers  of  the  commissioners  for  ascertaining  and 
deciding  on  claims  to  land  in  the  district  of  Detroit,  and  for  settling  the  claims  to 
land  at  Green  Bay  and  Prarie  des  Chiens,  in  the  Territory  of  Michigan. 

[See  MICHIGAN,  No.  464.] 


layl] 
rol.  3, 


p.  572. 


No.  596.— AN  ACT  to  revive  and  continue  in  force  certain  acts  for  the  adjustment 
of  land  claims  in  the  Territory  of  Michigan. 

[See  MICHIGAN,  No.  466.] 


Feb.  21, 1823. 
Vol.  3,  p.  724. 


No.  597.— AN  ACT  to  ascertain  and  mark    *    *    *    the  northern  boundary  of  the     March  2,  1831. 
State  of  Illinois,  and  for  other  purposes.  Vol.  4,  p.  479. 

[See  ILLINOIS,  No.  378.] 


598.— AN  ACT  to  create  the  office  of  surveyor  of  the  public  lands  for  the  State 
of  Louisiana. 


March  3,  1831. 
Vol.  4,  p.  492. 


SEC.  7.  And  be  it  further  enacted,  That  all  the  lands  to  which  the  Indian     Survey  of  cer- 
title  has  been  extinguished  lying  north  of  the  northern  boundary  of  the  ^in  lands. 
State  of  Illinois,  west  of  Lake  Michigan,  and  east  of  the  Mississippi 
River,  shall  be  surveyed  in  the  same  manner  and  under  the  same  regu- 
lations, provisions,  restrictions  and  reservations  as  the  other  public  lands 
are  surveyed,  (a) 

*•####  *  # 

(a)  See  Nos.  607,  655, 656, 668. 


No.  599.— AN  ACT  to  create  additional  land  districts  in  the  States  of  Illinois  and 
Missouri,  and  in  the  territory  north  of  the  State  of  Illinois. 

\_See  ILLINOIS,  No.  389.] 


June  26,  1834. 
Vol.  4,  p.  686. 


No.  600.— AN  ACT  establishing  the  Territorial  government  of  Wisconsin.  April  20,  1836. 

Be  it  enacted,  $-c.,  That  from  and  after  the  third  day  of  July  next,  the  '  p' 

country  included  within  the  following  boundaries  shall  constitute  a  What  country 
separate  Territory,  for  the  purposes  of  temporary  government,  by  the  *Ja11  constitute 
name  of  Wisconsin ;  that  is  to  say :  Bounded  on  the  east,  by  a  line  Territory80' 
drawn  from  the  northeast  corner  of  the  State  of  Illinois,  through  the 
middle  of  Lake  Michigan,  to  a  point  in  the  middle  of  said  lake,  and  op- 
posite the  main  channel  of  Green  Bay,  and  through  said  channel  and 
Green  Bay  to  the  mouth  of  the  Menomonie  River  ;  thence  through  the 
middle  of  the  main  channel  of  said  river,  to  that  head  of  said  river 
nearest  to  the  Lake  of  the  Desert ;  thence  in  a  direct  line,  to  the  middle 
of  said  lake ;  thence  through  the  middle  of  the  main  channel  of  the 
Montreal  River,  to  its  mouth ;  thence  with  a  direct  line  across  Lake 
Superior,  to  where  the  territorial  line  of  the  United  States  last  touches 
said  lake  northwest ;  thence  on  the  north,  with  the  said  territorial  line, 
to  the  White  Earth  River  ;  on  the  west,  by  a  line  from  the  said  boundary 
line  following  down  the  middle  of  the  main  channel  of  White  Earth 
River,  to  the  Missouri  River,  and  down  the  middle  of  the  main  channel 
of  the  Missouri  River  to  a  point  due  west  from  the  northwest  corner  of 
the  State  of  Missouri ;  and  on  the  south,  from  said  point,  due  east  to 
the  northwest  corner  of  the  State  of  Missouri ;  and  thence  with  the 
boundaries  of  the  States  of  Missouri  and  Illinois,  as  already  fixed  by 
acts  of  Congress.  And  after  the  said  third  day  of  July  next,  all  power 

249 


250 


WISCONSIN. 


and  authority  of  the  government  of  Michigan  in  and  over  the  Territory 
Proviso.  hereby  constituted,  shall  cease:    Provided,    That  nothing  in  this  act 

contained  shall  be  construed  to  impair  the  rights  of  person  or  property 
now  appertaining  to  any  Indians  Within  the  said  Territory,  eo  long  as 
such  rights  shall  remain  unextinguished  by  treaty  between  the  United 
States  and  such  Indians,  or  to  impair  the  obligations  of  any  treaty  now 
existing  between  the  United  States  and  such  Indians,  or  to  impair  or 
anywise  to  affect  the  authority  of  the  Government  of  the  United  States 
to  make  any  regulations  respecting  such  Indians,  their  lands,  property, 
or  other  rights,  by  treaty,  or  law,  or  otherwise,  which  it  would  have 
been  competent  to  the  Government  to  make  if  this  act  had  never  been 
Proviso.  passed  :  Provided,  That  nothing  in  this  act  contained  shall  be  construed 

to  inhibit  the  Government  of  the  United  States  from  dividing  the  Ter- 
ritory hereby  established  into  one  or  more  other  Territories,  in  such 
manner,  and  at  such  times,  as  Congress  shall,  in  its  discretion,  deem 
convenient  and  proper,  or  from  attaching  any  portion  of  said  Territory 
to  any  other  State  or  Territory  of  the  United  States,  (a) 

******* 

Powers  of  the  SEC.  6.  And  be  it  further  enacted,  That  the  legislative  power  of  the 
legislature.  Territory  shall  extend  to  all  rightful  subjects  of  legislation  ;  but  no  law 
shall  be  passed  interfering  with  the  primary  disposal  of  the  soil ;  no  tax 
shall  be  imposed  upon  the  property  of  the  United  States ;  nor  shall  the 
lands  or  other  property  of  non-residents  be  taxed  higher  than  the  lands 
or  other  property  of  residents.  (&) 

•  ••**•* 

(a)  See  Nos.  378,  394,  487, 491, 498,  499,  597,  602, 603,  606,  608,  613,  622,  624,  626,  629. 
(6)  See  No.  622. 


June  15,1836.     No.  601.— AN  ACT  to  divide  the  Green  Bay  land  district  in  Michigan,  and  for 
Vol.  5,  p.  48.  other  purposes. 

[See  MICHIGAN,  No.  490a.] 


June  15,  1836.  No.  602.— AN  ACT  to  estahlish  the  northern  boundary  line  of  the  State  of  Ohio, 
Vol.  5,  p.  49.  and  to  provide  for  the  admission  of  the  State  of  Michigan  into  the  Union  upon  the 
conditions  therein  expressed. 


[See  MICHIGAN,  No.  491.] 


June  23, 1836.     No.  603.— AN  ACT  to  settle  and  estahlish  the  northern  boundary  of  the  State  of 
VoL  5,  p.  56.  Ohio. 

[Northern  boundary  line  of  Illinois  denned.   See  ILLINOIS,  No.  394.] 


July  2,  1836.       No.  604.—  AN  ACT  for  laying  off  the  towns  of  Fort  Madison  and  Burlington,  in 
VoL  5,  p.  70.  the  county  of  Des  Moines,  and  the  towns  of  Belleview,  Du  Buque,  and  Peru,  in  the 

-  --     county  of  Du  Buque,  Territory  of  "Wisconsin,  and  for  other  purposes. 


IOWA,  No.  1757.] 


March  3, 1837.    No.  605.— AN  ACT  to  amend  an  act  entitled  "An  act  for  laying  off  the  towns  of 
Fort  Madison  and  Burlmgton,  in  the  county  of  Des  Moines,  and  the  towns  of  Belle- 


Vol.  5,  p.  178. 


view,  Du  Buque,  and  Peru,  in  the  county  of  Du  Buque,  and  Mineral  Point,  in  the 
county  of  Iowa,  Territory  of  Wisconsin,  and  for  other  purposes,"  approved  July 
second,  eighteen  hundred  and  thirty-six. 

,  No.  1758.] 


June  12,  1838.    No.  606.— AN  ACT  to  divide  the  Territory  of  Wisconsin  and  to  establish  the  Ter- 
Vol.  5,  p.  235.  ritorial  government  of  Iowa. 

[See  IOWA,  No.  1759.] 


No. 


WISCONSIN.  251 


No.  607.— AN  ACT  to  create  the  office  of  surveyor  of  public  lands  in  the  Wiscon-     June  12,  1838. 

sin  Territory.  Yol.  5,  p.  243. 

Be  it  enacted,  cf-c.,  That  a  surveyor  for  the  Territory  of  Wisconsin  shall     A  surveyor  to 
be  appointed,  who  shall  have  the  same  authority,  and  perform  the  same  be       appointed, 
duties  respecting  the  public  lands  and  private  land  claims  in  the  Ter-  2° same  auth™ 
ritory  of  Wisconsin,  as  are  now  vested  in  and  required  of  the  surveyor  j.^  &c. 
of  the  lands  of  the  United  States  in  Ohio. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur-     Surveyor  for 
veyor  for  Ohio  to  deliver  to  the  surveyor  for  Wisconsin  Territory,  all  Ohio  to   deliver 
the  maps,  papers,  records,  and  documents  relating  to  the  public  lands  w  f  "cTf^s^n^i 
and  private  land  claims  in  the  said  Territory  of  Wisconsin,  which  may  mapS)  &c-i  in  nia 
j  be  in  his  office;  and  in  every  case  where  it  shall  be  impracticable  to  office,' relating  to 
make  a  separation  of  such  maps,  papers,  records  and  documents,  with-  lands  in  Wiscon- 
out  injury,  it  shall  be  his  duty  to  cause  copies  thereof,  certified  by  him,  J|J[£eJr 
to  be  furnished  to  the  surveyor  for  Wisconsin  Territory  ;  which  copies 
shall  be  of  the  same  validity  as  the  originals.    And  the  Secretary  of  the     Expense  of  the 
Treasury  is  hereby  authorized  to  cause  the  expense  attending  the  trans-  transfer  to  be 
fer  of  the  records  to  be  paid  out  of  the  appropriation  for  surveying  the  paid)  &c> 
public  lands. 

SEC.  3.  And  be  it  further  enacted,  That  the  surveyor  for  Wisconsin     Survey  or  of 
Territory,  to  be  appointed  in  pursuance  of  this  act,  shall  establish  his  Wisconsin  to  es- 
office  at  the  town  of  Du  Buque,  in  the  Territory  of  Wisconsin ;  and  SnSuoue.    ^ 
that  he  shall  be  allowed  an  annual  salary  of  fifteen  hundred  dollars,  to     Salary, 
commence  at  such  period  as  his  office  shall  be  in  readiness  for  opera-     Authorized  to 
tion  ;  and  he  shall  be  authorized  to  employ  one  draughtsman  and  clerk,  employ  a  drafts- 
whose  aggregate  compensation  shall  not  exceed  sixteen  hundred  dollars  JJ^?.  gaiaries^ 
per  annum.    He  shall  also  be  allowed  the  sum  of  three  hundred  and    office  rent,  &c. 
fifty  dollars  per  annum,  for  office  rent,  fuel,  and  other  incidental  ex- 
penses of  his  office ;  to  be  paid  out  of  any  money  appropriated  for  sur- 
veying the  public  land,  (a) 

(a)  SeeNos.  598,  655,  656, 668. 

No.  608.— AN  ACT  to  ascertain  and  designate  the  boundary  line  between  the  State     June  12,  1838. 
of  Michigan  and  the  Territory  of  Wisconsin.  Yol.  5,  p.  244. 


[See  MICHIGAN,  No.  498.] 

No.  609. — AN  ACT  concerning  a  seminary  of  learning  in  the  Territory  of  "Wisconsin.     June  12, 1838. 

Be  it  enacted,  #c.t  That  the  Secretary  of  the  Treasury  be.  and  he  is    Yo1-  5'  P-  244- 
hereby,  authorized  to  set  apart  and  reserve  from  sale,  out  of  any  of  the     Secretary 
public  lands  within  the  Territory  of  Wisconsin,  to  which  the  Indian  title  Treasury  to  set 
has  been,  or  may  be,  extinguished,  and  not  otherwise  appropriated,  a  ? JJJ    ^JJ ^own- 
quantity  of  land  not  exceeding  two  entire  townships,  for  the  use  and  ships  of  land  for 
support  of  a  university  within  the  said  Territory,  and  for  no  other  use  the  use  of  a  uni- 
or  purpose  whatsoever ;  to  be  located  in  tracts  of  land  of  not  less  than  versity. 
an  entire  section,  corresponding  with  any  of  the  legal  divisions  into 
which  the  public  lands  are  authorized  to  be  surveyed,  (a) 

(a)  See  Nos.  622, 626,  629, 640. 

No.  610.- AN  ACT  to  grant  a  quantity  of  land  to  the  Territory  of  Wisconsin,  for  June  18,  1838. 
the  purpose  of  aiding  in  opening  a  canal  to  connect  the  waters  of  Lake  Michigan  Vol.  5,  p.  245. 
with  those  of  Eock  River.  — 

Be  it  enacted,  #c.,  That  there  be,  and  hereby  is,  granted  to  the  Terri-     Certain    lands 
tory  of  Wisconsin,  for  the  purpose  of  aiding  in  opening  a  canal  to'unite  granted  to  Wis- 
the  waters  of  Lake  Michigan,  at  Milwaukee,  with  those  of  Rock  River,  ?JJ!£_toa  ^Jf 
between  the  point  of  intersection  with  said  river,  of  the  line  dividing  £<.. 
townships  seven  and  eight  and  the  Lake  Koshkonong,  all  the  land  here- 
tofore not  otherwise  appropriated  or  disposed  of  in  those  sections  and 
fractional  sections  which  are  numbered  with  odd  numbers  on  the  plats 
of  the  public  surveys,  within  the  breadth  of  five  full  sections,  taken  in 
north  and  south,  or  east  and  west  tiers,  on  each  side  of  the  main  route 
of  said  canal,  from  one  end  thereof  to  the  other,  and  reserving  the  even- 
numbered  sections  and  fractional  sections,  taken  as  above,  to  the  United     Lands  so  grant- 
States;  and  the  said  land,  so  granted  to  aid  in  the  construction  of  said  ed  shall  be  sub- 
canal,  shall  be  subject  to  the  disposal  of  the  legislature  of  the  said  Ter-  Je^  *°  Y?e  °18?°- 
ritory,  for  the  purpose  aforesaid,  and  no  other  :  Provided,  That  the  said  gture. 
canal,  when  completed,  and  the  branches  thereof,  shall  be,  and  for  ever    Proviso. 


262  WISCONSIN. 

remain,  a  public  highway,  for  the  use  of  the  Government  of  the  United 
States,  free  from  any  toll  or  other  charge  whatever,  for  any  property  of 
the  United  States,  or  persons  in  their  service,  passing  through  the 
Proviso.  same  :  Provided,  That  said  main  canal  shall  be  commenced  within  three 

years,  and  completed  in  ten  years,  or  the  United  States  shall  be  entitled 
to  receive  the  amount  for  which  any  of  said  land  may  have  been  previ- 
ously sold,  and  that  the  title  to  purchasers  under  the  Territory  shall  be 
valid,  (a) 

The  governor  SEC.  2.  And  be  it  further  enacted,  That  so  soon  as  the  route  of  the  said 
8^atU  /ransmit  a  main  canal  shall  be  definitely  located  and  established,  agreeably  to  an 
&c  to  ttoCom-  act  of  the  legislature  of  said  Territory,  incorporating  the  Milwaukee 
mis'sioner  of  the  and  Rock  River  Canal  Company,  approved  January  fifth,  1838,  it  shall 
General  Land  be  the  duty  of  the  governor  thereof,  to  transmit  a  plat  of  the  same,  show- 
Office,  who  shall  j^g  jt8  terminations  and  its  connections  with  the  section  corners  of  the 
fands  herein  Public  8Urvey8>  to  the  Commissioner  of  the  General  Land  Office,  whose 
granted,  and  duty  it  shall  be  to  ascertain,  under  the  direction  of  the  President  of  the 
cause  lists  of  United  States,  the  particular  lands  herein  granted  to  said  Territory; 
them  to  be  pre-  an(i  8hall  cause  duplicate  lists  of  the  same  to  be  prepared  from  the  plats 
pared,  &c.  on  gje  -n  njg  om-ce>  one  of  which  he  shall  transmit  to  the  governor  of 

said  Territory,  who,  or  such  other  person  or  persons  as  shall  be  ap- 
pointed for  the  purpose,  under  the  authority  of  the  legislature  of  the 
said  Territory,  or  of  the  State  which  may  be  erected  out  of  the  same, 
after  the  admission  of  such  State,  shall  have  power  to  sell  or  convey  the 
whole,  or  any  part  of  said  land,  at  a  price  not  less  than  two  dollars  and 
fifty  cents  per  acre,  and  to  give  a  title  in  fee-simple  therefor,  to  whom- 
soever shall  purchase  the  whole  or  any  part  thereof. 

Prices  of  the  SEC.  3.  And  be  it  further  enacted,  That  the  alternate  sections  and  frac- 
tenft-  tional  sections  which  shall  remain  to  the  United  States,  agreeably  to  the 

first  section  of  this  act,  shall  not  be  sold  for  a  less  sum  than  two  dollars 
and  fifty  cents  per  acre,  nor  be  subject  to  pre-emption.  (6) 

Sections  divid-     SEC.  4.  And  be  it  further  enacted,  That  in  reference  to  the  provisions 

ed    by  route  of  of  the  first  section  of  this  act,  where  a  section  shall  be  divided  by  the 

main  canal  how  route  of  the  main  canal,  such  section  shall  be  counted  (in  fixing  the 

lateral  limits  of  said  grant)  as  being  on  or  towards  that  side  of  the  line 

next  the  larger  portion  of  said  section,  ascertained  by  reference  to  the 

mile-lines  and  corners  of  the  sections,  and  the  land  and  water  thereby 

included. 

Whenever  the  SEC.  5.  And  be  it  further  enacted,  That  whenever  the  Territory  of  Wis- 
TerritoryofWis-consin  shall  be  admitted  into  the  Union  as  a  State,  the  lands  hereby 
e  a  State  such  granted  for  tne  construction  of  the  said  canal,  or  such  part  thereof  as 
part  of  the  lands  may  not  have  been  already  sold,  and  applied  to  chat  object,  under  the 
hereby  granted  direction  of  the  Territoiial  government,  shall  vest  in  the  State  of  Wis- 
as  may  not  have  cousin,  to  be  disposed  of  under  such  regulations  as  the  legislature 
vesUnThe  State  thereof  mav  provide,  the  proceeds  of  sale  to  be  applied  to  the  construe 
&c8  '  tion  of  the  said  canal,  or  of  such  part  thereof  as  may  not  have  beep 

Number  of  completed,  and  the  State  of  Wisconsin  shall  be  entitled  to  hold,  in 
shares  the  State  virtue  of  the  grant  hereby  made,  as  many  shares  of  the  stock  of  the 
holdinTidSa^af  8aid  cana!  M  sha11  be  equivalent  to  the  aggregate  of  all  the  sums  of 
&c  '  money  arising  from  the  nett  proceeds  of  the  sales  of  the  said  lands,  and 

applied  to  the  construction  of  the  canal,  anything  in  the  charter  of  the 
Milwaukee  and  Rock  River  Canal  Company  to  the  contrary  notwith- 
standing, and  shall  be  entitled  to  the  same  dividends  on  said  stock  as 
Provisions   re-  any  other  stockholder;  and  in  the  event  that  the  said  State  shall  make 
1  at  i n  g  to    the  no  other  adequate  provision  for  purchasing  out  the  residue  of  the  stock 
claims  of  stock,  of  t,ne  6a/i&  canal,  the  dividends  of  the  State  stock  hereby  acquired,  and 
all  other  proceeds  of  the  sales  of  the  lands  hereby  granted,  shall  con- 
stitute a  fund,  and  be  applied  to  the  extinguishment  of  the  claims  of 
all  other  stockholders,  until  the  entire  stock  vested  in  the  canal  shall 
have  been  acquired  by  the  State  :  after  which,  and  after  the  said  State 
shall  have  been  reimbursed  for  all  expenses  incurred  out  of  her  own 
proper  funds  in  the  construction  and  repairs  of  said  canal,  no  other  tolls 
or  charge  whatever,  for  the  use  or  navigation  of  the  said  canal  shall  be 
levied,  except  to  such  amount  as  may  be  required  to  keep  the  said  canal 
and  the  works  appurtenant  thereto  in  good  repair,  and  provide  for  the 
Proviso.  collection  of  the  tolls  and  the  superintendence  of  said  canal :  Provided, 

moreover,  That  no  part  of  the  said  lands  shall  be  sold  for  less  than  two 
dollars  and  a  half  per  acre,  nor  any  sale  made  until  after  three  months' 
public  notice  thereof,  and  to  the  highest  bidder ;  but  in  case  such  price 
cannot  be  obiained  therefor,  within  five  years  from  the  first  sale  at- 
tempted to  be  made,  it  shall  and  may  be  lawful  for  the  Territorial  or 


WISCONSIN.  253 


State  legislature  of  Wisconsin  to  reduce  the  minimum  price  of  the  said 
lands, 

SEC.  6.  And  be  it  further  enacted,  That  the  said  State  of  Wisconsin,     Wisconsin    re- 
shall  be  held  responsible  to  the  United  States,  and  for  the  payment  into  sponsible  to  the 
the  Treasury  thereof,  of  the  amount  of  all  moneys  received  upon  the  Jfmone1'?8  re- 
sale  of  the  whole  or  any  part  of  said  land,  at  the  price  at  which  the  ceive(j  &c. 
i  same  shall  be  sold,  not  less  than  two  dollars  and  fifty  cents  per  acre,  if 
<  the  said  main  canal  shall  not  be  commenced  within  three  years,  and 
completed  within  ten  years,  pursuant  to  tlie  provisions  of  the  act  creat- 
ing said  canal  corporation. 

SEC.  7.  And  be  it  further  enacted,  That,  in  order  to  render  effectual  the     Assent  of  the 
i  provisions  of  this  act,  the  legislature  of   the  State  to  be  erected  orj^1^ture     re" 
admitted  out  of  the  territory  now  comprised  in  Wisconsin  Territory,  q 
east  of  the  Mississippi,  shall  give  their  assent  to  the  same  by  act  to  be 
duly  passed. 

SEC.  8.  And  be  it  further  enacted,  That,  for  the  purpose  of  securing  a    The  legislature 
better  price  for  the  lands  hereby  granted,  and  expediting  the  construe-  of  Wisconsin  may 
tion  of  the  said  canal,  the  Territorial  legislature  of  Wisconsin  may  bor-  r°™j°w   of^said 
row,  upon  a  pledge  of  the  said  lands,  such  sum  or  sums  of  money  as  they  lands. 
may  think  expedient,  and  defer  the  sale  of  said  lands,  or  any  part 
thereof,  until  such  time  or  times,  not  exceeding  two  years  beyond  the 
period  of  the  completion  of  said  canal,  as  they  may  deem  expedient ; 
and  for  such  sum  or  sums  as  may  be  so  borrowed,  and  applied  to  the 
i  construction  of  said  canal,  the  State  of  Wisconsin  shall  be  entitled  to 
!  such  interest  in  the  stock  of  said  canal  as  shall  be  equivalent  thereto 
in  amount,  and  the  interest  so  acquired  shall  be  subject  to  all  the  obli- 
gations and  restrictions  provided  in  the  last  section  of  this  act. 

SEC.  9.  And  be  it  further  enacted,  That  the  assent  of  Congress  is  hereby    Assent  of  Con- 
given  to  the  act  of  the  Territorial  legislature  of  Wisconsin  entitled  an  gress    hereby 
act  to  incorporate  the  Milwaukee  and  Rock  River  Canal  Company,  sub-  f  jvenh*°  fed* 
ject  to  the  preceding  modifications  and  to  the  following  provision ;  that  ture  of  Wiscon- 
in  estimating  the  principal  sum  and  interest  to  be  paid  by  the  said  Ter-  sin,  incorporat- 
ritory  or  the  future  State  of  Wisconsin  to  the  stockholders  of  the  said  i«g  the  Milwau- 
canal,  a  credit  shall  be  given  to  the  Territory  or  State  for  all  dividends  mver*c!ffla?Con£ 
received  by  the  said  stockholders  prior  to  the  extinguishment  of  theii  panj. 
interest  in  the  said  canal,  in  the  mode  provided  by  the  twenty -third  sec- 
tion of  the  said  act  of  incorporation. 

SEC.  10.  And  be  it  further  enacted,  That  Congress  may,  at  any  time     Tolls, 
until  said  Territory  shall  be  admitted  as  a  State,  prescribe  and  regulate 
the  tolls  to  be  received  by  said  company  ;  and  after  said  Territory  shall \ 
be  admitted  as  a  State,  the  legislature  thereof  shall  possess  the  like 
power ;  and  said  act  of  incorporation  is  hereby  approved,  subject  to  the 
modification  and  conditions  aforesaid. 

SEC.  11.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury  Landsprobably 
shall  reserve  from  sale  the  lands  probably  falling  within  the  limits  of  falling  within 
said  grant,  and  the  lands  which,  by  the  first  section,  were  reserved  to1  imj*f  of,said 
the  United  States,  until  the  said  canal  can  be  located  and  the  lands  gsTrved'f  r°o  m 
selected  as  contemplated  by  this  act,  and  no  pre-emption  right  shall  sale, 
attach  thereto. 

(a)  See  Nos.  626,  629,  661. 

!>)  See  Nos.  389,  599,  601,  616,  626,  627,  629, 630,  635,  644,  649,  650,  654,  656, 659,  663,  667, 


No.  611.— AN  ACT  for  the  relief  of  the  Brothertown  Indians,  in  the  Territory  of     March  3,  1839. 

Wisconsin.  Vol.  5,  p.  349. 


Be  it  enacted,  <fc..  That  the  township  of  land  containing  twenty-three    A  township  of 
thousand  and  forty  acres,  lying  on  the  east  side  of  Winnebago  Lake,  in  land,  lying,  &c 
the  Territory  of  Wisconsin,  which,  by  the  proviso  of  a  treaty  made  with  Sn^&c 
the  Menomonie  Indians  on  the  seventeenth  February,  eighteen  hundred 
and  thirty-one,  and  ratified  on  the  ninth  July  1832,  was  reserved  for 
the  use  of  the  Brotherton  or  Brothertown  Indians,  and  which  by  a  sub- 
sequent treaty  with  the  Menomonie  tribe,  bearing  date  27th  October 

i32,  and  ratified  13th  March  1833,  was  further  secured  to  the  said 
Brothertown  Indians,  may  be  partitioned  and  divided  among  the  differ- 
ent individuals  composing  said  tribe  of  Brothertown  Indians,  and  may 
be  held  by  them  separately  and  severally  in  fee- simple,  after  such  divis- 
ion shall  have  been  made  in  the  manner  hereafter  mentioned. 

SEC.  2.  And  be  it  further  enacted,  That,  for  the  purpose  of  making  par-     Said  division 
tition  and  division  of  said  lands  among  the  individuals  of  said  tribe  of  to  be  made  by  a 


254  WISCONSIN. 

board  of  commis-  Brothertown  Indians,  a  board  of  commissioners  shall  be  constituted,  to 
consist  of  five  of  the  principal  or  head  men  of  said  tribe,  a  majority  of 
whom  shall  constitute  a  quorum  to  do  business,  whose  duty  it  shall  be 
to  make  a  just  and  fair  partition  and  division  of  said  lands  among  the 
members  of  said  tribe,  or  among  such  of  them  as,  by  the  laws  and  cus- 
toms and  regulations  of  said  tribe,  are  entitled  to  the  same,  and  in  such 
proportions  and  in  such  manner  as  shall  be  consistent  with  equity  and 
justice,  and  in  accordance  with  the  existing  laws,  customs,  usages,  or 
agreements  of  said  tribe. 
A  meeting  to  SEC.  3.  And  be  it  further  enacted,  That,  for  the  purpose  of  electing 

be  held  for  the  Or  choosing  said  board  of  commissioners,  a  meeting  of  said  tribe  shall 

electioD,  &c.  ^6  held  at  their  church,  or  principal  place,  on  the  reservation  of  land 
aforesaid,  on  the  first  Monday  in  July  next,  at  which  all  the  male  mem- 
bers of  said  tribe  over  the  age  of  twenty-one  years  shall  be  allowed  to 
vote  for  such  commissioners;  and  the  said  five  commissioners  shall  then 
and  there  be  chosen  or  elected  by  the  said  tribe,  by  a  majority  of  the 
whole  number  of  such  voters  then  present.  And  the  judge  of  the  dis- 
trict in  which  said  lands  are  situated  (or  in  his  absence  the  register  of 
the  land  office  at  Green  Bay,  or  the  commanding  officer  of  the  United 
States  troops  at  Fort  Howard)  shall  attend  at  the  time  and  place  afore- 
said, and  preside  at  said  meeting,  superintend  the  said  election,  and  see 
that  the  proceedings  are  fairly  conducted  :  and  the  said  presiding  officer 
may,  in  his  discretion,  prescribe  whether  the  said  election  shall  be  by 
ballot  or  viva  voce;  andfciiall  in  other  respects  cause  the  proceedings  to 
be  conducted  in  such  manner  as  to  ensure,  a  fair  and  proper  choice  or 
election ;  and  after  the  said  commissioners  shall  have  been  so  chosen  or 
elected,  the  said  presiding  officer  shall  immediately  certify  that  fact, 
setting  forth  the  names  of  the  commissioners  who  shall  be  elected,  and 
shall  make  two  copies  of  said  certificate,  one  of  which  he  shall  file  in 
the  office  of  the  register  of  the  land  district  at  Green  Bay,  and  the  other 
he  shall  transmit  by  mail  to  the  President  of  the  United  States. 
Division,  how  SEC.  4.  And  be  it  *  further  enacted,  That  after  the  said  commissioners 

to  be  made.  shall  have  been  elected  or  chosen  as  above  prescribed,  and  as  soon  there- 
after as  conveniently  may  be,  they  shall  proceed  to  make  partition  and 
division  of  all  the  lands  aforesaid  among  the  individual  members  of  said 
tribe,  or  among  such  of  them  as,  by  the  laws,  customs,  usages,  or  agree- 
ments of  said  tribe  are  justly  entitled  to  the  same,  and  in  such  way  and 
manner,  and  upon  such  principles  and  in  such  proportions  as  shall  be 
agreeable  to  equity  and  justice,  and  consistent  with  the  laws,  usages, 
Proviso.  customs,  and  agreements  of  said  tribe:  Provided,  howerer,  That  the 

buildings  and  improvements,  and  the  farms  on  which  the  same  are 
situated,  which  are  now  held  or  possessed  in  severalty  by  the  members 
of  said  tribe,  shall,  so  far  as  the  same  can  consistently  be  done,  be 
allotted  or  apportioned  to  the  present  occupants ;  and  that  no  person  or 
individual  of  said  tribe  shall  be  dispossessed  or  deprived  of  the  improve- 
ments or  land  which  they  now  occupy,  unless  it  shall  be  found  by  the 
said  commissioners  that  such  person  or  persons  are  in  the  possession  of 
and  occupying  more  land  than  they  are  justly  entitled  to,  and  then  the 
overplus  may  be  apportioned  to  others. 
Commissioners  SEC.  5.  And  be  it  further  enacted,  That  after  the  said  commissioners 

to   repor^  their  shall  have  made  such  partition  and  division  as  aforesaid,  they  shall 
^     c'  make,  or  cause  to  be  made,  a  full  report  of  their  proceedings  in  the 
premises,  setting  forth  the  name  of  each  person  to  whom  they  have  ap- 
portioned any  part  of  said  land,  the  quantity  apportioned  or  allotted  to 
each,  with  the  metes  and  bounds,  or  other  definite  description  of  each 
several  piece  or  parcel  of  land ;  and  they  shall  accompany  the  said  report 
A  map  to  ac-  with  a  fair  and  accurate  map  of  the  whole,  showing  the  divisions  and 

company  the  re-  partitions  aforesaid  ;  which  report  and  map,  or  a  copy  thereof,  shall  be 

deposited  with  the  town  clerk  of  said  tribe,  on  or  before  the  first  day 

of  October  next,  and  shall  remain  open  for  inspection  to  all,  for  the 

Proceedings  to  space  of  twenty  days  thereafter ;  and  if  any  member  or  members  of  said 

be  had  if  objec-  tribe  shall  object  to  the  partition  or  division  so  made  by  the  said  com- 

tion  is  made.  missioners,  or  shall  deem  himself  or  themselves  aggrieved  thereby,  he 
or  they  may,  within  ten  days  thereafter,  give  notice  thereof  to  the  said 
commissioners,  who  shall,  within  twenty  days  thereafter,  meet  to  hear 
and  determine  such  grievances,  and  take  testimony  if  necessary ;  and 
after  such  hearing,  shall  have  power  to  alter  or  modify  such  partition, 
if,  in  their  judgment,  any  alteration  or  modification  is  necessary,  in 
order  to  do  equal  and  exact  justice  to  all  parties  in  interest. 
Copy  of  report  SEC.  6.  And  be  it  further  enacted,  That,  after  the  said  report  shall  be 


finall 


WISCONSIN. 


255 


finally  completed,  the  commissioners  shall  cause  [three  copies]  of  the  and  map  to  be 
j  said  report,  and  of  the  map  accompanying  the  same,  as  finally  agreed  aeP°S]  tea,  &c- 
j  upon  and  settled,  to  be  made  and  signed   by  said  commissioners,  one 
j  copy  of  which  shall  be  deposited  in  the  office  of  the  secretary. of  said 
f  Territory,  one  copy  in  the  office  of  the  clerk  of  the  county  within  which 
i  said  lands  are  situated,  and  the  other  shall  be  transmitted  to  the  Presi- 
|  dent  of  the  United  States,  who  shall  thereupon  cause  patents  to  be 
\  issued  to  the  several  individuals  named  in  said  report,  for  the  lands  so 
apportioned  to  them  respectively,  by  which  the  said  persons  shall  be 
authorized  to  hold  the  said  lands  in  fee-simple  to  themselves  and  their 
heirs  and  assigns. 

SEC.  7.  And  be  it  further  enacted,  That  the  said  report  and  map  shall  S  a  id  Indians 
be  filed  with  the  secretary  of  said  Territory,  and  in  the  clerk's  office  of  S alL 
said  county,  and  shall  also  be  transmitted  to  the  President  on  or  before  states,  &c. 
the  first  day  of  January  next ;  and  after  the  same  shall  have  been  filed 
and  transmitted  to  the  President,  as  aforesaid,  the  said  Brothertown  In- 
dians, and  each  and  every  of  them,  shall  then  be  deemed  to  be,  and  from 
that  time  forth  are  hereby  declared  to  be,  citizens  of  the  United  States 
to  all  intents  and  purposes,  and  shall  be  entitled  to  all  the  rights,  privi- 
leges, and  immunities  of  such  citizens,  and  shall,  in  all  respects,  be  sub- 
ject to  the  laws  of  the  United  States  and  of  the  Territory  of  Wisconsin, 
in  the  same  manner  as  other  citizens  of  said  Territory ;  and  the  jurisdic- 
tion of  the  United  States  and  of  said  Territory  shall  be  extended  over 
the  said  township  or  reservation  now  held  by  them  in  the  same  manner 
as  over  other  parts  of  said  Territory;  and  their  rights  as  a  tribe  or  na- 
tion, and  their  power  of  making  or  executing  their  own  laws,  usages, 
or  customs,  as  such  tribe,  shall  cease  and  determine :  Provided,  however,  Proviso. 
That  nothing  in  this  act  shall  be  so  construed  as  to  deprive  them  of  the 
right  to  any  annuity  now  due  to  them  from  the  State  of  New  York  or 
the  United  States,  but  they  shall  be  entitled  to  receive  any  such  annuity 
in  the  same  manner  as  though  this  act  had  not  been  passed,  (a) 

(a)  See  No.  697. 

No.  61  la.— AN  ACT  for  the  relief  of  William  Clark.  •        March  3, 1839. 

Be  it  enacted,  $c.,  That  the  Secretary  of  War  be,  and  he  is  hereby,  di- '  P' — — 

j  rected  to  issue  a  land  warrant  for  one  hundred  and  sixty  acres  of  land     Land   warrant 
to  William  Clark,  a  Canadian  volunteer,  to  be  located  on  any  of  the  un-  *°  ^e  is8ue<*' 
appropriated  lands  which  have  been  offered  for  sale,  and  are  subject  to 
private  entry  in  the  Territory  of  Wisconsin  :  and  also,  that  the  Secre- 
tary of  the  Treasury  do  pay  to  said  William  Clark,  the  sum  of  twenty- 
four  dollars,  for  three  months  extra  pay,  all  which  shall  be  in  full  com- 
pensation for  the  services  of  said  Clark  in  the  late  war  with  Great 
Britain. 


March  3,  1839. 
Authorized   to 


No.  612.—  AN  ACT  for  the  relief  of  John  Dougherty,  of  Wisconsin. 

Be  it  enacted,  $-c.,  That  John  Dougherty,  of  the  Territory  of  Wiscon 
sin,  be,  and  is  hereby,  authorized  to  enter  at  the  land  office  at  Mineral 
Point,  in  the  Territory  aforesaid,  by  paying  the  minimum  price  for  the  f°nd 
same,  section  number  twelve,  of  township  number  two,  in  range  num- 
ber three  east,  in  the  district  of  land  subject  to  sale  at  Mineral  Point  ;  the 
said  section  being  the  same  that  was  granted  to  his  wife  Mary,  the  daugh- 
ter of  Kee-no-kee,  by  stipulations  embraced  in  the  treaty  entered  into  by 
and  between  the  United  States  and  the  Winnebago  tribe  of  Indians,  at 
Prairie  du  Chien,  August  first,  eighteen  hundred  and  twenty-nine  : 
Provided,  That  the  certificate  of  the  said  John  Dougherty,  and  the  pat-  Proviso. 
ent  to  be  issued  thereon,  shall  recite  the  provisions  of  this  act,  as  the  au- 
thority, by  virtue  of  which  his  said  entries  have  been  made,  and  also 
show  that  such  entries  were  made  in  right  of  his  wife  ;  and  if  the  said 
John  Dougherty  shall  abandon,  or  in  any  other  manner  separate  from 
his  said  wife  Mary,  during  her  lifetime,  then  all  the  right,  title,  and  in- 
terest in  and  to  said  section,  and  every  part  thereof,  shall  vest  in  said 
Mary,  and  inure  to  the  sole  benefit  of  herself  and  her  children. 


256  WISCONSIN. 

March  3,1841.  IVo.  613.— AX  ACT  making  appropriations,  &c. 

?L-      [Survey  of  country  between  the  Menomonie  and  Montreal  rivers. 
See  MICHIGAN,  No.  499.] 

July  27,  1842.     No.  614.— AN  ACT  to  authorize  the  President  of  the  United  States  to  issue  to 
VoL  6,  p.  841.  the  heirs  of  John  Campbell  a  patent  for  the  remainder  of  private  land  claim  num. 

ber  twenty,  at  Prairie  da  Chien,  in  the  Territory  of  Wiskonsan. 

Land  patent  to  Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and 
hereby  is,  authorized  to  issue  to  the  heirs  of  John  Campbell  a  patent 
for  a  piece  of  land  lying  at  Prairie  du  Chien,  in  the  Territory  of  Wis- 
kpnsan,  and  included  within  the  following  boundaries,  to  wi't :  begin- 
ning at  the  southeast  corner  of  a  tract  of  land  patented  to  the  heirs  of 
John  Campbell  aforesaid,  on  the  twelfth  day  of  October,  in  the  year  one 
thousand  eight  hundred  and  thirty,  and  running  thence  due  east  one 
hundred  and  seventy-three  chains  and  fifty  links ;  thence,  north,  twenty- 
seven  chains  and  twelve  links  ;  thence,  west,  to  the  northeast  corner  of 
the  tract  patented,  as  aforesaid,  to  the  heirs  of  John  Campbell ;  thence 
along  the  east  boundary  of  the  said  tract,  to  the  place  of  beginning,  con- 
taining about  four  hundred  and  seventy-one  acres,  and  being  the  bal- 
ance of  private  land  claim  number  twenty,  to  which  the  aforesaid  heirs 
of  John  Campbell  were  entitled,  under  the  provisions  of  the  act  of 
Congress,  approved  on  the  twenty -first  day  of  February,  one  thousand 
eight  hundred  and  twenty-three,  entitled  "An  act  to  revive  and  con- 
tinue in  force  certain  acts  for  the  adjustment  of  land  claims  in  the  Ter- 
ritory of  Wiskonsan." 

Aug.  11,  1842.  No.  615.— AN  ACT  for  the  relief  of  George  H.  Walker. 

VoL  6,  p. 850.        Beit  enacted^  ^.Cij  That  George  H.  Walker  be,  and  he  hereby  is,  au- 

Authorized  to  thorized  to  enter,  at  the  land  office  in  the  district  in  which  it  lies,  the 
enter  certain  northeast  quarter  of  section  thirty-two,  in  township  seven  north,  of 

m<L  range  twenty-two  east,  in  the  Milwaukie  land  district,  Wiskonsan  Ter- 

ritory, at  the  sum  of  two  dollars  and  fifty  cents  per  acre,  he  having  en- 
titled himself  to  a  pre-emption  right  thereto,  under  the  act  of  the 
twenty-second  of  June,  eighteen  hundred  and  thirty-eight,  by  inhabi- 
tancy and  cultivation,  but  said  land  having  been  reserved  to  the  United 
States,  as  part  of  one  of  the  "even  sections"  mentioned  in  the  first 
section  of  the  act  of  June  eighteenth,  eighteen  hundred  and  thirty- 
eight,  granting  a  quantity  of  land  to  the  Territory  of  Wiskonsan,  for 
the  purpose  of  aiding  in  opening  a  canal  to  connect  the  waters  of  Lake 
Michigan  with  those  of  Rock  River. 

Aug.  23,  1842.     No.   616.— AX  ACT  for  the  relief  of  certain  settlers  in  the  Territory  of  Wisconsin. 
7oL  5,  p.  521.  ^  enacted^  ^  Tnat  every  gettler  in  the  district  of  lands  subject 


Settlers  atMin-  to  sale  at  Mineral  Point,  in  the  Territory  of  Wisconsin,  who  shall  show, 
eral^  Point    who  by  proof  which  shall  be  satisfactory  to  the  register  and  receiver  of  the 
fuse^ntry  und^r  land  office  at  Muscoday,  that  he,  by  cultivation  and  possession,  as  re- 
the   pre-emption  quired  by  the  pre-emption  act  of  the  nineteenth  of  June,  eighteen  han- 
act  of  June  19,  dred  and  thirty-four,  was  entitled  to  a  right  of  pre-emption ;  and  that 
eSeroneuart  ^  he'  the  8aid  8ettler>  was  refused  the  privileges  granted  by  said  act,  in 
section  elsewhere  consequence  of  the  mineral  character  of  the  tract  of  land  applied  for 
by  him,  shall  be  permitted  to  enter,  at  the  rate  of  one  dollar  and  twen- 
ty-five cents  an  acre,  one  complete  quarter-section  of  land,  of  any  lands 
in  said  land  district  which  have  not  yet  been  offered  at  public  sale : 
Proviso.  Provided,  That  no  tract  shall  be  entered,  by  any  settler  claiming  under 

this  act,  which  contains  mines  or  discoveries  of  lead  ore,  or  on  which 
there  may  be  an  improvement,  or  on  which  any  person  may  have  a  resi- 
Proviso,  that  dence,  or  which  may  have  been  reserved  from  sale  :  And  provided,  further, 
the  claimant  That  the  claimant,  under  this  act,  and  his  witnesses,  shall  make  oath, 
shall^make^oath  before  a  perSon  duly  qualified  to  administer  oaths,  to  all  the  facts  stated 
stated  by  them,  (a) 

Instructions  of     SEC.  2.   And  le  it  further  enacted,  That  the  provisions  of  this  act  be 
Secretary  Treas-  carried  into  effect,  in  conformity  with  the  instructions  which  may  be 
om"  given  by  the  Secretary  of  the  Treasury,  to  the  register  and  receiver  of 
the  land  office  at  Muscoday. 

(a)  See  Nos.  389,  599,  601,  610,  626,  627,  629,  630,  635,  644,  649,  650,  654,  656,  659,  663, 
667,  679,  680,  686,  694. 


WISCONSIN.  257 

No.  017.—  AN  ACT  for  the  relief  of  the  Stockbridge  tribe  of  Indians,  in  thoTerii      March  :*,  1643. 
tory  of  Wiskonsan.  Vol.  5,  p.  645. 

Be  it  enacted,  ^-c.,  That  the  township  of  land,  containing  twenty-  three     Land  reserved 
thousand  and  forty  acres,  (or  whatever  quantity  now  remains  to  them,)  for    Stockbridge 
lying  on  the  east  side  of  Winnebago  Lake,  in  the  Territory  of  Wiscon-  Jf^JJJf  may  be 
sin,  which,  by  the  proviso  of  a  treaty  made  with  the  Menomonie  In- 
dians on  the  seventeenth  day  of  February,  in  the  year  eighteen  hun- 
dred and  thirty-one,  and  ratified  on  the  ninth  day  of  July,  eighteen 
hundred  and  thirty-two,  was  reserved  for  the  use  of  the  Stockbridge 
tribe  of  Indians,  and  which,  by  a  subsequent  treaty  with  the  Meno- 
monie tribe,  bearing  date  twenty-seventh  October,  eighteen  hundred 
and  thirty-two,  and  ratified  thirteenth  March,  eighteen  hundred  and 
thirty-three,  was  further  secured  to  the  said  Stockbridge  tribe  of  In- 
dians, may  be  partitioned  and  divided  among  the  different  individuals 
composing  said  tribe  of  Stockbridge  Indians,  and  may  be  held  by  them, 
separately  and  severally,  in  fee-simple,  after  such  division  shall  have 
been  made  in  the  manner  hereinafter  mentioned. 

SEC.  2.  And  be  it  further  enacted,  That  for  the  purpose  of  making  parti-     Board  of  com-. 

mon     the  individuals  of  said  tribe  of 


tion  and  division  of  said  lands  among 

Stockbridge  Indians,  a  board  of  commissioners  shall  be  constituted,  to  Sion  jjOW 
consist  of  live  of  the  principal  or  head  men  of  said  tribe,  a  majority  of  tute'd. 
whom  shall  constitute  a  quorum  to  do  business,  whose  duty  it  shall  be 
to  make  a  just  and  fair  partition  and  division  of  said  lands  among  the 
members  of  said  tribe,  or  among  such  of  them  as,  by  the  laws  and  cus- 
toms and  regulations  of  said  tribe,  are  entitled  to  the  same,  and  in  such 
proportions  and  in  such  manner  as  shall  be  consistent  with  equity  and 
justice,  and  in  accordance  with  the  existing  laws,  customs,  usages,  or 
agreements  of  said  tribe. 

SEC.  3.  And  be  it  further  enacted,  That,  for  the  purpose  of  electing  or  Manner  of 
choosing  said  board  of  commissioners,  a  meeting  of  said  tribe  shall  bo  electing  the  com" 
held  at  their  church  or  principal  public  place,  on  the  reservation  of  land  ml 
aforesaid,  on  the  first  Monday  in  April,  eighteen  hundred  and  forty- 
three,  at  which  all  the  male  members  of  said  tribe,  over  the  age  of  • 
twenty-one  years,  shall  be  allowed  to  vote  for  such  commissioners  ;  and 
the  said  five  commissioners  shall  then  and  there  be  elected  or  chosen  by 
the  said  tribe,  by  a  majority  of  the  whole  number  of  such  voters  then 
present.  And  the  judge  of  the  district  in  which  said  lands  are  situated 
(or,  in  his  absence,  the  register  of  the  land  office  at  Green  Bay,  or  the 
commanding  officer  of  the  United  States  troops  at  Fort  Howard)  shall 
attend  at  the  time  and  place  aforesaid,  and  preside  at  said  meeting, 
superintend  the  said  election,  and  see  that  the  proceedings  are  fairly 
conducted.  And  the  said  presiding  officer  may.  in  his  discretion,  pre- 
scribe whether  the  said  election  shall  be  by  ballot  or  viva  voce, 
and  shall,  in  other  respects,  cause  the  proceedings  to  be  conducted  in 
such  a  manner  as  to  ensure  a  fair  and  proper  choice  or  election  :  and 
after  the  said  commissioners  shall  have  been  so  chosen  or  elected,  the 
said  presiding  officer  shall  immediately  certify  that  fact,  setting  forth 
the  names  of  the  commissioners  who  shall  be  elected,  and  shall  make 
two  copies  of  said  certificate,  one  of  which  he  shall  file  in  the  office  of 
the  register  of  the  land  district  at  Green  Bay,  and  the  other  he  shall 
transmit  by  mail  to  the  President  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  after  the  said  commissioner     How  the  divi- 
shall  have  been  elected  or  chosen  as  above  prescribed,  and  as  soon  there-  sion.    s  h  a  1  1    be 
after  as  conveniently  may  be,  they  shall  proceed  to  make  partition  and  mi 
division  of  all  the  lands  aforesaid,  among  the  individual  members  of 
said  tribe,  or  among  such  of  them  as,  by  the  laws,  customs,  usages,  or 
agreements  of  said  tribe,  are  justly  entitled  to  the  same,  and  in  such 
way  and  manner,  and  upon  such  principles,  and  in  such  proportions,  as* 
shall  be  agreeable  to  equity  and  justice,  and  consistent  with  the  laws, 
usages,  customs,  and  agreements  of  paid  tribe  :    Provided,  however,  That     Proviso. 
the  buildings  and  improvements,  and  the  farms  on  which  the  same  are 
situated,  which  are  now  held  or  possessed  in  severalty  by  the  members 
of  the  said  tribe,  shall,  so  far  as  the  same  can  consistently  be  done,  be 
allotted  or  apportioned  to  the  present  occupants  ;  and  that  no  person  or 
individual  of  said  tribe  shall  be  dispossessed  or  deprived  of  the  improve- 
ments or  land  which  they  now  occupy,  unless  it  shall  be  found  by  the 
said  commissioners  that  such  person  or  persons  are  in  possession  of  and 
occupying  more  laud  than  they  are  justly  entitled  to,  and  then  the  over- 
pins  may  be  apportioned  to  others. 

SEC.  5.  And  be  it  further  enacted,  That  after  the  said  commissioners     Commissioners 

17   L  O—  VOL.  II 


258  WISCONSIN. 


to  make  a  report  shall  have  made  suck  partition  and  division  as  aforesaid,  they  shall  make, 

of  j,heir  proceed-  or  cause  to  be  made,  a  full  report  of  their  proceedings  in  the  premises, 

lp'  setting  forth  the  name  of  each  person  to  whom  they  have  apportioned 

any  part  of  said  land,  the  quantity  apportioned  or  allotted  to  each,  with 

the  metes  and  bounds,  or  other  definite  description  of  each  several  piece 

or  parcel  of  land ;  and  they  shall  accompany  said  report  with  a  fair 

and  accurate  map  of  the  whole,  showing  the  divisions  and  partitions 

aforesaid ;    which  report  and  map,  or  a  true  copy  thereof,  shall  be 

deposited  with  the  town  clerk  of  said  tribe,  on  or  before  the  first  day  of 

July,  eighteen  hundred  and  forty-three,  and  shall  remain  open  for 

inspection  to  all  for  the  space  of  twenty  days  thereafter;  and  if  any 

Mode   of   pro-  member  or  members  of  said  tribe  shall  object  to  the  partition  or  divi- 

ceeding  in  case  of  gion  so  made  by  the  said  commissioners,  or  shall  deem  himself  or  them- 

the  division   be-  geives  aggrieved  thereby,  he  or  they  may,  within  ten  days  thereafter, 

torf    "  l°  £ive  notice  thereof  to  the  said  commissioners,  who  shall,  within  twenty 

days  thereafter,  meet  to  hear  and  determine  such  grievances,  and  take 

testimony,  if  necessary,  and,  after  such  hearing,  shall  have  power  to 

alter  or  modify  such  partition,  if,  in  their  judgment,  any  alteration  or 

modification  is  necessary,  in  order  to  do  equal  and  exact  justice  to  all 

parties  interested. 

Three  copies  of      SEC.  (i.  And  be  it  further  enacted,   That,  after  the   said  report  shah* 

report  and  map  be  finally  completed,  the  Commissioner  shall  cause  three  fair  copies  of 

d°  MMiteiL      and  *  k°  sa^  rePort;>  an-d  °f  the  map  accompanying  the  same,  as  finally  agreed 

upon  and  settled,  to  be  made  and  signed  by  said  commissioners,  one 

copy  of  which  shall  be  deposited  in  the  office  of  the  secretary  of  said 

Territory,  one  copy  in  the  office  of  the  clerk  of  the  county  within  which 

said  lands  are  situated,  and  the  other  shall  be  transmitted  to  the  Presi- 

Patems  to  be  dent  of  the  United  States,  who  shall  thereupon  cause  patents  to  be 

i»*ued.  i>bued  to  the  several  individuals  named  in  said  report,  for  the  lands  so 

apportioned  to  them  respectively,  by  which  the  said  persons  shall  be 

authorized  to  hold  the  said  land  in  fee-simple,  to  themselves  and  their 

heirs  and  assigns. 

Disposition  of     SEC.  7.  And  be  it  further  enacted,  That  the  said  report  and  map  shall 

the    report   and  be  filed  with  the  secretary  of  said  Territory,  and  in  the  clerk's  office  of 

map  to  be  made  said  county,  and  shall  also  be  transmitted  to  the  President,  on  or  before 

'/"auuarvTeJl- tije  first  da^  of  January,  eighteen  hundred  and  forty-four  ;  and,  after 

after  which  the  the  same  shall  have  been  filed  and  transmitted  to  the  President  as 

Indians  shall  i.e  aforesaid,  the  said  Stockbridge  tribe  of  Indians,  and  each  and  every  of 

citizens    of    the  them,  shall  then  be  deemed  to  be,  and  from  that  time  forth  are  hereby 

declared  to  be,  citizensof  the  United  States,  to  all  intents  and  purposes, 

and  shall  be  entitled  to  all  the  rights,  privileges,  and  immunities  of 

.such  citizens,  and  bhnll,  in  all  respects,  be  subject  to  the  laws  of  the 

United  States  and  of  the  Territory  of  Wisconsin,  in  the  same  manner  as 

orber  citizens  of  said  Territory;   and  the  jurisdiction  of  the  United 

States  and  of  said  Territory  shall  be  extended  over  the  said  township  or 

reservation  now  held  by  them,  in  the  same  manner  as  over  other  parts  of 

said  Territory  ;  and  their  rights  as  a  tribe  or  nation,  and  their  power  of 

making  or  executing  their  own  laws,  usages,  or  customs,  as  such  tribe, 

Proviso.  shall  cease  and  determine:  Provided,  however,  That  nothing  in  this  act 

contained  shall  be  so  construed  as  to  deprive  them  of  the  right  to  any 

annuity  now  due  them  from  the  State  of  New  York  or  the  United  States, 

but  they  shall  be  entitled  to  receive  any  such  annuity,  in  the  same 

manner  "as  though  this  act  had  not  been  passed,  (a) 

(a)  See  Xos.  621,  663,  664,  669,  674, 679,  693. 


June  15  1644.     ^°-  618.— AX  ACT  granting  a  section  of  land  for  the  improvement  of  Grant  River 
Vol  5  p.  663^  a^  the  town  of  Potosi,  in  Wisconsin  Territory. 

One  section  of      ^  ''  **  enacted,  <}(.,  That  ihere  be,  and  hereby  is,  granted  to  theTerri- 
land  granted  to  tory  of  Wisconsin,  section  number  thirty-four,  in  township  number  three 
be  divided   into  north,  in  range  number  three  west,  of  the  fourth  principal  meridian  in 
lots  and  disposed  tjie  gaj(|  Territory,  for  the  purpose  of  improving  Grant  River,  known  as 
the  Grant  Slue,  at  the  town  of  Potosi,  in  the  said  Territory,  and  for  no 
other  use  or  purpose  whatever:  and  the  said  land  shall  be  surveyed,  aad 
divided  into  lots,  and  shall  be  sold  and  disposed  of  in  such  manner,  and 
under  such  regulations  and  restrictions,  as  the  legislature  of  the  said 
Proviso.  Territory  shall  establish:  Provided,  That  in  disposing  of  the  same,  pre- 

emption rights  shall  be  granted  to  actual  settlers  and  occupants  resid- 


WISCONSIN.  259 

ing  on  said  lots,  at  the  time  of  the  passage  of  this  act,  according  to  the 
provisions  and  restrictions  in  the  next  section  provided. 

SEC.  2.  And  be  itfurtJier  enacted,  That  the  survey  or- general  of  Wiscon-     Commissioners 
sin  and  Iowa,  shall  appoint  three  disinterested  commissioners,  whose  to  be  appointed 
duty  it  shall  be  to  view  and  examine  all  the  lots  which  are  actually  oc-  to  value  occupied 
copied  and  improved,  and  assess  the  true  value  of  said  lots,  without       ' 
taking  into  the  estimation,  any  of  the  improvements  on  the  same  ;  and 
the  occupants  of  said  lots,  by  paying,  within  one  year  from  the  passage 
of  this  act,  the  assessed  value  as  aforesaid  of  their  respective  lots,  shall 
be  entitled  to  the  right  of  pre-emption  as  aforesaid  ;  and  upon  the  failure 
of  any,  or  all  said  occupants  to  do  so,  the  said  lot  or  lots  to  the  extent  of 
such  failure,  shall  be  sold  as  other  lots  in  said  town  :  Provided,  That  the     Proviso, 
said  occupants  may  at  any  time  before  said  lots  are  sold,  pay  the  as- 
sessed value  and  thereby  save  their  right  of  pre-emption  aforesaid :  And 
provided  further,  That  the  said  commissioners  aforesaid  shall,  before  they 
enter  upon  their  duties  as  such,  be  sworn  faithfully  to  discharge  their 
duties  according  to  the  provisions  of  this  act ;  and  they  shall  receive  a 
compensation  lor  their  services  to  be  prescribed  by  the  legislature  of  said 
Territory  :  Provided,  That  the  whole  compensation  to  said  commissioners     Proviso, 
shall  not  exceed  the  sum  of  one  hundred  and  twenty  dollars. 


No.  619.— AN  ACT  to  authorize  the  selection  of  certain  school  lands  in  the  Terri-     June  15,  1844. 
tories  of  Florida,  Iowa,  and  Wisconsin.  Vol.  5,  p.  666. 


[See  FLORIDA,  No.  1668.] 

No.  620.— AN  ACT  to  authorize  the  President  of  the  United  States  to  sell  the  re-     Juiv  n  1846 
served  mineral  lands  in  the  States  of  Illinois  and  Arkansas,  and  Territories  of  Wis-     Vol  9  u  37 
cousin  and  Iowa,  supposed  to  contain  lead  ore. 


[See  ILLINOIS,  No.  421.] 


No.  621.—  AN  ACT  to  repeal  an  act  entiiled  "An  act  for  the  relief  of  tbe  Stock-     Aug.  6,  1846. 
bridge  tribe  of  Indians  in  the   Territory  of  Wisconsin,"  approved  March  third,      Vol.  9,  p.  55. 
hundred  and  forty-three,  and  for  other  purposes. 


Be  it  enacted,  <fc.,  That  the  act  entitled  "An  act  for  the  relief  of  the     Repeal  of  act 
Stockbridge  tribe  of  Indians  in  the  Territory  of  Wisconsin,"  approved  of  1843: 
March  third,  eighteen  hundred  and  forty-three,  be  and  the  same  is 
hereby  repealed;  and  the  said  Stockbridge  tribe  or  nation  of  Indians 
is  restored  to  their  ancient  form  of  government,  with  all  powers,  rights,     Restored  toan- 
and  privileges,  held  and  exercised  by  them  under  their  customs  and  cientfomiof  gov- 
usages,  as  fully  and  completely  as  though  the  above-recited  act  had  ernmeQt. 
never  passed. 

SEC.  2.  And  be  it  farther  enacted,  That  the  sub-agent  of  Indian  affairs     Sub-agent     at 
at  Green  Bay,  under  the  direction  of  the  governor  of  Wisconsin,  who  Green  Bay  to  en- 
shall  be  a  commissioner  for  this  purpose,  shall  be  required  to  open  a  rol  the  names  of 
book  for  the  enrolment  of  the  names  of  such  persons  of  the  Stockbridge  sire   "to  become 
tribe  of  Indians  as  shall  desire  to  become  and  rernaia  citizens  of  the  citizens  of  United 
United  States,  immediately  upon  the  passage  of  this  law;  and  three  States. 
months  shall  be  allowed  after  the  opening  of  said  books  for  the  enrol- 
ment, within  which  time  it  shall  be  the  duty  of  all  desiring  cit  zeuehip  to 
come  forward  in  person  and  file  their  application.    After  the  expiration 
of  the  three  months,  the  said  sub-agent  shall  divide  the  said  township     Sub-agent     to 
of  land  now  held  by  the  Stockbridges  on  the  Winnebago  Lake  into  two  divide  the  laud 
districts,  to  be  known  and  designated  as  the  Indian  district  and  the  SL.^into^tmi 
Jitizeu  district,  according  to  the  strength  and  numbers  of  their  respee-  districts 
tivoi  parties,  and  the  laws  and  usages  in  said  tribe.     This  lauds  in  tho     How  the  lands 
Indian  district  are  to  remain  and  to  be  held  in  common;  those  in  the  are  to  behold. 
Citizen  district  are  to  be  divided;  and  to  each  Indian  who  becomes  a 
citizen  the  said  sub-agent  shall  assign,  by  distinct  inetes  and  bounds,  his 
ratable  proportion  of  land.    And,  alter  the  division  and  allotment  are 
completed,  it  shall  be  the  duty  of  the  said  sub-agent  to  make  out  three     Sub-agents    to 
copies  of  the  divisions  thus  made,  one  of  which  he  shall  file  with  the  malfe  *J*thSB 
clerk  of  the  district  court  of  the  county  in  which  the  Citizen  district  vi"ions  luauo> 
land  may  be  situated;  one  other  copy  he  shall  tile  in  the  land  office  at 
Green  Bay,  in  Wisconsin  Territory;  and  the  other  shall  be  returned  to 
the  Secretary  of  War.    And,  upon  the  receipt  of  the  said  return  b.y  the     Patents  to  ia- 
Becretary  of  War,  patents  maybe  issued  to  the  individual  reseiveessue  to  those  res- 


260  WISCONSIN. 

ervees   who   be-  who  become  citizens,  upon  the  receipt  of  which  a  title  in  fee-simple  to 
come  citizens.       the  lot  of  land  shall  vest  in  the  patentee  :  and  all  transfers  and  assign- 
>        ments  of  the  laud  made  previous  to  the  issuance  of  the  patent  shall  be 
Indians  becom- null  and  void:  Provided,  however,  That  those  Indians  who  become  citi- 
ing    citizens    to  zens  shall  forfeit  all  right  to  receive  any  portion  of  the  annuity  which 
forfeit  annuity.    mav  now  j^  or  mav  foecome  ,jne  the  nation  of  Stockbridges,  by  virtue  of 
any  treaty  heretofore  entered  into  by  this  Government  with  said  Stock- 
bridges. 

|5,000  to  be  paid      SEC.  3.  Ami  be  it  further  eint<-tid,  That,  in  consideration  of  the  moneys 

them    for     that  paid  by  said  Stockbridge  nation  of  Indians  to  the  Winnebagoes  and 

sum  paid  by  them  Menomonies  in  the  years  eighteen  hundred  and  twenty-one  and  eighteen 

goes  ^nd^leno-  hundred  and  twenty-two,  and  all  other  claims,  the  sum  of  five  thousand 

monies.  dollars  be  paid  to  said  tribe  of  Indians  by  the  Secretary  of  War;  and  for 

this  purpose,  the  said  sum  of  five  thousand  dollars  be,  and  the  same 

Appropriation,  is  hereby,  appropriated,  out  of  any  money  in  the  Treasury  not  otherwise 

Proviso.  appropriated :   Provided,  That  nothing  in  this  act  contained  shall  be 

construed  to  impair  any  claim  which  said  nation  may  have  upon  the 

Delaware  nation  to  a  share  of  the  lands  assigned  to  them  west  of  the 

Missouri  River,  (a) 

(a)  See  Xos.  617,  663,  664, 669, 674,  679,  693. 


Au".  t:,  lc<4r,.      ^Vo.  622.— AX  A<  T  to  enable  the  people  of  Wisconsin  Territory  to  form  a  constitu- 
Vof  9,'p.  56.  tion  and  State  government,  and  for  the  admission  of  such  State  into  the  Union. 

The  people  of  Be  lt  ena  cte(l>  4'r-j  That  the  people  of  the  Territory  of  Wisconsin  be, 
Wisconsin  au-  and  they  are  hereby,  auihoriztd  to  form  a  constitution  and  State  gov- 
thorized  to  form  ernment,  for  the  purpose  of  being  admitted  into  the  Union  on  an  equal 
*  Tst-Stt *  u  * i  °  n  footing  with  the  original  States  in  all  respects  whatsoever,  by  the  name 
men?  a' of  the  State  of  Wisconsin,  with  the  following  boundaries,  to  wit:  Be- 

Boundaries.  ginning  at  the  northeast  corner  of  the  State  of  Illinois— that  is  to  say, 
at  a  point  in  the  centre  of  Lake  Michigan  where  the  line  of  forty- two 
degrees  and  thirty  minutes  of  north  latitude  crosses  the  same  ;  thence 
running  with  the  boundary  line  of  the  State  of  Michigan,  through  Lake 
Michigan,  Green  Bay,  to  the  month  of  the  Menomouie  River ;  thence  up 
the  channel  of  said  river  to  the  Brule  River;  thence  up  said  last-men- 
tioned river  to  Lake  Brule;  thence  along  the  southern  shore  of  Lake 
Brule  in  a  direct  line  to  the  centre  of  the  channel  between  Middle  and 
South  Inlands,  in  the  Lake  of  the  Desert;  thence  in  a  direct  line  to  the 
headwaters  of  the  Montreal  River,  as  marked  upon  the  survey  made  by 
Captain  Cramm  ;  thence  down  the  main  channel  of  the  Montreal  River 
to  the  middle  of  Lake  Superior ;  thence  through  the  centre  of  Lake 
Superior  to  the  mouth  of  the  St.  Louis  River  ;  thence  up  the  main  chan- 
nel of  said  river  to  the  first  rapids  in  the  same,  above  the  Indian  vil- 
lage, according  to  Nicollet's  map  ;  thence  due  south  to  the  main  branch 
of  the  river  St.  Croix;  thence  down  the  main  channel  of  said  river  to 
the  Mississippi ;  thence  down  the  centre  of  the  main  channel  of  that 
river  to  the  northwest  corner  of  the  State  of  Illinois;  thence  due  east 
with  the  northern  boundary  of  the  State  of  Illinois  to  the  place  of  be- 
ginning, as  established  by  uAu  act  to  enable  the  people  of  the  Illinois 
Territory  to  form  a  constitution  and  State  government,  and  for  the 
admission  of  such  State  into  the  Union  on  an  equal  footing  with  the 
original  States,"  approved  April  eighteen,  eighteen  hundred  and 
eighteen. 

Jurisdiction  of      SEC.  2.    And  fee  it  further  enacted,  That,  to  prevent  all  disputes  in  ref- 
islands  in  Brnleerence  to  the  jurisdiction  of  islands  in  the  said  Brule  and  Menomouie 
and    Menomonie  rivers,  the  line  be  s->  run  as  to  include  within  the  jurisdiction  of  Michi- 
gan all  the  islands  in  the  Brule  and  Menomouie  rivers,  (to  the  extent 
in  which  said  rivers  are  adopted  as  a  boundary,)  down  to,  and  inclu- 
sive of,  the  Quinnesec  Falls  of  the  Menomonie;  and  from  thence  the 
line  shall  be  so  run  as  to  include  within  the  jurisdiction  of  Wisconsin 
all  the  islands  in  the  Menomonie  River,  from  the  falls  aforesaid  down 
to  the  junction  of  said  river  with  Green  Bay :   Provided,  That  the  adjust- 
ment of  boundary,  as  fixed  in  this  act,  between  Wisconsin  and  Michi- 
Assentof  Mich-  gan  shall  not  be  binding  on  Congress,  unless  the  same  shall  be  ratified 
igan  required,      by  the  State  of  Michigan  on  or  before  the  first  day  of  June,  one  thou- 
sand eight  hundred  and  forty-eight. 

To  have  con-  SEC.  3.  And  be  it  further  enacted,  That  the  said  State  of  Wisconsin  shall 
current  jurisdic-  have  concurrent  jurisdiction  on  the  Mississippi,  and  all  other  rivers  and 
tion  on  the  Mis-  waters  bordering  on  the  said  State  of  Wisconsin,  so  far  as  the  3: 


WISCONSIN.  261 

___  11  form  a  common  boundary  to  said  State  and  any  other  State  or  sjseippi  and  other 
Itates  now  or  hereafter  to  be  formed  or  bounded  by  the  same  j  and  said  ri]Javigable  wa- 
river  and  waters,  and  the  navigable  waters  leading  into  the  same,  shall  ters  to  be  com- 
be common  highways,  and  forever  free,  as  well  to  the  inhabitants  of  mon  highways. 
said  State  as  to  all  other  citizens  of  the  United  States,  without  any  tax, 
duty,  impost,  or  toll,  therefor. 

SEC.  4.  And  be  it  further  enacted,  That  from  and  after  the  admission    Laws  of  United 
oi  the  State  of  Wisconsin  into  the  Union,  in  pursuance  of  this  act,  the  States   extended 
laws  of  the  United  States  which  are  not  locally  inapplicable  shall  have  to 
the  same  force  and  effect  within  the  State  of  Wisconsin  as  elsewhere 
within  the  United  States.  («•) 


.  That  section  numbered  Sixteen,  in  every  township  of  the  public     Lands     for 
lands  in  said  State,  and  where  such  section  has  been  sold  or  otherwise  schools. 
•disposed  of,  other  lands  equivalent  thereto,  and  as  contiguous  as  may 
be,  shall  be  granted  to  said  State  for  the  use  of  schools,  (b) 

Second.  That  the  seventy-two  sections  or  two  entire  townships  of  land     Lands  for  a 
set  apart  and  reserved  for  the  use  and  support  of  a  university  by  an  seminary    of 
act  of  Congress,  approved  on  the  twelfth  day  of  June,  eighteen  hun- 
dred  and  thirty-eight,  entitled  <l  An  act  concerning  a  seminary  of  learn- 
ing in  the  Territory  of  Wisconsin,"  are  hereby  granted  and  conveyed  to 
tho  State,  to  be  appropriated  solely  to  the  use  and  support  of  such  uni- 
versity, in  such  ii:iinerus  the  legislature  may  prescribe,  (o) 

Third.  That  ten  entire  sections  of  land,  to  be  selected  and  located     Lauds  for  pub- 
under  the  direction  of  the  legislature,  in  legal  divisions  of  not  less  than  ^ic  buildings  and 
one  quarter-section,  from  any  of  the  unappropriated  lands  belonging  JJJJt  of   £overn- 
to  the  United  Stales  within  the  said  State,  are  hereby  granted  to  the 
said  State,  for  the  purpose  of  completing  the  public  buildings  of  the 
said  State,  or  for  the  erection  of  others  at  the  seat  of  government,  un- 
der (lie  direct  ton  of  the  legislature  thereof,  (d) 

Font-ill.  That  all  salt  springs  within  said  State,  not  exceeding  twelve     Salt  springs. 
in  number,  with  six  sections  of  land  adjoining,  or  as  contiguous  as 
may  be  to  each,  shall  be  granted  to  the  State  for  its  use  ;  the  same  to 
be  selected  by  the  legislature  thereof,  within  one  year  after  the  admis- 
sion of  said  State  ;  and  when  so  selected,  to  be  used  or  disposed  of  on 
such  terms,  conditions,  and  regulations,  as  the  legislature  shall  direct: 
J'rocided,  That  no  salt  spring  or  land  the  right  whereof  is  now  vested     Proviso. 
in  any  individual  or  individuals,  or  which  may  hereafter  be  confirmed 
or  adjudged  to  any  individual  or  individuals,  shall,  by  this  section,  be 
granted  to  said  State,  (f) 

Fifth.  That  five  per  cent,  of  the  net  proceeds  of  sales  of  all  public     *"ive  Per  cent- 
lands  lying  within  the  said  State,  which  have  been  or  shall  be  sold  by  &JESS&J?. 
Congress,  from  and  after  the  admission  of  said  State  into  the  Union,  en  tor  roads  and 
after  deducting  all  the  expenses  incident  to  the  same,  shall  be  paid  to  canals. 
the  said  State,  for  the  purpose  of  making  public  roads  and  canals  in 
the  same,  as  the  legislature  shall  direct:  (/)  Provided,  That  the  fore-     Condition. 
going  propositions  herein  offered  are  on  the  condition  that  the  said 
convention  which  shall  form  the  constitution  of  said  State  shall  pro- 
vide, by  a  clause  in  said  constitution,  or  an  ordinance,  irrevocable  with- 
out the  consent  of  the  United  States,  that  said  State  shall  never  inter- 
fere with  the  primary  disposal  of  the  soil  within  the  same  by  the  United 
States,  nor  with  any  regulations  Congress  may  find  necessary  for  secur- 
ing the  title  in  such  soil  to  bona-fide  purchasers  thereof  ;  and  that  no     T;ix.  s 
tax  shall  be  imposed  on  lands  the  property  of  the  United  States;  and 
that  in  no  case  shall  non-resident  proprietors  be  taxed  higher  than  resi- 
dents. ((j) 

•a)  See  Nos.  31*,  394,  4^7,  491,  498,  499,  597,  600,  602,  C03,  606,  608,  613,  624,  626,  629. 

(b)  See  Nos.  619.  626,  620. 

<c)  See  Nos.  609^  626,  629,  640. 

(d)  See  Nos  626,  629. 

(6)  Sec  Nos..  626,  129,  634,  640. 

<f)  See  Nos.  626,  629,  661. 

«7>  See  No.  600. 

>o.  (;^:|.—  AN  ACT  to  grant  a  certain  quantity  of  land  to  aid  in  the  improvement  Aug.  «,  1646. 
<>f  the  Fox  and  Wisconsin  rivers,  and  to  connect  the  same  by  a  canal,  in  the  Ter-  Vol.  9,  p.  83. 
ritorv  of  Wisconsin.  --- 


Be  it  enacted,  <JY.,  That  there  be,  and  hereby  is,  granted  to  the  State  Grant  of  land 
of  Wisconsin,  on  the  admission  of  such  State  into  the  Union,  for  the  *°  a1.^  in  improv- 
purpose  of  improving  the  navigation  of  the  Fox  and  Wisconsin  rivers,  Wisconsin  *  riv- 
In  the  Territory  of  Wisconsin,  and  of  constructing  the  canal  to  unite  ers. 


262  WISCONSIN. 

the  said  rivers,  at  or  near  the  Portage,  a  quantity  of  land,  equal  to  one 
half  of  three  sections  in  width,  on  each  side  of  the  said  Fox  River,  and 
the  lakes  through  which  it  passes,  from  its  mouth  to  the  point  where 
the  Portage  canal  shall  enter  the  same,  and  on  each  side  of  Haid  canal  from 
one  stream  to  the  other,  reserving  the  alternate  sections  to  the  United 
States,  to  be  selected  under  the  direction  of  the  governor  of  said  State, 
and  such  selection  to  be  approved  by  the  President  of  the  United  States. 
The  said  risers,  when  improved,  and  the  said  canal,  when  finished,  shall  be 
and  forever  remain  a  public  highway  for  the  use  of  the  Government  of 
United  States  the  United  States,  free  from  any  toll  or  other  charge  whatever  for  the 

tou8e8aidiiver8tran8p0rtation  of  tne  taAnSj  or  for  any  property  of  the  United  States, 

from  toll.  or  Persons  in  their  service  passing  upon  or  along  the  same :  Provided, 

Price  of  lands.  The  said  alternate  sections,  reserved  to  the  United  States,  shall  not  be 
P  r  e  -  e  mption  sold  at  a  less  rate  than  two  dollars  and  fifty  cents  the  acre  :  Provided, 

claims.  also,  That  no  preemptive  claim  to  the  lands  so  reserved  shall  give  ihe 

occupant,  or  any  other  person  claiming  through  or  under  him,  a  right 

to  said  lands  at  any  price  less  than  the  price  fixed  in  this  act,  at  the 

time  of  the  settlement  on  said  lands. 

Lands  to    be-     SEC.  3.  And  be  it  further  enacted,  That  as  soon  as  the  Territory  of  Wis- 

come  the  proper-  con&in  shall  be  admitted  as  a  State  into  the  Union,  all  the  lands  granted 
8m-  by  this  act  shall  be  and  become  the  property  of  said  State  for  the  pur- 
pose contemplated  in  this  act,  and  no  other:  Provided,  That  the  legisla- 
ture of  said  State  shall  agree  to  accept  said  grant  upon  the  terms  speci- 
The  price    of  fied  in  this  act ;  and  shall  have  power  to  fix  the  price  at  which  said 

the  land  to  be  not  ]an  js  snaji  fce  8Old,  not  less  than  one  dollar  and  twenty-five  cents  the 

per  acre"1  acre »  an(l  *°  adopt  such  kind  and  plan  of  improvement  on  said  route 

as  the  said  legislature  shall  from  time  to  time  determine  for  the  best 

Limitation    on  interest  of  said  State.     Provided  also,  That  the  lands  hereby  granted 

quantities  to  be  snan  not  be  conveyed  or  disposed  of  by  said  State,  except  as  said  im- 
provements shall  progress :  that  is,  the  said  State  may  sell  so  much  of 
said  lands  as  shall  produce  the  sum  of  twenty  thousand  dollars,  and 
then  the  sales  shall  cease  until  the  governor  of  said  State  shall  certify 
the  fact  to  the  President  of  the  United  States,  that  one- half  of  said 
sum  has  been  expended  upon  said  improvements,  when  the  said  State 
may  sell  and  dispose  of  a  quantity  of  said  lands  sufficient  to  reimburse 
the  amount  expended ;  and  thus  the  sales  shall  progress  as  the  proceeds 
thereof  shall  be  expended,  and  the  fact  of  such  expenditure  certified  in 
the  manner  herein  mentioned. 
Title  of  pur-  gEC.  3.  And  be  it  further  enacted,  That  the  said  improvement  shall  be 

thufact  shall  be  ?ommence<*  within  three  years  after  the  said  State  shall  be  admitted 
into  the  Union,  and  completed  within  twenty  years,  or  the  United  States 
shall  be  entitled  to  receive  the  amount  for  which  any  of  said  lands  may 
have  been  sold  by  said  State :  Provided,  That  the  title  of  purchasers 
under  the  sales  made  by  the  State  in  pursuance  of  this  act  shall  be 
valid,  (a) 

(a)  See  Xos.  629,  631.  fi3i>.  G4:$.  650,  671. 


Aug.  10,  1*46.     JT».  «24  .—AX  AC  T  making  appropriations  for  the  civil  and  diplomatic  expenses  of 
Vol.  9,  p.  85.          Government,  for  the  year  ending  the  thirtieth  day  of  June,  eighteen  hundred  and 
forty-seven,  and  for  other  purposes. 

#  #  *  *  *  *  * 

So  much  of  line     SEC.  4.  And  Ic  it  further  enacted,  That  the  surveyor-general  northwest 


i  aandTvscon-  of  tne  ^nio»  under  the  direction  of  the  President,  be,  and  hereby  is,  re- 
sunas    lies  be-  quired  to  cause  to  be  surveyed,  marked,  and  designated,  so  much  of  the 
tween  the  sour-  line  between  Michigan  and  Wisconsin  as  lies  between  the  source  of 
cesof  Brul6  and  Brule  River  and  the  source  of  Montreal  River,  as  defined  by  the  "Act 
tobe^rveved™'  to  enaole  tne  People  of  Wisconsin  Territory  to  form  a  constitution  aud 
State  government,  and  for  the  admission  of  such  State  into  the  Union  ;" 
and  the  expense  of  such  survey  shall  be  paid,  upon  the  certificate  of 
the  said  surveyor-general,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  not  exceeding  one  thousand  dollars,  (a) 


(a)  See  Nos.  378,  394,  487,  401,  498,  499,  597,  600,  602,  603,  606,  608,  613,  622,  626,  629. 


WISCONSIN, 


263 


625.— AX  ACT  to  grant  a  right  of  preemption  to  Philip  F.  Bering  and  Robert      Feb.  25,  1847. 
H.  Champion  to  a  tract  of  mineral  land.  Vol.  9,  p.  686. 

Be  it  enacted,  tfc.,  That  there  be,  and  hereby  is,  granted  to  Philip  F.  n_^1J_rrii8|ltg[ 
_>ering  and  Robert  H.  Champion,  of  the  county  of  Iowa,  and  Territory  KSn     lands 
of  Wisconsin,  the  right  of  preemption  to  the  northeast  quarter,  and  east  granted  to  P.  F. 
half   of   the  northwest  quarter,  of  section  numbered  twenty-six,    in  Bering  and  n.  H. 
township  numbered  one  north,  of  range  numbered   one  east,  of  the  Champion, 
fourth  principal  meridian,  being  the  laud  now  occupied  by  them  under 
a  lease  from  the  United  States  as  mineral  land  :  Provided,  That  said  Der-     Proviso  as  to 
ing  and  Champion  shall  make  full  payment  for  the  same  at  the  proper  payment. 
land  office  within  six  months  after  the  passage  of  this  act :  And  pro- 
vided, further.  That  nothing  herein  contained  shall  be  so  construed  as  to     Proviso, 
affect*  the  lawful  claims  of  any  other  person  or  persons  to  the  same,  by 
virtue  of  existing  laws. 


fo.  620.— AN  ACT  for  the  admission  of  the  State  of  Wisconsin  into  the  Union.         March  3  1847. 

Hiereas  the  people  of  the  Territory  of  Wisconsin  did,  on  the  six-  — ° 

jnth  day  of  December,  eighteen  hundred  and  forty-six,  by  a  conven-  Preamble, 
tion  of  delegates  called  and  assembled  for  that  purpose,  form  for  them- 
selves a  constitution  and  State  government,  which  said  constitution  is 
republican ;  and  said  convention  having  asked  the  admission  of  said 
Territory  into  the  Union  as  a  State,  on  an  equal  footing  with  the  original 
States— 

Be  it  enacted,  <$-c.,  That  the  State  of  Wisconsin  be,  and  the  same  is  here-     Wisconsin  ad- 
by,  declared  to  be,  one  of  the  United  States  of  America,  and  is  hereby  nritted  into   the 
admitted  into  the  Union  on  an  equal  footing  with  the  original  States,  union, 
in  all  respects  whatever. 

SEC.  2.  And  le  It  further  enacted,  That  the  assent  of  Congress  is  hereby     change    of 
given  to  the  change  of  boundary  proposed  in  the  first  article  of  said  boundary,  &c. 
constitution,  to  wit :  Leaving  the  boundary  line  prescribed  in  the  act  of 
Congress  entitled  "  An  act  to  enable  the  people  of  Wisconsin  Territory 
to  form  a  constitution  and  State  government,  and  for  the  admission  of 
such  State  into  the  Union,'7  at  the  first  rapids  in  the  river  St.  Louis, 
thence  in  a  direct  line  southwardly  to  a  point  fifteen  miles  east  of  the 
most  easterly  point  in  Lake  St.  Croix,  thence  due  south  to  the  main 
channel  of  the  Mississippi  River  or  Lake  Pepin,  thence  down  the  said 
main  channel,  as  prescribed  in  said  act.  («) 

SEC.  3.  And  be  it  further  enacted,  That  the  assent  of  Congress  is  hereby     Assent  Of  con- 
given  to  the  resolutions  adopted  by  said  convention  and  appended  to  gress  to  resolu- 
said  constitution,  and  the  acts  of  Congress  referred  to  in  said  resolutions  tions  of  conven- 
are  hereby  amended  so  that  the  lands  thereby  granted  and  the  proceeds  tion  tre^ti^/jtj> 
thereof,  and  the  five  per  centum  of  the  net  proceeds  of  the  public  lands,  fJJJ1  fh° 
may  be  held  and  disposed  of  by  said  State,  in  the  manner  and  for  the  cent  fund, 
purposes  recommended  by  said  convention :  (ft)  Provided,  however,  That     Proviso, 
the  liabilities  incurred  by  the  Territorial  government  of  Wisconsin,  under 
the  act  entitled  "An  act  to  grant  a  quantity  of  land  to  the  Territory  of 
Wisconsin,  for  the  purpose  of  aiding  in  opening  a  canal  to  connect  the 
waters  of  Lake  Michigan  with  those  of  Rock  River,"  shall  be  paid  and 
discharged  by  said  State :  (c)  And  provided,  further,  That  the  even-num-     Price  of  public 
hered  sections  along  the  route  of  said  proposed  canal  sliall  be  brought  lands. 
into  market,  and  sold  at  the  same  minimum  price,  and  subject  to  the 
same  rights  of  preemption  to  all  the  settlers  thereon,  at  the  passage  of 
this  act,  as  other  public  lands  of  the  United  States,  (d) 

SEC.  4.  And  be  it  further  enacted,  That  it  is  made  and  declared  to  be  a     Assent  to  a  cci- 
fundamental  condition  of  the  admission  of  said  State  of  Wisconsin  into  required  as  aconl 
the  Union,  that  the  constitution  adopted  at  Madison,  on  the  sixteenth  dition  of  admis" 
day  of  December,  in  the  year  one  thousand  eight  hundred  and  forty-six,  sion. 
shall  be  assented  to  by  the  qualified  electors,  in  the  manner  and  at  the 
times  prescribed  in  the  ninth  section  of  the  twentieth  article  of  said 
constitution.    And  as  soon  as  such  assent  shall  be  given,  the  President     President      to 
of  the  United  States  shall  announce  the  same  by  proclamation  ;  and  "?^e 
therefrom,  and  without  any  further  proceedings  on  the  part  of  Congress, 
the  admission  of  said  State  of  Wisconsin  into  the  Union,  on  an  equal 


264  WISCONSIN. 

faceting  iu  all  respects  whatever  with  the  original  States,  shall  be  con- 
sidered as  complete. 

(a)  See  Xos.  378,  394,  487,  491,  498,  499,  597,  600,  602,  603,  606,  608,  613,  622,  624,  629. 

(b)  See  Nos.  009,  6i9.  622,  629,  634,  640,  661. 
(c)SeeXos.  (i  0,629,' 661. 

id)  See  Nos.  3c9.  599,  601,  610,  616,  627,  629,  630,  635,  644,  649,  650,  654.  656,  659,  663,  667, 
679,  680,  6*<>.  <i94. 

March  3,  1H47.    No<  goy  ,_^N  ACT  to  create  an  additional  land  district  in  the  Territory  of  Wiscon- 

sin,  and  for  other  purposes. 

Be  ii  enacted,  4'r.,  That  all  that  portion  of  the  public  lands  lying  within 
the  Territory  of  Wisconsin,  north  and  west  of  the  following  boundary, 
Boundary.  to  wj^  .  commencing  at  the  Mississippi  River  on  the  line  between  town- 
ships twenty-two  and  twenty- three  north,  running  thence  east  along 
said  line  to  the  fourth  principal  meridian,  thence  north  along  said  meri- 
dian line  to  the  line  dividing  townships  twenty-nine  and  thirty,  thence 
east  along  said  township  line  to  the  Wisconsin  River,  thence  up  the 
main  channel  of  said  river  to  the  boundary  line  between  the  State  of 
Michigan  and  the  Territory  of  Wisconsin,  shall  form  a  land  district,  to 
be  called  the  Chippewa  land  district ;  and,  for  the  sale  of  the  lauds  in 
be  efrtablfshed  t0  8a^  district,  a  land  office  shall  be  established  at  such  place  therein  as 

the  President  of  the  United  States  may  select,  (a) 

a  m SaSi  oVof      SEC>  2>  And  1)C  jt  fur1her  e»actc<l,  That  the  Secretary  of  the  Treasury 
lands  in  said  dis-  ^uall  cause  a  geological  examination  and  survey  of  the  lands  embraced 
trict  to  be  made,  in  said  district  to  be  made  and  reported  to  the  Commissioner  of  the  Gen- 
eral Land  Office.    And  the  President  is  hereby  authorized  to  cause  such 
other  tends  to  te  °^  8a^  lands  as  may  contain  copper,  lead,  or  other  valuable  ores,  to  be 
exposed  to  sale,    exposed  to  sale,  giving  six  months'  notice  of  thetimes  and  places  of  sales 
in  sijch  newspapers  of  general  circulation  in  the  several  States  as  he  may 
deem  expedient,  with  a  brief  description  of  the  lands  to  be  offered; 
showing  the  number  and  localities  of  the  mines  known,  the  probability 
of  discovering  others,  the  quality  of  the  ores,  the  facilities  of  working 
the  mines,  and  the  means  and  expense  of  transporting  their  products  to 
t  he  principal  markets  in  the  United  States.    And  all  the  lands  embraced 
in  said  district,  not  reported  as  aforesaid,  shall  be  sold  iu  the  same  man- 
ner as  other  lands  under  the  laws  now  in  force  for  the  sale  of  the  public 
&cCto10be8  re-  -an(^8'  excepting  and  reserving  from  such  sales  section  sixteen  in  each 
served.'  township  for  the  use  of  schools,  and  such  reservations  as  the  President 

shall  deem  necessary  for  public  uses.  (&) 

rieMto  Pactuai  S.EC'  3'  A  nd  be  ' '  furtlier  enacted,  That  every  person  or  persons  who  shall 
occupants  of  oe  in  possession,  by  actual  occupancy,  of  a  mine  or  mines,  actually  dis- 
mines.  covered  previous  to  the  passage  of  this  act,  and  who  shall  pay  the  same 

rents  as  those  who  hold  under  leases  from  the  Secretary  of  War,  and 
which  rents  accruing  from  such  occupants  and  lessees  shall  be  paid  and 
delivered  to  such  officer  of  the  Government  as  the  Secretary  of  the 
Treasury  shall  direct,  shall  be  entitled  to  purchase  the  lands  on  which 
the  same  is  or  are  situated  at  any  time  prior  to  the  day  of  sale  fixed  by 
the  President,  in  legal  subdivisions,  not  exceeding  in  the  aggregate  one 
hundred  and  sixty  acres,  to  include  such  mine  or  mines,  paying  to  the 
P    of     to    be  Unite<1  States  therefor  at  the  rate  of  five  dollars  per  acre :  Provided , 
made.  That,  prior  to  any  entry  being  made  under  the  provisions  of  this  sec*iou, 

proof  of  possession  and  occupancy  as*  aforesaid  of  the  mine  or  mines 
claimed  shall  be  made  to  the  register  and  receiver  of  the  land  district, 
together  with  the  evidence  of  the  payment  of  all  rents  due  the  United 
States,  agreeably  to  such  rules  as  may  be  prescribed  by  the  Secretary  of 
the  Treasury  for  that  purpose,  which  register  and  receiver  shall  each  be 
entitled  to  receive  one  dollar  for  his  services  therein  :  Provided,  Thatan 
Appeals   may  appeai  from  the  decision  of  the  register  and  receiver  to  the  Secretary  of 
retan   of  Treas- tne  Treasury  may  be  had,  under  such  regulations  as  the  said  Secretary 
ury.  '  may  prescribe.     And  if  two  or  more  persons  are  in  possession  of  the  same 

Joint  occupa-  quarter-section,  the  first  occupant  shall  be  entitled  to  a  preference,  un- 
less the  same  can  be  so  divided  by  legal  subdivisions  as  to  give  to  each 
the  discov  jry  claimed  by  him. 

landBsoai^bVof-      Sl<:c-  4-  -hi(l  bc  H  further  enacted,  That,  the  said  mineral  lands  shall  be 
ered  for  sale.       offered  for  sale  in  'subdivisions  of  quarter  qi  .irter-sections,  and  no  bid 
shall  be  received  at  a  less  rate  than  five  dollars  per  acre;  and  if  .such 
Occupied  lands  land»  8na11  not  be  8old  at  public  sale,  they  shall  be  subject,  to  entry  at 
to  be  withheld,     private  sale  at  that  price:  Provided,  That  no  legal  division  or  subdi- 
vision of  any  of  said  lauds,  upon  which  there  may  be  an  outstanding 


WISCONSIN. 


265 


lease  or  leases  from  the  Secretary  of  War  unexpired  or  undetermined, 
and  which  is  actually  occupied  for  mining  purposes,  and  the  occupants 
of  which  have  complied  with  all  the  requisites  of  such  lease  or  leases, 
and  continued  to  perform  the  same,  shall  be  sold  until  after  the  determi- 
nation of  such  lease  or  leases  by  efflux  of  time,  voluntary  surrender,  or 
other  legal  extinguishment  thereof,  except  in  such  cases  as  are  provided 
for  in  the  third  section  of  this  act  ;  and  the  lessees,  respectively,  shall 

B  entitled  to  the  privilege  secured  by  said  section  upon  the  voluntary 

irrender  of  the  lease  or  Jeases  held  by  them*. 

SEC.  5.  And  be  it  further  enacted,  That  the  management  and  control  of    Management 
mineral  lands  shall  be  transferred  from  t^e  War  Department,  and  miueraTlauds  to 

laced  under  the  jurisdiction  and  control  of  the  Treasury  Department,  be  transferred  to 

id  all  books,  maps,  papers,  instruments,  and  other  property  procured  Treasury  De- 
he  used  and  employed  in  the  management,  survey,  exploring,  or  con-  payment,  &c. 

icting  of  said  mineral  lauds  by  the  War  Department,  shall  be  delivered 

rer  and  made  subject  to  the  disposition  of  the  Secretary  of  the  Treas- 

ry-  (0 

SEC.  6.  And  be  it  further  enacted,  That  the  President,  by  and  with  the 

Ivice  and  consent  of  the  Senate,  so  soon  as  a  sufficient  number  of  town- 

lips  are  surveyed,  and  returns  thereof  made  to  the  General  Land  Office, 

i  authorize  the  commencement  of  the  sales  in  said  district,  shall  ap- 

)int  one  register  and  one  receiver  for  the  land  office  in  said  district,  who 

shall  reside  at  the  place  designated  by  the  President  for  the  land  office, 

receive  such  compensation,  give  security,  and  discharge  all  duties  per- 

taining to  such  office,  as  are  prescribed  by  law.  (6) 

(«)  See  Xos.  389,  599,  601,  630,  636.  642,  647,  663. 

(ft)  See  Xos.  :5i?9,  5!U>,  GUI,  010,  616,  626,  629.  630,  (i35,  G44,  649.  650,  Gf,4,  «.">•),  (559,  663,  (567, 

679.  (J(?'i,  686,  694. 
to)  Sr<>  Xos.  421,  518,  577,  620,  C33,  688. 


Register    and 
(: 


fo.  (,-2S.—  AX  ACT  for  the  relief  of  the  citizens  of  Beetown,  in  the  Territory  of     March  3,  1847. 
Wisconsin.  Vol.  9,  p.  692. 

Ik  it  enacted,  cfc.,  That  the  citizens  of  the  town  of  Beetown.  in  the  Citizens  of  Bee- 
Territory  of  Wisconsin,  shall  be  entitled  to  enter,  at  the  proper  land  own  authorized 
office,  the  northeast  quarter,  and  the  northeast  quarter  of  the  southeast 
quarter,  of  section  thirty,  in  township  number  four  north,  in  range 
four  west,  in  said  Territory,  at  the  minimum  price,  for  the  use  and  ben- 
efit of  the  occupants  thereof,  according  to  their  respective  interests  : 
Provided,  That  such  entry  may  he  made  in  the  name  of  the  corporate  En 
authorities  of  said  town  ;  and  if  said  town  shall  not  be  incorporated,  m! 
in  the  name  of  the  district  judge  of  the  district  in  which  such  town  is 
situated,  in  trust  for  the  use  and  benefit  of  the  citizens  of  said  town, 
the  execution  of  which  trust  as  to  the  disposal  of  the  lots  in  such  town, 
and  the  proceeds  of  the  sales  thereof,  to  be  conducted  under  such  rules 
and  regulations  as  may  be  prescribed  by  the  legislature  of  the  Territory 
or  State  of  Wisconsin'. 


now 


629.— AX  ACT  for  the  admission  of  the  State  of  Wisconsin  into  the  Union.  May  2g  1948. 
Whereas  the  people  of  the  Territory  of  Wisconsin  did,  on  the  first  VoL  9'  P-  833'- 
iv  of  February,  eighteen  hundred  and  forty-eight,  by  a  convention  Preamble. 

delegates,  called  and  assembled  for  that  purpose,  form  for  themselves 
constitution  and  State  government,  which  said  constitution  is  repub- 
can,aml  said  convention  having  asked  the  admission  of  said  Territory 
it.o  the  Union  as  a  State,  on  an  equal  footing  with  the  original  States : 
Be  it  exacted,  <jY  ,  That  the  State  of  Wisconsin  be,  and  is  hereby,  ad-  state  of  Wia- 
litted  to  be  one  of  the  United  States  of  America,  and  is  hereby  admit-  consin  admitted 

I  into  the  Union  on  an  equal  footing  with  the  original  States,  in  all into  the  Union- 

spects  whatever,  with  the  boundary  prescribed  by  the  act  of  Congress,     Boundaries. 
>proved  August  sixth,  eighteen  hundred  and  forty-six,  entitled  "An 
•t  to  enable  the  people  of  Wisconsin  Territory  to  form  a  constitution 
ad  State  government,  and  for  the  admission  of  such  State  into  the 
In  ion."  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  assent  of  .Congress  is  Assent  of  Con- 
jreby  given  to  the  lirst,  second,  fourth  and  fifth  resolutions  adopted  gress  given  to 
~  said  convention,  and  appended  to  said  constitution  ;  and  the  acts  of  certain  resolu- 


266  WISCONSIN. 

tiona i  of  the  cop-  Congress  referred  to  in  the  said  resolutions  are  hereby  amended,  so  that 
vention  of  said  tne  iand8  granted  by  the  provisions  of  the  several  acts  referred  to  in 
forming  a  consti- tno  8aid  first  and  fourth  resolutions,  and  the  proceeds  of  said  lands, 
tntion,  ami  cer-  and  the  five  per  centum  of  the  net  proceeds  of  the  public  lands  therein- 
tain  acts  of  Con-  mentioned,  shall  be  held  and  disposed  of  by  said  State,  in  the  man- 
fp^™!^^™^"  ner  aud  for  tne  Purposes  recommended  by  said  convention  (&) ;  and  so 
*<"e  l"  that,  also,  the  lands  reserved  to  the  United  States  by  the  provisions 

of  the  act  entitled  "An  act  to  grant  a  quantity  of  land  to  aid  in  the 
improvement  of  the  Fox  and  Wisconsin  rivers,  and  to  connect  the 
same  by  a  canal  in  the  Territory  of  Wisconsin  ; "  (e)  and,  also,  the  even 
numbered  sections  reserved  by  the  provisions  of  the  act  entitled  "An 
act  to  grant  a  quantity  of  land  to  the  Territory  of  Wisconsin,  for  the 
purpose  of  aiding  in  opening  a  canal  to  connect  the  waters  of  Lake 
Michigan  with  those  of  Rock  River,"  (d)  shall  be  offered  for  sale  at  the 
same  minimum  price,  and  subject  to  the  same  rights  of  preemption,  as 
Proviso  .la  to  other  public  lands  of  the  United  States  :  (e)  Provided,  however,  That  no 
pre-emption  person  shall  be  entitled  to  a  preemption  by  reason  of  the  settlement 
and  cultivation  of  any  quarter-section  or  other  subdivision  of  said  even- 
numbered  sections,  which  tract,  before  the  commencement  of  such  set- 
tlement, shall  have  been  claimed  by  any  other  person  cultivating  and 
improving  the  same  in  good  faith,  and  which  shall  have  continued  to 
be  claimed,  cultivated,  and  improved  in  like  good  faith  by  such  person, 
his  representatives  or  assigns,  until  the  sale  of  said  tract,  and  of  which 
said  prior  claim,  cultivation,  and  improvement,  the  person  so  claiming 
pre-emption  shall  have  had  notice  at  the  time  of  his  entry  and  settle- 
ment ;  neither  shall  any  preemption  be  allowed  to  any  tract,  to  the 
injury  of  any  person,  or  of  the  representatives  or  assigns  of  any  person, 
claiming  and  occupying  the  same  or  any  part  thereof  in  good  faith,  in 
his  or  her  right,  at  the  passage  of  this  act,  and  owning  valuable  culti- 
vation or  improvements  thereon,  which  cultivation  or  improvements 
shall  have  been  assigned  by  the  person  so  claiming  preemption,  or,  if 
comrrenced  subsequently  to  the  entry  and  settlement  of  such  person, 
shall  have  been  made  with  his  consent  or  acquiescence.  And  provided 
Certain  \ia\)\\i- further,  That  the  liabilities  incurred  by  the  Territorial  government  of 
^ft10^  M8UP1' 'Wisconsin,  under  the  act  entitled  "An  act  to  grant  a  quantity  of  land 
sin'  to  the  Territory  of  Wisconsin,  for  the  purpose  of  aiding  in  opening  a 
canal  to  connect  the  waters  of  Lake  Michigan  with  those  of  Rock 
River,"  hereinbefore  referred  to,  shall  be  paid  and  discharged  by  the 
State  of  Wisconsin. 

Purchasers   of     SEC.  3.  And  be  it  further  enacted,  That  the  purchasers  of  any  tract  of 
certain  tracts  at  the  said  even-numbered  sections  mentioned  in  the  preceding  section, 
recefre  certifU  ant*  8old  since  tte  reservation  thereof  at  the  minimum  price  of  two  dol- 
cates  of  thelars  and  fifty  cents  per  acre,  shall  be  entitled  to  receive  from  the  Com- 
amountof  excess  missioner  of  the  General  Land  Office  a  certificate  of  the  quantity  of 
paid    over  *i-25  land  so  purchased,  and  of  the  amount  of  the  excess  paid  therefor  over 
shal^be^eceived  and  aDove  tne  value  of  said  land,  at  the  rate  of  one  dollar  and  twenty- 
inpayment  of  the  five  cents  per  acre;  which  certificate,  to  the  amount  of  such  excess, 
public  lands    of  shall  be  receivable  from  the  holder  thereof,  or  his  assigns,  in  like  man- 
theTJnitedStates.  ner  as  so  much  money,  in  payment  of  the  public  lands  of  the  United 
States.    That,  in  the  event  of  the  death  of  any  such  purchaser  before 
the  issuing  of  such  certificate,  the  same  shall  be  issued  in  favor  of  the 
lawful  representatives  of  such  purchaser. 

(a)  See  Xos.  378, 394,  487,  491,  498,  499,  597,  600,  602,  603,  606,  60S,  (513,  623,  624,  626. 
(6)  See  Xos.  609,  619,  622,'  6-26,  634,  640,  661. 

(c)  See  Xos.  623, 631,  639,  643,  650,  671. 

(d)  See  Xos.  610.  626,  661. 

(e)  See  Xos.  389,' 599,  601,  610.  616,  626,  627,  630,  635,  644,  649,  650,  654,  656.  659,  663,  fr 
680.686,694. 


!¥•.  63O.—  AX  ACT  for  changing  the  location  of  the  land  office  in  the  Cbippewa  land 
Marcii  a,  U4J.         district,  and  establishing  an  additional  land  district  in  the  State  of  Wisconsin. 

V  Ol.  H,  p.  oOi. 

fti-  it  enacted,  i»'-c.,  That  from  and  after  the  thirtieth  June  next,  the 
Faift  s°t  rroi? laml  office  for  the  8ale  of  the  Public  lands  in  the  Chippewa  land  district 
Wisconsin  to  be  shall  be  removed  from  the  Falls  of  St.  Croix,  to  Stillwater,  in  the  county 
removed  t<>  still- of  St.  Croix,  in  the  proposed  Territory  of  Minesota;  and  sales  of  the 
water.  public  lands  in  said  district  shall  thereafter  be  held  at  Stillwater,  in  the 

county  aforesaid. 


and 


WISCONSIN.  267 

SEC.  -2.  And  be  it  further  enacted,  That  for  the  sale  of  the  public  lands    Additional  land 

the  Territory  (a)  of  WiscoDsin,  an  additional  land  office  and  laud  dis- 
t  are  hereby  created,  comprising  all  the  lands  not  included  within 
districts  of  land  subject  to  sale  at  Green  Bay,  Milwaukee,  or  Min- 

al  Point,  which  shall  be  called  the  western  land  district.  (&) 

SEC.  3.  And  be  it  further  enacted,  That  the  President  be,  and  he  is     Register  a 

reby,  authorized  to  appoint,  by  and  with  the  advice  and  consent  of  "^JJ5ed  *°th 

he  Senate,  a  register  and  a  receiver  of  the  public  moneys  for  the  said  pj£er8|     duties, 

district,  who  shall  respectively  be  required  to  reside  at  the  siteof  said  office,  and    compensa- 

d  who  shall  have  the  same  powers,  perform  the  same  duties,  and  be  tions. 

tilled  to  the  same  compensation  as  are,  or  may  be,  prescribed  by  law 

relation  to  other  laud  officers  of  the  United  States. 

SEC.  4.  And  be  it  farther  enacted,  That  the  President  is  authorized  to     Lands  in  said 
cause  the  public  lauds  in  the  said  district,  with  the  exemption  of  sec-  district  to  be  ex- 
tions  numbered  sixteen,  in  each  township,  reserved  for  the  use  of  schools,  p06 
or  such  other  lauds  as  may  be  selected  by  law  in  lieu  thereof,  and  of 
such  other  tracts  as  he  may  select  for  military  or  other  purposes,  to  be 
exposed  to  sale  in  the  same  manner,  and  upon  the  same  terms  and  con- 
ditions, as  the  other  public  lands  of  the  United  States.  («) 

SEC.  5.  And  be  it  further  enacted,  That  the  President  is  hereby  author-     President  to 
ized  to  designate  the  site  at  which  the  said  office  shall  be  established,  designate  the  site 
and  to  remove  the  same  to  any  other  place  within  said  district,  when- 
ever, in  his  opinion,  it  may  be  deemed  expedient. 


(a)  See  No.  632. 

(6)  See  Nos.  389,  599,  601,  627,  636,  642,  647,  663. 

(c)  See  Nos.  389,  599,  601,  610,  6lfi,  626,  627,  629,  635,  644,  649,  650,  654,  656,  659,  663,  667,  679 
680,  6f  6,  694. 


- 


o.  631  .—AN  ACT  in  i*elation  to  the  Fox  and  Wisconsin  river  reservation,  in  the     March  2,  1849. 
State  of  Wisconsin.  Vol.  9,  p.  352. 

Me  it  enacted,  cf-c.,  That  all  land  entries  made  in  the  Green  Bay  land     Certain  entries 
district,  in  the  State  of  Wisconsin,  upon  the  odd-numbered  sections  of  of  laud   in  the 
the  Fox  and  Wisconsin  river  reservation,  in  said  State,  subsequent  to  dislrj^^ontir 
the  passage  of  an  act  entitled  "  An  act  to  grant  a  certain  quantity  of  e{\ 
laud  to  aid  in  the  improvement  of  the  Fox  and  Wisconsin  rivers,  aud 
connect  the  same  by  canal,  in  the  Territory  of  Wisconsin,"  approved  on 
the  eighth  day  of  August,  eighteen  hundred  and  forty- six,  be,  and  the 
same  are  hereby,  declared  to  be  good  and  valid  as  though  said  act  had 
not  been  passed :  Provided,  nevertheless,  That  the  governor  of  said  State     Proviso, 
is  hereby  authorized  to  select  the  same  quantity  of  other  lands  in  lieu 
thereof ;  subject,  however,  to  the  approval  01  the  President  of  the  United 
States,  (o) 

SEC.  2.  And  be  it  further  enacted,  That  all  similar  entries  made  upon  Certain  other 
the  even-numbered  sections  of  said  reservations  be  also  declared  to  be  entries  confirm- 
as  good  and  valid  as  though  said  resc  rvation  had  not  been  made. 

(a)  See  Nos.  623,  629,  639,  643,  650,  671. 


i!  b«*2.— A  RESOLUTION  to  nx  the  meaning  of  tbc  second  section  of  an  act  for     March  3,  1849. 
changing  the  location  of  the  land  office  in  the  Chippewa  land  district,  and  establish-      Vol.  9  p.  420. 
ing  an  additional  land  district  in  the  State  of  Wisconsin. 

Hesolved,  cj-o.,  That  the  word  "  Territory,"  in  the  second  section  of  the  The  word 
act  entitled  "  An  act  for  changing  the  location  of  the  land  office  in  the  "  Territory,"  in 
Chippewa  land  district,  and  establishing  an  additional  laud  districtin  the  the  *°}.  her  e^n 
State  of  Wisconsin,"  approved  at  the  present  session  of  Congress,  be  construed  so  as  to 
construed  to  be  and  mean  "  State."  (a)  mean  "  State'.' 

(a)  See  No.  630. 


633. — AN  ACT  to  reduce  the  minimum  price  of  the  mineral  lands  in  the  Lake     Sept  £6,  1850.. 
Superior  district  in  Michigan,  and  in  the  Cbippewa  district  in  Wisconsin.  Vol.  9,  p.  472. 


MICHIGAN,  No.  518.] 


268  WISCONSIN. 

Mav  4,  185-2.       No.  634.— AX  ACT  to  extend  the  time  for  selecting  lands  granted  to  the  State  of 
VoL  10,  p.  5.  Wisconsin  for  saline  purposes. 


Time  for  se-  Be  it  en  acted,  tfc.,  That  the  time  for  selecting  lands  for  saline  purposes, 
lecting  Wiscon-  granted  to  the  State  of  Wisconsin  by  virtue  of  the  fourth  subdivision  of 
8in  ^t  HDdS  tne  sevt*11*11  section  of  an  act  entitled  "An  act  to  enable  the  people  of 


t          t 

l  1854  a  Wisconsin  Territory  to  form  a  constitution  and  State  government,  and 

for  the  admission  of  such  State  into  the  Union,"  approved  the  sixth  day 
of  August,  in  the  year  eighteen  hundred  and  forty-six,  be,  and  the  same 
is  hereby  extended  to  the  first  day  of  January,  in  the  year  eighteen  hun- 
dred and  fifty-four  ;  and  the  laud  so  selected  previous  to  the  day  last 
mentioned,  shall  be  granted  to  said  State  for  the  same  purposes,  on  the 
same  conditions,  and  with  like  effect,  as  if  the  same  had  been  selected 
and  confirmed  within  the  time  limited  by  the  act  above  mentioned,  (a) 

(a)  See  Kos.  62-2,  626,  629,  640. 

Ma^'  27,  1852.     No.  635.—  AX  ACT  to  grant  to  certain  settlers  on  the  Menonionee  purchase,  north 
Vol.  10,  p.  7.  of  Fox  River,  iu  the  State  of  Wisconsin,  the  right  of  preemption. 

Pre-emption     Be  it  enacted,  <J'r.,  That  every  person  being  the  head  of  a  family,  widow, 

rights  in  Meno-  or  single  man  over  the  age  of  twenty-one  years,  who,  on  the  first  day 

monee  purchase  of  june)  eighteen  hundred  and  fifty-two,  shall  be  an  actual  settler  and 

October  1^1848   housekeeper,  .and  have  made  other  improvements,  on  a*iy  tract  within 

the  body  of  lands  ceded  to  the  United  States  by  the  treaty  of  eighteenth 

October,  eighteen  hundred  and  forty-eight,  with  the  Menomonee  tribe 

of  Indians,  is  hereby  entitled  to  the  same  right  of  preemption,  and  upon 

the  same  terms  and  conditions  as  is  prescribed  by  the  act  entitled  "An 

act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and  to 

grant  preemption  rights,"  approved  fourth  September,  eighteen  hun- 

Proriso.  dred  and  forty-one  :  Provided,  That  where  there  shall  be  more  than  one 

such  settler  on  any  quarter-section,  fractional  quarter-section,  or  frac- 

tion of  a  section  less  than  one  huuared  and  sixty  acres,  the  rights  of 

such  settlers,  as  to  the  land  settled  on,  shall  be  the  same  as  those  pre- 

scribed by  the  eighth  section  of  the  act  entitled  "An  act  to  authorize 

the  investigation  of  certain  alleged  frauds  under  the  preemption  laws, 

and  for  other  purposes,"  approved  third  March,  eighteen  hundred  and 

Proviso.  forty-three,  for  setrlers  therein  provided  for:  And  provided  further,  That 

the  preemption  rights  provided  for  in  this  act  shall  attach  only  to  such 

land  as  shall  become  subject  to  sale  at  the  minimum  price  of  one  dollar 

and  twenty-five  cents  an  acre.  («) 

(a)  See  Xos.  3*9,  599,  601,  610,  616,  626,  627,  629,  630,  644.  649,  650,  654,  656,  659,  663,  667.  «.7!», 
680.  686,  694. 


July  30,  1852.      No.  636.— AX  ACT  to  establish  additional  land  districts  in  the  State  of  Wisconsin. 
Be  it  enac  ted,  <V  <-.,  That  so  much  of  the  public  lands  of  the  United  S ; 


Stevens'  Point  in  the  State  of  Wisconsin,  as  lies  within  the  following  boundaries,  to 

land  district  con-  wit : — Commencing  at  the  southwest  corner  of  township  fifteen,  north 

18"  of  range  two,  east  of  the  fourth  principal  meridian,  thence  running  due 

east  to  the  southeast  corner  of  township  fifteen,  north  of  range  eleven, 

east  of  the  fourth  principal  meridian,  thence  north  along  said  range  line 

to  the  north  line  of  the  State  of  Wisconsin,  thence  westerly  along  said 

north  line  to  the  line  between  ranges  one  and  two,  east  of  the  fourth 

principal  meridian,  thence  south  to  the  place  of  beginning,  shall  be 

formed  into  a  new  land  district,  to  be  called  the  Stevens  Point  land 

Provisions  for  district,  and  for  the  sale  of  the  public  lands  within  the  district  hereby 

a  land  office  at  constituted,  a  laud  office  shall  be  established  at  Stevens  Point,  on  the 

Stevens  Point.     \\Ti8Con8ia  River,  as  soou  as  the  public  convenience  may  require  it. 

La  Crosse  land  ^EC.  2  And  be  it  further  enacted,  That  so  much  of  the  public  lands  of 
district cpnstitut-  the  United  States,  in  the  State  of  Wisconsin,  as  lies  within  the  follow- 
ed in  Wisconsin,  ing  boundaries,  to  wit : — Commencing  at  a  point  where  the  line  between 
townships  ten  and  eleven,  north,  touches  the  Mississippi  River,  thence 
due  east  to  the  fourth  principal  meridian,  thence  north  to  the  line  be- 
tween townships  fourteen  and  fifteen,  north,  thence  east  to  the  south- 
east corner  of  township  fifteen,  north  of  range  one,  east  of  the  fourth 
principal  meridian,  thence  north  on  the  range  line  to  the  south  line  of 
township  number  thirty-one,  north,  thence  west  on  the  line  between 
townships  number  thirty  and  thirty-one,  to  the  Chippewa  River,  thence 
down  said  river  to  its  junction  with  the  Mississippi  River,  thence  down 
the  Mississippi  River  to  the  place  of  beginning,  shall  be  formed  into  a 


WISCONSIN.  269 

>w  land  district,  to  be  called  the  La  Crosse  laud  district,  and  for  the     Provision  for  a 
of  the  public  lands  within  the  district  hereby  constituted,  a  land  land  office  at  La 
ice  shall  be  established  at  La  Croese,  on  the  Mississippi  River,  as  soon  CI 
the  public  conveniences  may  require  it. 
SEC.  3.  And  be  it  further  enacted,  That  the  President  is  hereby  author-    Said  land  offices 
ized  to  cause  the  removal  of  either  of  the  offices  created  by  this  act,  to  may  be  removed 
any  other  place  within   said  district,  whenever,  in  his  opinion,  snch bv  tue  Presi(lent- 
removal  may  be  deemed  expedient. 

SEC.  4.  And  be  it  further  enacted,  That  the  President  be,  and  he  is  hereby     Provision     for 
athorized  to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate',  ^e  appointment 
register-and  a  receiver  of  public  moneys  for  each  of  the  said  districts,  °*i(1  Districts. 
'  >  shall  respectively  be  required  to  reside  at  the  site  of  said  office, 
who  shall  have  the  same  powers,  perform  the  same  duties,  and  be 
ititled  to  the  same  compensation  as  are  or  may  be  prescribed  by  law 
relation  to  other  land  officers  of  the  United  States.    And  in  case  it 
11  be  found  necessary  or  expedient  to  establish  said  districts,  or  either 
.  them,  during  the  recess  of  Congress,  the  President  shall  be,  and  he 
hereby  authorized  to  appoint  the  necessary  officers  during  such  recess, 
id  until  the  end  of  the  next  session  of  Congress :  Provided,  however.     Act,   when  to 
it  this  act  shall  not  go  into  effect  until  at  least  six  months  after  its take  effect- 

SEC.  5.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen-     Books,  &c.,  to 
ral  Land  Office  shall  cause  to  be  transferred  to  the  land  offices  hereby  be  transferred  to 
seated,  all  such  books,  maps,  records,  field-notes,  and  plats,  or  tran-  Oftfcesliew- 
sripts  thereof,  relating  to  the  surveys  and  entries  of  the  public  lands 
in  the  districts  hereby  created,  as  may  be  necessary  for  the  sale  of  the 
mblic  lands,  in  compliance  with  the  provisions  of  this  act.  (a) 

(a)  See  Nos.  389,  599,  601, 627,  630,  642, 647, 663. 


No.  637 .—AN  ACT  for  the  relief  of  John  W.  Quinney,  a  Stockbridge  Indian.  Jan.  27,  1853. 

Be  it  enacted,  $-c.,  That  in  lieu  of  all  the  rights  of  John  W.  Quinney 
the  lands  and  annuities  of  the  Stockbridge  tribe  of  Indians,  and  in     Payment  to  be 
annuities,  money,  or  land  to  which  said  Indians  now  are  or  may  ™^  Ouinnev  out 
sreafter  be  entitled  under  existing  treaties,  there  sho.ll  be  paid  to  the  Of '  moneys  due 
kid  John  W.  Quinney,  out  of  the  moneys  now  due  and  payable  to  thd  t  he     Stock- 
tid  Stockbridge  tribe  of  Indians,  the  sum  of  one  thousand  dollars,  or  bridges, 
much  more  or  less  than  that  sum  as  shall  be  declared  to  be  just  and 
oper  by  the  chiefs  and  head  men  of  said  Stockbridge  tribe ;  and  there 
hall  also  be  granted  to  the  said  John  W.  Quinney,  in  fee-simple,  and  to     A  parcel  of 
iis  heirs  and  assigns  forever,  the  tract  or  parcel  of  land  now  in  the  pos-  ^ntl  Sranted  to 
-sssion  and  occupancy  of  the  said  John  W.  Quinney,  in  Stockbridge,  in        ' 
le  State  of  Wisconsin,  and  bounded  and  described  as  follows,  to  wit: 
ninded  on  the  north  by  lot  number  thirty-three,  recommended  to  be 
ttented  to  Mr.  Dinslow,  in  the  Stockbridge  treaty  of  November  twenty- 
mrth,  eighteen  hundred  and  forty-eight,  and  the  United  States  lot 
mmbered    seventy-four;    south  by  lots  numbered  thirty-seven  and 
jventy,  recommended  to  be  patented  to  Mr.  John  Dick ;  east  by  the 
lilitary  road  (so  called)  passing  through  the  town  of  Stockbridge,  and 
est  by  the  Winnebago  Lake— containing  three  hundred  and  sixty 
jres  of  land,  more  or  less ;  and  it  shall  be  the  duty  of  the  Commissioner 
of  the  General  Land  Office  to  cause  the  said  piece  of  land  to  be  surveyed, 
and  to  issue  to  the  said  John  W.  Quinney  a  patent  therefor,  in  accord- 
ance with  such  survey. 

No.  638.— AN  ACT  to  confirm  to  Hercnles  L.  Dousman  his  title  to  farm-lot  number     Feb  23  1854 
thirty-two,  adjoining  the  town  of  Prairie  du  Chien,  in  the  State  of  Wisconsin.  Vol.  10,  p.  774. 

Be  it  enacted,  $c.,  That  the  title  of  Hercules  L.  Dousman  to  farm-lot     Hercules~L. 
number  thirty-two,  adjoining  the  town  of  Prairie  du  Chien,  in  the  State  Dousman'a  farm- 
of  Wisconsin,  supposed  to  contain  one  hundred  and  thirty  acres,  more lot  confirmed. 
or  less,  be,  and   the  same  is  hereby,  confirmed,  and  that  a  patent  shall 
issue  therefor,  as  in  other  cases  :  Provided,  That  this  is  only  to  operate     Proviso  •.  oper- 
as a  relinquishment  on  the  part  of  the  United  Stares  of  her  title  to  said  ationsof  this  act, 
laml.  (a) 

(a)  See  Xos.  4fi4,  4fi<;,  5!)r>,  596,  645,  646,  652,  655,  670,  690. 


270  WISCONSIN. 

Augusts,  1854.  No.  639.— AX  ACT  to  authorize  the  State  of  Wisconsin  to  select  the  residue  of  the 
Vol.  18,  p.  345.      lands  to  which  she  is  entitled  under  the  act  of  eighth  of  August,  eighteen  hundred 
—     and  forty-six,  for  the  improvement  of  the  Fox  and  Wisconsin  rivers. 


Selection  of  the     Be  it  enacted,   #c.,   That  the  governor  of  the  State  of  Wisconsin  is 
balance  of  land  hereby  authorized  to  cause  to  be  selected  the  balance  of  the  land  to 
granted  by  act  of  wnicn  that  State  is  entitled  under  the  provisions  of  the  act  of  the  eighth 
of  August,  eighteen  hundred  and  forty -six,  granting  land  to  aid  the  Ter- 
ritory of  Wisconsin  in  the  improvement  of  the  Fox  and  Wisconsin 
rivers,  and  to  connect  the  same  by  a  canal,  out  of  any  of  the  unsold 
public  lands  in  said  State,  subject  to  private  entry  at  one  dollar  and 
twenty-five  cents  per  acre,  and  not  claimed  by  preemption  ;  the  quan- 
tity to  be  ascertained  upon  the  principles  which  governed  the  final  ad- 
justment of  the  grant  to  the  State  of  Indiana  for  the  Wabash  and  Erie 
Canal,  under  the  provisions  of  the  act  of  Congress  approved  the  ninth 
of  May,  eighteen  hundred  and  forty-eight,  (a) 
(a)  See  Nos.  623,  629,  631,  643,  650,  671. 


Dec.  15,  1-54.     ^o.  640.— AN  ACT  to  relinquish  to  the  State  of  Wisconsin  the  lands  reserved  for 
Vol.  10,  p.  597.  salt  springs  therein . 


Seventy  -t  wo  ^e  it  enacted,  $•<:.,  That  in  lieu  of  the  "twelve  salt  springs,  with  sir 
sections  may  be  sections  of  land  adjoining  to  each,"  heretofore  granted  to  the  State  of 
selected  in  lieu  Wisconsin  for  its  use  by  the  fourth  clause  of  the  seventh  section  of  the 
b  v  aet'of  f  e?6  act  entitJed  "An  act  to  enable  the  people  of  Wisconsin  Territory  to  form  a 
constitution  and  State  government,  and  for  the  admission  of  such  State 
into  the  Union,"  approved  the  sixth  day  of  August,  in  the  year  eighteen 
hundred  and  fort  -six  there  be  and  hereby  is  granted  to  the  said  State 
of  Wisconsin,  (a,  to  be  selected  by  the  legislature  of  said  State  out  of 
any  public  land  subject  to  private  entry,  and  to  be  sold  in  such  manner 
as  the  legislature  may  direct,  for  the  benefit  and  in  aid  of  the  uni- 
versity of  said  State,  and  for  no  other  purpose  whatever,  seventy-two 
sections  of  laud:  Provided,  That  any  selections  of  land  heretofore  made 
under  the  act  entitled  "An  act  to  extend  the  time  for  selecting  land 
granted  to  the  State  of  Wisconsin  for  saline  purposes,"  approved  the 
fourth  day  of  May,  eighteen  hundred  and  fifty-two,  and  which  shall  not 
have  been  sold  by  the  Unite  1  States,  and  is  not  legally  claimed  by  pre- 
emption, or  otherwise,  shall  be,  and  hereby  are  granted  and  confirmed 
to  said  State  for  the  use  of  the  university  of  said  State,  as  a  part  of  the 
seventy  -two  sections  hereby  granted.  (6) 

(a)  See  Xos.  622,  626,  629,  634. 

(b)  See  Xos.  609,  622,  626,  629. 

Dec.  19,  1854.     jvo.  641.—  AX  ACT  to  provide  for  the  extinguishment  of  the  title  of  the  Chippewa 

Vol.  10,  p.  598.        Indians  to  the  lands,  owned  and  claimed  by  them  in  the  Ten  itory  of  Minnesota,  and 

State  of  Wisconsin,  and  for  their  domestication  and  civilization. 

[.See  MINNESOTA,  No.  1846.] 

Feb.  24,  1855.        No.  642  __  AX  ACT  to  establish  an  additional  land  district  in  the  State  of  Wis- 
VoL  10,  p.  615.  consin. 

Food  du    Lac     Be  it  enacted,  <fc.,  That  all  that  part  of  the  present  Willow  River  land 

laud  district  con-  district,  in  the  State  of  Wisconsin,  lying  north  of  the  line  dividing  towu- 

stituted  in  Wis-  ships  forty  and  forty-one,  (or  fourth  correction  line),  be,  and  the  same 

<-'on-->iIJ-  is  hereby,  'created  a  "land  district,  to  be  called  the  Fond  du  Lac  district; 

the  office  for  which  shall  be  located  at  such  place  therein  as  the  Presi- 

dent may,  from  time  to  time,  direct. 

IU.-gi.ster  and     SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  appointed  by  the 
receiver.  President,  by  and  with  the  advice  and  consent  of  the  Senate,  a  register 

and  a  receiver  for  said  district,  who  shall  respectively  be  required  to 
reside  at  the  site  of  the  office,  be  subject  to  the  same  laws,  and  entitled 
to  the  same  compensation,  as  is,  or  may  hereafter  be,  prescribed  by  law 
in  relation  to  other  land  offices  of  the  United  States. 


le.s    to  con-      gEc  3.  And  be  it  further  enacted,  That  the  sales  shall  continue  at  the 
tinue  in  old  dis-  willow  River  district  till  the  land  officers  for  that  district  are  notified 
i*  in  operation      that  the  officers  for  the  district  created  by  this  act  are  prepared  to  enter 
saiariesof  land  on  their  duties;  and  in  all  cases  hereafter  the  salaries  of  laud  officers 
shall  commence  only  from  the  time  they  enter  on  the  discharge  of  their 
duties,  (a) 

(a)See  Xos.  389,  599,  601,  627,  630,  636,  647.  663. 


WISCONSIN.  271 

>.  643.— A  RESOLUTION  explanatory  of  an  act  passed  August  third,  eighteen     March  3,  1855. 
hundred  and  fifty-four.  Vol.  10,  p.  724. 

Boohed,  $c.,  That  it  was  the  intention  of  the  act  of  Congress,  ap-  Constructionof 
A  roved  August  third,  eighteen  hundred  and  fifty-four,  and  the  same  act  of  1854,  res_ 
shall  be  construed,  to  give  to  Wisconsin,  in  aid  of  the  improvement  of  p€ 
the  navigation  of  the  Fox  and  Wisconsin  rivers,  a  quantity  of  land, 
equal  mile  for  mile  of  its  improvement  to  that  granted  to  Indiana,  under 
the  provisions  of  the  act  of  Congress  approved  May  the  ninth,  eighteen 
"lundred  and  forty-eight.  («) 

(a)  See  Nos.  623,  629,  631.  639,  650,  671. 


644.— AN  ACT  granting  public  lands  to  the  State  of  Wisconsin  to  aid  in  the     June  3,  1856. 
construction  of  railroads  iu  said  State.  Vol.  n,  p.  26. 

Be  it  enacted,  <jr.,  That  there  be,  and  is  hereby,  granted  to  the  State     Grant  of  land 
of  Wisconsin  for  the  purpose  of  aiding  in  the  construction  of  a  railroad  to  Wisconsin  for 
from  Madison,  or  Columbus,  by  the  way  of  Portage  City  to  the  St.  Croix  railroads. 
River  or  Lake  between  townships  twenty- five  and  thirty-one,  and  from 
thence  to  the  west  end  of  Lake  Superior;  and  to  Bay  field;  and  also 
from  Fond  du  Lac  on  Lake  Winnebago,  northerly  to  the  State  line, 
every  alternate  section  of  land  designated  by  odd  numbers  for  six  sec- 
tions in  width  on  each  side  of  said  roads  respectively.    But  in  case  it     Grant  in  lieu  of 
shall  appear  that  the  United  States  have,  when  the  lines  or  routes  of  sections  sold  or 
said  roads  are  definitely  fixed,  sold  any  sections  or  parts  thereof  granted  pre-empted. 
as  aforesaid,  or  that  the  right  of  pre-emption  has  attached  to  the  same, 
then  it  shall  be  lawful  for  any  agent  or  agents,  to  be  appointed  by  the 
governor  of  said  State,  to  select,  subject  to  the  approval  of  the  Secretary 
of  the  Interior,  from  the  lands  of  the  United  States  nearest  to  the  tier 
of  sections  above  specified,  so  much  land  in  alternate  sections,  or  parts  of 
sections,  as  shall  be  equal  to  such  lands  as  the  United  States  have  sold 
or  otherwise  appropriated,  or  to  which  the  right  of  pre-emption  has 
attached,  as  aforesaid,  which  lands  (thus  selected  in  lieu  of  those  sold  and 
to  which  pre-emption  has  attached  as  aforesaid,  together  with  the  sec- 
tions and  parts  of  sections  designated  by  odd  numbers  as  aforesaid,  and 


in  each  case,  and  selected  for  and  on  account  of  said  roads :  Provided 

further,  That  the  lands  hereby  granted  shall  be  exclusively  applied  in  the     Grant ,  how  ap 

constructiou  of  that  road  for  which  i  t  was  granted  and  selected,  and  shall  Plied- 

be  disposed  of  only  as  the  work  progresses,  and  the  same  shall  be  applied 

to  no  other  purpose  whatsoever :    And  provided  further,  That  any  and  all     Act  not  to  ap- 

lands  reserved  to  the  United  States  by  any  act' of  Congress  for  the  pur-  ply    to    reserva- 

pose  of  aiding  in  any  object  of  internal  improvement,  or  in  any  manner  \*ou^}  ®xc.6Pt  as 

for  any  purpose  whatsoever,  be,  and  the  same  are  hereby,  reserved  to     Mg 

the  United  States  from  the  operation  of  this  act,  except  so  far  as  it  may 

be  found  necessary  to  locate  the  route  of  said  railroads  through  such 

reserved  lands,  in  which  case  the  right  of  way  only  shall  be  granted, 

subject  to  the  approval  of  the  President  of  the  United  States,  (a) 

SEC.  2.  And  le  it  further  enacted,  That  the  sections  and  parts  of  sec-     Price  of  alter - 
tions  of  land  which,  by  such  grant,  shall  remain  to  the  United  States,  nate    sections 
within  six  miles  on  each  side  of  said  roads,  shall  not  be  sold  for  less  than  doubled- 
double  the  minimum  price  of  the  public  lands  when  sold ;  nor  shall  any 
of  said  lands  become  subject  to  private  entry  until  the  same  have  been 
first  offered  at  public  sale  at  the  increased  price.  (&) 

SEC.  3.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted  Object  of  grant. 
to  said  State  shall  be  subject  to  the  disposal  of  the  legislature  thereof,  for 
the  purposes  aforesaid,  and  no  other ;  and  the  said  railroads  shall  be  and  Railroads  to  be 
remain  public  highways  for  the  use  of  the  Government  of  the  United  public  highways 
States  free  from  toll  or  other  charge  upon  the  transportation  of  property  *or  Government. 
or  troops  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to     Lauds,  how  dis- 
tid  State  shall  be  disposed  of  by  said  State  only  in  manner  following,  P°sed  ot- 
lat  is  to  say :  that  a  quantity  of  laud  not  exceeding  one  hundred  and 
venty  sections,  and  included  within  a  continuous  length  of  twenty  miles 
roads,  respectively,  may  be  sold ;  and  when  the  governor  of  said  State 
lall  certify  to  the  Secretary  of  the  Interior  that  any  twenty  continuous 
liles  of  either  of  said  roads  are  completed,  then  another  like  quantity 
*  laud  hereby  granted  may  be  sold ;  and  so  from  time  to  time  until  said 


272  WISCONSIN. 

roads  are  completed ;  and  if  said  roads  are  not  completed  within  ten 
years,  no  further  sales  shall  be  made,  and  the  land  unsold  shall  revert 
to  the  United  States. 

Transportation  SEC.  5.  And  be  it  further  enacted,  That  the  United  States  mail  shall  be 
transported  over  said  roads,  under  the  direction  of  the  Post- Office  De- 
partment, at  such  price  as  Congress  may,  by  law*,  direct :  Pror-ided,  Thar 
until  such  price  is  fixed  by  law,  the  Postmaster-General  shall  have  the 
power  to  determine  the  same. 

(a)  See  Xos.  544,  654,  658,  659,  662,  666,  672,  675, 676, 681,  685.  G89,  692,  695. 
(6)  See  ]STos.  389,  599,  601,  610,  G16,  636.  627,  629,  630,  635,  649.  650,  654,  656,  659,  663,  667 
679,  680,  68ri,  694. 


$3f: 


.  11,1656.     No.  645.— AX  ACT  to  confirm  to  certain  persons  therein  named,  their  titles  to 
Vol.  11,  p.  33.  certain  lots  in  Prairte  du  Ohien,  Wisconsin. 


Certain  farm      Be  it  enacted,  tjrc.,  That  all  those  farm  and  village  lots  at  Prairie  du 

and  village  lots  Chien,  in  the  State  of  Wisconsin,  as  designated  upon  the  plat  of  the 

Chien  confirmed  Private  land  claims  at  said  place,  in  volume  four  of  the  public  lands 

'  American  State  Papers,  which  plat  was  made  in  the  year  of  our  Lord 

eighteen  hundred  and  twenty,  by  Isaac  Lee,  esquire,  the  agent  appointed 

by  the  commissioners  to  adjust  land  titles  at  Green  Bay  and  Prairie  du 

Chien,  which  have  not  heretofore  been  confirmed  and  patented  to  the 

claimants,  are  hereby  confirmed  unto  the  several  persons  named  upon 

said  plat  and  the  report  of  said  Lee,  and  to  their  assigns  and  legal 

representatives,  and  village  lots  numbers  six,  ten,  and  eleven,  in  the 

main  village,  as  designated  upon  said  plat,  are  hereby  confirmed  to 

Hercules  L.  Dousman,  and  lot  number  nine,  in  said  village,  to  Edward 

W.  Pelton ;  and  patents  to  the  lots  hereby  confirmed,  shall  issue  to  such 

persons  as  now  own,  or  as  shall  have  the  right  to  the  same  :  Provided, 

Thiscomtirma-  That  the  confirmation  hereby  made  shall  not  interfere  with  any  hereto- 

tion  to  be  only  a  fore  made,  and  that  such  confirmation  shall  only  operate  as  a  relinquish- 

3  title  menfc  of  tit.le  on  the  Part  of  the  u.nited  States,  and  shall  in  no  manner 

interfere  with  any  valid  adverse  right  of  any  persons,  if  such  exist,  to 
the  same  land,  (a) 

(a)  See  Nns.  464.  4fiO.  595,  f»tf«.  Gte,  640,  652,  655,  i!70,  6W. 


Aug.  18,  1856.  ^o.  646 — AN  ACT  for  the  relief  of  Talbot  U.  Dousman. 

Lie  it  t'nactcd,  «Vr.,  That  the  title  of  Talbot  C.  Dousinan,  the  assignee 


Title  of  Talbot  of  James  Vieaux,  to  a  certain  tract  of  land  at  Green  Bay,  Wisconsin, 

.  Dousman  to  confirmed  to  said  Vieaux  by  the  commissioners  appointed  under  the 
GreenBay  Wis  acfc  of  Congress>  approved  February  twenty-one,  eighteen  hundred  and 
confirmed.  twenty-three,  entitled  "An  act  to  revive  and  continue  in  force  certain 

acts  for  the  adjustment  of  land  claims  in  the  Territory  of  Michigan/' 
and  which  is  described  as  follows  :  commencing  at  low  water-mark  on 
Fox  River,  and  running  west  eighty  arpents,  and  bounded  on  the  north 
by  a  certain  tract  occupied  by  the  United  States  garrison,  west  by  wild 
lands,  south  by  a  tract  of  laud  claimed  by  John  Baptiste  Longevine, 
senior,  and  east  by  Fox  River,  being  five  arpeuts  in  breadth,  more  or 
less,  be,  and  the  same  is  hereby  confirmed  to  the  said  Talbot  C.  Dous- 
man ;  and  that  the  Commissioner  of  the  General  Land  Office  cause  the 

Survey.  said  tract  of  land  to  be  surveyed  in  the  same  manner  as  other  private 

claims  to  lands  at  Green  Bay  have  been  surveyed ;  and  that  he  be 

Patent.  required  to  issue  a  patent  thereon  to  and  in  the  name  of  the  said  Talbot 

C.  Dousman,  as  the  assignee  of  the  said  James  Vieaux,  as  in  other  cases, 
and  according  to  the  provisions  of  the  fifth  section  of  the  .said  act  of 
eighteen  hundred  and  twenty-three.  («) 

(a)  See  Nos.  4(14.  4fiii.  .V.T..  .V.u;.  G:»,  C45,  652.  655,  670,  690. 


March  3,  18*57.    No.  64*  •— A'X  ACT  to  establish  an  additional  laud  district  in  the  Stateof  Wisconsin 
Vol.  11,  p.  185.       ge  i(  etiact(,(jt  j.(.  (  -phat  so  much  of  the  districts  of  lands  now  subject 
Chippewa  land  to  sale  at  La  Crosse  and  Hudson,  in  the  State  of  Wisconsin,  as  are  con- 
district     consti-  taiued  within  the  following  boundaries,  shall  constitute  a  new  land 
district,  to  be  called  the  Chippewa  district,  to  wit :  north  of  the  line 
dividing  townships  twenty-four  and  twenty- five  north ;  south  of  the 
line  dividing  townships  forty  and  forty-one  north ;  west  of  the  line 


tne 
ing 


WISCONSIN.  273 

I 

vidiug  ranges  one  and  two  east,  and  east  of  the  line  dividing  ranges 
ven  and  twelve  west;  the  location  of  the  office  for  which  shall  be 
signaled  by  the  President  of  the  United  States,  and  shall  by  him 
m  time  to  time  be  changed  as  the  public  interest  may  seem  to  require. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  appointed  by  the     Officers  there- 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  or  during  of- 
the  recess  thereof  and  until  the  end  of  its  next  session  after  such 
appointment,  a  register  and  receiver  for  said  district,  who  shall  respec- 
tively be  required  to  reside  at  the  site  of  the  office,  be  subject  to  the 
same  laws,  and  entitled  to  the  same  compensation  as  is  or  may  hereafter 
be  prescribed  by  law  in  relation  to  other  land  officers  of  the  United 
States. 

SEC.  3.  And  be  it  further  enacted,  That  the  sales  shall  continue  at  the     Sales    to   con- 
old  land  offices  at  La  Crosse  and  Hudson  till  the  registers  and  receivers  tinue  at  old  offi- 
thereat  are  notified  that  the  officers  for  the  district  created  by  this  act  ce8  ttu'  &c> 
prepared  to  enter  on  their  duties. 

SEC.  4.  And  be  it  further  enacted,  That  to  meet  the  expenses  of  carry-     Appropriation. 

g  this  act  icto  effect,  the  sum  of  five  thousand  dollars,  or  as  much 
thereof  as  may  be  necessary,  is  hereby  appropriated  for  salaries,  com- 
missions and  incidental  expenses  of  the  offices  of  the  register  and  re- 
ceiver, to  be  expended  under  the  direction  of  the  Commissioner  of  the 
General  Land  Office,  (a) 

(a)  See  Nos.  389,  599,  601,  627,  630,  636,  642,  663. 


648.— AN  ACT  to  confirm  to  Charles  Waterman  his  title  to  certain  lots  in  Mil-     March  3  1857 
waukte,  Wisconsin.  Vol.  11.  p.  515. 

Be  it  enacted,  #c.,  That  the  title  of  Charles  Waterman  to  lots  numbered     Land  title   in 
one  and  two,  in  block  numbered  ninety-eight,  in  the  third  ward  of  the  Milwaukee,  con- 
city  of  Milwaukee,  in  the  State  of  Wisconsin,  extending  to  Lake  Michi-  firmed  to  Charles 
gan,  formerly  occupied  by  the  United  States  light-house  keeper,  be  and  Waterman. 
the  same  is  hereby  confirmed,  and  that  a  patent  shall  issue  therefor  as 
in  other  cases :  Provided,  That  this  confirmation  shall  only  operate  as  a     Act  to  operate 
relinquishment  of  title  on  the  part  of  the  United  States,  and  shall  in  no  only  as  a  reliu- 
way  affect  the  rights  of  third  parties.  quishment. 


649.— AN  ACT  for  the  relief  of  Isaac  Drew  and  other  settlers  upon  the  public     May  24, 1858. 
lands  in  the  State  of  Wisconsin.  !    Vol.  11,  p.  293. 

Be  it  enacted,  $-0.,  That  Isaac  Drew,  and  such  other  persons  as  may     Settlers,     &c 
have  settled,  in  good  faith,  in  the  State  of  Wisconsin,  since  the  first  day  sj^ce  Julyl,l850, 
of  July,  eighteen  hundred  and  fifty,  upon  any  portion  of  the  lands  that  selected byStat/ 
were  erroneously  selected  by  said  State  as  a  part  of  the  five  hundred  entitled   to  pre- 
thousand  acre  grant,  which  selections  were  not  confirmed,  and  who  were  emption. 
at  that  date,  or  since  that  time  have  become,  an  actual  settler  and  house- 
keeper, and  made  improvements  on  any  tract  embraced  among  said  erro- 
neous selections,  are  hereby  entitled  to  the  same  right  of  preemption,  and 
upon  the  same  terms  and  conditions,  as  are  prescribed  by  an  act  entitled 
"An  act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands  an< I 
grant  preemption  rights,"  approved  September  fourteenth,   [fourth,] 
eighteen  hundred  and  forty-one :  Provided,  such  lands  shall  be  paid  for     Proviso 
by  such  settlers  at  the  minimum  price. 

SEC.  2.  And  be  it  further  enacted,  That  where  persons  have  erroneously    Persons     who 
entered  any  of  the  lands  named  in  the  first  section  of  this  act,  and  shall  have  wrongly  en- 
satisfactorily  show  to  the  register  and  receiver  that,  prior  to,  or  within  ter_ed,    &c     and 
three  months  after,  the  passage  of  this  act,  they  have  made  an  actual  SwSmSJ*1 
settlement  on  the  lands  mentioned  in  the  first  section,  the  Commissioner 
of  the  General  Land  Office  is  hereby  authorized  to  issue  patents  there- 
for :  Provided,  That  it  shall  be  satisfactorily  made  to  appear  to  him  that    Proviso, 
the  entry  of  the  tract  or  tracts  sought  to  be  patented  does  not  interfere 
with  the  rights  or  occupancy  of  any  actual  settler,  (a) 

(a)  Seo  Nos.  389,  599,  601,  610,  616,  626,  627,  629,  C30,  635,  644,  650,  654,  656,  659,  663,  667,  679, 
680,  68(5,  694. 

18  L  O — VOL.  II 


274  WISCONSIN. 

June  9,  1858.      No.  650.— AX  ACT  for  the  relief  of  certain  settlers  on  the  public  lands  in  the  State 
Vol.  11.  p.  313.  of  Wisconsin. 

Certain    selec-      Be  **  enacted,  $c.,  That  so  much  of  the  even- numbered  sections  of  land 
tlons  of  land  un-  selected  by  the  State  of  Wisconsin  in  the  mouth  of  June,  in  the  year 
der  act  of   1846  eighteen  hundred  and  forty-nine,  to  satisfy  the  quantity  of  land  dne 
confirmed     to  gai(1  gate  uncier  the  act  of  Congress  of  August  eighth,  eighteen  hundred 
and  forty- six,  granting  land  in  aid  of  the  improvement  of  the  Fox  and 
Wisconsin  rivers,  as  have  been  sold,  or  contracted  to  be  sold,  by  said 
State  or  its  assigns,  under  the  laws  thereof,  are  hereby  confirmed  to  said 
State,  as  parts  of  said  grant,  and  the  title  of  the  purchasers  declared  to 
be  valid  as  though  the  said  selections  had  been  made  in  conformity  with 
law  :  Provided,  That  nothing  contained  in  this  act  shall  be  construed  to 
increase  the  quantity  of  land  to  which  the  Stare  is  entitled  under  the 
Further     pro-  grant  aforesaid :  And  provided  further,  That  a  schedule,  duly  certify  [cer- 
tified] by  the  governor,  of  the  lands  sold  and  contracted  for  to  be  sold, 
prior  to  the  passage  of  this  act,  shall  be  filed  in  the  General  Land  Office 
within  six  months  from  the  date  of  this  act.  (a) 

Certain    per-      SEC.  2.  And  be  it  further  enacted,  That  every  person  being  the  head 
sons  entitled  to  of  a  family,  widow,  or  single  man  over  the  age  of  twenty-one  years,  who, 
einption.         on  the  eieventh  day  of  June,  in  the  year  eighteen  hundred  and  forty- 
nine,  was,  or  since  that  time  has  become,  an  actual  settler  and  house- 
keeper, and  has  made  other  improvements  on  any  tract  embraced  in  said 
even-numbered  section  selection,  which  the  State  of  Wisconsin  or  its 
assigns  has  not  sold  or  contracted  to  sell,  is  hereby  entitled  to  the  same 
right  of  preemption,  and  upon  the  same  terms  and  conditions,  as  )'s 
prescribed  by  an  act  entitled  "An  act  to  appropriate  the  proceeds  of  the 
Proviso.  gales  of  the  public  lands  and  to  grant  preemption  rights,"  approved 

September  fourth,  in  the  year  eighteen  hundred  and  forty-one :  Provided, 
That  this  act  shall  not  be  construed  to  convey  to  Wisconsin  any  parts 
or  portions  of  said  even-numbered  section  selections  which  said  State 
or  its  assigns  have  not  actually  sold  or  contracted  to  sell,  and  the  title 
to  which  is  not  confirmed  by  the  first  section  of  this  act.  (&) 

(a)  See  Xos.  623, 629, 631, 639, 643,  671. 

(&)  See  Nos.  389,  599,  601,  610,  616,  626,  627,  fi29,  630,  635,  644,  649,  654,  656,  059,  663,  667, 
679,  680,  686,  694. 


June  1,  1860.      No.  651.— AX  ACT  authorizing  the  li  Domestic  and  Foreign  Missionary  Society  of 
Vol.  12,  p.  22.        the  Protestant  Episcopal  Chxirch  in  the  United  States  "  to  enter  a  certain  tract  of 

land  in  the  State  of  Wisconsin. 

The  '•  Mission      g€  it  enacted,  tyr>?  That  the  "Domestic  and  Foreign  Missionary  Society 

entered   at  $1.25  "*'  the  Protestant  Episcopal  Church  in  the  United  States"  be,  and  is 

per  acre.  hereby,  authorized  to  enter,  at  the  rate  of  one  dollar  and  twenty-five 

ctjnts  per  acre,  a  cei tain  tract  of  land  known  as  the ''Mission  Farm," 

jind  numbered  as  lot  number  eighteen,  on  the  east  bank  of  Fox  Kiver, 

i:»  ar  Green  Bay,  State  of  Wisconsin,  having  a  front  on  Fox  River  of  six 

c-Lains,  and  running  eaLtwardly  back  from  the  river,  between  parallel 

IILCS,  one  hundred  and  fk'ty-ionr  and  sixty-nine  hundredths  chains,  and 

containing  ninety-two  and  eighty-one  hundredths  superficial  acres. 


June  13,  1860.  No.  652.— AX  ACT  for  the  relief  of  Francis  La  von  ture  and  Pierre  Grignon. 

Vol.  12,  p.  857.       j>€  it  €nacte(i t  4c,  That  the  titles  to  certain  tracts  of  land  at  Green 
Land  titles  of  Bay.  Wisconsin,  confirmed  to  Francis  Lavouture  and  Pierre  Grignon  by 
Francis    Lavon-  tb»-  commissioners  appointed  under  the  act  of  Congress,  approved  Feb- 
ture  and  Pierre  rnnry  twenty-one,  eighteen  hundred  and  twenty-three,  entitled  "An  act 
-  t(>  ,  t:vjve  and  continue  in  force  certain  acts  for  the  adjustment  of  land 
ebiitns  in  the  Territory  of  Michigan,"  and  which  are  described  as  fol- 
lows: To  Francis  Lavouture,  "commencing  at  low-water  mark  <;:i  Fox 
Kner,  and  running  west  eighty  arpens,  or  so  far  as  to  make  said  claim 
contain  six  hundred  and  forty  acres,  (as  confirmed  by  said  commission- 
ers,) and  bounded  on  the  south  by  a  certain  tract  occupied  by  the  United 
States  garrison,  west  and  north  by  wild  or  uncultivated  lands,  and  east 
by  Fox  River,  being  sixteen  arpens  in  breadth ;"  and  to  Pierre  Grignon 
for  a  piece  or  parcel  of  ground  lying  and  being  on  the  west  side  of  Fox 
River,  Green  Bay,  immediately  below  the  first  creek  that  empties  into 
said  river,  about  fifteen   acres  in  fronton  the  said  river,  and  extending 
back  indefinitely,  be,  and  the  same  are  hereby,  ratified  and  confirmed  ; 
and  that  the,  Commissioner  of  the  General  Land  Office  cause  the  said 
tracts  of  land  to  he  surveyed  in  the  same  manner  as  other  private  claims 


WISCONSIN.  275 

to  lands  in  Green  Bay  have  been  surveyed ;  and  that  he  be  required  to 
issue  patents  thereon  to  and  in  the  names  of  the  aforesaid  Francis 
Lavonture  and  Pierre  Grignon,  respectively,  subject  to  such  legal  trans- 
fers or  assignments  as  may  have  been  made  by  them,  or  either  of  them, 
or  their  heirs  or  legal  representatives,  at  any  time  subsequent  to  the 
confirmation  to  them,  respectively,  by  the  said  Commissioner,  accord- 
ing to  the  fifth  section  of  the  said  act  of  eighteen  hundred  and  twenty- 
three,  (a) 
(a)  See  Nos.  464,  466,  595, 596, 638, 645, 646,  655,  670, 690. 


TVo.  653.— AN  ACT  for  the  relief  of  Sylvester  Gray.  June  22,  1860. 

Be  it  enacted,  #c.,  That  the  claim  of  Sylvester  Gray,  a  free  man  of  color,    YoL  12' p'  869' 
made  under  the  preemption  act  of  September  fourth,  eighteen  hundred     Land  claim  of 
and  forty-one,  to  the  northwest  quarter  of  section  fourteen,  in  township  Sylvester     Gray 
forty-eight,  of  range  thirteen,  of  the  lands  of  the  United  States  subject allowefl- 
to  sale  at  the  land  office  at  Superior,   Wisconsin,  be,  and  the  same  is 
hereby  confirmed  ;  and  upon  completion  of  such  claim,  by  payment  of 
the  purchase-money,  or  the  location  of  a  bounty-land  warrant,  the  Sec- 
retary of  the  Interior  shall  cause  to  be  issued  to  the  said  Sylvester  Gray, 
a  patent  for  the  said  land,  as  in  other  cases. 


No.  654.— A  RESOLUTION  explanatory  of  and  in  addition  to  the  act  of  June  third,  April  25,  1862. 
eighteen  hundred  and  fifty-six,  granting  public  lands  to  the  State  of  Wisconsin  to  Vol.  12,  p.  618. 
aid  in  the  construction  of  railroads  in  said  State.  

Resolved,  <fc.,  That  the  word  ''northerly,"  in  the  first  section  of  the     Construction 
act  entitled  "An  act  granting  public  lauds  to  the  State  of  Wisconsin  of  word  "north- 
to  aid  in  the  construction  of  railroads  in  said  State,"  approved  June  erly 
third,  eighteen  hundred  and  fifty-six,  shall,  without  forfeiture  to  said 
State  or  its  assigns  of  any  rights  or  benefits  under  said  act,  or  exemp- 
tion from  any  of  the  conditions  or  obligations  imposed  thereby,  be  con- 
strued to  authorize  the  location  of  the  line  of  railroad  in  said  first  sec- 
tion provided  for,  upon  any  eligible  route  within  ranges  sixteen  to 
twenty-three,  inclusive,  east  of  the  fourth  principal  meridian.    And 
the  line  of  railroad  as  now  located  according  to  the  records  of  the  General 
Land  Office  in  pursuance  of  said  act  is  hereby  authorized  to  be  changed 
to  within  the  above  specified  limits  :  Provided,  hoivever,  That  upon  the     State  to  receive 
construction   of  said  railroad  upon  the  new  line,  or  of    a  sufficient  8ain1e  quantity  of 
part  thereof,  according  to  the  terms  of  said  act,  the  State  of  Wiscon-  au  8'    c' 
sin,  its  grantees  or  assigns,  shall  receive  upon  the  route  originally  lo- 
cated, and  in  the  manner  prescribed  by  the  act,  the  same  quantity  of 
lands,  and  no  more  or  other,  except  as  hereinafter  provided  for.  as  it  or 
they  would  have  received  if  such  railroad  had  been  constructed  upon 
the  line  originally  located,  (a) 

SEC.  2.  And  be  it  further  resolved,  That  there  be  and  is  hereby  granted  Grant  of  land 
to  the  State  of  Wisconsin,  for  the  purpose  of  aiding  in  the  construction  Wisconsin0^ 
of  a  railroad  from  the  town  of  Appleton  in  said  State,  to  some  point  on 
Green  Bay,  at  or  near  the  mouth  of  Fox  Kiver,  in  said  State,  so  much 
of  the  public  lands  of  the  United  States  lying  at  or  near  the  mouth  of 
said  river,  in  the  county  of  Brown  and  State  of  Wisconsin,  known  as 
the  Fort  Howard  military  reserve,  as  may  be  required  for  right  of  way, 
tracks,  turnouts,  depots,  workshops,  warehouses,  wharves,  and  other 
railroad  uses,  not  exceeding  eighty  acres,  to  be  so  selected  by  the  State 
of  Wisconsin  or  her  assigns  as  to  exclude  the  fort  therefrom  :  Provided, 
however,  That  if  no  railroad  be  constructed  and  in  running  order  be- 
tween the  termini  in  this  section  mentioned  within  three  years  from 
the  passage  of  this  joint  resolution,  then  this  grant  shall  be  void.  (&) 

SEC.  3.  And  be  it  further  resolved,  That  the  Secretary  of  the  Interior     Lands  on  line 
be  and  he  is  hereby  authorized  to  cause  all  even  sections  or  parts  of  <>f  railroad,  how 
even  sections  of  public  land  that  may  be  brought  within  six  miles  of  to 
the  new  line  of  railroad,  as  herein  provided  for,  to  bo  sold  at  the  same 
price  and  in  the  same  manner  as  those  have  been  upon  the  originally 
located  route  of  railroad.    And  all  purchasers,  or  their  heirs  or  assigns, 
within  the  six-mile  limits  of  the  said  originally  located  route,  who  shall 
be  more  than  six  miles  from  the  new  line  of  route  herein  authorized, 
and  who  have  paid  the  sum  of  two  dollars  and  fifty  cents  an  acre,  shall 
have  the  right  either  to  exchange  their  locations  upon  thu  line  as  first 


276  WISCONSIN. 

established  to  the  new  line,  upon  the  same  terms,  in  like  quantities, 
and  in  the  same  manner,  as  on  the  line  first  established  as  aforesaid,  or[ 
at  their  option,  to  enter  without,  further  payment,  anywhere  within 
the  Menasha  land  district,  in  the  State  of  Wisconsin,  an  additional 
quantity  of  public  lands  subject  to  private  entry  at  one  dollar  and 
twenty-five  cents  an  acre  equal  to  the  quantity  entered  by  them  at  two 
dollars  and  fifty  cents  an  acre,  so  that  the  lands  originally  entered  by 
them  shall  thus  be  reduced  to  the  rate  of  one  dollar  and  twenty-five 
cents  an  acre. 

Even  sections  SEC.  4.  And  be  it  further  resolved,  That  the  even  sections  of  public 
of  land,  price  of.  lands  reserved  to  the  United  States  by  the  aforesaid  act  of  June  third, 
eighteen  hundred  and  fifty-six,  along  the  originally  located  route  of 
railroad  north  of  the  said  town  of  Appleton,  and  along  which  no  rail- 
road has  been  constructed,  shall  hereafter  be  sold  at  one  dollar  and 
twenty-five  cents  an  acre,  (c) 

(a)  See  Xos.  544,  644,  658,  659,  662,  666,  672,  675,  676,  661,  685, 689.  692, 695. 
(6)  See  Xos.  656, 667. 

(c)  See  Xos.  389,  599,  601, 610, 616,  626,  627,  629, 630, 635,  644,  649,  650,  656,  659, 663,  f , 
680,  686,  694. 


July  11,  1862.      NO.  655.— AN  ACT  to  grant  the  right  of  preemption  to  settlers  on  certain  lot^  in 
VoL  12,  p.  530^  Wisconsin . 

Survey  to    be     Be  it  enacted,  «£-c.,  That  the  Commissioner  of  the  General  Land  Ofnee 
Ttf 6  ff  LuS^  k.e»  au(i  ne  is  hereby,  directed  to  cause  survey  to  be  made  of  that  por- 
Wteconsin.       m  ^on  °^  ^ots  numuere(l  ten  and  eleven,  lying  east  of  the  river  AuDiabie, 
in  township  twenty-three  north,  of  range  twenty-one  east,  in  the  State 
of  Wisconsin,  and  which  portion  was  not  embraced  by  the  confirmatory 
provisions  of    the  act  of  Congress  approved  February  twenty-one: 
eighteen  hundred  and  twenty-three,  entitled  "An  act  to  revive  and  con- 
tinue in  force  certain  acts  for  the  adjustment  of  laud  claims  in  the  Ter- 
ritory of  Michigan."  (a) 

(a)  See  Nos.  464,  466,  595,  596,  598,  607, 638,  645,  646,  652,  656,  668,  670,  690. 


March  3,  1863.        Ho.  656. — AX  ACT  to  provide  for  the  disposal  of  certain  lands  therein  named. 
\  ol.  12.  p.  .  ,1.       i^  -(t  enacte(i^  tj>.Cij  That  the  Commissioner  of  the  General  Laud  Office 
Fort  Howard  shall,  as  soon  as  may  be,  cause  that  portion  of  the  public  domain  known 
military  reserve  as  the  Fort  Howard  military  reserve,  including  the  site  ol  the  fort,  cou- 
a°nd^sub&v1ae^itaiDiuS  tnree  acres  and  four-hundredths  of  au  acre,  which  is  situated 
into  lots.  i°  the  county  of  Brown  and  State  of  Wisconsin,  between  Fox  River  and 

Beaver  Dam  Ran,  and  which  is  not  included  in  the  confirmations  to 
Talbot  C.  Dousmau  and  Daniel  Whitney,  nor  in  the  grant  to  the  State 
of  Wisconsin  under  the  resolution  of  Congress  approved  April  twenty- 
fifth,  eighteen  hundred  and  sixty-two,  entitled  '*A  resolution  explana- 
tory of,  and  in  addition  to,  the  act  of  June  third,  eighteen  hundred  and 
fifty -six,  granting  public  lands  to  the  State  of  Wisconsin  to  aid  in  the 
construction  of  railroads  in  said  State,"  as  heretofore  surveyed  uuder 
the  direction  of  the  surveyor-general  of  Wisconsin  and  Iowa,  («)  to  be 
surveyed  and  subdivided  into  lots  of  such  form  and  of  such  size,  not  less 
than  one-fourth  of  an  acre,  and  not  more  than  forty  acres,  as  he  may 
deem  expedient,  dedicating  such  portions  of  the  same  to  the  use  of  the 
Streets.  public  for  streets  and  highways  as  he  may  think  the  public  interest  and 

Plats  to  be  cer-  convenience  may  require ;  and  shall  cause  a  plat  thereof  to  be  duly  and 
titied  and  record-  properly  certified  by  such  surveyor-general,  and  recorded  in  the  office 
of  the  register  of  deeds  for  said  county  of  Brown,  (b)  and  when  so  stir- 
Lots  to  be  sold  veyed,  platted,  and  recorded,  he  shall  cause  each  and  all  said  lots  to  be 
separately  at  pub- gold  separately  at  public  auction,  giving  not  less  than  two  mouths' 
notice  of  the  time  and  place  of  such  sale  by  advertising  the  same  in  such 
newspapers  and  for  such  period  of  time  as  he  may  deem  best.     Every 
such  lot  shall  be  sold  to  the  highest  bidder  for  cash,  and  when  not  paid 
for  within  twenty-four  hours  from  the  time  of  purchase,  it  shall  be  lia- 
ble to  be  resold  under  the  order  of  the  Commissioner  of  the  General 
Sale  not  bind-  Land  Office  aforesaid,  but  no  sale  shall  be  binding  until  approved  by  the 
ing    unless    ap-  Secretary  of  the  Interior,  (c) 

^Patents.  SEC-  "2-  And  le  lt  further  enacted,  That  it  shall  be  the  duty  of  the  Presi- 

dent to  cause  patents  to  be  issued  indue  form  of  law  for  each  and  every 
such  lot  as  soon  as  may  be  after  the  purchase  of  and  payment  for  the 


WISCONSIN.  277 

SEC.  3.  And  &e  it  further  enacted,  That  it  shall  also  be  the  duty  of  the    Portion  of  the 
mirnissioner  of  the  Land  Office  to  cause  so  much  of  the  public  domain  j^Jiif  frt°Fn^ 

i.  .  ,  , .  .        .  -,  -.-,  •,-.         T-»  ___    ._„!  -TW i_  «*m  toenc  to  Jtf  or L 


jacent  to  said  reserve  as  lies  between  said  Beaver  Dam  Run  and  Duck  Howard  military 
sek  to  be  resurveyed  into  lots,  the  lines  of  which  shall  conform  as  reserve  to  besur- 
*r  as  may  be  to  the  lines  of  the  survey  formerly  made  by  Albert  G.  veyed  into  lots. 
His,  and  shall  cause  certified  plats  thereof  to  be  returned  as  is  provided 
7  law  in  the  case  of  other  surveys  of  the  public  domain ;  and  he  shall 
icreupon  proceed  to  dispose  of  the  same  as  other  public  lands  are  dis-     And    disposed 
sed  of,  saving  to  every  person  who  upon  the  passage  of  this  act  may  of- 
in  possession  of  any  part  of  said  lands,  a^id  shall  have  made  improve-     Eights  of  per- 
lents  thereon,  as  provided  under  the  preemption  laws  of  the  United  sons'  in  posses- 
States,  the  right  to  purchase  any  lots  so  improved,  lying  contiguous  to 
each  other,  and  not  exceeding  in  the  aggregate  eighty  acres,  upon  mak- 
iug  proof  of  such  possession  and  improvements,  and  paying  for  such  lots 
the  sum  of  one  dollar  and  twenty-five  cents  per  acre,  within  six  months 
after  public  notice  shall  be  given  of  the  time  and  place  for  making  such 
proof  and  payment. 

SEC.  4.  And  be  it  further  enacted.  That  the  Commissioner  of  the  Gen-  Military  reserve 
eral  Land  Office  shall  cause  the  military  reserve  of  Fort  Crawford,  in  of  FortCrawford 
the  county  of  Crawford,  in  the  same  State,  to  be  surveyed  and  disposed 
of  in  the  manner  prescribed  in  the  first  and  second  sections  of  this  act 
for  the  disposition  of  the  Fort  Howard  reserve. 

(a)  See  Nos.  654,  667. 

(b)  See  Nos.  598,  107,  655,  668. 

(c)  See  ISTos.  3ri9,  591),  601,  610,  616,  626,  627,  629,  630,  635,  644,  649,  650,  654,  659,  663,  667, 

679,  680,  686,  694. 


657.— AN  ACT  granting  lands  to  the  States  of  Michigan  and  Wisconsin  to  aid     March  3, 1863. 
in  the  construction  of  a  "  military  road  "  from  Fort  Wilkins,  Copper  Harbor,  Kewe-     Vol.  12,  p.  797. 

naw  County,  in  the  State  of  Michigan,  to  Fort  Howard,  Green  Bay,  in  the  State  of 

Wisconsin. 

[See  MICHIGAN,  No.  537.] 


658.— AN  ACT  making  a  grant  of  lands  to  the  State  of  Minnesota,  to  aid  in  the     May  5,  1864. 
construction  of  the  railroad  from  Saint  Paul  to  Lake  Superior.  Vol.  13,  p.  64. 

[See  MINNESOTA,  No.  1871.] 

fo.  659. — AN  ACT  granting  lands  to  aid  in  the  construction  of  certain  railroads     May  5,  1864. 
in  the  State  of  Wisconsin.  Vol.  13,  p.  66. 

Be  it  enacted,  $-c.,  That  there  be,  and  is  hereby,  granted  to  the  State     Land  granted 
)f  Wisconsin,  for  the  purpose  of  aiding  in  the  construction  of  a  railroad  to  Wisconsin  for 
"  >m  a  point  on  the  Saint  Croix  Eiver  or  Lake,  between  townships  certain  railroads, 
iwenty-five  and  thirty-one,  to  the  west  end  of  Lake  Superior,  and  from     From  Saint 
)me  point  on  the  line  of  said  railroad,  to  be  selected  by  said  State,  to  Croix    River    or 
lyfield,  every  alternate  section  of  public  land  designated  by  odd  num-  Lake  to  Lake  Su' 
srs,  for  ten  sections  in  width  on  each  side  of  said  road,  deducting  any  pe 
id  all  lands  that  may  have  been  granted  to  the  State  of  Wisconsin  for 
16  same  purpose,  by  the  act  of  Congress  of  June  three,  eighteen  hun- 
Ired  and  fifty -six,  upon  the  same  terms  and  conditions  as  are  contained 
the  act  granting  lands  to  the  State  of  Wisconsin,  to  aid  in  the  con- 
ruction  of  railroads  in  said  State,  approved  June  three,  eighteen  hun- 
Ired  and  fifty-six.     But  in  case  it  shall  appear  that  the  United  States 
ave,  when  the  line  or  route  of  said  road  is  definitely  fixed,  sold,  re-     Reserved  or 
jrved,  or  otherwise  disposed  of,  any  sections  or  parts  thereof,  gran  ted  preempted  lands. 
~  aforesaid,  or  that  the  right  of  preemption  or  homestead  has  attached 
the  same,  then  it  shall  be  lawful  for  any  agent  or  agents,  to  be  ap- 
)inted  by  said  company,  to  select,  subject  to  the  approval  of  the  Secre- 
ry  of  the  Interior,  from  the  public  lands  of  the  United  States  nearest 
the  tier  of  sections  above  specified,  as  much  land  in  alternate  sections 
parts  of  sections,  as  shall  be  equal  to  such  lands  as  the  United  States 
lave  sold  or  otherwise  appropriated,  or  to  which  the  right  of  preemp- 
tion or  homestead  haw  attached  as  aforesaid,  which  lands  (thus  selected 
lieu  of  those  sold,  and  to  which  preemption  or-  homestead  right  has 
ittached  as  aforesaid,  together  with  sections  and  parts  of  sections  des- 
;nated  by  odd  numbers  as  aforesaid,  and  appropriated  as  aforesaid,) 
lall  be  held  by  said  State  for  the  use  and  purpose  aforesaid  :  Provided,     Lands  not  to  be 
the  lands  to  be  so  located  shall  in  no  case  be  further  than  twenty  located  more  than 


278  WISCONSIN. 

twenty  miles  miles  from  the  line  of  the  said  roads,  nor  shall  such  selection  or  location 
from  the  road.  be  made  in  lieu  of  lands  received  under  the  said  grant  of  Jane  three 
eighteen  hundred  and  fifty-six,  but  such  selection  and  location  may  be 
made  for  the  benefit  of  said  State,  and  for  the  purpose  aforesaid,  to 
supply  any  deficiency  under  the  said  grant  of  Juno  third,  eighteen  hun- 
dred and  fifty-six,  should  any  such  deficiency  exist. 

Eoad  from  To-     SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  is  hereby,  granted 
mah  to    Saint  to  the  State  of  Wisconsin,  for  the  purpose  of  aiding  in  the  construction 
of  a  railroad  from  the  town  of  Tornah,  in  the  county  of  Monroe,  in  said 
State,  to  the  Saint  Croix  River  or  Lake,  between  townships  twenty-five 
and  thirty-one,  every  alternate  section  of  public  land  designated  by 
odd  numbers  for  ten  sections  in  width  on  each  side  of  said  road,  deduct- 
ing any  and  all  lauds  that  may  have  been  granted  to  the  State  of  Wiscon- 
sin'for  the  same  purpose,  by  the  act  of  Congress  granting  lauds  to  said 
State  to  aid  in  the  construction  of  certain  railroads,  approved  June 
three,  eighteen  hundred  and  fifty-six,  upon  the  same  terms  and  condi- 
tions as  are  contained  in  the  said  act  of  June  three,  eighteen  hundred 
and  fifty -six.    But  in  case  it  shall  appear  that  the  United  States  have, 
Reserved  or  when  the  line  or  route  of  said  road  is  definitely  fixed,  sold,  reserved,  or 
preempted  lands,  otherwise  disposed  of  any  sections,  or  parts  of  sections,  granted  as  afore- 
said, or  that  the  right  of  preemption  or  homestead  has  attached  to  the 
same,  then  it  shall  be  lawful  for  any  agent  or  agents  to  be  appointed 
by  said  State  to  select,  subject  to  the  approval  of  the  Secretary  of  the 
Interior,  from  the  public  lands  of  the  United  States  nearest  to  the  tier 
of  sections  above  specified,  as  much  land,  in  alternate  sections,  or  parts 
of  sections,  as  shall  be  equal  to  such  lands  as  the  United  States  have 
sold,  or  otherwise  appropriated,  or  to  which  the  right  of  pre-emption 
or  homestead  has  attached,  as  aforesaid,  which  lands  (thus  selected  in 
lieu  of  those  sold,  and  to  which  preemption  or  homestead  right  has 
attached  as  aforesaid,  together  with  sections  and  parts  of  sections, 
designated  by  odd  numbers  as  aforesaid,  and  appropriated  as  aforesaid) 
shall  be  held  by  said  State  for  the  use  and  purpose  aforesaid :  Provided, 
Lands  not   to  That  the  lands  to  be  so  located  shall  in  no  case  be  further  than  twenty 
be  located  more  miles  from  the  line  of  the  said  road,  nor  shall  such  selection  or  location 
miles1  from    the  k®  ma^e  in  lieu  of  lands  received  under  the  said  grant  of  June  three, 
road.  eighteen  hundred  and  fifty-six,  but  such  selections  and  locations  may 

be  made  for  the  benefit  of  said  State,  and  for  the  purpose  aforesaid,  to 
supply  any  deficiency  under  the  said  grant  of  June  three,  eighteen  hun- 
dred and  fifty-six,  should  any  such  deficiency  exist. 

Road    from     SEC.  3.  And  be  it  further  enacted,  That  there  be,  and  is  hereby,  granted 
Portage  City  or  to  the  State  of  Wisconsin,  for  the  purpose  of  aiding  in  the  construction 
Bavfield  &T       of  a  railroad  from  Portage  City,  Berlin,  Doty's  Island,  or  Fon  du  Lac, 
as  said  State  may  determine,  in  a  northwestern  direction,  to  Bayfield, 
and  thence  to  Superior,  on  Lake  Superior,  every  alternate  section  of 
public  land,  designated  by  odd  numbers,  for  ten  sections  in  width  on 
each  side  of  said  roa'l,  upon  the  same  terms  and  conditions  as  are  con- 
tained in  the  act  granting  lauds  to  said  State  to  aid  in  the  construction 
of  railroads  in  said  State,  approved  June  three,  eighteen  hundred  and 
fifty-six.     But  in  case  it  shall  appear  that  the  United  States  have,  when 
Reserved    and  the  line  or  route  of  said  road  is  definitely  fixed,  sold,  reserved,  or  other- 
preempted  lands.  wise  a isposed  of  any  sections  or  parts  thereof,  granted  as  aforesaid,  or 
that  the  right  of  preemption  or  homestead  has  attached  to  the  same, 
that  it  shall  be  lawful  for  any  agent  or  agents  of  said  State,  appointed 
by  the  governor  thereof,  to  select,  subject  to  the  approval  of  the  Secre- 
tary of  the  Interior,  from  the  lands  of  the  United  States  nearest  to  the 
tier  of  sections  above  specified,  as  much  public  land  in  alternate  sec- 
tions, or  parts  of  sections,  as  shall  be  equal  to  such  lands  as  the  United 
States  have  sold  or  otherwise  appropriated,  or  to  which  the  right  of  pre- 
emption or  homestead  has  attached  as  aforesaid,  which  lands  (thus 
selected  in  lieu  of  those  sold  and  to  which  the  right  of  preemption 
or  homestead  has  attached  as  aforesaid,  together  with  sections  and  parts 
of  sections  designated  by  odd  numbers  as  aforesaid,  and  appropriated 
as  aforesaid)  shall  be  held  by  said  State,  or  by  the  company  to  which 
she  may  transfer  the  same,  for  the  use  and  purpose  aforesaid  :  Provided, 
Limit  and  loca-  Th?,t  the  lands  to  be  so  located  shall  in  no  case  be  further  than  twenty 
tion  of  lands.        miles  from  the  line  of  said  road.  («) 

Minimum  price      SEC.  4.  And  be  it  further  e  nacted,  That  the  sections  and  parts  of  sec- 

of  remaining  tions  of  lands  which  shall  remain  to  the  United  States  within  ten  miles 

lands>  on  each  side  of  said  roads  shall  not  be  sold  for  less  than  double  the 

minimum  price  of  the  public  lands  when  sold ;  nor  shall  any  of  the 


WISCONSIN.  279 

said  reserved  lands  become  subject  to  private  entry  until  the  same  have 
been  first;  offered  at  public  sale  at  tbe  increased  price.  (&) 

GKC.  5.  And  be  it  further  enacted,  That  the  time  fixed  and  limited  for     Time  for  com 
e  completion  of  said  roads  in  the  act  aforesaid  of  June  three,  eighteen  pletion  of  former 
nndred  and  fifty-six,  be  and  the  same  is  hereby  extended  to  a  period  ro 
•  five  years  from  and  after  the  passage  of  this  act. 

SEC.  6.  And  be  it  further  enacted,  That  any  and  all  lands  reserved  to    Lands  formerly 
e  United  States  by  any  act  of  Congress  for  the  purpose  of  aiding  in  granted  and  min- 
y  object  of  internal  improvement,  or  in  any  manner  for  any  purpose  empted^om  this 
hatsoever,  and  all  mineral  lands  be  and  the  same  are  hereby  reserved  act,  except  as  to 
id  excluded  from  the  operation  of  this  act,  except  so  far  as  it  may  t»e  right  of  way. 
und  necessary  to  locate  the  route  of  such  railroads  through  such  re- 
rved  lands,  in  which  case  the  right  of  way  only  shall  be  granted,  snb- 
t  to  the  approval  of  the  President  of  the  United  States. 
SEC.  7.  And  be  it  further  enacted,  That  whenever  the  companies  to     Patents  for  the 
hich  this  grant  is  made,  or  to  which  the  same  maybe  transferred,  granted  lands, 
all  have  completed  twenty  consecutive  miles  of  any  portion  of  said  ^^  ai 
ilroads,  supplied  with  all  necessary  drains,  culverts,  viaducts,  cross- 
gs,  sidings,  bridges,  turn-outs,  watering-places,  depots,  equipments, 
rniture,  and  all  other  appurtenances  of  a  first-class  railroad,  patents 
all  issue  conveying  the  right  and  title  to  said  lands  to  the  said  com- 
ny  entitled  thereto,  on  each  side  of  the  road,  so  far  as  the  same  is 
pleted,  and  coterminous  with  said  completed  section,  not  exceeding 
e  amount  aforesaid,  and  patents  shall  in  like  manner  issue  as  each 
twenty  miles  of   said  road  is  completed:  Provided,  hoivever,  That  no 
patents  shall  issue  for  any  of  said  lands  unless  there  shall  be  presented 
to  the  Secretary  of  the  Interior  a  statement,  verified  on  oath  or  affirma- 
tion by  the  president  of  said  company,  and  certified  by  the  governor  of     Certificate     of 
the  State  of  Wisconsin,  that  such  twenty  miles  have  been  completed 
in  the  manner  required  by  this  act,  and  setting  forth  with  certainty 
the  points  where  such  twenty  miles  begin  and  where  the  same  end ; 
which  oath  shall  be  taken  before  a  judge  of  a  court  of  record  of  the 
United  States. 

SEC.  8.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted  Lands  to  be 
shall,  when  patented  as  provided  in  section  seven  of  this  act,  be  subject  applied  only  to 
to  the  disposal  of  the  companies  respectively  entitled  thereto,  for  the-  .Jife  JJJJfg086 
purposes  aforesaid,  and  no  other,  and  the  said  railroads  be,  and  shall  Roads  to  be 
remain,  public  highways  for  the  use  of  the  Government  of  the  United  public  highways 
States,  free  from  all  toll  or  other  charge,  for  the  transportation  of  auv  for  the  use  of  the 
property  or  troops  of  the  United  States. 

SEC.  9.  And  be  it  further  enacted,  That  if  said  road  mentioned  in  the     Roads,  when 

third  section  aforesaid  is  not  completed  within  ten  years  from  the  time  ™f£  ^fP  lands 

of  the  passage  of  this  act,  as  provided  herein,  no  further  patents  shall  unsold  to  revert 

1  i  issued  to  said  company  for  said  lands,  and  no  further  sale  shall  be  to  the    United 

ade,  and  the  lands  unsold  shall  revert  to  the  United  States,  (a)  States. 

(a)  See  Nos.  544,  644,  654,  658,  662,  666,  672,  675,  676,  681,  685,  689,  692,  695. 

(b)  See  Nos.  389,  599,  601,  610,  616,  626,  627,  629,  630,  635,  644,  649,  650,  654,  656,  663,  667, 

679,  680,  6s6,  694. 


660.— -AN  ACT  granting  lands  to  the  State  of  Wisconsin  to  bnild  a  military     June  25, 1864. 
road  to  Lake  Superior.  '  Vol.  13,  p.  183. 


Be  it  enacted,  $-c.,  That  there  be,  and  is  hereby,  granted  to  the  State     Lands  granted 
)f  Wisconsin,  to  aid  in  the  construction  of  a  military  wagon-road  from  to  "Wisconsin  for 
ausaw,  Marathon  County,  Wisconsin,  following  the  Wisconsin  River  ?£&*  was°n 
j  far  as  Skonowang,  and  from  thence,  on  the  most  feasible  and  direct 
>ute,  to  a  point  on  the  State  line  between  the  States  of  Wisconsin  and 
tichigan,in  a  direction  leading  to  Ontonagon,on  Lake  Superior,  every 
Itemate  section  of  public  land,  not  mineral,  designated  by  odd  numbers,     Mineral    lands 
>r  three  sections  in  width  on  each  side  of  said  road.     But'  in  case  it  shall  not  granted- 
ippear  that  the  United  States  have,  when  the  line  or  route  of  said  road 
s  definitely  fixed,  sold,  reserved,  or  otherwise  disposed  of  any  section, 
sr  any  part  thereof,  granted  as  aforesaid,  or  that  the  right  of  preemp- 
tion or  homestead  settlement  has  attached  to  the  same,  then  it  shall  be 
the  duty  of  the  Secretary  of  the  Interior  to  set  apart  from  the  public     Lands  to  be 
lands  of  the  United  States,  as  hereinbefore  described,  designated  by  odd  S^*6*1  iu,!ieu1of 
numbers,  as  near  to  said  even  section  aforesaid  an  may  be,  and  the  same  disposed  of. 
jhall  be  located  within  six  miles  of  said  road,  so  much  land  as  shall  be 
squal  to  such  lands  as  the  United  States  have  sold  or  otherwise  appro- 
mated,  or  to  which  the  right  of  preemption  or  homestead  settlement 


280  WISCONSIN. 

has  attached  ;  which  lands,  (thus  selected  in  lieu  of  those  sold,  reserved, 
or  otherwise  appropriated,  and  to  which  the  right  of  preiiinptiou  or 
homestead  settlement  has  attached  as  aforesaid)  together  with  the  sec- 
tions and  parts  of  sections  designated  by  odd  numbers  as  aforesaid,  and 
approved  as  aforesaid,  shall  be  held  by  the  State  of  Wisconsin  for  the 
Lauds,  how  to  use  and  purpose  aforesaid :  Provided,  That  the  lauds  hereby  grunted 
be  applied.  shall  be  exclusively  applied  in  the  construction  of  that  road  for  and  on 

account  of  which  such  lands  are  hereby  granted,  and  shall  be  disposed 
of  only  as  the  work  progresses,  and  the  same  shall  be  applied  to  no 
Former  grants  other  purpose  whatever :  Provided,  further,  That  any  and  all  lands  here- 
not  affected  here-  tofore  reserved  to  the  United  States,  or  granted  by  any  act  of  Congress, 
or  in  any  other  manner  by  competent  authority,  for  the  purpose  of  aid- 
ing in  any  object  of  internal  improvement,  or  for  any  other  purpose 
whatsoever,  be,  and  the  same  are  hereby,  reserved  and  excluded  from 
the  operation  of  this  act,  except  so  far  as  it  may  be  found  necessary  to 
locate  the  route  of  said  road  through  such  reserved  lands,  in  which  case 
the  right  of  way  only  shall  be  granted. 

State  legisla-      SEC.  2.  And  be  it  further  enacted.  That  the  said  lands  hereby  granted  to 

ture  to  dispose  of  the  said  State  shall  be  subject  to  the  disposal  of  the  legislature  thereof, 

for  the  purposes  aforesaid  and  no  other;  and  the  said  road  shall  be,  and 

Ko  ad    to   be  remain,  a  public  highway  for  the  use  of  the  Government  of  the  United 

highway,  &.c.       States,  free  from  tolls  or  other  charge  upon  the  transportation  of  any 

property,  troops,  or  mails  of  the  United  States. 

Lands,  how  SEC.  3.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to 
only  to  be  dis-  said  State  shall  be  disposed  of  only  in  the  following  manner— that  is  to 
posed  of.  gay^  when  the  said  governor  shall  certify  to  the  Secretary  of  the  Inte- 

rior that  any  ten  consecutive  miles  of  said  road  has  been  completed 
under  the  provisions  of  this  act,  and  in  accordance  with  the  fourth 
section  of  this  act,  stating  definitely  where  said  completed  section  of 
road  commences  and  where  it  terminates,  it  shall  be  the  duty  of  the  said 
Secretary  to  cause  patents  to  issue  to  said  State  for  three  sections  of 
land  for  each  mile  of  road  thus  completed  as  aforesaid,  and  so  on  until 
Patents  not  to  the  whole  of  said  road  is  completed :  Provided,  further,  That  no  patent 
be  granted  nntil  shall  be  given  for  any  of  the  aforesaid  lands  before  the  completion  of 
ae?emlconiDleted  teu  consecutive  miles  of  road,  or  for  any  road,  or  for  any  part  of  any 
&e  '  road,  made  before  the  passage  of  this  act,  or  for  any  greater  quantity 

than  thirty  sections  for  each  ten  miles  completed  according  to  the  pro- 
visions of  this  act ;  and  if  said  road  is  not  completed  within  five  years, 
Lands  to  revert,  no  further  sales  shall  be  made,  and  the  lands  unsold  shall  revert  to  the 
if.  &c.  United  States. 

Eoad.howtobe  SEC.  4.  And  be  it  further  enacted,  That  said  military  road  shall  be  con- 
constructed,  structed  under  the  direction  of  such  agents  or  commissioners  as  the 
governor  of  said  State  may  appoint,  and  where  it  passes  through  tim- 
bered lands  shall  be  chopped  out  a  uniform  width  of  at  least  six  rods. 
The  road-bed  proper  to  be  not  less  than  thirty-two  feet  wide,  and  con- 
structed with  ample  ditches  on  both  sides,  "so  as  to  afford  sufficient 
drains,  with  good  and  substantial  bridges  and  proper  culverts  and 
sluices  where  uecesssary.  All  stumps  and  roots  to  be  thoroughly 
grubbed  out  between  the  ditches  the  entire  length  of  said  road  ;  the 
central  portion  of  which  to  be  sufficiently  raised  to  afford  a  dry  road- 
bed by  means  of  drainage  from  the  centre  to  the  side  ditches ;  the  hills 
to  be  levelled  and  valleys  raised  so  as  to  make  as  easy  a  grade  as  prac- 
ticable, (a) 

(a)  See  Xos.  637,  657,  673,  678,  683. 


July  1,  1864.  No.  661.— A  RESOLUTION  for  the  relief  of  the  State  of  Wisconsin. 

/•Y-*o/w7,  tfc.,  That  the  Secretary  of  the  Department  of  the  Interior 


Wisconsin     to  shall,  in  adjusting  the  amount  due  the  State  of  Wisconsin,  under  exist - 
theCbaoSeedWitlf  inS  la-vvs>  as  five  Per  centum  of  the  nef'  proceeds  of  sales  of  the  public 
Bales  of  Is n°d  lands  within  her  limits,  (a)  estimate  and  charge  against  her  the  value 
granted    to    the  of  the  one  hundred  and  twenty-five  thousand  four  hundred  and  thirty- 
Milwaukee    and  one  and  eighty  two  one-hundredths  acres  of  land  granted  to  the  Terri- 
RockRiver  canal.  ^O1^  o^-  Wisconsin,  to  aid  in  the  construction  of  the  Milwaukie  and  Rock 
River  Canal  which  have  been  sold  by  said  Territory  or  said  State,  atone 
dollar  and  twenty-five  cents  per  acre,  and  as  much  more  as  the  Territory 
and  State  received  upon  the  same  upon  sales  of  any  part  thereof  ,,t  a 
To  be  credited  higher  price,  and  shall  credit  said  State  with  the  amount  that  has  l»een 
with  what.  legally  and  properly  applied  by  said  State  or  Territory  towards  t!.< 


WISCONSIN.  281 

of  selling  said  land  and  towards  the  construction  of  said  canal.  And  the 
said  Secretary  shall  also  settle  and  allow  to  the  Milwaukie  and  Rock  Allowance  to 
Hirer  Canal  Company  such  sums  of  money  as  have  been  properly  ex-  *J^  cana 
peudtd  by  said  company  in  the  survey  and  location  of  said  canal,  in  the  p 
construction  thereof,  as  far  as  the  same  has  been  constructed,  together 
with  darns,  locks,  and  slack- water  navigation,  and  in  the  management 
and  keeping  the  same  in  repair;  and  the  same  shall  be  paid  to  the  said 
canal  company  out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, not  exceeding  hi  amount,  however,  the  balance  charged  against 
the  Stare  of  Wisconsin  upon  the  sales  of  said  canal  lands,  as  above  re- 
quired, after  deducting  the  sum  allowed  said  State  for  money  paid  by 
her  out  of  the  same  fund.  The  same  to  be  received  by  said  canal  com- 
pany in  full  payment  and  satisfaction  of  all  claims  of  said  company 
against  the  State  of  Wisconsin  and  of  the  United  States  on  account  of 
said  canal  land-grant,  or  on  account  of  any  action  of  the  Territory  or 
State  of  Wisconsin,  or  of  the  United  States,  in  relation  thereto.  (&) 

SEC.  2.  And  be  it  further  resolved,  That  the  Commissioner  of  the  Gen-     Commissioner 
eral  Land  Office  be,*  and  he  is  hereby,  appointed  commissioner  to  adjust  5LGen^ral 
the  accounts  herein  provided  for,  under  the  supervision  of  the  Secretary 
of  the  Interior,  and  to  determine  what  sum  shall  be  charged  to  said 
State  of  Wisconsin  for  the  lands  granted  for  the  construction  of  said 
canal ;  and  what  sums  shall  be  credited,  respectively,  to  said  State  and 
said  company  for  the  moneys  expended  by  them  in  the  construction  of 
said  locks  and  canal  as  herein  provided. 

(a)  See  Xos.  622,  626,  629. 

(b)  See  Nos.  610,  626,  629. 


fo.  66'2.— AX  ACT  to  extend  the  time  for  the  completion  of  certain  railroads  to     March  3,  18(55. 
•which  laud  grants  have  been  made  in  the  States  of  Michigan  and  Wisconsin.  Vol.  13,  p.  520. 


[Sec  MICHIGAN,  No.  544.] 


f<».  663.— AN  ACT  to  authorize  the  issuing  of  patents  for  certain  lands  in  the  town     March  3  1865. 
of  Stockbridge,  State  of  Wisconsin,  and  for  other  purposes.  Vol.  13,  p.  53o! 

Be  it  enacted,  <j'-c.,  That,  upon  satisfactory  proof  being  made  that  any     patents    m  ay 
occupant[s]  of  unpatented  land  in  the  town  of  Stockbridge,  Calumet  issue  for  certain 
County,  in  the  State  of  Wisconsin,  which  has,  by  treaty  or  otherwise,  lands  in   Stock- 
been  allotted  to  any  individual  members  of  the  Stockbridge  or  Muusee  bridge,    Wiscou- 
tribe  of  Indians,  (a)  are  the  purchasers,  grantees,  or  assignees  of  such  811 
members  of  said  tribes,  the  President  of  the  United  States  be  authorized 
issue  patents  for  the  land  so  occupied  to  such  purchasers,  grantees, 
assignees,  respectively  :  Provided,  That  in  case  of  conflicting  claims     Conflicting 
any  of  the  lots  of  land  the  Commissioner  of  the  General  Land  Office  claims, 
authorized  to  hear  the  proofs  of  the  respective  claimants,  and  to  de- 
ide  which  of  such  claimants  are  justly  entitled  to  said  land,  and  patents 
"lall  be  issued  in  accordance  with  such  decision. 

SEC.  2.  And  be  it  further  enacted,  That  patents  issued  according  to  this     Patents  to  vest 
..ct  shall  vest  in  the  patentee  title  to  the  land  described  in  such  patent,  ^lidTie^60"0 
in  fee- simple,  subject  to  any  valid  lien  or  iucumbrance  thereon  created 
by  said  patentee  or  those  under  whom  he  claims. 

SEC.  3.  And  be  it  further  enacted,  That  the  lots  of  land  in  said  town    Lands  in  Stock- 
of  Stockbridge  belonging  to  the  United  States,  not  hereinbefore  directed  bridge  not  pat- 
to  be  patented,  shall  be  attached  to  and  form  a  part  of  the  Menasha  ent®df  ^    *orm 
land  district,  (6)  and  if,  in  the  opinion  of  the  Commissioner  of  the  Gen-  Jhaland  district! 
eral  Land  Office,  it  shall  be  for  the  public  interest,  the  same  may  be 
)ld  at  the  minimum  price  of  three  dollars  per  acre  for  lots  fronting  on     May  be  sold. 
,ake  Winuebago,  five  dollars  per  acre  for  the  two  tiers  of  lots  fronting 
on  the  military  road,  one  tier  of  lots  on  each  side  thereof,  and  two  dol- 
lars and  fifty  cents  per  acre  for  the  residue  of  said  land  to  actual  set- 
tlers thereon  possessing  the  qualifications  requisite  to  acquire  preemp- 
tion rights,  who  shall  prove  to  the  satisfaction  of  the  register  of  the 
"  md  office  at  Menasha,  Wisconsin,  that  he  or  she  has  made  improve- 
lents  to  the  value  of  not  less  than  fifty  dollars,  and  is  actually  residing 
ipon  the  land ;  the  time  of  paying  the  purchase  price  may  be  extended     Time  of    pay 
for  a  period  not  exceeding  one  year  from  the  passage  of  this  act :  Pro- Inent  extended  to 
I'ided,  That  no  such  actual  settler  shall  be  permitted  to  preempt  more  ^ 
than  two  contiguous  lots  on  which  he  or  she  has  made  improvements  of     Not  moro  than 


282  WISCONSIN. 

two    contiguous  the  value  of  not  less  than  oiie  hundred  dollars.    The  lands  not  sold 
lots  can  be  pre-  within  one  year  as  hereinbefore  provided,  shall  be  brought  into  market 
eDLands  when  to  and  sold  at  not  less  tlian  tue  minimam  prices  fixed  by  this  act.  (c) 
be  brought  into      (a)  See  Xos.  617,  621.  664,  669,  674.  679,  693. 
market.  (&)  See  Xos.  389,  599,'  60-2,  6-27.  630,  636.  642,  647. 

(c)  See  Xos.  369,  599.  601.  610,  616,  626,  627,  629,  630.  635.  644,  649,  650,  654.  6.'. 
667,  679,  680,  686,  H94. 


March  3, 1865.    No.  664. — AX  ACT  making  appropriations  for  the  current  and  contingent  exi>r-u>t'3 
Yol.  13.  p.  541.      of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  various  Indian 

tribes  for  the  year  ending  thirtieth  Jnne,  eighteen  hundred  and  sixty-six,  and  for 

other  purposes. 


Chiefs,  <fcc.,  of     SEC.  4    A)id  be  it  further  enacted,  That  each  of  the  chiefs,  warriors, 
Stock  bri  dge  and  heads  of  families  of  the  Stockbridge  Muusee  tribes  of  Indians  re 
Mnnsees  may  en-  si(jing  jn  the  conutv  of  Shawana  and  State  of  Wisconsin,  may,  under 
'  the  direction  of  the  Secretary  of  the  Interior,  enter  a  homestead  and 
become  entitled  to  all  the  benefits  of  an  act  entitled  "An  act  to  secure 
homesteads  to  actual  settlers  on  the  public  domain,'-  approved  May 
twenty,  eighteen  hundred  and  sixty -two,  free  from  any  fee  or  charge 
whatever,  and  any  part  of  the  lands  being  a  part  of  their  present  reser- 
Abondoned  res-  vation,  which  may  be  abandoned  under  the  foregoing  provisions,  may 
ervations  may  be  be  sold  under  the  direction  of  the  Secretary  of  the  Interior,  and  the 
proceeds  applied  for  the  benefit  of  such  Indians  as  may  settle  on  said 
Homestead  not  homesteads,  to  aid  them  in  improving  the  same.    The  said  homestead 
subject  t»    tax,  thus  secured  shall  not  be  subject  to  any  tax,  levy,  or  sale  whatever,  nor 
shall  the  same  be  sold,  conveyed,  mortgaged,  or  in  any  manner  encum- 
bered except  upon  the  decree  of  the  district  court  of  the  United  States, 
Chiefs,   &:c.,  as  hereinafter  provided.     Whenever  any  of  said  chiefs,  warriors,  or 
may  become  cit-  heads  of  families  of  said  tribes,  having  filed  with  the  clerk  of  the  dis- 
trict court  of  the  United  States  a  declaration  of  his  intention  to  become 
a  citizen  of  the  United  States,  and  to  dissolve  all  relations  with  any 
Indian  tribe,  two  years  previous  thereto,  shall  appear  in  said  court,  and 
Proceedings,     prove  to  the  satisfaction  thereof,  by  the  testimony  of  two  citizens  of 
the  United  States,  that  for  five  years  last  past  he  has  adopted  the  habits 
of  civilized  life,  that  he  has  maintained  himself  and  family  by  his  own 
industry,  that  he  reads  and  speaks  the  English  language,  that  he  is  well 
disposed  to  become  a  peaceable  and  orderly  citizen  ;  and  that  he  has 
sufficient  capacity  to  manage  his  own  affairs;  the  court  may  enter  a 
decree  admitting  him  to  all  the  rights  of  a  citizen  of  the  United  States. 
and  thenceforth  he  shall  be  no  longer  held  or  treated  as  a  member  of 
any  Indian  tribe,  but  shall  be  entitled  to  all  the  rights  and  privileges. 
and  be  subject  to  all  the  duties  and  liabilities  to  taxation  of  other  citi- 
zens of  the  United  States.     But  nothing  herein  contained  shall  be  con- 
strued to  deprive  them  of  annuities  to  \vhich  they  are  or  may  be  enti- 
tled, (a) 

*#****# 

(a)  See  Xos.  617,  621,  663,  669,  674,  679,  693. 


April  10,  1866.    No.  665«— AX  ACT  granting  to  the  State  of  Wisconsin  a  donation  of  public  lands 
Vol.  14  p.  30.        to  aid  in  the  construction  of  a  breakwater  and  harbor  and  ship  canal  at  the  head  of 

'. - — ' — —     Sturgeon  Bay,  in  the  county  of  Door,  in  said  State,  to  connect  the  waters  of  Green 

Bay  with  Lake  Michigan,  in  said  State. 

Grant  of  land     Be  it  enacted,  <j't'.,  That  there  be,  and  hereby  is,  granted  to  the  State 

to  Wisconsin  for  of  Wisconsin  for  the  purpose  of  aiding  said  State  in  constructing  and 

boran^ship  ca-  completing  a  breakwater  and  harbor  and  ship  canal  to  connect  the 

nal.'  ~  waters  of  Green  Bay  with  the  waters  of  Lake  Michigan,  two  hundred 

thousand  acres  of  public  lands,  to  be  selected  in  subdivisions  agreeably 

to  the  United  States  survey,  by  an  agent  or  agents  appointed  by  the 

governor  of  said  State,  subject  to  the  approval  of  the  Secretary  of  the 

Proviso.  Interior,  from  lands  subject  to  private  entry :  Provided,  That  said  se- 

Selecrions,  how  lections  shall  all  be  made  from  alternate  and  odd-numbered  sections  of 

made,  land  nearest  the  location  of  said  harbor  and  canal  in  said  State  not 

otherwise  appropriated,  and  not  from  lands  designated  by  the  United 

States  as  "  mineral "  before  the  passage  of  this  act,  nor  from  lands  to 

which  the  rights  of  pre-emption  or  homestead  have  attached. 

Lands  subject     SEC.  2.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted 


WISCONSIN.  283 

shall  be  subject  to  the  disposal  of  the  legislature  of  said  State,  or,  if  to  disposal  of  leg- 

the  legislature  thereof  shall  not  be  in  session,  or  shall  adjourn  within  islatnre,  &c. 

ten  days  alter  the  passage  and  approval  of  this  act,  then  said  lands 

shall  be  subject  to  the  disposal  of  the  governor  and  board  of  commis- 

sioners of  school,  university,  and  swamp  lands  of  said  State,  for  the 

purposes  aforesaid,  and  for  no  other;  and  the  said  canal  shall  be  and     Canal    to    be 

remain  a  public  highway  for  the  use  of  the  Government  of  the  United  public  highway, 

States,  free  from  toll  or  charge  upon  the  vessels  of  said  Government,  or  &c> 

upon  vessels  employed  by  said  Government  in  the  transportation  of  any 

property  or  troops  of  the  United  States. 

SEC.  3.  And  be  it  further  enacted,  That  before  it  shall  be  competent     Plans,  &c.,  to 
for  said  State  to  dispose  of  any  of  said  lands,  to  be  selected  as  aforesaid,  befiledinDepart- 
the  plan  of  said  breakwater  and  harbor  and  the  route  of  said  canal  m 
shall  be  established,  and  a  plat  or  plats  thereof  shall  be  tiled  in  the  of- 
fice of  the  War  Department,  and  a  duplicate  thereof  filed  in  the  office 
of  the  Commissioner  of  the  General  Land  Office. 

SEC.  4.  And  ~be  it  further  enacted,  That  if  the  said  breakwater,  harbor,     Unless  work  is 
and  canal,  shall  not  be  completed  within  three  years  from  the  passage  completed  in 
this  act,  the  lands  hereby  granted  and  remaining  unsold  shall  revert  JJf^J^revert 
the  United  States.  to  the  united 

SEC.  5.  And  be  it  further  enacted,  That  the  legislature  of  said  State  states. 
shall  cause  to  be  kept  an  accurate  account  of  the  sales  and  net  proceeds     Account  to  be 
f  the  lands  hereby  granted,  and  of  all  expenditures  in  the  construction,        ^is    aid  for 


,  ^s  pa 

repairs,  and  operating  of  said  canal,  and  of  the  earnings  thereof,  and  only  sucia 
shall  return  a  a  statement  of  the  same  annually  to  the  Secretary  of  the  &c. 
Interior.     And  whenever  said  State  shall  be  fully  reimbursed  for  all 
advances  made  for  the  construction,  repairs,  and  operating  of   said 
inal,  with  legal  interest  on  all  advances  until  the  reimbursement  of 
le  same,  or  upon  payment  by  the  United  States  of  any  balance  of  such 
Ivances  over  such  receipts  from  said  lands  and  canal,  with  such  in- 
terest, the  said  State  shall  bo  allowed  to  tax  for  the  use  of  said  canal 
only  such  tolls  as  shall  be  sufficient  to  pay  all  necessary  expenses  for 
the  care,  charge,  and  repair  of  the  same. 

SEC.  6.  And  be  it  further  enacted,  That  said  ship  canal  shall  be  at  least     width     and 
one  hundred  feet  in  width,  with  a  depth  of  water  not  less  than  thirteen  depth  of  canal. 
feet.  (a~) 
(a)  SeeNos.682  691. 

No.  666.—  A  RESOLUTION  explanatory  of,  and  in  addition  to,  the  act  of  May  fifth  June  21,  1866. 
eighteen  hundred  and  sixty  -four,  entitled  "An  act  granting  lands  to  aid  in  the  con-  Vol.  14,  p.  360. 
struction  of  certain  railroads  in  "Wisconsin." 

Eesolved,  <fc.,  That  the  words  ''in  a  northwestern  direction,"  in  the     The  words  "in 
third  section  of  the  act  entitled  "An  act  granting  lands  to  aid  in  the  a    northwestern 
construction  of  certain  railroads  in  the  State  of  Wisconsin,"  approved  f^ljc  constmed 
May  fifth,  eighteen  hundred  and  sixty-four  shall,  without  forfeiture  to  jn      authorizing 
said  State,  or  its  assigns,  of  any  rights  or  benefits  under  said  act,  or  the  location    of 
exemption  from  any  of  the  conditions  or  obligations  imposed  thereby,  the  road- 
be  construed  to  authorize  the  location  of  the  line  of  said  road,  in  said 
third  section  provided  for,  along  and  upon  the  following  route,  that  is 
to  say  :  from  the  city  of  Portage,  by  the  way  of  the  city  of  Ripon,  in 
the  county  of  Fond  du  Lac,  and  the  city  of  Berlin,  in  the  county  of 
Green  Lake,  to  Steven's  Point,  and  thence  to  Bayfield,  and  thence  to 
Superior,  on  Lake  Superior.    And  the  legislature  of  the  said  State  of 
Wisconsin,  having,  in  and  by  an  act  entitled  "An  act  to  incorporate  the     c.on  ^ss   as- 

" 


. 

Portage  and  Superior  Railroad  Company,  and  to  execute  the  trust  crea-  Jf^n  0fthV  Po-t" 
ted  by  section  three  of  the  act  of  Congress  entitled  'An  [act]  granting  age  and  Superior 
lands  to  aid  in  the  construction  of  certain  railroads  in  the  State  of  Wis-  R  ailr  oad  Com- 
consin,'  approved  May  fifth,  eighteen  hundred  and  sixty-four,"  approved  Pany- 
April  —  ,  eighteen  hundred  and  sixty-six,  authorized  and  required  the 
said  Portage  and  Superior  Railroad  Company  to  construct  the  line  of 
road  in  the  said  third  section  of  the  said  act  of  Congress  provided  for, 
upon  and  along  the  route  hereinbefore  set  forth  and  described,  the  Con- 
gress of  the  United  States  hereby  gives  its  assent  to  the  route  of  the 
said  railroad,  as  the  same  is  hereinbefore  described  and  set  forth,  and 
consents  to  the  selection  and  application  of  the  lands  granted  to  the     And    consents 
State  of  Wisconsin  by  the  third  section  of  the  said  act  of  Congress  here-  to  the  selectk 
inbefore  mentioned,  for  and  to  the  line  of  the  said  railroad,  as  the  same  JJ  theTSuds. 
is  hereinbefore  defined  and  described,  in  the  same  manner  and  with  the 
same  effect  as  if  the  said  railroad  was  located  and  constructed  in  strict 


28-1  WISCONSIN. 

conformity  with  and  upon  the  route  prescribed  in  the  said  third  section 
Intention    of  of  the  said  act  of  Congress.     It  being  the  intention  of  this  resolution  to 
this  resolution,     give  the  assent  of  the  United  States  to  the  disposition  made  by  the  leg- 
islature of  the  State  of  Wisconsin  of  the  land  grant  herein  referred  to, 
and  the  change  of  route  for  the  railroad  in  aid  of  which  the  same  is 
granted,  and  not  to  make  any  other  disposition,  change,  or  alteration  of 
the  grant  aforesaid,  (a) 

(a)  See  Nos.  544,  644,  654,  658,  659,  662,  672,  675,  676,  681,  685,  689,  692,  695. 


July  4,  1866.  Wo.  667. — AN  ACT  to  provide  for  the  disposal  of  certain  lands  therein  named. 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office 


Unsold  lots  of  k6)  ana  he  is  hereby,  authorized  to  cause  to  be  offered  at  public  auction 

military  °reserve  a11  tbe  unsold  I0.*8  of  that  Portion  of  ^  public  domain  known  as  the 

to  be  offered  at  Fort  Howard  military  reserve,(a)  which  is  situated  in  the  county  of  Brown, 

public  auction,     au.d  State  of  Wisconsin,  giving  not  less  than  two  months'  notice  of  the 

Notice  of  sale,  time  and  place  of  such  sale,  by  advertising  the  same  in  such  newspapers 

Mode  of  sale.    an  j  for  8Uch  period  of  time  as  he  may  deem  best.    Every  such  lot  shall 

be  sold  separately  to  the  highest  bidder  for  cash,  and  when  not  paid  for 

within  twenty-four  hours  from  the  time  of  purchase,  it  shall  be  liable 

to  be  resold  under  the  order  of  the  Commissioner  of  the  General  Land 

Office  aforesaid,  at  such  reasonable  minimum  as  may  be  fixed  by  the 

Secretary  of  the  Interior,  and  no  sale  shall  be  binding  until  approved 

by  that  officer.  (&) 

Patents  to  is-      SEC.  2.  And  le  it  further  enacted,  That  it  shall  be  the  duty  of  thePresi- 
sne.  dent  to  cause  paterits  to  be  issued  in  due  form  of  law  for  each  and  every 

such  lot,  as  soon  aa  may  be  after  the  purchase  of  and  payment  for  the 
same. 

(a)  See  Xos/654,  656. 

(b)  See  Xos.  389,  599,  601,  610,  616,  626,  627,  629,  630,  635,  644,  649,  650,  654,  656,  659,  663, 

679,  680,  686,  694. 


July  23,  1866.     No.  668.— AX  ACT  making  appropriations   for  the  legislative,   executive,  and 
Vol.  14,  p.  191.      judicial  expenses  of  the  Government  for  the  year  ending  the  thirtieth  of  June, 
eighteen  hundred  and  sixty-seven,  and  for  other  purposes. 


s~fen~      Surveyor>i-general8  and  their  clerks. — For  compensation  of  the  surveyor- 
nr  general  of  Wisconsin  and  Iowa,  and  clerks  for  completing  and  winding 


Surveyors-gen- 
eral    and 

Office  in  TVis- up  the  business  in  his  office,  four  thousand  eight  hundred  dollars : 
consin  and  Iowa,  Provided,  That  when  this  appropriation  shall  have  been  exhausted,  the 
when  to  be  abol-  8aid  office  shall  be  abolished,  (a) 

18hed-  ******* 

(a)  See  Xos.  598,  607,  655,  656. 


July  27,  1866.     NO.  669.— AX  ACT  to  authorize  Samuel  Stevens,  a  Stockbridge  Indian,  to  enter 
Vol.  14,  p.  604.        anti  purchase  a  certain  tract  of  land  in  the  Stockbridge  reservation,  Wisconsin. 


Samuel    Ste-      Be  it  enacted,  tj-c.,  That  Samuel  Stevens,  a  Stockbridge  Indian,  be,  and 

vens  may  enter  ^e  |g  nereDy?  authorized  to  enter  and  purchase  the  tract  of  land  known 

certam^tract6  of  as  1°*  number  one  hundred  and  twenty-six,  in  the  Stockbridge  reserva- 

land.  tion,  in  the  county  of  Calumet  and  State  of  Wisconsin,  under  the  "Act 

to  authorize  the  issuing  of  patents  for  certain  lauds  in  the  town  of 

Stockbridge,  Wisconsin,  and   for    other   purposes,"    approved  March 

third,  eighteen  hundred  and  sixty- five,  (a) 

Patent  to  issue      gEC.  g.  ^na  le  it  further  enacted,  That  the  Commissioner  of  the  Gen- 

vens  aupon  to     eral  Land  Office  be,  and  he  is  hereby,  authorized  and  directed,  upon 

the  entry  and  payment  therefor,  to  cause  a  patent,  in  due  form  of  law, 

to  be  issued  to  the  said  Samuel  Stevens,  in  conformity  with  the  act 

above  mentioned. 

(a)  See  Nos.  617,  621,  663,  664,  674,  679,  693. 


WISCONSIN. 

,  670.— AN  ACT  confirming  the  title  of  Alexis  Gardapier  to  a  certain  tract  of 
land  in  the  county  of  Brown  and  State  of  Wisconsin. 


285 

Dec.  15,  1866. 
Vol.  14,  p.  615. 


Be  It  enacted  <)'-e.,  That  the  claim  Of  Alexis  Gardapier  to  a  certain     Claim  of  Alex- 
ract  of  land  situate  in  the  county  of  Brown  and  State  of  Wisconsin,  js   Gardapier  to 
lescribed  in  the  report  of  the  commissioners  to  examine  titles  and  ii£eonflrmeaC°n 
laims  in  the  Territory  of  Michigan  as  "lying  on  the  west  bank  of  Fox  ' 
£iver,  and  more  particularly  known  as  being  a  vacant  strip  lying  be- 
tween a  tract  number  one,  confirmed  to  Jacques  Porlier,  on  the  north, 
ind  tract  number'two,  confirmed  to  Louis  Griguon,  on  the  south,  com- 
lencing  at  low- water  mark,  and  running  west  eighty  arpens,  and  in 
ridth  three  arpens  on  the  aforesaid  river,"  be,  and  the  same  is  hereby, 
onfirmed,  and  tie  Commissioner  of  the  General  Land  Office  is  hereby    . 
uthorized  to  cause  the  said  tract  of  land  to  be  surveyed  in  the  same     Land  tobesur- 
lanner  as  other  private  claims  to  lands  in  Green  Bay  have  been  sur-  veyed,   and    pa- 
reyed,  and  directed  to  issue  a  patent  therefor,  according  to  the  pro- tent  t( 
risions  of  the  fifth  section  of  the  act  of  Congress  approved  February 
twenty-one,  eighteen  hundred  and  twenty-three,  entitled  "An  act  to 
evive  and  continue  in  force  certain  acts  for  the  adjustment  of  land 
laims  in  the  Territory  of  Michigan,"  which  shalJ  be  recorded  in  t*he 
ffice  of  the  register  of  deeds  for  the  county  aforesaid,  for  the  benefit 
of  the  heirs  or  assigns  of 'the  said  Alexis  Gardapier.  (a) 

(a)  See  Nos.  464,  466,  595,  596,  638,  645,  646,  652,  655,  690. 


No.  671, 


-A  RESOLUTION  extending  the  time  for  the  completion  of  the  improve- 
ment of  the  Fox  and  Wisconsin  rivers. 


March  12, 1867. 
Vol.  15,  p.  20. 


Resolved,  <$-c.,  That  the  time  provided  for  the  completion  of  the  im-  Time  for  com- 
provement  of  the  Fox  and  Wisconsin  rivers,  and  a  canal  connecting  pletion  of  the  im- 
the  same,  by  section  three  of  an  act  of  Congress,  approved  August  Fo^a 
eighth,  eighteen  hundred  and  forty-six,  entitled,  ''An.act  to  grant  a  sin  rivers 
certain  quantity  of  land  to  aid  in  the  improvement  of  the  Fox  and  Wis-  tended, 
consin  rivers,  and  to  connect  the  same  by  a  canal  in  the  Territory  of 
Wisconsin,"  be,  and  the  same  hereby  is,  extended  for  the  term  of  five 
years  from  and  after  the  approval  of  this  resolution,  with  all  the  rights 
and  privileges  conferred  by  said  act.  (a) 

(a)  See  Nos.  623,  629,  631,  639,  643,  650. 


67^— JOINT   RESOLUTION  concerning  certain  lands  granted  to  railroad 
companies  in  the  States  of  Michigan  and  Wisconsin. 

{.See  MICHIGAN,  No.  553.] 


May  20,  1868. 
Vol.  15,  p.  252. 


>.  65  3.— AN  ACT  to  extend  the  time  for  completing  the  military  road  authorized     June  8,  1868. 
by  an  act  entitled  "  An  act  granting  lands  to  the  States  of  Michigan  and  Wisconsin     Vol.  15,  p.  67. 

to  aid  in  the  construction  of  a  military  road  from  Fort  Wilkiim,  Copper  Harbor, 

Kewenaw  County,  in  the  State  of  Michigan,  to  Fort  Howard,  Green  Bay,  in  the 
State  of  Wisconsin. 

[See  MICHIGAN,  No.  554.] 


No.  674.— AN  ACT  for  the  relief  of  Thomas  McLean.  june  n,  1868. 

Be  it  enacted,  #c.,  That  Thomas  McLean  be,  and  he  is  hereby,  author-     YoL  15'  p' 359t 

;ed  to  enter  and  purchase  so  much  of  lot  number  one  hundred  and     Thomas   Mc- 

twenty  four  as  has  not  been  disposed  of  in  the  Stockbridge  reservation,  Leau  may  enter 

in  the  county  of  Calumet,  and  State  of  Wisconsin,  used  and  occupied  S  *** 

by  him,  at  the  price  stipulated  in  the  third  section  of  the  act  of  third 

March,  eighteen  hundred  and  sixty-five,  providing  for  the  disposal  of 

aid  reservation,  and  receive  a  patent  therefor,  the  said  McLean  having 

mltivated  and  occupied  the  same  for  a  long  series  of  years,  (a) 

(a)  See  Nos.  617,  621,  663,  664,  669,  679,  693. 


286  WISCONSIN. 

July  13,  1868.      No.  675.— JOINT  RESOLUTIOX  to  extend  the  time  for  the  completion  of   the 
Vol.  15,  p  257.  West  Wisconsin  Railroad. 


Time  of  com-     Be  it  resolved,  £c.,  That  the  time  fixed  and  limited  by  an  act  entitled 
pleting  West  "An  act  granting  lands  to  aid  in  the  construction  of  certain  railroads 
Wisconsin  Rail-  jn  the  State  of  Wisconsin,"  approved  May  five,  eighteen  hundred  and 
road  extended.     sixty-four,  for  the  completion  of  the  railroad  from  Tomah,  iu  the  county 
of  Monroe,  to  Saint  Croix  River  or  Lake,  between  townships  twenty- 
five  and  thirty-one,  be,  and  the  same  is  hereby,  further  extended  for  a 
period  of  three  years  to  the  West  Wisconsin  Railroad  Company,  a  cor- 
poration established  by  the  laws  of  the  State  of  Wisconsin,  and  which, 
by  the  law  of  said  State,  is  entitled  to  the  land  grant  made  in  the  second 
section  of  said  act:  Provided,  That  if  said  railway  company  shall  not 
have  completed  said  railroad  from  Tomah  to  Black  River  Falls  on  or 
before  the  expiration  of  one  year  from  the  passage  of  this  resolution, 
this  act  shall  be  null  and  void,  (a) 

(a)  See  Nos.  544,  644,  654,  658,  659,  662,  666.  672,  676,  681,  685,  689,  692.  695. 


July  27,  1868.     No.  676.—  AN  ACT  amendatory  of  an  act  entitled  "An  Act  granting  public  lands 
Vol.  15,  p.  238.        to  the  State  of  Wisconsin,  to  aid  in  the  construction  of  railroads  in  said  State," 
-     approved  June  3,  1856. 

The  legislature     Be  it  enacted,  #c.,  That  it  shall  and  may  be  lawful  for  the  legislature 

of  Wisconsin  Of  ^he  State  of  Wisconsin  to  dispose  of  the  lands  granted  and  which 

Srfainfanda  for  mav  have  enure(l  and  been  certified  to  the  State  of  Wisconsin  under 

the  benefit  of  the  the  act  of  Congress  approved  June  third,  eighteen  hundred  and  fifty- 

Wisconsin  Rail-  six,  to  aid  in  the  construction  of  a  railroad  "from  Madison  or  Colum- 

road  Farm  Mort-  bus,  by  way  of  Portage  City  to  the  Saint  Croix  River  or  Lake,  between 

township  twenty-five  and  thirty-one,"  and  commonly  known  as  La 

Crosse  and  Milwaukee  Railroad,  for  the  benefit  of  the  Wisconsin  Rail- 

road Farm  Mortgage  Land  Company,  existing  under  and  by  virtue  of 

Proviso.  tne  iaw8  of   Wisconsin  :   Provided,  however,  That  this  act  shall  apply 

only  to  such  lands  as  may  be  due  the  State  of  Wisconsin  for  the  portion 

of  said  road  already  completed,  (a) 


(a)  See  Xos.  544,  644,  654,  658,  659,  662,  666,  672,  675.  681,  685,  689,  692,  695. 


May  5,  1870.       No.  677.— AX  ACT  legalizing  certain  locations  of  agricultural- college  scrip  therein 
Vol.  16,  p.  116.  designated. 


Locations  of     Be  it   cixn-tcd,  $~c.,  That  all  locations  of    agricultural-college    scrip 

certain    agricul-  allowed  prior  to  December  first,  eighteen  hundred  and  sixty-seven,  at 

tural-college^ue  8everal  land  offices  in  the  State  of  Wisconsin,  in  excess  of  the  niax- 

'™Tc~  imurn  quantity  authorized  bv  the  act  entitled  "An  act  donating  public 

8111  ID  GXCC83.  ot-C..  -          -       T*    .«  *  -i,-.  *    i    m  «•••  •  -i  tt 

legalized.  lands  to  the  several  States  and  Territories  which  may  provide  colleges 

for  the  benefit  of  agriculture  and  the  mechanic  arts,"  approved  July 

second,  eighteen  hundred  and  sixty-two,  be,  and  the  same  are  hereby, 

Patents  to  is-  legalized ;  and  the  Commissioner  of  the  General  Land  Office  is   au- 

8ne-  thorized  to  issue  patents  upon  such  locations :  Provided.  That  the  same 

shall  be  in  all  other  respects  legal  and  valid. 


May  6,  1870.       No.  678.— AX  ACT  to  extend  the  time  for  the  completion  of  the  military  road 
Vol..l6,  p.  121.        from  Fort  Wilkins.  at  Copper  Harbor,  in  the  State  of  Michigan,  to  Fort  Howard, 
-     at  Green  Bay,  in  the  State  of  Wisconsin. 


[See  MICHIGAN,  No.  560.] 

Feb  6  1871.       No.  679.— AX  ACT  for  the  relief  of  the  Stockbridge  and  Munsee  tribe  of  Indians, 
Vol.  16,  p.  404.  in  th6  State  of  Wisconsin. 

Thetwo  town-  .Be  it  enacted,  <)'•<?.,  That  the  two  townships  of  land,  situated  in  the 
pbipsof  land  setcouuty  of  Shawanaw,  and  State  of  Wisconsin,  set  apart  for  the  use  of 
apart  for  the  the  Stockbridge  and  Munsee  tribe  of  Indians,  shall,  under  direction  of 
Mmisee  tribe  "of  the  Secretary  of  the  Interior,  be  examined  and  appraised,  by  two  or 
Indians  to  be  ex-  more  disinterested  appraisers  to  be  selected  by  him,  in  eighty-acre  lots, 
ami ned  and  ap-  according  to  public  survey ;  such  appraisal  shall  state  the  quality  of 
PrA8e  rais-U  to tue  8oi1' tne  quantity>  quality,  and  value  of  the  timber  growing  on  each 
state  what.  "  lot,  estimating  the  pine  timber  at  not  less  than  one  dollar  per  thousand, 


WISCONSIN.  287 

and  the  value  of  all  improvements,  if  any,  made  thereon,  with  the  name 
of  the  owner  of  such  improvements,  as  certified  by  the  sachem  and  coun- 
cillors of  said  tribe,  and,  when  returned  to  the  land  office  of  the  district 
in  which  said  lands  are  situated,  be  subject  to  public  inspection  for  at     To  be  subject 
least  thirty  days  before  the  day  appointed  for  the  sale  of  such  lands,  as  J?oPub 
hereinafter  provided.     One  copy  of  said  appraisal  shall  be  made  and     w'heretobere- 
retnrned  to  the  land  office  of  the  district,  and  a  duplicate  thereof  to  the  turned. 
Secretary  of  the  Interior,  within  six  months  from  the  passage  of  this 
act,  and  the  person[s]  appointed  to  make  such  appraisal  shall  be  allowed    Pay    of    ap- 
such  compensation  for  their  services  as  may  be  fixed  by  the  Secretary  praisers. 
of  the  Interior,  (a) 
SEC.  2.  And  be  it  further  enacted,  That  the  said  two  townships  of  land     The  two  town- 


shall  be  advertised  for  sale,  by  notice  of  not  less  than  three  months,  sur 

be  published  in  at  least  three  newspapers  of  the  district  having  general  at  public  auction. 

circulation,  and  shall  be  offered  at  public  auction,  at  the  nearest  Govern-     Notice  of  time 

ment  laud  office  within  the  Green  Bay  agency,  to  the  highest  bidder,  in  and  place  of  sale. 

lots  of  not  exceeding  eighty  acres  each,  but  shall  not  be  sold  for  less     Mo(i 

than  the  appraised  value  thereof.    None  of  said  lauds  shall  be  subject     Not  subject  to 

to  entry  until  they  shall  have  been  offered  as  aforesaid,  and  then  only  entry  until,  &c. 

at  the  price  fixed  by  such  appraisal.    All  of  said  lands  remaining  unsold    Lands    unsold 

at  the  expiration  of  one  year  after  they  shall  have  been  offered  as  afore-  j»   J>e  again  of 

said  shall  be  again  advertised  and  offered  at  public  auction  at  the  near-  &c 

est  Government  land  office  within  the  Green  Bay  agency,  at  not  less 

than  the  minimum  of  one  dollar  and  twenty-five  cents  per  acre,  and     Wheu  subject 

thereafter  shall  be  subject  to  private  entry  at  the  latter  price,  and  shall  to  private  entry. 

in  all  cases  be  sold  for  cash  only  :  Provided,  however,  That  the  Secretary  c  aj°  JJJ  sol( 

of  the  Interior  is  hereby  authorized  to  reserve  from  sale  a  quantity  of 

said  lands  not  exceeding  eighteen  contiguous  sections,  embracing  such    Not  over  eight- 

as  are  now  actually  occupied  and  improved,  and  are  best  adapted  to  een     sections 

agricultural  purposes,  subject  to  allotment  to  members  of  the  »»dUn^^lb^JJ?e^J2 

party  of  said  tribe  as  hereinafter  provided.  (6)  jecti  &c.    ' 

SEC.  3.  And  be  it  further  enacted.  That  from  the  first  proceeds  of  the     Proceeds  of 
sale  of  lands  as  provided  in  the  second  section  of  this  act,  shall  be  paid  sale  how  to  be 
the  expenses  of  appraisal  and  sale  of  said  lands,  the  amount  due  to  in-  aPPned- 
dividnals  for  improvements  as  returned  by  the  appraisers,  and  the 
amount  of  the  debts  contracted  by  the  sachem  and  councillors  for  the 
benefit  of  said  tribes,  amounting  to  the  sum  of  eleven  thousand  dollars, 
according  to  a  schedule  to  be  certified  by  them,  and  returned  to  the 
Commissioner  of  Indian  Affairs. 

SEC.  4.  And  be  it  further  enacted,  That,  immediately  after  the  returns     Statement     to 
shall  be  received  at  the  General  Land  Office  of  the  last  public  sale  ac-be    made    up 
cording  to  the  provisions  of  this  act,  a  statement  shall  be  made  UP>   ^  ^un^due  f  rom 
under  the  direction  of  the  Secretary  of  the  Interior,  exhibiting  the  gross  the  United  States 
amount  of  moneys  realized  from  the  sale  of  the  said  two  townships  of  to   the  S  toe  Is- 
land, after  deducting  therefrom  the  sums  appropriated  by  the  preced-  bridge  and  Mun- 
ing  sections  of  this.act,  to  which  said  amount  shall  be  added  the  value  8ee  Inuiaus- 
of  the  lands  remaining  unsold  of  said  two  townships,  estimating  the 
same  at  sixty  cents  per  acre  ;  also  the  sum  of  six  thousand  dollars  held 
in  trust  by  the  Government  of  the  United  States  for  the  use  of  the  Stock- 
bridge  and  Munsee  tribes  of  Indians,  under  the  treaty  of  eighteen  hun- 
dred and  thirty-nine  ;  and  the  total  amount  thereof  shall  constitute  the 
entire  sum  of  money  due  from  the  Government  of  the  United  States  to 
the  said  Stockbridge  and  Munsee  tribes  of  Indians,  to  be  paid  and  ap- 
propriated for  their  benefit  as  hereinafter  directed. 

SEC.  5.  And  be  it  further  enacted,  That  the  sum  of  money  thus  found     Amount  found 
due  to  the  said  tribes  shall  be  divided  between  the  citizen  and  Indian  due  the    tribes, 


. 

according  to  rolls  thereof,  made  and  returned  in  conformity  with  the  vl1 
provisions  of  this  act  to  the  Commissioner  of  Indian  Affairs  :  That  por- 
tion of  said  sum  belonging  to  the  citizen  party  shall  be  equally  divided     Citizens. 
among  them  per  capita,  and  paid  to  the  heads  of  families,  and  adult 
members  of  said  party  ;  that  portion  of  said  sum  belonging  to  the  Indian     Indian  party. 
party  shall  be  placed  to  their  credit  on  the  books  of  the  Treasurer  of 
the  United  States,  and  bear  interest  at  the  rate  of  five  per  centum  per     interest,  how 
annum,  payable  semi-nnnually,  and  said  interest  shall  be  applied  to  the  to  be  applied. 
support  of  schools,  the  purchase  of  agricultural  implements,  or  paid  in 
such  other  manner  as  the  President  may  direct  :  Provided,  hoivever,  That     New  location. 
a  part  of  said  sum  due  the  Indian  party,  not  exceeding  thirty  thousand 
dollars,  may,  on  the  request  of  the  sachem  and  councillors  of  said  tribe, 
be  expended  in  securing  a  new  location  for  said  tribe,  and  in  removing 


288  WISCONSIN. 

aiid  aiding  them  to  establish  themselves  in  their  ue\v  home ;  and  in 
case  of  their  procuring  and  removal  to  such  new  locaiiou.  at  auy  time, 
the  said  eighteen  sections  of  land,  reserved  for  their  use  by  the  "second 
section  of  this  act  shall  be  sold  in  the  manner  therein  provided,  aud  the 
proceeds  thereof  be  placed  to  their  credir  as  aforesaid. 

Two  rolls  to  be  SEC.  6.  And  be  it  further  enacted,  That,  for  the  purpose  oi'  determining 
prepared.  the  persons  who  are  members  of  said  tribes  and  the  future  relation  of 

each  to  the  Government  of  the  United  States,  there  shall  be  prepared, 
under  the  direction  of  the  Commissioner  of  Indian  Affairs,  or  such  per- 
son as  may  be  selected  by  him  to  superintend  the  same,  two  rolls. 
Citizen  roll,  to  be  denominated  the  citizen  roll,  to  embrace  the  names  of  all  such  persons 
include  whom,     of  full  age,  and  their  families,  as  signify  their  desire  to  separate  their 
relations  with  said  tribe,  and  to  become  citizens  of  the  United  States  : 
Indian  roll.       the  other  to  be  denominated  the  Indian  roll,  and  to  embrace  the  names 
of  all  such  as  desire  to  retain  their  tribal  character  and  continue  under 
Rolls  to  b    the  care  and  guardianship  of  the  United  States;  which  said  rolls  shall 
"US18**;  &c-'  cer  be  signed  by  the  sachem  and  councillors  of  said  tribe,  certified  by  the 
turned  'to^Coca-  Person  superintending  the  same,  and  returned  to  the  Commissioner  of 
missioner  of  In-  Indian  Affairs,  but  no  person  of  full  age  shall  be  entered  upon  said  citi- 
dian  Affairs.        zen  roll  without  his  or  her  full  and  free  consent,  personally  given  to  the 
Certain  per-  person  superintending  such  enrollment ;  nor  shall  any  person,  or  his  or 
.sons  not  to  be  en-  j^r  descendants,  be  entered  upon  either  of  said  rolls  who  may  have  here- 
tofore separated  from  said  tribe  and  received  allotment  of  lauds  under 
the  act  of  Congress  for  the  relief  of  the  Stockbridge  tribe  of  Indians,  of 
March   third,  eighteen  hundred  and  forty-three,  and  amendment  of 
August  six,  eighteen  hundred  and  forty-six,  or  under  the  treaty  of  Feb- 
ruary five,  eighteen  hundred  and  fifty-six,  or  who  shall  not  be  of  Stock- 
Citizen  roll  to  bridge  or  Munsee  descent.     After  the  said  rolls  shall   be  made  and  re- 
be  held  as  a  sur-  turned  as  herein  provided,  the  same  shall  be  held  as  a  full  surrender 
ther^ou  of  °all an(1  relinquishment  on  the  part  of  the  citizen  party,  each  and  every  one 
claims  as  mem- of  them,  of  all  claims  to  be  thereafter  known  or  considered  as  members 
bere  of  tribe.  A:C.  of  said  tribe,  or  in  any  manner  interested  in  any  provision  heretofore 
or  hereafter  to  be  made  by  any  treaty  or  law  of  the  United  States  for 
the  benefit  of  said  tribes,  and  they  and  their  descendants  shall  thence- 
forth be  admitted  to  all  the  rights  and  privileges  of  citizens  of  the 
United  States. 

The  Indian  SEC.  7.  Andbeit farther  enacted,  That  after  the  said  rolls  shall  have 
party  to  b  e been  made  and  returned,  the  said  Indian  party  shall  thenceforth  be 
known  »s,  <fcc.  known  as  the  "  Stockbridge  tribe  of  Indians,"  and  may  be  located  upon 
cated  6I  lands  reserved  by  the  second  section  of  this  act,  or  such  other  reserva- 

tion as  may  be  procured  for  them,  with  the  assent  of  th«j  council  of  said 
Adoption  void,  tribe,  and  their  adoption  among  them  of  any  individual,  not  of  Indian 
&c-  descent,  shall  be  null  and  void. 

Reservation  SEC.  8.  And  be  it  further  enacted,  That  as  soon  as  practicable,  after  a 
when  obtained,  suitable  and  permanent  reservation  shall  be  obtained  and  accepted  by 
&C.,  to  be  su*- said  tribe,  either  at  their  present  home  or  elsewhere,  the  same  shall, 
vided,  and  allot-  "nder  the  direction  of  the* Secretary  of  the  Interior,  be  surveyed  and 
ted.  '  subdivided  to  correspond  with  the  public  survey,  and  the  council  of  said 

tribe,  under  the  superintendence  of  the  agent  ftf  the  United  States,  shall 
make  a  just  and  fair  allotment  of  so  much  thereof  (in  compact  form)  as 
may  be  required  among  the  individuals  and  families  composing  said 
Heads  of  fam-  tribe,  as  follows :  Each  head  of  a  family  consisting  of  four  persons  shall 
Hies.  receive  eighty  acres  of  land,  aud  if  consisting  of  more  than  four  persons, 

at  the  discretion  of  the  council,  eighty  acres  more  may  be  assigned  to 
Males.  him  or  her  ;  each  male  person  above  the  age  of  eighteen  years,  not  in- 

Females.  eluded  in  any  family,  shall  receive  eighty  acres ;  each  female  person 

above  the  age  of  eighteen  years,  not  a  member  of  any  family,  and  each 
Lands  to  be  in-  orphan  child,  shall  receive  forty  acres ;  the  lands  assigned  and  allotted 
alienable  and  as  aforesaid  shall  be  held  inalienable,  and  in  case  of  the  death  of  any 
how  to  descend,   person,  his  or  her  right  thereto  shall  descend  to  his  or  her  heirs,  if  mem- 
bers of  said  tribe,  aud  if  he  or  she  dies  without  heirs  capable  of  inherit- 
ing, the  land  shall  revert  to  and  become  the  common  property  of  said 
Common  res- tribe  ;  there  shall  also  be  set  apart  and  appropriated  a  lot,  not  exceed- 
er  vat  ion    for  iug  forty  acres,  to  be  held  as  common  property  on  which  to  erect  a 
church      school-  churd^  parsonage,  school-house,  and  other  improvements  necessary  for 
^emal^'to  for-  the  accommodation  of  said  tribe :  Provided,  That  if  any  female  shall 
feit,  if,  &c.  marry  out  of  said  tribe,  she  shall  thereby  forfeit  all  right  to  hold  any 

of  said  lands,  as  if  deceased. 

Allotments    to     SEC.  9.  And  be  it  further  enacted,  That  the  allotments  contemplated  in 
the  previous  sections  of  this  act  shall  be  made,  and  a  certified  copy- 


WISCONSIN.  289 

thereof  returned  to  the  Commissioner  of  Indian  Affairs,  within  one  year  bo  ma  de,   &c., 
after  the  reservation  shall  have  been  made  and  accepted  by  said  tribe;  within  one  year, 
and  thereafter  the  title  of  the  lands  described  therein  shall  be  held  by     Title  to  be  in 
the  United  States  in  trust  for  individuals  and  their  heirs  to  whom  the  the  United  States 
same  were  allotted.     The  surplus  lands  embraced  in  such  reservation  mg^*ns    iands 
remaining  after  making  such  allotments  shall  be  held  in  like  manner  by  after  allotments. 
the  United  States,  subject  to  be  allotted  to  individuals  of  said  tribe 
who  may  not  have  received  any  portion  of  said  reservation,  or  to  be 
disposed  of  for  the  common  benefit  of  said  tribe:  Provided,  That  no     No  change,  &c. 
change  or  addition  shall  be  made  in  the  allotment  returned  to  the  Com-  jn  allotment  un- 
missioner  of  Indian  Affairs,  unless  the  same  shall  be  approved  by  the    k 
Secretary  of  the  Interior. 

(a)  See  Nos.  617,  621,  663,  664,  669,  671,  693. 

(b)  See  Nos.  389,  599,  601,  610,  616,  626,  627,  629,  630,  635,  644,  649,  650,  654,  656,  659,  663,  667, 

680,  686,  694. 

No.  6SO.— AN  ACT  to  authorize  the  sale  of  certain  lands  reserved  for  the  use  of     Feb.  13,  1871. 
the  Menomonee  tribe  of  Indians,  in  the  State  of  Wisconsin.  Yol.  16,  p.  410. 

Be  it  enacted,  <f-c.,  That  the  Secretary  of  the  Interior  is  hereby  author-     p  a  r  t  of    the 
ized  to  cause  to  be  subdivided,  appraised,  and  sold  a  portion  of  the  lands     reserved 
lands,  not  exceeding  six  townships,  reserved  for  the  use  of  the  Meno- for  tbe  Menomo- 
monee  tribe  of  Indians,  in  the  county  of  Shaw  ana  w,  and  State  of  Wis-  wisconshTto  be 
cousin,  as  follows  :  The  said  lands  shall  be  appraised  by  two  or  more  appraised    and 
disinterested  appraisers,  to  be  selected  and  appointed  by  said  Secretary,  sold, 
in  eighty-acre  lots,  according  to  the  public  survey.     Such  appraisal    Appraisal      to 
shall  state  the  quality  of  the  soil,  the  quality,  quantity,  and  value  of  8tate  what- 
the  timber  growing  on  each  lot ;  and,  when  returned  to  the  land  office 
of  the  district  in  which  such  lands  are  situated,  shall  be  subject  to     To  be  subject 
public  inspection  for  at  least  sixty  days  before  the  »day  appointed  for  j°  Public  inspec- 
the  sale  of   said  lands,  as   hereinafter  provided.     One  copy  of  said 
appraisal  shall  be  made  and  returned  to  the  land  office  of  the  district    Where    to  be 
in  which  such  lands  are  situated  within  six  months  from  the  taking  returned, 
effect  of  this  act,  and  a  duplicate  thereof  to  the  Secretary  of  the  Interior ; 
and  the  persons  appointed  to  make  such  appraisal  shall  receive  such    Pay  of  apprais- 
compensation  for  their  services  as  may  be  fixed  by  the  Secretary  of  era- 
the  Interior. 

SEC.  2.  And  be  it  further  enacted,  That  the  lands  appraised  as  aforesaid     Such  lands  to 
shall  be  advertised  for  sale  by  notice  of  not  less  than  three  months,  to  be  advertised  for 
be  published  in  at  least  three  newspapers  of  the  said  district  having  auction^  p 
general  circulation,  and  shall  be  offered,  at  public  auction,  at  the  nearest    Notice  of  time 
Government  land  office  within  the  Green  Bay  agency,  to  the  highest  and  place  of  sale, 
bidder,  in  lots  of  not  exceeding  eighty  acres;  but  shall  not  be  sold  for     Mode  of  sale, 
less  than  the  appraised  value  thereof.    None  of  said  lands  shall  be  sub-     Not  subject  to 
ject  to  private  entry  until  the  same  shall  have  been  offered  as  aforesaid,  entry  until,  &c. 
and  then  only  at  the  price  fixed  by  such  appraisal.    All  of  said  lands    Lands    unsold 
remaining  unsold  at  the  expiration  of  one  year  after  they  shall  have to  b.e  aga.in  offer- 
been  offered  as  aforesaid  shall  be  again  advertised  and  offered,  at  public  e 
auction,  at  the  nearest  Government  land  office  within  the  Green  Bay 
agency,  at  not  less  than  the  minimum  of  one  dollar  and  twenty-five 
cents  per  acre,  and  thereafter  shall  be  subject  to  private  entry  at  the     When  subject 
latter  price,  and  shall  in  all  cases  be  sold  for  cash  only,  (a)  to  private  entry. 

SEC.  3.  And  he  it  further  enacted,  That  the  townships  thus  selected  for  cash  only 
sale  shall  be  in  a  compact  body,  and  consist,  if  practicable,  of  unoccupied  •  Lands  selected 
lands:  Provided,  That  such .  portions  of  the  same  as  maybe  occupied  for  sale  to  be  in  a 
and  improved,  if  any,  by  members  of  the  tribe,  not  exceeding  eighty  C0j1raactrb0°!jy0  d 
acres  to  each  settler,  shall  not  be  sold  without  the  consent  of  the  party  lands,  &c.,  not  to 
in  possession,  but  shall  be  valued  as  other  subdivisions,  the  appraisers  be  sold    unless, 
reporting  separately  the  value  of   the  improvements  thereon ;  which  -De- 
tracts may  then,  with  the  consent  of  the  occupants,  be  sold,  and  the 
price  of  the  improvements  paid  over  to  the  respective  occupants. 

SEC.  4.  And  he  it  further  enacted,  That  from  the  first  proceeds  of  the     Proceeds  of 

lie  of  lands,  as  hereinbefore  provided,  shall  be  paid  the  expenses  of  8ale1'.  ^.°.w  to  be 

irvey,  appraisal,  and  sale  thereof ;  and  the  residue  of  such  proceeds  ap 
shall  be  paid  to  or  funded  for  the  benefit  of  said  tribe,  in  such  manner  as 
the  President,  with  the  assent  of  the  chiefs  and  headmen  of  said  tribe, 
~ay  determine. 

SEC.  5.  And  be  it  further  enacted,   That  this  act  shall  be  and  remain     Act  to  be  inop- 

loperative,  as  to  the  first  five  sections  thereof,  until  full  and  satisiac-  erative  until,  &c. 

>ry  evidence  shall  have  been  placed  on  the  files  of  the  office  of  Coni- 
19  L  O — VOL  II   ' 


290  WISCONSIN. 

missioner  of  Indian  Affaire  that  the  sales  herein  authorized  have  the 
sanction  of  the  tribe,  evidenced  by  orders  or  agreement  taken  in  fnll 
council. 

(a)  See  Xos.  389,  599,  601,  610,  616,  626,  627,  629,  630,  035,  644,  649,  650,  654    656  659 
663,  667,  679,  686,  694. 


March  3,  lc-71.    IVo.  681.— AX  ACT  granting  the  right  of  way  to  the  Green  Bay  and  Lake  Pepin 
Vol  16,  p.  5-ti.      3  tail  way  Company  for  its  road  across  the  Oneida  reservation,  in  the  State  of  Wis- 


.       of  way     Be  it  enacted,  <$-c.,  That  the  Green  Bay  and  Lake  Pepin  Railway  Com- 
acrossthe  Oneida  pany  be,  and  is  hereby,  authorized  to  build  and  maintain  its  railway 
granted Vto    the acr°88  the  Oneida  reservation,  in  the  State  of  Wisconsin,  and  to  take 
GIX-LU  Bay  and  sufficient  land,  not  more  than  a  strip  one  hundred  feet  in  width,  for 
Lake  Pepin  Rail-  the  purposes  of  said  railway,  in  accordance  with  and  subject  to  the 
road  Company,     conditions  of  .an  agreement  made  by  the  chiefs  and  headmen  of  the 
Oneida  tribe  of  Indians,  on  the  twenty-third  day   of  May,  eighteen 
hundred  and  seventy,  approved  by  and  on  file  with  the  Secretary  of  the 
Interior,  (a) 

(a)  See  Xos.  544,  644,  654,  658,  659,  662,  666,  672,  675,  676, 685,  689,  692,  695. 


March  1,  1872.    IVo.  682.— AX  ACT  extending  the  time  for  the  completion  of  the  Green  Bay  and 
Vol.  17,  p.  32.  Sturgeon  Bay  and  Lake  Michigan  ship  canal,  in  the  State  of  Wisconsin. 


Time  for  com-     J>c  it  enacted  <fc.,  That  the  time  for  the  completion  of  the  Green  Bay 
pleting   Green  an(i  Sturgeon  Bay  and  Lake  Michigan  ship  canal  be,  and  the  same  is 
canal  extended    nerell)y>  extended  to  the  tenth  day  of  April,  anno  Domini  eighteen  hun- 
dred and  sevehty.-four.  (a) 
(a)  See  Xos.  665,  691. 

April  24,  1872.    No.  6S3 — AX  ACT  to  extend  the  time  for  the  completion  of  the  military  road  from 
Vol.  17  p  56.         Fort  Wilkins,  at  Copper  Harbor,  in  the  State  of  Michigan,  to  Fort  Howard,  at  Green 
Bay,  in  .the  State  of  Wisconsin. 


[See  MICHIGAN,  No.  571.] 


May  9,  1672.       No.  684.— AX  ACT  to  extend  the  time  of  payment  for  their  lands  by  persons  hjl  cling 
Vol.  17,  p.  88.        pre-emptions  on  the  public  lauds  in  the  States  of  Minnesota,  Wisconsin,  and  Michi- 
gan, and  Territory  of  Dakota. 


[See  MINNESOTA,  No.  1898.  j 


May  23,  1872.      No.  685.— AX  ACT  to  authorize  the  Chicago  and  Xorthwestern  Railway  Company 
Vol.  17,  p.  160.  to  change  their  projected  line  of  railway  in  the  State  of  Michigan. 

[See  MICHIGAN,  No.  573  ] 


"May  a»,  1H72.      IVo 
Vol.  17,  p.  165. 


and  for  other  purposes. 

tf  *  If  X  »  9  ft 

Certain  Chip-  SEC.  8.  That  with  the  consent  and  concurrence  of  those  bands  of  the 
pewa  Indians,  Cbippewa  Indians  of  Lake  Superior,  located  on  Lac  de  Flambeau  and 
with  their  con-  oll  Lac  conrt  Orielles,  and  also  of  the  Fond  du  Lac  bandjkof  said  Indians, 
movedfrom their  expiessed  in  open  council  in  the  usual  manner,  the  Secretary  of  the  In- 
lands and  located  tenor  be.  and  hereby  is,  authorized  to  remove  the  said  bands  of  Indians 
anew.  .  iroin  the  tracts  of  lands  which  were  set  apart  for  them  respectively  and 

withheld  from  sale  for  their  use,  in  accordance  with  the  third  and  fourth 
clauses  of  the  second  article  of  the  treaty  between  the  United  States  and 
the  Chippewa  Indians  of  Lake  Superior  and  the  Mississippi,  concluded 
September  thirtieth,  eighteen  hundred  and  fifty-four,  and  to  locate  said 
bauds  of  Indians  upon  the  tract  of  land  set  apart  by  the  second  clause 
of  said  article  for  the  La  Pointe  band  of  said  Chippewa  Indians. 
Vacant    lands     The  lands  rendered  vacant  under  the  preceding  section  of  this  act  shall 
to  l)i'  appraised,  j^  apprai8ed  by  three  competent  commissioners,  one  of  whom  shall  be  the 
°m<      United  States  agent  for  the  said  Chippewa  Indians,  and  the  other  two 


WISCONSIN.  291 

ill  be  appointed  by  the  Secretary  of  the  Interior,  with  the  approval 
of  the  President.     Should  there  be  upon  any  of  the  lands  to  be  thus  ap- 
praised any  improvements  made  by  or  for  the  Indians,  or  for  Government     Improvements, 
purposes,  the  said  commissioners  shall  appraise  the  said  improvements 
separately.  After  the  said  lands  shall  have  been  appraised,  as  herein  pro-     After  appraise- 
vided,  the  Secretary  of  the  Interior  shall  be,  and  hereby  is,  authorized  to  ment  lands  to  be 
offer  the  same  at  public  sale  to  the  highest  bidder,  in  tracts  not  exceeding  g^re|cat  p 
one  hundred  and  sixty  acres  each,  at  such  place  in  the  congressional  dis-        ' 
trict  in  which  said  lands  are  situated  as  may  be  designated  by  the  Secre- 
tary of  the  Interior,  ninety  days'  notice  of  which  shall  be  given  by  adver- 
tisement in  at  least  three  newspapers  of  general  circulation  published  in 
said  congressional  district ;  and  if  not  sold  at  public  sale,  it  may  be  sold  in     If  not  sold  at 
tracts  of  not  exceeding  one  hundred  and  sixty  acres  to  one  person,  at  not  public  sale,  how 
less  than  the  appraised  value,  and  upon  payment  therefor  to  cause  patents         disposed  of. 
in  the  usual  form  to  be  issued  to  said  purchaser  or  purchasers  for  said 
lands :  Provided,  That  no  bid  for  separate  tracts  shall  be  accepted  which    Bids  for    less 
may  be  less  than  the  appraised  value  of  such  tract,  including  the  im-  th»n     appraised 
provements,  if  any,  thereon  :  And  provided  further,  That  bids  for  tracts  ™l^ot  to  be 
having  improvements  upon  them  shall  state  the  price  for  both  the  land     improvements, 
and  the  improvements.     The  proceeds  of  such  sales  shall  be  invested  or    P  r  o  c  eeds  of 
expended  for  the  benefit  of  the  Indians  interested,  in  such  manner  as  the  sales,  how  to  be 
Secretary  of  the  Interior,  subject  to  the  approval  of  the  President,  m,ay  in 
direct,  (a) 

The  commissioners  to  be  appointed  by  the  Secretary  of  .the  Interior)    Pay    of    com- 
under  the  provisions  of  this  act,  shall  receive  compensation  for  their  missioners. 
services  at  the  rate  of  six  dollars  for  each  day  actually  engaged  in  the 
duties  herein  designated,  in  addition  to  the  amount  paid  by  them  for 
actual  travelling  and  other  necessary  expenses. 

The  sum  of  seventy-five  thousand  dollars,  or  so  much  thereof  as  may     Appropriate  n 
be  necessary,  be,  and  hereby  is,  appropriated,  out  of  aliy  moneys  in  the  for  expenses  of 
Treasury  not  otherwise  appropriated,  to  be  expended  under  the  direc- a  pdp  r  f  * s  ement 
tion  of  the  Secretary  of  the  Interior,  for  the  appraisement  and  sale  of  the 
said  reservations  and  for  the  removal  and  establishment  of  said  Indians, 
as  hereinbefore  provided,  the  sum  so  expended  to  be  reimbursed  from     Sum  to  be  re- 
the  proceeds  of  the  sales  of  the  lands  of  said  Indians  authorized  by  this  imbursed. 
act. 

(a)  SeeNos.  389,  599,  601,  610,  616,  626,  627,629,630,635,644,649,650  654  656  659  663 
667,  679,  680,  694. 

687.— AN  ACT  relative  to  homestead  settlers  burned  out  in  the  States  of  Min-     June  8,  1872. 
nesota,  Wisconsin,  and  Michigan.  Vol.  17,  p.  337. 

[See  MINNESOTA,  No.  1900.] 

No.  688. — AN  ACT  in  relation  to  mineral  lands.  Feb.  18  1873. 

>Iines  of  iron  and  coal  and  mineral  lands  in  Wisconsin,  &c.,  not  in-    YoL  17'  P-  465- 
eluded  in  act  of  1872.    See  MICHIGAN,  No.  577.] 


No.  6S9.— AN  ACT  to  quiet  the  title  to  the  lands  of  the  settlers  on  lands  claimed     March  3  1873 
by  the  West  Wisconsin  Railway  Company.  Vol.  nt  p.  634. 

Whereas,  by  the  neglect  of  the  Commissioner  of  the  General  Land  — — 
)mce  to  have  the  lands  withdrawn  from  market  embraced  in  the  grant    ' 
of  lands  from  the  town  of  Pomah  to  the  city  of  Hudson,  in  the  State  of 
Wisconsin,  as  soon  as  the  West  Wisconsin  Railway  Company  (to  which 
company  the  said  grant  belongs)  had  finally  located  its  road  and  filed 
the  map  of  such  location,  a  large  amount  of  lands— about  twenty  thou- 
sand acres— were  taken  up  under  the  homestead  laws  and  otherwise 
entered:  Therefore, 

Be  it  enacted,  fa,  That  provided  said  West  Wisconsin  Railway  Com-     The  West  Wis- 
pany  shall  waive  and  release  all  claims  to  any  lands  taken  up  under  the  consin    Railway 
homestead  laws  or  otherwise  entered  after  the  final  location  of  their  c  ^ p  any  ma/ 
road,  as  aforesaid,  it  shall  be  lawful  for  said  company  to  make  up  any  Sency^Fn    their 
ich  deficiency  in  their  grant,  not  however  to  exceed  twenty  thousand  land  grant,  from, 
acres,  from  the  vacant  odd-numbered  sections  from  the  southeastern  &c- 
part  or  portion  of  the  indemnity  limits  of  the  former  grant  for  the 
branch  roads  from  the  said  city  of  Hudson  to  Lake  Superior,  (a) 

(a)  See  Nos.  544,  644,  654,  658,  659,  662,  666,  672,  675,  676,  681,  685,  692,  695. 


292  WISCONSIN. 

March  3,  1873.    No.  690.— AX  ACT  confirming  the  title  of  Louis  Grignon  to  a  certain  tract  of  land 
Vol.  17,  p.  789.  at  Green  Bay,  "Wisconsin. 


•ignon  to  cer-  of  land  at  Green  Bay,  Wisconsin,  situated  in  township  twenty-four 
in     land     in  north,  of  range  twenty  east  of  the  fourth  principal  meridian,  lying  on 


Title  of  Louis     Beit  enacted,  fa.,  That  the  claim  of  Louis  Grignon,  to  a  certain  tract 
Grij 
tai 

Wisconsin.  (the  west  bank  of  Fox  River,  between  the"  claim"  of  Alexis  Gafdapier, 
'as  confirmed  and  finally  surveyed,  and  the  claim  of  said  Louis  Grignon, 
as  surveyed  and  patented,  (said  tract  having  been  excluded  from  the 
final  survey  of  the  said  claim  of  Louis  Grignon  because  within  the 
former  Fort  Howard  military  reservation,)  be,  and  the  same  is  hereby, 
confirmed,  and  the  Commissioner  of  the  General  Land  Office  is  hereby 
authorized  to  cause  the  said  tract  of  land  to  be  surveyed  at  the  expense 
of  the  parties  in  interest,  and  to  issue  a  patent  therefor  in  favor  of  the 
said  Louis  Grignon,  subject  to  such  legal  transfers  or  assignments  as 
may  have  been  made  by  him  or  by  his  heirs  or  assigns  according  to  the 
provisions  of  the  fifth  section  of  the  act  of  Congress  approved  February 
twenty-first,  eighteen  hundred  and  twenty-three,  entitled  "An  act  to 
revive  and  continue  in  force  certain  acts' for  the  adjustment  of  land 
claims  in  the  Territory  of  Michigan ; "  such  survey  and  patent  to  be 
held  as  a  relinquishmeut  on  the  part  of  the  United  States,  and  as  in  no 
way  impairing  any  valid  adverse  rights,  if  such  exist,  (a) 

(a)  See  Xos.  464,  466,  595,  596,  638,  645,  646,  652,  655,  670. 


March  7,  1874.    NO.  691.— AX  ACT  extending  the  time  for  the  completion  of  the  Green  Bay  and 
Vol.  18,  p.  20.  Sturgeon  Bay  and  Lake  Michigan  ship  canal,  in  the  State  of  Wisconsin. 

Green Bay,&c.,     Be  it  enacted,  4'-c.,  That  the  time  for  the  completion  of  the  Green  Bay 
ship  canal.  an(i  sturgeon  Bay  and  Lake  Michigan  ship  canal  be,  and  the  same  is 

Time  for  com- hereby,  extended  to  the  tenth  day  of  April,  eighteen  hundred  and 
pletion  extended,  seventy-six,  (a) 

(a)  See  Xos.  665,  662. 

April  9,  1874.     No.  692.— AX  ACT  to  extend  the  time  for  completing  the  Wisconsin  Central  Eail- 
Vol.  18,  p.  28.  road  in  Wisconsin. 


Extension  of  Be  it  enacted,  £c.,  That  the  time  specified  in  the  ninth  section  of  the 
time  for  complet- act  of  Congress  approved  May  fifth,  eighteen  hundred  and  sixty-four, 
Central  ifaTl^  en-titled  "An  act  granting  lands  to  aid  in  the  construction  of  certain 
road.  railroads  in  the  State  of  Wisconsin,"  for  the  completion  of  the  road 

mentioned  in  the  third  section  of  said  act,  and  for  the  reversion  to  the 
United  States  of  the  lands  granted  by  said  act,  to  aid  in  the  construc- 
tion of  said  road,  be,  and  the  same  is  hereby,  extended  until  the  thirty- 
first  day  of  December,  eighteen  hundred  and  seventy-six,  (a) 

(a)  See  Xos.  544,  644,  654,  658,  659,  662,  666,  672,  675,  676,  681,  685,  6t9,  695. 


June  22,  1874.     No.  693.— AX  ACT  making  appropriations  for  the  current  and  contingent  expenses 

Vol.  18,  p.  174.      of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  various  Indian 

tribes,  for  the  year  ending  June  30,  1875,  and  for  other  purposes. 

******* 

Secretary  of     For  this  amount,  to  enable  the  Secretary  of  the  Interior  to  carry  out 
the    Interior  to  the  provisions  of  the  fourth  section  of  the  act  entitled  "An  act  for  the 
br-ddU  iSSck'relief  of  the  Stockbridge  and  Munsee  tribe  of  Indians  in  the  State  of 
see  tribe  of  in- Wisconsin,"  approved  February  sixth,  eighteen  hundred  and  seventy- 
dians  with  stipu-  one,  by  causing  to  be  credited  to  said  tribe  the  estimated  value,  at 
lated     price    of  8jxty  cents  an  acre,  of  eleven  thousand  eight  hundred  and  three  acres 
SJSSJ*1  of  land  remaining  unsold  of  the  two  townships  referred  to  in  said  act: 
Proviso.         '   Provided,  That  the  expenses  of  enrollment  and  payment  required  by  the 
provisions  of  said  act  shall  be  defrayed  from  the  amount  hereby  appro- 
priated, seven  thousand  and  eighty-one  dollars  and  eighty  cents,  (a) 
*  *  *  *  *  *  * 

(a)  See  Xos.  617,  621,  663,  664,  669,  674,  679. 


WISCONSIN.  293 

No.  094.— AN  ACT  relating  to  the  disposition  of  certain  lands  to  be  reclaimed  in  Dec.  21,  1874. 

sections  fourteen,  twenty-three,  and    twenty-six;   in  township   sixteen  north,  of  Vol.  18,  p.  293. 
rau^e  twenty,  in  the  county  of  Sheboygan,  in  the 'State  of  Wisconsin. 


Be  it'enacted,  #c.,  That  so  much  of  the  bed  of  the  marsh  or  pond  in  sec-     Release  of  cer- 
tions  fourteen,  twenty-three,  and  twenty-six,  in  township  sixteen  north,  ]5mstob™  y  e  an 
of  range  twenty  east  of  the  fourth  principal  meridian,  in  the  county  of  county,  Wiscon- 
Sheboygan,  in  the  State  of  Wisconsin,  as  shall  or  may  be  reclaimed  by  sin,  at  '$1.25  per 
draining  the  water  from  the  same,  shall  be  owned  and  held,  so  far  as  acre,  when  drain- 
any  rights  or  interests  of  the  United  States  are  concerned,  by  the  owners  e"- 
of  the  lands  abutting  upon  said  marsh  or  pond,  and  draining  the  same 
to  the  centre  or  thread  thereof,  and  divided  among  the  several  owners 
adjoining  and  abutting  said  marsh  or  pond,  according  to  the  rules  of 
law,  upon  payment  by  said  adjoining  owners  into  the  Treasury  of  the     . 
United  States  of  one  dollar  and  twenty-five  cents  per  acre  for  the  amount 
of  land  that  has  been  or  may  be  so  reclaimed,  (a) 

(a)  See  Nos.  389,  599,  601,  610,  616,  626,  627,  629,  630,  635,  644,  649,  650,  654,  656, 659,  663,667, 
679,  680,  686. 

No.  695.— AN  ACT  authorizing  the  Wisconsin  Central   Railroad    Company  to     March  3,  1875. 
straighten  the  line  of  their  road.  Vol.  18,  p.  511. 

Be  it  enacted,  <$-c.,  That  the  consent  and  approval  of  Congress  are     WisconsinCen- 
hereby  given  to  the  Wisconsin  Central  Railroad  Company  to  build  that  tral  Eailroad 
portion  of  their  road  which  lies  between  Portage  City  and  Stevens  Point  ciSeBne.  "^ 
on  the  line  adopted  by  the  act  of  the  legislature  of  Wisconsin,  approved 
February  tenth,  eighteen  hundred  and  seventy-five,  instead  of  the  line 
adopted  by  the  act  of  the  legislature  of  Wisconsin,  April  ninth,  eigh- 
teen hundred  and  sixty-six,  chartering  the  Portage  and  Superior  Rail- 
road Company :  Provided,  That  no  portion  of  the  lands  belonging  to     Lands  outside 
said  grant  situated  south  of  Stevens  Point,  and  which  may  be  found  °|  ten  miles  limit 
outeide  of  the  ten-mile  limits,  measured  from  the  modified  line  of  said  Ol 
road,  shall  pass  to  said  company  under  its  grant,  but  such  lands  shall 
revert  to  the  United  States  and  become  part  of  the  public  domain,  to 
be  disposed  of  as  other  public  lands,  and  the  acceptance  of  the  pro- 
visions of  this  act  by  said  company  shall  be  held  to  be  a  relinquishment 
of  the  same  j  And  provided  further,  That  this  act  shall  not  be  construed    No  new  grant 
as  increasing  said  grant,  or  as  granting  to  said  company  and  [any]  lands  by tlli8  act- 
whatever,  (a) 

(a)  See  Nos.  544, 644, 654,  658, 659, 662,  666, 672,  675,  676, 681, 685, 689, 692. 


; 


696.— AN  ACT  granting  to  the  city  of  Stqvens  Point,  Wisconsin  a  certain  piece     March  2, 1877. 
of  land.  Vol.  19,  p.  270. 

Whereas,  there  is  situated  in  the  Wisconsin  River,  within  the  city  of  preambie 
;evens  Point,  Wisconsin,  a  small  island  containing  less  than  one  square 
acre  of  land,  which  has  for  many  years  been  used  for  the  storage  of  pow- 
der and  other  combustible  or  inflammable  goods,  and  the  people  of  said 
city  are  desirous  that  the  said  island  be  granted  to  the  city  for  that  pur- 
pose :  Therefore, 

Be  it  enacted,  <$*c.,  That  the  Commissioner  of  the  General  Land  Office     Stevens  Point, 
the  United  States  be,  and  he  is  hereby,  instructed  to  ca.use  to  be  pat-  "Wis.,  to  have 
ted  to  the  city  of  Stevens  Point,  Wisconsin,  the  following  describedgf^Jf"    cer' 
iece  of  land,  to  wit,  the  island  in  the  Wisconsin  River,  within  the 
"rporate  limits  of  the  city  of   Stevens  Point,  Wisconsin,  in  section 
irty-one,  township  numbered  twenty-four  north,  in  range  eight  east, 
the  fourth  principal  meridian  in  said  State. 


697.— AN  ACT  to  authorize  the  issue  of  a  patent  of  certain  lands  in  the  Broth-  April  20,  1878. 
evtown  reservation,  in  the  State  of  Wisconsin,  to  the  persons  selected  by  the  Broth-  Vol.  20.  p.  513. 
c:  town  Indians.  


lie  it  •enacted t  #c.,  That  the  Commissioner  of  the  General  Land  Office     Brothertown 
i,  and  he  is  hereby,  authorized  to  give  full  title  to  the  Broth ertown  Indians. 
idians  of  all  the  township  of  land,  containing  twenty-three  thousand  Ce7tain  lands  to 
id  forty  acres  of  land,  lying  on  the  east  side  of  Winnebago  Lake,  in 
le  State  of  Wisconsin,  which,  by  the  provision  of  a  treaty  made  with 
le  Menomonee  Indians,  on  the  seventeenth  day  of  February,  eighteen 
nindred  and  thirty-one,  and  ratified  on  the  ninth  day  of  July,  eighteen 


294  WISCONSIN. 

hundred  and  thirty- two,  was  reserved  for  the  use  of  the  Brothertown 
Indians,  and  which,  by  a  subsequent  treaty  with  the  Menomonees,  bear- 
ing date  October  twenty-seventh,  eighteen  hundred  and  thirty-two, 
and  ratified  the  thirteenth  day  of  March,  eighteen  hundred  and  thirty- 
three,  was  further  secured  to  the  Brothertown  Indians,  the  right  to 
have  the  same  partitioned,  divided  and  held  by  them  separately  and 
severally  in  fee-simple. 

Patent  to  be  is-     SEC.  2.  That  for  such  purpose,  the  Commissioner  of  the  General  Land 
sued  to  trustees.  Office  is  hereby  fully  directed,  empowered,  and  authorized  to  make  and 
issue  a  patent  of  all  the  lands  contained  in  said  township  which  are 
now  unpatented  to  Laton  Dick,  senior,  Lucius  S.  Fowler,  David  Fowler, 
and  Orrin  G.  Johnson,  residents  of  Brothertown,  Calumet  County,  and 
State  of  Wisconsin,  and  members  of  the  Brothertown  tribe,  in  trust  for 
Lands  may  be  the  Brothertown  Indians :  Provided,  however,  That  said  lands,  or  any 
part  thereof,  shall  be  sold  by  said  trustees  whenever  a  majority  of  said 
Brothertown  tribe  shall  petition  for  the  same  ;  such  sale  to  be  made  at 
At  public  aucr  public  auction  and  to  the  highest  and  best  bidder  in  cash  therefor,  after 
tion-  first  giving  sixty  days'  notice  of  such  sale  by  advertisement  in  some 

Advertisement,  newspaper  published  in  Calumet  County,  State  of  Wisconsin  ;  such  ad- 
vertisement to  state  the  time  and  place  of  sale,  the  terms  of  sale,  and  a 
Distribution  of  description  of  the  land  to  be  sold.    And  the  said  trustees  shall  distri- 
proceeds.  bu.te  and  pay  over  the  proceeds  arising  from  such  sale  or  sales  to  the 

Brothertown  Indians,  according  to  the  former  usages,  customs,  and 
regulations  of  said  tribe,  (a) 

(a)  See  No.  611. 


LOUISIANA. 


No.  698,— A~N  ACT  to  enable  the  President  of  the  United  States  to  take  possession  Oct.  31, 1803. 
of  the  territories  ceded  by  France  to  the  United  States,  by  the  treaty  concluded  at  Vol.  2,  p.  245. 
Paris,  on  the  thirtieth  of  April  last ;  and  for  the  temporary  government  thereof . 


Be  it  enacted,  <$-c.,  That  the  President  of  the  United  States  be,  and  he    Louisiana  to  be 
is  hereby  authorized  to  take  posession  of,  and  occupy  the  territory  ceded  taken  possession 
by  France  to  the  United  States,  by  the  treaty  concluded  at  Paris,  on  the  Jjentoi !  the  Uni- 
thirtieth  day  of  April  last,  between  the  two  nations  ;  and  that  he  may  ted  States, 
for  that  purpose,  and  in  order  to  maintain  in  the  said  territories  the  au-    Authority  of 
thority  of  the  United  States,  employ  any  part  of  the  Army  and  Navy  of  theUnited  States 
the  United  States,  and  of  the  force  authorized  by  an  act  passed  the  third  J^^JS. 
day  of  March  last,  intituled  "An  act  directing  a  detachment  from  the    Act  of  March 
militia  of  the  United  States,  and  for  erecting  certain  arsenals,"  which 3, 1803.   Appro- 
he  may  deem  necessary :  and  so  much  of  the  sum  appropriated  by  the  priations. 
said  act  as  may  be  necessary,  is  hereby  appropriated  for  the  purpose  of 
carrying  this  act  into  effect ;  to  be  applied  under  the  direction  of  the 
President  of  the  United  States. 

SEC.  2.  And  ~be  it  further  enacted,  That  until  the  expiration  of  the  All  the  military, 
present  session  of  Congress,  unless  provision  for  the  temporary  gov-civil'amlJu^i.cia| 
ernment  of  the  said  territories  be  sooner  made  by  Congress,  all  the  mili-  by^8  officer?  of 
tary,  civil  and  judicial  powers,  exercised  by  the  officers  of  the  existing  the  existing  gov- 
government  of  the  same,  shall.be  vested  in  such  person  and  persons,  and  eminent  to  be 
shall  be  exercised  in  such  manner,  as  the  President  of  the  United  States  exercised  as  the 
shall  direct  for  maintaining  and  protecting  the  inhabitants  of  Louisiana  a  j^c  t  for^thJ 
in  the  free  enjoyment  of  their  liberty,  property  and  religion,  (a)  protection  of  th« 

(a)  See  Nos.  699, 702,  707,  709,  714,  715,  762.  inhabitants. 


No.  699.— AN  ACT  erecting  Louisiana  into  two  Territories,  and  providing  for  the      March  26, 1804. 
temporary  government  thereof.  Vol.  2,  p.  283. 

Be  it  enacted,  #c.t  That  all  that  portion  of  country  ceded  by  France  to     Lands  south  of 
the  United  States,  under  the  name  of  Louisiana,  which  lies  south  of  the  the  Mississippi 
Mississippi  Territory,  and  of  an  east  and  west  line  to  commence  on  the  Territory  in  Lau- 
Mississippi  River,  at  the  thirty- third  degree  of  north  latitude,  and  to  Terrftory1  of  Or- 
extend  west  to  the  western  boundary  of  the  said  cession,  shall  constitute  leans.    * 
a  Territory  of  the  United  States,  under  the  name  of  the  Territory  of  Or- 
leans. 

*  *  #  *  #  •*  # 

SEC.  12.  The  residue  of  the  province  of  Louisiana,  ceded  to  the  United.     The  remaining 
States,  shall  be  called  the  District  of  Louisiana,        *        *        *        *        part  of  Louisiana 

SEC.  14.  And  1)6  it  further  enacted,  That  all  grants  for  lands  within  the  Jjjg,,?  seParate 
territories  ceded  by  the  French  Republic  to  the  United  States,  by  the     certain  grants 
treaty  of  the  thirtieth  of  April,  in  the  year  one  thousand  eight  huii-  for  lands  in  the 
dred  and  three,  the  title  whereof  was,  at  the  date  of  the  treaty  of  St.  territories  coded 
Ildefonso,  in  the  crown,  government  or  nation  of  Spain,  and  every  act  *°t  ™.ee  ~  ^^J 
and  proceeding  subsequent  thereto,  of  whatsoever  nature,  towards  the  werein  the  crown 
obtaining  any  grant,  title,  or  claim  to  such  lands,  and  under  whatso-  of  Spain  at  the 
ever  authority  transacted,  or  pretended,  be,  and  the  same  are  hereby  time  of  the  treaty 
declared  to  be,  and  to  have  been  from  the  beginning,  null,  void,  and  of  Seolwed  voi<l.n8< 
no  effect  in  law  or  equity.   Provided,  nevertheless,  that  any  thing  in  this    proviso, 
section  contained  shall  not  be  construed  to  make  null  and  void  any     Grants  to  ao« 
bona-fide  grant,  made  agreeably  to  the  laws,  usages  and  customs  of  the  toal  settlers  ex- 
Spanish  Government  to  an  actual  settler  on  the  lands  so  granted,  fOrceptetK 
himself,  and  for  his  wife  and  family ;  or  to  make  null  and  void  any 
bona-fide  act  or  proceeding  done  by  an  actual  settler  agreeably  to  the 
laws,  usages  and  customs  of  the  Spanish  Government,  to  obtain  a  grant 
for  lands  actually  settled  on  by  the  person  or  persons  claiming  title 
thereto,  if  such  settlement  in  either  case  was  actually  made  prior  to  the 
twentieth  day  of  December,  one  thousand  eight  hundred  and  three : 
And  provided  further,  that  such  grant  shall  not  secure  to  the  grantee  or    Proviso. 

295 


2^6  LOUISIANA. 

Limitation    of  liis  assigns  more  than  one  mile  square  of  land,  together  with  such  other 
such  grants.         ;liui  farther  quantity  as  heretofore  hath  been  allowed  for  the  wife  and 
f.jrnily  of  such  actual  settler,  agreeably  to  the  laws,  usages  and  cus- 
Prohibition  of  toins  of   the  Spanish  Government.    And  that  if   any  citizen  of   the 
settlements  on  United  States,  or  other  person,  shall  make  a  settlement  on  any  lands 
United  States       1)elonging  to  the  United  States,  within  the  limits  of  Louisiana,  or  shall 
survey,  or  attempt  to  survey,  such  lands,  or  to  designate  boundaries  by 
marking  trees,  or  otherwise",  such  offender  shall,  on  conviction  thereof, 
in  any  court  of  record  of  the  United  States,  or  the  Territories  of  the 
United  States,  forfeit  a  sum  not  exceeding  one  thousand  dollars,  and 
suffer  imprisonment  not  exceeding  twelve  months;  and  it  shall,  more- 
over, be  lawful  for  the  President  of  the  United  States  to  employ  such 
military  force  as  he  may  judge  necessary  to  remove  from  lands  belong- 
ing to  the  United  States  any  such  citizen  or  other  person,  who  shall 
attempt  a  settlement  thereon.  (6) 

President  au-     SEC.  15.  The  President  of  the  United  States  is  hereby  authorized  to 
tborized  to  enter  stipulate  with  any  Indian  tribes  owning  lands  on  the  east  side  of  the 
a^reement^wtth  Mississippi*  and  residing  thereon,  for  an  exchange  of  lands,  the  prop- 
t£e  Indium  tribes,  ertv  °f  tlie  United  States,  on  the  west  side  of  the  Mississippi,  in  case 
owning  lands  on  the  said  tribes  shall  remove  and  settle  thereon ;  but  in  such  stipulation, 
the  east  side  of  the  said  tribes  shall  acknowledge  themselves  to  be  under  the  protection 
ssippi.  of  the  United  States,  and  shall  agree  that  they  will  not  hold  any  treaty 
with  any  foreign  power,  individual  State,  or  with  the  individuals  of 
any  State  or  power;  and  that  they  will  not  sell  or  dispose  of  the  said 
lands,  or  any  part  thereof,  to  any 'sovereign  power,  except  the  United 
States,  nor  to  the  subjects  or  citizens  of  any  other  sovereign  power,  nor 
to  the  citizens  of  the  United  States.     And  in  order  to  maintain  peace 
and  tranquillity  with  the  Indian  tribes  who  reside  within  the  limits  of 
The  act  to  reg-  Louisiana,  as  ceded  by  France  to  the  United  States,  the  act  of  Con- 
ulate  trade.  <fcc.,  gre88,  passed  on  the  thirtieth  day  of  March,  one  thousand  eight  hun- 
peace  Pon8ethedred  and  two»  intituled  "An  act  to  regulate  trade  and  intercourse  with 
frontiers,  extend- the  Indian  tribes,  and  to  preserve  peaqe  on  the  frontiers,"  is  hereby 
ed  to  the  terri-  extended  to  the  Territories  erected  and  established  by  this  act;  and  the 
tory   cede  d  by  sum  of  fifteen  thousand  dollars  of  any  money  in  the  Treasury  not  other- 
United  States       wise  appropriated  by  law,  is  hereby  appropriated  to  enable  the  Presi- 
dent of  the  United  States  to  effect  the  object  expressed  in  this  section. 
Limitation  of  a     SEC.  16.  The  act,  passed  on  the  thirty-first  day  of  October,  one  thou- 
former  and    the  sand  eight  hundred  and  three,  intituled  "An  act  to  enable  the  President 
the  United  States  to  take  possession  of  the  territories  ceded  by 
France  to  the  United  States,  by  the  treaty  concluded  at  Paris,  on  the 
thirtieth  day  of  April  last,  and  for  the  temporary  government  thereof," 
Ti  is  act  to  be  shall  continue  in  force  until  the  first  day  of  October  next,  any  thing 
in  force  on  Octo-  therein  to  the  contrary  notwithstanding ;  on  which  said  first  day  of 
continue  for*  one  pctober,  this  act  shall  commence,  and  have  full  force,  and  shall  continue 
year.  in  force  for  and  during  the  term  of  one  year,  and  to  the  end  of  the  next 

session  of  Congress  which  may  happen  thereafter. 

(a)  See  Xos.  698,  702,  707,  709, 714,  715,  762. 

(6)  See  Xos.  701,  703,  704,  705,  708,  710,  712.  716,  718,  721,  722,  723,  724,  728,  731,  732,  737, 

73?,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863, 864,  873,  889,  899, 

904,  911,  946, 956,  957, 961,  967. 

March  27, 1804.  No.  700.— AX  ACT  supplementary  to  the  act  intituled  "  An  act  regulating  the 
Vol.  2,  p.  303.         grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the  United  States,  south 
of  the  State  of  Tennessee. ! ' 


Major -General  SEC.  14.  And  be  it  further  enacted,  Tnat  Major-General  La  Fayette  be, 
La  Fayette  an-  an(j  ne  js  hereby  authorized  and  empowered  to  locate  and  survey  the 
hisl^cation^pon^11018  allowed  him  by  the  fourth  section  of  an  act,  intituled  "  An  act 
public  lands  in  to  revive  and  continue  in  force  an  act  in  addition  to  an  act,  intituled 
the  Territory  of  an  act  in  addition  to  an  act,  regulating  the  grants  of  laud  appropriated 
Orleans.  for  military  services,  and  for  the  Society  of  United  Brethren  for  propa- 

gating the^Gospel  among  the  Heathen,  and  for  other  purposes,"  on  any 
lands  the  property  of  the  United  States,  in  the  Territory  of  Orleans ; 
and  on  presenting  the  surveys  of  the  said  land  to  the  Secretary  of  the 
Treasury,  the  President  of  the  United  States  is  hereby  authorized  to 
issue  letters-patent  to  the  said  Major-General  La  Fayette  for  the  quan- 
tity of  lands  allowed  by  the  said  act.  (a) 

(a)  See  Xos.  32,  701,  704,  708,  74Sa,  869. 


LOUISIANA.  297 

No.  701.— AN  ACT  for  ascertaining  and  adjusting  the  titles  and  claims  to  land,     March  2,  1805. 
within  the  Territory  of  Orleans,  and  the  District  of  Louisiana.  Vol.  2.  p.  324. 


3 


Be  it  enacted,  <)'-c.,  That  any  person  or  persons,  and  the  legal  represent-  The  titles  of 
atives  of  any  person  or  persons,  who  on  the  first  day  of  October,  in  the  pei-sons  residing 
year  one  thousand  eight  hundred,  were  resident  within  the  territories  {Jtoi-ies  on  1st 
ceded  by  the  French  Republic  to  the  United  States,  by  the  treaty  of  Oct.,  1800,  who 
the  thirtieth  of  April,  one  thousand  eight  hundred  and  and  three,  and  held  lands  under 
who  had  prior  to  the  said  first  day  of  October,  one  thousand  eight  hun-  ?I}eDchr  5rtfpaf " 
dred,  obtained  from  the  French  or  Spanish  Governments  respectively,  ^i'chlhe Indian 
during  the  time  either  of  the  said  governments  had  the  actual  posses-  title  has  been  ex- 
sion  of  said  territories,  any  duly  registered  warrantor  order  of  survey  tinsuished,  and 
for  lauds  lying  within  the  said  territories  to  which  the  Indian  title  had  «S  or^oXfid 
been  extinguished,  and  which  were  on  that  day  actually  inhabited  andon  that  (iaypfor 
cultivated  by  such  person  or  persons,  or  for  his  or  their  use,  shall  be  or  by  these  per- 
confirmed  in  their  claims  to  such  lands  in  the  same  manner  as  if  their  sons,  confirmed, 
titles  had  been  completed  :  Provided  however,  That  no  such  incomplete  ]STo  such  incom- 
title  shall  be  confirmed,  unless  the  person  in  whose  name  such  warrant  plete  title  to  be 
or  order  of  survey  had  been  granted,  was  at  the  time  of  its  date,  either  ^e  ISoteewas 
the  head  of  a  family,  or  above  the  age  of  twenty-one  years  :  nor  unless  at  ^  cjate  tn(e 
the  conditions  and  terms  on  which  the  completion  of  the  grant  might  head  of  a  family, 
depend,  shall  have  been  fulfilled.  °r  above  the  age 

SEC.  2.  And  be  it  further  enacted,  That  to  every  person,  or  to  the  legal  year^norunlJss 
representative  or  representatives  of  every  person,  who  being  either  the  foe  condition  of 
head  of  a  family,  or  twenty-one  years  of  age,  had  prior  to  the  twentieth  the  grant  shall 
day  of  December,  one  thousand  eight  hundred  and  three,  with  thej?ave  »een  ful- 

permissiou  of  the  proper  Spanish  officer,  and  in  conformity  with  the     Jf, ', 

,->,••,     ^»  t  i      VT  runts    to   S.G" 

laws,  usages  and  customs  of  the  Spanish  Government,  made  an  actual  tual  settlers  of 
settlement  on  a  tract  of  laud  within  the  said  territories,  not  claimed  by  the  lands  occu- 
virtue  of  the  preceding  section,  or  of  any  Spanish  or- French  grant  made  Pi.ed  by  them, 
and  completed  before  the  first  day  of  October,  o.ne  thousand  eight  hun-  Jin  of  improper 
dred,  and  during  the  time  the  government  which  made  such  grant  had  Spanish  officer, 
the  actual  possession  of  the  said  territories,  and  who  did  on  the  said  and  in  conform- 
twentieth  day  of  December,  one  thousand  eight  hundred  and  three,  jty  with  the 
actually  inhabit  and  cultivate  the  said  tract  of  laud  ;  the  tract  of  land  gj™ 
thus  inhabited  and  cultivated,  shall  be  granted :  Provided  however,  That  Xo  more  than 
not  more  than  one  tract  shall  be  thus  granted  to  any  one  person,  and  one  tract  to  be 
the  same  shall  not  contain  more  than  one  mile  square,  together  with  granted  to  such 
such  other  and  further  quantity,  as  heretofore  has  been  allowed  for  the  j^Txceed  o no 
wife  and  family  of  such  actual  settler,  agreeably  to  the  laws,  usages  mile  square, 
and  customs  of  the  Spanish  Government :  Provided  also.  That  this  dona-  This  donation 
tion  shall  not  be  made  to  any  person  who  claims  any  other  tract  of  land  JJ*  *J  be  mau® 
in  the  said  territories  by  virtue  of  any  French  or  Spanish  grant,  (a)  claims  any  other 

SEC.  3.  And  be  it  further  enacted,  That  for  the  purpose  of  more  conve-  under  a  French 
niently  ascertaining  the  titles  and  claims  to  land  in  the  territory  ceded  or  Spanish  grant, 
as  aforesaid,  the  Territory  of  Orleans  shall  be  laid  off  into  two  districts,  oriel's  to  belaid 
in  such  manner  as  the  President  of  the  United  States  shall  direct ;  in  off  into  two  jis. 
each  of  which,  he  shall  appoint,  in  the  recess  of  the  Senate,  but  who  tricts,  for  the  as- 
shall  be  nominated  at  their  next  meeting,  for  their  advice  and  consent,  certaiumeut  of 
a  register ;  who  shall  receive  the  same  annual  compensation,  give  se-  |Jnd 
cuiity  in  the  same  manner,  and  in  the  same  sums,  and  whose  duties  and  A  register  to 
Authorities  shall  in  every  respect  be  the  same  in  relation  to  the  lands  be  appointed  for 
'Inch  shall  hereafter  be  disposed  of  at  their  offices,  as  are  by  law  pro-  this  purpose  in 
ided  with  respect  to  the  registers  in  the  several  offices  established  for  eagjg  compensa. 
the  disposal  of  the  lands  of  the  United  States,  north  of  the  river  Ohio,  tion,  duties,  &c. 
and  above  the  mouth  of  Kentucky  River.  The  President  of  the  United  A'  recorder  of 
States  shall  likewise  appoint  a  recorder  of  land  titles  in  the  District  of land  titles  to  be 
Louisiana,  who  shall  give  security  in  the  same  manner,  and  in  the  same  ^Hana  *&»• 

ms,  and  shall  be  entitled  to  the  same  annual  compensation,  as  the  trict. 

gisters  of  the  several  land  offices.  (&)  .His  compensa- 

SEC.  4.  And  be  it  further  enacted.  That  every  person  claiming  lands  in  ti(^n'  &c-         . 

e  above-mentioned  territories,  by  virtue  of  any  legal  French  or  Spanish  inff  eSs  under 
_  ant,  made  and  completed  before  the  first  day  of  October,  one  thou-  French  or  Span- 
sand  eight  hundred,  and  during  the  time  the  government  which  made  ish  grants,  &c., 
such  grant  had  the  actual  possession  of  the  territories,  may,  and  every to  .have   th(1ei1I 
person  claiming  lands  in  the  said  territories,  by  virtue  of  the  two  first  &J: 
sections  of  this  act,  or  by  virtue  of  any  grant  or  incomplete  title,  bear- 
ing date  subsequent  to  the  first  day  of  October,  one  thousand  eight  hun- 
dred, shall,  before  the  first  day  of  March,  one  thousand  eight  hundred     Record    to  J36 
and  six,  deliver  to  the  register  of  the  laud  office,  or  recorder  of  land  titles,  JfJJ* t  DJJ!?  ^  f 
—ithin  whose  district  the  land  may  be,  a  notice  in  writing,  stating  the  March,  1806. 


298  LOUISIANA. 

nature  and  extent  of  his  claims,  together  with  a  plat  of  the  tract  or 
By  whom  the  tracts  claimed ;  and  shall  also,  on  or  before  that  day,  deliver  to  the  said 
foregoing  claims  register  or  recorder,  for  the  purpose  of  being  recorded,  every  grant,  order 
corded  ° aM  the  of  8nrvey>  deed,  conveyance,  or  other  written  evidence  of  his  claim  ;  and 
officer's  fees.         the  same  shall  be  recorded  by  the  register  or  recorder,  or  by  the  trans- 
lator herein  after  mentioned,  in  books  to  be  kept  by  them  for  that  pur- 
pose, on  receiving  from  the  parties  at  the  rate  of 'twelve  and  an  half 
cents  for  every  hundred  words  contained  in  such  written  evid. 
Where  lands  their  claim  :  Provided,  however,  That  where  lands  are  claimed  by  v 
are    claimed  by  of  a  complete  French  or  Spanish  grant  as  aforesaid,  it  shall  not  1>>  uec- 
pleteeFrench°™r  essary  for  tne  claimant  to  have  any  other  evidence  of  his  claim  recorded, 
Spanish     grant,  except  the  original  grant  or  patent,  together  with  the  warrant,  or  order 
no  other  evidence  of  survey,  and  the  plat ;  but  all  the  other  conveyances  or  deeds  shall  be 
of  the  claim  to  deposited  with  the  register  or  recorder,  to  be  by  them  laid  before  the 
the  original grant  commissioners  herein  after  directed  to  be  appointed,  when  they  shall 
or  patent.  Other  take  the  claim  into  consideration.    And  if  such  person  shall  neglect  to 
deeds  to  be  de-  deliver  such  notice  in  writing  of  his  claim,  together  with  a  plat  asafore- 
re^iste^r^idltdd  8a^'  or  cause  to  De  recorded  such  written  evidence  of  the  same,  all  his 
before  r'the  com-  rignt>  so  far  as  the  same  is  derived  from  the  two  first  sections  of  this 
missioners.  act,  shall  become  void,  and  for  ever  thereafter  be  barred  ;  nor  shall  any 

Failure  to  de-  incomplete  grant,  warrant,  order  of  survey,  deed  of  conveyance,  or  other 
tomio^d^'ufwork  wr^ten  evidence,  which  shall  not  be  recorded  as  above  directed,  ever 
forfeiture,  &c.  after  be  considered  or  admitted  as  evidence  in  any  court  of  the  United 
Register  an  d  States,  against  any  grant  derived  from  the  United  States.  The  said 
recorder  to  com-  register  and  recorder  shall  commence  the  duties  hereby  enjoined  on  them, 
tion°of  the\re<of-  on  or  before  tne  first  dav  of  September  next,  and  continue  to  discharge 
fices  on  or  before  the  same,  at  such  place  in  their  respective  districts,,  as -the  President  of 
the  1st  Septem-  the  United  States  shall  direct. 

ber.  1805.  gEC<  5.  jwrf  ie  it  further  enacted,  That  two  persons  to  be  appointed  by 

to  be^ppofnted  ?ae  Pre8ident  alone,  for  the  District  of  Louisiana,  and  two  persons  to  be 
for  the  District  of  in  the  same  manner  appointed  for  each  of  the  districts  directed  by  this 
Louisiana,  and  act  to  be  laid  off  in  the  Territory  of  Orleans,  shall,  together  with  the 
the  districts  to  register  or  recorder  of  the  district  for  which  they  may  be  appointed,  be 
thV^act  for1  as-  commissioners  for  the  purpose  of  ascertaining  within  their  respective 
certaining  land  districts,  the  rights  of  persons  claiming  under  any  French  or  Spanish 
titles,  &.c.  grant  as  aforesaid,  or  under  the  two  first  sections  of  this  act.  The  said 

commissioners  shall,  previous  to  their  entering  on  the  duties  of  their 
appointment,  respectively  take  and  subscribe  the  following  oath  or  affir- 
The  oath  of  of-  mation,  before  some  person  qualified  to  administer  the  same :  "  I 
m  tTake  do  6olemnly  swear,  (or  affirm,)  that  I  will  impartially  exer- 

cise and  discharge  the  duties  imposed  on  me  by  an  act  of  Congress,  in- 
tituled 'An  act  for  ascertaining  and  adjusting  the  titles  and  claims  to 
land  within  the  Territory  of  Orleans,  and  the  District  of  Louisiana.'  to 
Commissioners  the  best  of  my  skill  and  judgment."  It  shall  be  the  duty  of  the  said 
respective1  d  is'  commissioners  to  meet  in  their  respective  districts,  at  such  place  as  the 
tricts  at  such  President  shall  have  directed  therein,  for  the  residence  of  the  register  or 
places  as  may  be  recorder,  on  or  before  the  first  day  of  December  next,  and  they  shall  not 
the  residence  of  adjourn  to  any  other  place,  nor  for  a  longer  time  than  three  days,  until 
regi3ters*C&c7on  the  first  da^  of  Marcn»  one  thousand  eight  hundred  and  six,  and  until 
or  before  the  1st  they  shall  have  completed  the  business  of  their  appointment.  Each 
December,  and  board,  or  a  majority  of  each  board,  shall,  in  their  respective  districts, 
not  to  adjourn  have  power  to  hear  and  decide  in  a  summary  manner,  all  matters  re- 
have  ^nished  sPecting  such  claims,  also  to  administer  oaths,'  to  compel  the  attendance 
their  business,  of,  and  examine  witnesses,  and  such  other  testimony  as  may  be  adduced, 
Powers  of  the  to  demand  and  obtain  from  the  proper  officer  and  officers,  all  public 
boards  of  com-  records,  in  which  grants  of  land,  warrants,  or  orders  of  survey,  or  any 
mlTo10 administer  °*aer  evidence  of  claims  to  land,  derived  from  either  the  French  or 
oaths,  compel  the  Spanish  Governments,  may  have  been  recorded;  to  take  transcripts  of 
attendance  of  such  record  or  records,  or  of  any  part  thereof ;  to  have  access  to  all  other 
witnesses,  de- records  of  a  public  nature,  relative  to  the  granting,  sale,  transfer,  or 
reSSlsof  grants  titles  of  Iand8>  ^thin  their  respective  districts  ;  and  to  decide  in  a  suni- 
of  laud.  mary  way,  according  to  justice  and  equity,  on  all  claims  filed  with  the 

To  take  tran-  register  or  recorder,  in  conformity  with  the  provisions  of  this  act,  and 
orlls^  °f  re°  on  a^  complete  French  or  Spanish  grants,  the  evidence  of  which,  though 
.  FTO  decide  sum- n°t  thus  filed,  maybe  found  of  record  on  the  public  records  of  such 
marily  according  grants ;  which  decisions  shall  be  laid  before  Congress  in  the  manner 
to  justice  and  herein  after  directed,  and  be  subject  to  their  determination  thereon: 
e(letit;t-tinallCdm"  Proi'i(le(l  however.  That  nothing  in  this  act  contained,  shall  be  construed 
French  or  ^pan*  so  as  to  recognize  any  grant  or  incomplete  title,  bearing  date  subsequent 
ish  grants.  to  the  first  day  of  October,  one  thousand  eight  hundred,  or  to  authorize 


LOUISIANA.  299 

the  commissioners  aforesaid  to  make  any  decision  thereon.    The  said     Decisions     of 
boards  respectively  shall  have  power  to  appoint  a  clerk,  whose  duty  it  tn.e  boards  to  be 
shall  be  to  enter  in  a  book  to  be  kept  for  that  purpose,  full  and  correct  !££* 
minutes  of  their  proceedings  and  decisions,  together  with  the  evidence  **  NO' title  under 
on  which  such  decisions  are  made,  which  books  and  papers,  on  the  dis-  a    grant    subse- 
solution  of  the  boards,  shall  be  deposited  in  the  respective  offices  of  the  quent  to  October 
registers  of  the  land  offices,  or  of  the  recorder  of  land  titles  of  the  dis-  J^nSSi. 
'  ict;  and  the  said  clerk  shall  prepare  two  transcripts  of  all  the  deci-   "The  boards  to 
ns  made  by  the  commissioners  in  favour  of  the  claimants  to  land ;  both  appoint  a  clerk, 
which  shall  be  signed  by  a  majority  of  the  said  commissioners,  and     j^is  duties. 
one  of  which  shall  be  transmitted  to  the  officer  exercising  in  the  district  deSonsm  favor 
the  authority  of  surveyor-general ;  and  the  other  to  the  Secretary  of  the  Of  claimants  to 
'"reasury.     It  shall  likewise  be  the  duty  of  the  said  commissioners,  to  be  delivered   to 
ake  to  the  Secretary  of  the  Treasury  a  full  report  of  all  the  claims  tiled  thesurveynr-^en- 
ith  the  register  of  the  proper  land  office,  or  recorder  of  land  titles,  as  r'eYa^y  Tof'  the 
>ve  directed,  which  may  have  been  rejected,  together  with  the  sub-  Treasury, 
nee  of  the  evidence  adduced  in  support  thereof,  and  such  remarks     Reports  of  re- 
__ereon  as  they  may  think  proper;  which  reports,  together  with  tbe].^.ct?d    claims 
transcripts  of  the  decisions  of  the  commissioners  in  favour  of  the  claim-  madT^aud  °  filed 
ants,  shall  be  laid  by  the  Secretary  of  the  Treasury  before  Congress,  at  in'    the     proper 
their  next  ensuing  meeting,    When  any  Spanish  or  French  grant,  war-  land  office,  and  to 
rant,  or  order  of  survey,  as  aforesaid,  shall  be  produced  to  either  of  the  g°  ,laid  ,byf  ^ 
°";/l  boards,  for  lauds,  which  were  not  at  the  date  of  such  grant,  war-  Treasury  before 

t,  or  order  of  .survey,  or  .within  one  year  thereafter,  inhabited,  culti-  Congress. 
,ted,  or  occupied,  by  or  for  the  use  of  the  grantee;  or  whenever  either     Grants     ante- 
the  said  boards  shall  not  be  satisfied  that  such  grant,  warrant,  or  order  dated  or   other- 
survey,  did  issue  at  the  time  when  the  same  bears  date,  but  that  the  wi^®     defective, 
me  is  antedated  or  otherwise  fraudulent ;  the  said  commissioners  shall  ered  as   conclu- 
>t  be  bound  to  consider  such  grant,  warrant,  or  order  of  survey,  as  con-  sive  evidence  of 
elusive  evidence  of  the  title,  but  may  require  such  other  proof  of  its  title, 
validity  as  they  may  deem  proper.   Each  of  the  commissioners  and  clerks     Compensations 
aforesaid,  shall  be  allowed  a  compensation  of  two  thousand  dollars  in  °*  tbe,  commis- 
full  for  his  services  as  such ;  and  each  of  the  said  clerks  shall,  previous  &°ne 
to  his  entering  on  the  duties  of  his  office,  take  and  subscribe  the  follow- 
ing oath  or  affirmation,  to  wit:  "I  do  solemnly  swear,     Their  oaths  of 
(or  affirm,)  that  I  will  truly  and  faithfully  discharge  the  duties  of  a  office,  &c. 
clerk  to  the  board  of  commissioners,  for  examining  the  claims  to  land, 
as  enjoined  by  an  act  of  Congress,  intituled  *  An  act  ascertaining  and  ad- 
justing the  titles  and  claims  to  land  within  the  Territory  of  Orleans, 
and  the  District  of  Louisiana.'"    Which  oath  or  affirmation  shall  be  en- 

the  minutes  of  the  board. 

SEC.  6.  And  l)e  it  further  enacted,  That  the  Secretary  of  the  Treasury  Agents  to  be 
.all  be,  and  he  is  hereby  authorized  to  employ  three  agents,  one  for  em  ployed  for 
each  board,  and  whose  compensation  shall  not  exceed  one  thousand  eacn  .board  of 
five  hundred  dollars  each,  for  the  purpose  of  appearing  before  the  com-  ^Thei^cSnSn- 
missioners,  in  behalf  of  the  United  States,  to  investigate  the  claims  for  sations  not  to  ex- 
lands,  and  to  oppose  all  such  as  said  agents  may  deem  fraudulent  and  ceed  $1,500  each, 
unfounded.  It  shall  also  be  the  duty  of  the  said  agent  for  the  District  Theirtdiltiesi:1 
of  Louisiana,  to  examine  into  and  investigate  the  titles  and  claims,  if  District  of°Louise 
any  there  be,  to  the  lead  mines  within  the  said  district,  to  collect  all  iaua  to  collect  in- 
the  evidence  within  his  power,  with  respect  to  the  claims  to,  and  value  formation  con- 
of  the  said  mines,  and  to  lay  the  same  before  the  commissioners,  who  te^inf  .^  •tit1' 
shall  make  a  special  report  thereof,  with  their  opinions  thereon,  to  the  and  \a,y\l  befoTe 
Secretary  of  the  Treasury,  to  be  by  him  laid  before  Congress,  at  their  the  commission- 
next  ensuing  session.  The  said  board  of  commissioners  shall  each  be  ers- 
authorized  to  employ  a  translator  of  the  Spanish  and  French  languages,  jn^JSJersixfem" 
to  assist  them  in  the  despatch  of  the  business  which  may  be  brought  pioy  a  translator^ 
before  them,  and  for  the  purpose  of  recording  Spanish  and  French  to  assist  in  the 
grants,  deeds,  or  other  evidences  of  claims  on  the  registers'  books.  The  despatch  of  busi- 
said  translator  shall  receive,  for  the  recording  done  by  him,  the  fees  °^'  Spanish  ^r 
already  provided  by  law,  and  may  be  allowed,  not  exceeding  fifty  dol-  French  claims, 
lars,  for  every  month  he  shall  be  employed  ;  provided  that  the  whole  &c. 
compensation,  other  than  that  arising  from  fees,  shall  not  exceed  six  .  Fees  to  the 
hundred  dollars,  (a)  translator. 

SEC.  7.  And  ~be  it  further  enacted,  That  the  powers  vested  by  law  in  8  ™ * J™  0°*  ^| 
the  surveyor  of  the  lands  of  the  United  States,  south  of  the  State  of  lands  south  of 
Tennessee,  shall  extend  over  all  the  public  lauds  of  the  United  States,  the  State  of 
to  which  the  Indian  title  has  been,  or  shall  hereafter  be,  extinguished,  Tennessee  to  ex- 
within  the  said  Territory  of  Orleans;  and  it  shall  be  the  duty  of  the  of^inT^U1!! 
said  surveyor  to  cause  such  of  the  said  lands,  as  the  President  of  the  states,  &c. 


tered  on 

SEC.  € 

shall  be: 


300  LOUISIANA. 

Made  his  duty  United  States  shall  expressly  direct,  to  be  surveyed,  and  divided,  as 

to    cause    these  nearly  as  the  nature  of  the  country  will  admit,  in  the  same  manner, 

si  ^^H-8"^"  and  under  the  same  regulations  as  is  provided  by  law,  in  relation  to  the 

edy  lands  of  the  United  States  northwest  of  the  river  Ohio,  and  above  the 

mouth  of  Kentucky  River,  (c) 

Ch-u.  La  Fay-     SEC.  8.  And  be  it  further  enacted,  That  the  location,  or  locations  of 
ette  8  locations.    ian^8  which  Major-General  La  Fayette  is  by  law  authorized  to  make 
on  any  lands,  the  property  of  the  United  States,  in  the  Territory  of  Or- 
leans, shall  be  made  with  the  register  or  registers  of  the  land  offices 
established  by  this  act  in  the  said  Territory :  the  surveys  thereof  shall 
be  executed  under  the  authority  of  the  surveyor  of  the  lands  of  the 
How  and  where  United  States,  south  of  Tennessee;  and   a  patent  or  patents  there- 
to be  made,          for  shall  issue,  on  presenting  such  surveys  to  the  Secretary  of  the 
Treasury,  together  with  a  certificate  of  the  proper  register,  or  registers, 
stating  that  the  land  is  not  rightfully  claimed  by  any  other  person : 
Proviso.  Provided,  That  no  location  or  survey  made  by  virtue  of  this  section 

shall  contain  less  than  one  thousand  acres,  nor  include  any  improved 
lands  or  lots,  salt  spring  or  lead  mine,  (d) 

Appropriate  n      SEC.  9.  And  be  it  further  enacted.  That  a  sum  not  exceeding  fifty  thou- 
for  carrying  this  sand  dollars,  to  be  paid  out  of  any  unappropriated  monies  in  the  Treas- 
ury,  be,  and  the  same  is  hereby  appropriated  for  the  purpose  of  carry- 
ing this  act  into  effect. 

(a)  See  Xos.  699,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732.  737, 
738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817, 819,  826,  852,  863,  864,  873,  889,  899, 
904.  911.  946.  956,  957,  961, 967, 

(6)  See  Xos.  704,  708,  710,  711,  718,  731,  737,  740,  831,  879,  965. 

(c)  See  Xos.  703,  704.  708,  710,  718.  722,  724,  727,  730,  731,  777,  803,  858. 

(d)  See  Xos.  32,  700,  704,  708,  748a,  869. 


March  3,  1805.    IVo.  702.— AX  ACT  further  providing   for   the  government  of   the  District   of 
Vol.  2,  p.  331.  Louisiana. 


District  of  Lou-  Be  it  enacted,  $c.,  That  all  that  part  of  the  country  ceded  by  France 
isiana  changed  to  the  United  States,  under  the  general  name  of  Louisiana,  which, 
"T  t0rithat-  °/Ltlie  kv  an  act  °^  the  ^t  8es8i°n  °f  Congress,  was  erected  into  a  sep- 
isfana°withadif-  arate  district,  to  be  called  the  District  of  Louisiana,  shall  henceforth  be 
ferent  govern-  known  and  designated  by  the  name  and  title  of  the  Territory  of  Louis- 
ment.  iana.  (a) 

******* 

(a)  See  Xos.  698, 699,  707, 709,  714,  715,  762. 


Feb.  23,  1806.     No.  703.— AX  ACT  extending  the  powers  of  the  surveyor-general  to  the  Territory 
Vol.  2,  p.  352.  of  Louisiana ;  and  for  other  purposes. 

Powers  of  the  Be  **  enacte^t  <$'c->  That  the  powers  vested  by  law  in  the  surveyor- 
surveyor-general  general,  shall  extend  over  all  the  public  lands  of  the  United  States,  in 
to  be  extended  to  the  Territory  of  Louisiana,  to  which  the  Indian  title  has  been  or  here- 
the  Territory  of  after  shall  be  extinguished.  It  shall  be  the  duty  of  the  said  surveyor- 
De^utvsurvev  genera^  to  appoint  a  sufficient  number  of  skilful  surveyors,  as  his  depu- 
ors  to  be  appoint- ties,  in  the  said  Territory,  one  of  whom  he  shall,  with' the  approbation 
ed.  of  the  Secretary  of  the  Treasury,  designate  as  his  principal  deputy  for 

Their  duties,  the  same.  Which  said  deputies  shall  severally  take  an  oath,  or  affirm- 
&c.  ation,  truly  and  faithfully  to  discharge  the  duties  of  their  respective 

offices.  The  said  principal  deputy  shall  reside  and  keep  an  office  in  the 
said  Territory,  and  shall,  under  the  superintendence  of  the  surveyor- 
general,  execute  or  cause  to  be  executed  by  the  other  deputies,  such 
surveys  as  may  hereafter  be  authorized  by  law,  or  as  he  may  be  directed 
to  execute  by  the  commissioners  appointed  for  the  purpose  of  ascertain- 
ing the  title's  and  claims  to  land  within  the  Territory  aforesaid;  and 
shall  generally  perform  therein,  in  conformity  with  the  regulations  and 
instructions  of  the  said  surveyor-general,  the  duties  imposed  by  law  on 
the  said  surveyor-general. 

Plots  of  sur-  SEC.  2.  And  be  it  further  enacted,  That  all  the  plots  of  surveys,  and  all 
yeys  appertain-  other  papers  and  documents  pertaining,  or  which  did  pertain  to  the 
ing  to  the  oi.ice  office  of  surveyor  general,  under  the  Spanish  Government,  within  the 
2ralSmu7tar"?!he  limits  of  tbe  Territory  aforesaid,  or  to  any  other  office  heretofore  estab- 
Spanish  Govern-  lisbed  or  authorized,  for  the  purpose  of  executing  or  recording  surveys 
ment  to  be  deliv-  of  lands  within  the  said  limits,  shall  be  delivered  to  the  principal  deputy 
ered  to  the  pi  in-  aforesaid ;  and  no  plot  of  survey  shall  be  admitted  as  evidence,  in  any 


LOUISIANA.  301 

court  of  justice,  unless  certified  by  the  said  principal  deputy,  to  be  acipal  deputy; 
true  copy  of  the  record  in  his  office,  (a)  wbat  c°Pies  are 

SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  act,  intituled  g<pJrtVof Tfor- 
"An  act  for  ascertaining  and  adjusting  the  titles  and  claims  to  landmer  act  respect- 
within  the  Territory  of  Orleans  and  the  District  of  Louisiana,"  as  makes  ing  plots  of  land, 
it  the  duty  of  every  claimant  to  lands,  within  the  Territory  of  Louisi-  &o.,  repealed. 
ana,  to  deliver  to  the  recorder  of  land  titles  a  plot  of  the  tract  or  tracts, 
claimed  by  him,  be,  and  the  same  is  hereby  repealed,  so  far  as  relates  to 
claimants  whose  tracts  had  not  been  surveyed  by  the  proper  officer, 
under  the  Spanish  Government,  prior  to  the  twentieth  day  of  December, 
one  thousand  eight  hundred  and  three.    And  the  commissioners  ap-     Commissioners 
pointed  for  ascertaining  the  titles  and  claims  to  lands,  within  either  the  authorized  to  di- 
Territory  of  Louisiana,  or  that  of  Orleans,  are  hereby  authorized  to  JJ'J^jyHJJ} 
direct  the  officer  exercising  the  powers  of  surveyor-general,  within  the  think   necessary 
same,  to  execute  such  surveys  as  they  may  think  necessary,  for  the  pur-  for  the  ascertain- 
pose  of  deciding  on  claims  presented  for  their  decision  :  Provided,  That m^  of  titles, 
the  expense  of  executing  such  surveys  shall  be  defrayed  by  the  parties 
claiming  the  land,  unless  the  same  be  claimed  by  a  legal  French  or 
Spanish  grant,  made  and  completed  before  the  first  day  of  October,  one 
thousand  eight  hundred:  And  provided  also,  and  it  is  hereby  further    Private  surveys 
enacted,  that  every  such  survey,  as  well  as  every  other  survey,  by  what-  excepted. 
ever  authority  heretofore  executed,  those  of  the  above-mentioned  legal 
and  complete  titles  only  excepted,  shall  be  held  and  considered  as  pri- 
vate surveys  only ;  and  all  the  tracts  of  land,  the  titles  to  which  may     All  tracts    to 
be  ultimately  confirmed  by  Congress,  in  conformity  with  the  provisions  ^ich  the  gitle 
of  the  act  above  mentioned,  shall,  prior  to  the  issuing  of  patents,  be  ^aby  congreas" 
resurveyed,  if  judged  necessary,  under  the  authority  of  the  person  8hall  be    resur- 
exercising  the  powers  of  survey  or- general,  and  at  the  expense  of  theveyed. 
parties.  (6) 

SEC.  4.  And  be  it  further  enacted,  That  the  surveyor-general  shall  fix    Compensa- 
the  compensation  of  the  deputy  surveyors,  chain-carriers,  and  axe-men,  tions. 
in  the  Territory  of  Louisiana :  Provided,  That  the  whole  expense  of    Proviso, 
surveying  and  marking  the  lines,  whether  paid  by  the  United  States,  or 
by  individuals,  shall  not  exceed  three  dollars  per  mile,  for  every  mile 
that  shall  be  actually  run,  or  surveyed  and  marked.    And  the  principal 
deputy  aforesaid,  shall  be  entitled  to  receive  from  individuals  the  fol- 
lowing fees,  that  is  to  say :  for  examining  and  recording  the  surveys 
executed  by  any  of  the  deputies,  at  the  rate  of  twenty-five  cents  for 
every  mile  of  the  boundary  line  of  such  survey,  and  for  a  certified  copy 
of  any  plot  of  a  survey  in  his  office,  twenty-five  cents. 

(a)  See  Nos.  701,  704, 708, 710, 718, 722,  724, 727,  730, 731,  777,  »03, 858. 

(b)  See  Nos.  G99,  701,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732,  737,  738, 

739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  663,  864,  873,  889,  899,  904, 
911,948,956,957,961,967. 


No.  704.— AN  ACT  supplementary  to  an  act  intituled  "An  act  for  ascertaining  and     April  21,  1806. 

adjusting  the  titles  and  claims  to  land,  within  the  Territory  of  Orleans,  and  the  Dis-     Vol.  2,  p.  391. 

trict  of  Louisiana." 

Be  it  enacted,  <fc.,  That  every  person  or  persons  claiming  a  tract  of  What  shall  be 
land,  by  virtue  of  the  second  section  of  the  act,  to  which  this  act  is  a  c onfiderjfj^  ^ 
supplement,  and  who  had  commenced  an  actual  settlement  on  such  according  to1  the 
tract,  prior  to  the  first  day  of  October,  one  thousand  eight  hundred,  and  second  section  of 
had  continued  actually  to  inhabit  and  cultivate  the  same,  during  the  the  act  to  which 
term  of  three  years  from  the  time  when  such  actual  settlement  had  jj^t18  a  8aPPle' 
commenced,  and  prior  to  the  twentieth  day  of  December,  eighteen  hun- 
dred and  three,  shall  be  considered  as  having  made  such  settlement  with 
the  permission  of  the  proper  Spanish  officer,  although  it  may  not  be  in  Ciaimants  to 
the  power  of  such  person  or  persons  to  produce  sufficient  evidence  of  and  not  exceed- 
such  permission.  ing  640  acres  un- 

SEC.  2.  And  be  it  further  enacted,  That  every  person  or  persons  right- (ler  persons  who 
fully  claiming  a  tract  of  land,  not  exceeding  six  hundred  and  forty  J^0J  2i  years 
acres,  by  virtue  of  the  act,  to  which  this  act  is  a  supplement,  shall  be  confirmed  in 
confirmed  in  his  or  their  claims,  if  otherwise  embraced  by  the  provis-  their  titles,  if 
ions  of  the  said  act,  although  the  person  or  persons,  under  whom  the  in^er^espects 
claim  or  claims  originated,  were  not  at  the  time  when  the  same  origin-  re<ruiar. 
ated,  above  the  age  of  twenty-one  years :  Provided,  That  the  tract  of  Proviso  that 
land  thus  claimed,  had  been  for  the  space  of  ten  consecutive  years,  tho  claim  ants 
prior  to  the  twentieth  day  of  December,  ^ightof-u  hundred  and  three,  in  ^poggelsioncS 
the  quiet  possession  of,  and  actually  inhabited  and  cultivated  by  such  the  lands  for  ten 
person  or  persons,  or  for  his  or  their  use.  years. 


302  LOUISIANA. 

Times   for  de-     SEC.  3.  And  be  it  further  enacted.  That  the  time  fixed  by  the  act  to 

livering    notices  which  this  act  is  a  supplement,  for  delivering  to  the  register  of  the 

^aini.s  o/l  D  d  *°  Pr°Per  laud  office  notices  in  writing,  and  the  written  evidences  of  claims 

' 


.s 

the  Territory  of  to  ^an^  *n  tne  Territory  of  Orleans,  be,  and  the  same  is  hereby  extended, 
Orleans  extend-  till  the  first  day  of  January  next  ;  and  persons  delivering  such  notices 
ed.  and  evidences,  shall  be  entitled  to  the  same  benefits  as  it  the  same  had 

Persons  ne-  been  delivered  prior  to  the  first  day  of  March  last;  but  the  rights  of 
gleet  ing,  to  be  such  persons,  as  shall  neglect  so  doing,  within  the  time  limited  by  this 
act,  shall  be  barred,  and  the  evidences  of  their  claims  never  after  ad- 
mitted asevidence,  in  the  same  manner  as  had  been  provided  by  the  fourth 
section  of  the  act,  to  which  this  act  is  a  supplement,  in  relation  to 
claims,  notices,  and  written  evidences  of  which,  should  not  be  delivered, 
p-.ior  to  the  said  first  day  of  March  last. 

Registers  of  the     SEC.  4.  And  be  it  further  enacted,  That  the  registers  of  the  land  offices 

ind  offices  toap-  ],,  the  Territory  of  Orleans,  respectively,  be,  and  they  are  hereby  au- 

ies*     tin  rized  to  appoint  so  many  deputies,  not  exceeding  one  for  eaoh  county, 

Their  duty.       in  their  respective  districts,  as  they  may  think  necessary  ;  whose  duty 

it  shall  be  to  receive,  enter,  and  file  notices,  and  to  receive  and  record 

written  evidences  of  claims  to  lands  lying  in  the  county,  or  counties, 

'    to  them  respectively  assigned,  in  the  same  manner  as  the  register  might 

do  ;  and  also,  to  transmit  to  the  register  the  said  notices  and  evidences,  or 

such  transcripts  of  abstracts  of  the  same,  as  the  said  register,  or  the  com- 

missioners, may  direct;  and  generally  to  do  and  perform  all  such  acts, 

E  v  i  dences  of  in  relation  to  such  claims,  as  the  said  register  may  direct.     Persons  hav- 

claima  to    land,  jng  claims  to  land,  may  deliver  the  notices  and  evidences  of  the  same,  at 

and  'when  deliv-  their  option,  either  to  the  register  of  the  proper  laud  office,  or  to  his 

ered.  deputy,  for  the  county  in  which  such  land  lies  ;  and  each  of  the  said 

deputies  shall  be  entitled  to  receive  the  recording  fees,  allowed  to  the 

register,  by  the  act  to  which  this  act  is  a  supplement,  and  in  addition 

thereto,  (or  a  compensation  of  five  hundred  dollars  in  full  for  all  his 

services,)  at  the  rate  of  one  dollar  for  every  claim  filed  with  him,  to  be 

paid  out  of  the  monies  appropriated  for  carrying  into  effect  the  act  to 

which  this  act  is  a  supplement. 

Commissioners,      SEC.  5.  And  be  it  further  enacted,  That  the  commissioners,  appointed 

their  duties  un-  for  the  purpose  of  ascertaining  the  rights  of  persons,  claiming  lands  in 

the  Territory  of  Orleans  shall,  in  their  respective  districts,  have  the 

eame  powers,  and  perform  the  same  duties,  in  relation  to  the  claims 

thus  filed  before  the  first  day  of  January  next,  as  if  notice  of  the  same 

had  been  given  before  the  first  day  of  March  last,  and  as  was  provided 

by  the  act  to  which  this  act  is  a  supplement,  in  relation  to  the  claims 

Transcripts  of  therein  described.    Transcripts  of  the  decisions  of  the  said  commission- 

decisions    to  be  ers>  an(j  rep0rt8  of  the  claims  filed  in  conformity  with  the  provisions  of 

mitted.  **'  tnis  act»  shall  be  made  and  transmitted,  as  was  provided  by  the  act  to 

which  this  act  is  a  supplement,  in  relation  to  the  claims  therein  de- 

scribed.    It  shall  likewise  be  the  duty  of  the  said  commissioners,  to  in- 

quire into  the  nature  and  extent  of  the  claims  which  may  arise  from  a 

right,  or  supposed  right,  to  a  double  or  additional  concession  on  the 

back  of  grants  or  concessions  heretofore  made,  or  from  grants  or  con- 

cessions heretofore  made  to  minors,  and  not  embraced  by  the  provisions 

of  this  act,  or  from  grants  or  concessions  made  by  the  Spanish  Govern- 

ment, subsequent  to  the  first  day  of  April,  one  thousand  eight  hundred, 

Lands  not    to  for  lands  which  were  actually  settled  and  inhabited  on  the  twentieth 

until  thedecision  clav  of  December,  one  thousand  eight  hundred  and  three  ;  and  to  make 

of  Congress.         a  special  report  thereon  to  the  Secretary  of  the  Treasury;  which  re- 

port shall  be,  by  him,  laid  before  Congress  at  their  next  ensuing  session. 

And  the  lands  which  may  be  embraced  by  such  report,  shall  not  l>e 

otherwise  disposed  of,  until  a  decision  of  Congress  shall  have  been  had 

thereupon. 

Compensations      SEC.  6.  And  be  it  further  enacted,  That  each  of  the  registers  aforesaid, 
of    tin.-  coinmis-  sball,  in  addition  to  his  other  emoluments,  receive  a  compensation  of 
istTr  and  reg'  five  hundred  dollars  for  the  services  to  be  performed,  under  this  act, 
prior  to  the  first  day  of  January  next;  and  each  of  the  commissioners 
aforesaid,  shall  receive  at  the  rate  of  six  dollars  a  day  for  every  day's 
actual  attendance  on  the  duties  of  his  office,  subsequent  to  the  first  day 
Compensation  of  January  next  :  Provided,  That  the  whole  amount  of  compensation 
«wpftn°  exceed  thus  allow'ed,  shall  not  for  any  commissioner  exceed  two  thousand  dol- 
^ident  may?ara:  ^nii  provided  also,  That'the  President  of  the  United  States  may, 
reduce  the  nntn-  it  he  shall  think  proper,  reduee,  after  the  first  day  of  January  next,  the 
ber  of    commis-  number  of  commissioners  on  either  or  both  boards,  to  one  or  two  persons, 
an(j  jn  cage  of  guph  reduction  the  commissioner  or  commissioners  con- 


LOUISIANA.  303 

stituting  the  board,  shall  have  the  same  powers  which  are  vested  by  this 
act,  or  by  the  act  to  which  this  act  is  a  supplement,  in  the  board  estab- 
lished by  the  act,  to  which  this  act  is  a  supplement.    The  clerk  of  each     Salaries  of  of- 
of  the  boards  shall  be  entitled  to  receive  at  the  rate  of  fifteen  hundred  flcers. 
dollars  a  year ;  the  translators  at  the  rate  of  six  hundred  dollars  a  year, 
and  the  agents  employed  by  the  Secretary  of  the  Treasury  at  the  rate 
of  fifteen  hundred  dollars  a  year,  from  the  first  day  of  January  next,  to 
the  time  when  each  board  shall  respectively  be  dissolved.     Provided,     Proviso. 
That  no  more  than  one  year's  compensation  be  thus  allowed  to  each  of 
the  said  clerks,  translators,  and  agents :  And  provided  also,  That  the 
Secretary  of  the  Treasury  may  discontinue  either  one  or  both  of  said 
agents,  whenever  he  shall  think  it  proper. 

SEC.  7.  And  be  it  farther  enacted,  That  the  commissioners  appointed     Commissioners 
for  the  purpose  of  ascertaining  the  rights  of  persons,  claiming  lands  in  ™aY  change  the 
the  Territories  of  Orleans  and  Louisiana,  be,  and  they  are  hereby  au-  gesskms 
thorized,  if  they  shall  think  it  necessary,  for  the  purpose  of  obtaining 
oral  evidence,  either  in  support  of,  or  in  opposition  to  claims,  which 
evidence  could  not  be  given  at  the  usual  place  of  their  sittings,  without 
oppression  to  the  parties  or  witnesses,  to  remove  their  sittings,  or  to 
send  for  that  purpose,  one  or  more  members  of  the  board,  to  such  other 
place  or  places,  within  their  respective  districts,  as  they  may  think  neces- 
sary :  And  each  of  the  commissioners  going  for  that  purpose,  to  such  other    Com  pensation 
place  or  places,  shall,  in  addition  to  his  compensation,  receive  at  the  fortravel- 
rate  of  six  dollars  for  every  twenty  miles,  going  to  and  returning  from 
such  place  or  places :  Provided,  That  no  commissioner  shall  receive  in     Proviso, 
the  whole,  on  that  account,  more  than  for  the  distance,  from  the  usual 
place  of  the  sittings  of  the  board  to  the  extreme  settlements  within  his 
respective  district. 

SEC.  8.  And  be  it  further  enacted,  That  each  of  the  boards  aforesaid,  Boards  to  pro- 
shall  prepare  and  cause  to  be  prepared,  the  reports  and  transcripts,  Pare  aud  *•** 
which  by  law  they  are  directed  to  make  to  the  Secretary  of  the  Treas-  theSecretary  of 
ury,  in  conformity  with  such  forms  as  he  may  prescribe ;  and  they  shall  Treasury  accord- 
also,  in  their  several  proceedings  and  decisions,  conform  to  such  in-  ing  to  forms  pie 
structions,  as  the  said  Secretary  may,  with  the  approbation  of  the  Pres-  scribed  by  him. 
ident  of  the  United  States,  transmit  to  them  in  relation  thereto,  (a) 

SEC.  9.  And  be  it  further  enacted,  That  the  surveyor  of   the  public     Surveyor  of 
lands,  south  of  Tennessee,  be,  and  he  is  hereby  directed  to  appoint  a1*11^,11^    landa 
principal  deputy  for  each  of  the  two  land  districts  of  the  Territory  of  86e  to  appoint  de- 
Orleans,  whose  duty  it  shall  be  to  reside  and  keep  an  office  in  the  said  puties.  &c. 
districts  respectively,  to  execute,  or  cause  to  be  executed  by  the  other     Their  duties, 
deputies,  such  surveys  as  have  been  or  may  be  authorized  by  law,  or  as 
the  commissioners  aforesaid  may  direct ;  to  file  and  record  all  such  sur- 
veys, to  form  as  far  as  practicable,  connected  drafts  of  the  lands  granted 
in  the  district,  so  as  to  exhibit  the  lands  remaining  vacant,  and  gener- 
ally to  perform  in  such  districts  respectively,  in  conformity  with  the 
regulations  and  instructions  of  the  said  surveyor  of  the  public  lands 
south  of  the  State  of  Tennessee,  the  duties  imposed  by  law  on  said  sur- 
veyor.   And  each  of  the  said  principal  deputies  shall  receive  an  annual     Compensa- 
compensation  of  five  hundred  dollars,  and  in  addition  thereto,  the  fol- tions< 
lowing  fees,  that  is  to  say :  for  examining  and  recording  the  surveys 
executed  by  any  of  the  deputies,  at  the  rate  of  twenty-five  cents  for 
every  mile  of  the  boundary  line  of  such  survey;  and  for  a  certified 
copy  of  any  plot  of  a  surve/in  the  office,  twenty- five  cents.  (6) 

SEC.  10.  And  be  it  further  enacted,  That  the  President  of  the  United     Receiver  of 
States  be,  and  he  hereby  is  authorized,  whenever  he  shall  think  it  proper,  ?he  wSt?rn  di£ 
to  appoint  a  receiver  of  public  monies  for  the  western  district  of  the  trict  of  Orleans 
Territory  of  Orleans,  who  shall  receive  the  same  annual  compensation,  may  be  appointed 
give  security  in  the  same  manner  and  in  the  same  sums,  and  whose  by  the  President, 
duties  and  authorities  shall  in  every  respect  be  the  same  in  relation  to 
the  lands  which  shall  hereafter  be  disposed  of  at  their  offices,  as  are  by 
law  provided  with  respect  to  the  receivers  of  public  monies,  in  the 
several  offices  established  for  the  disposal  of  the  lands  of  the  United 
States,  north  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
River.     And  the  said  receiver,  and  the  register  of  the  land  office,  for    His  compensa- 
the  same  district  shall,  whenever  the  public  lands  within  the  same tlon' 
shall  be  offered  for  sale,  be  entitled  to  the  same  commissions  and  fees, 
which  are  by  law  respectively  allowed  to  the  same  officers,  north  of 
the  river  Ohio,  and  above  the  mouth  of  Kentucky  River,  (c) 

SEC.  11.  And  be  it  further  enacted,  That  the  President  of  the  United     President  may 
States  be,  and  he  is  hereby  authorized,   whenever  he  shall  think  it  aphorize  a  sale 


304  LOUISIANA. 

of  public   lands  proper,  to  direct  so  in  nek  of  the  public  lands  lying  in  the  western  district 

in  the  western  of  the  Territory  of  Orleans,  as  shall  have  been  surveyed  in  conformity 

)r~  with  the  provisions  of  the  act  to  which  this  act  is  a  supplement,  to  be 

Lands  to  be  of-  offered  for  sale.    All  such  land  shall,  with  the  exception  of  the  section 

fered  for  sale.       "  number  sixteen,"  which  shall  be  reserved  in  each  township  for  the 

•   support  of  schools  within  the  same  ;  (tf)  with  the  exception  also  of  an 

entire  township  to  be  located  by  the  Secretary  of  the  Treasury,  for  the 

use  of  a,  seminary  of  learning,(e)  and  with  the  exception  also  of  the 

salt  springs,  and  lands  contiguous  thereto,  which  by  direction  of  the 

President  of  the  United  States,  may  be  reserved  for  the  future  [disposal] 

of  the  said  States,(/)  shall  be  offered  for  sale  to  the  highest  bidder, 

under  the  direction  of  the  register  of  the  land  office,  of  the  receiver  of 

Days  of  sale  to  public  monies,  and  of  the  principal  deputy  surveyor;  and  on  such  day 

be  designated  by  or  (lavSj  ^  eha.ll,  by  a  public  proclamation  of  the  President  of  the 

proclamation        United  States,  be  designated  for  that  purpose.     The  sales  shall  remain 

How  long  to  re-  open  for  three  weeks  and  no  longer;  the  lands  shall  be  sold  for  a  price 

main  open.  not  less  than  that  which,has  been,  or  may  be  fixed  by  law,  for  the  public 

Prices,  <fcc.       lands  in  the  Mississippi  Territory,  and  shall  in  every  other  respect 

be  sold  in  tracts  of  the  same  si  ze,  on  the  same  terms  and  conditions  as  have 

been,  or  may  be  by  law  provided  for  the  lands  sold  in  the  Mississippi 

Compensation  Territory.     The  superintendents  of  the  said  public  sales  shall  receive 

ents  offies i       " six  dollars»  each>  for  each  tlav'8  attendance  on  the  said  sales.    All 

Lands  remain-  lands,  other  than  the  reserved  sections,  and  those  excepted  as  above 

ing  unsold   may  mentioned,  remaining  unsold  at  the  closing  of  the  public  sales,  may  be 

be  disposed  of  at  disposed  of  at  private  sale,  by  the  register  of  the  land  office,  in  the  same 

pr^atw^e'man  manner,  under  the  same   regulations,  for  the  same  price,  and  on  the 

ner.  and  on  what  same  terms  and  conditions  as  are,  or  may  be  provided  by  law,  for  the 

terms.  sale  of  the  lands  of  the  United  States  in  the  Mississippi  Territory. 

Patents  how  to  And  patents  shall  be  obtained  for  all  lands  granted  or  sold  in  the  Ter- 

ied'         ritory  of  Orleans,  in  the  same  manner  and  on  the  same  terms,  as  is.  or 

may  be  provided  by  law  for  lands  sold  in  the  Mississippi  Territory.^) 

Locations     SEC.  1*2.  And  be  it  further  enacted,  That  the  location  or  locations  of 

made  for  General  landj  W]1ici1  may  j,e  made  in  the  Territory  of  Orleans,  by  Major-Geueral 

be  re^efv^jLa  Fayette,  by  virtue  of  the  ninth  [eighth]  section  of  the  act  to  which 

though    contain-  [this]  act  is  a  supplement,  shall  and  may  be  received,  though  containing 

ing  less  than  less  than  one  thousand  acres  :  Provided,  that  no  such  location  or  survey 

Proviso8  shall  contain  less  than  five  hundred  acres,  (/i) 

Survey  of  the     SEC.  13.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 

coast  of  the  Ter- be  authorized  to  cause  a  survey  to  be  made  of  the  sea-coast  of  the 

ritory  of  Orleans  Territory  of  Orleans,  from  the  mouth  of  the  Mississippi  to  Vermilion 

Bay  inclusively,  and  as  much  farther  westwardly  as  the  President  of 

the  United   States  shall  direct,  and  also  of  the  bays,  inlets,  and  navi- 

Limitation    of  gable  waters  connected  therewith:  Provided,  that the  expense  of  such 

expense.  survey  shall  not  exceed  five  thousand  dollars. 

#  *  7f  #  '  # 

(a)  See  Xos.  699,  701,  703,  705,  708,  710,  712,  716.  718,  721,  722,  723,  724,  728,  731.  732.  737. 

738,  739,  740,  745.  746,  749,  752,  753,  777,  790,  817.  819,  826,  852,  863,  864. 

904,  911, 946,  956.  957.  961,  967. 
(6)  See  Xos.  701,  703,  708,  710,  718,  722,  724,  727,  730,  731.  777.  803.  858. 

(c)  See  Xos.  701.  708,  710,  711,  718,  731,  737.  :  965. 

(d)  See  Xos.  418,  708,  710,  832,  834,  835,  837,  841,  843.  853,  859,  883,  884,  891,  8P4.  -95.  003. 

(e)  See  Xos.  708,  710, 760. 
(/)  See  Xos.  70S,  710. 

(g)  See  Xos.  70S,  710,  720,  722,  720.  730,  731.  732,  761.  768.  786,  813,  «18'.  849,  858,  8' 

899,919,920,928.  963. 
(h)  See  Xos.  32,  700,  701,  708,  748a.  669. 

March  3.  1807.    No.  705.— AX  ACT  respecting  claims  to  land  in  the  Territories  of  Orleans  and  Lou- 
Vol.  2.  p.  440.  isiana. 

Part  of  the  1st     Be  it  enacted,  cfc.,  That  so  much  of  the  first  section  of  the  act,  intituled 
section  of  a  for-  "An  act  for  ascertaining  and  adjusting  the  titles  and  claims  to  land 
mer  act  repealed,  within  the  Territory  of  Orleans  and  the  District  of  Louisiana."  as  pro- 
complete  tkfes™" vides  tbat  no  incomplete  title  shall  be  confirmed,  unless  the  person  in 
whose  name  the  warrant  or  order  of  survey  had  been  granted,  was  at 
the  time  of  its  date,  either  the  head  of  a  family,  or  above  the  age  of 
twenty- one  years,  be  and  the  same  is  hereby  repealed. 

Residents  in  SEC!  2.  And  !>e  it  further  enacted,  That  any  person  or  persons,  and  the 
the  Territories  of  iegai  representative  of  any  person  or  persons,  who,  on  the  twentieth 
Sant^con'fir'med  dav  of  December,  one  thousand  eight  hundred  and  three,  had  for  ten 
in  their  titles,  if  consecutive  years  prior  to  that  day,  been  in  possession  of  a  tract  of  land 
in  possession  a  not  claimed  by  any  other  person,  and  not  exceeding  two  thousand  acres, 


I 


LOUISIANA.  305 


and  who  were  on  that  day  resident  in  the  Territory  of  Orleans  or  Louis-  certain    number 
iana,  and  had  still  possession  of  such  tract  of  land,  shall  be  confirmed  °±  successive 
in  their  titles  to  such  tract  of  land  :  Provided,  That  no  claim  to  a  lead  yepro 
mine  or  salt  spring,  shall  be  confirmed  merely  by  virtue  of  this  section : 
And  provided  also,  That  no  more  land  shall  be  granted  by  virtue  of  this 
section,  than  is  actually  claimed  by  the  party,  nor  more  than  is  con- 
tained within  the  acknowledged  and  ascertained  boundaries  of  the  tract 
claimed. 

SEC.  3.  And  be  it  further  enacted,  That  the  claim  of  the  corporation  of     Claim  of  New 
the  city  of  New  Orleans,  to  the  commons  adjacent  to  the  said  city,  and  Orleans    to    the 
within  six  hundred  yards  from  the  fortifications  of  the  same,  be,  and  J^™0 
the  same  are  hereby  recognized  and  confirmed :  Provided,  That  the  said 
corporation  shall  within  six  months  after  passing  this  act,  relinquish     Release  to  be 
ami  release  any  claim  they  may  have  to  such  commons  beyond  the  dis-  nwtoby  the  cor- 
tauci-  of  six  hundred  yards  aforesaid  :  Provided  also,  That  the  corpora- 
tion  shall  reserve  for  the  purpose,  and  convey  gratuitously  for  the  pub- 
lic benefit,  to  the  company  authorized  by  the  legislature  of  the  Territory 
of  Orleans,  as  much  of  the. said  commons  as  shall  be  necessary  to  con- 
tinue the  canal  of  Carondelet  from  the  present  basin  to  the  Mississippi, 
and  shall  not  dispose  of,  for  the  purpose  of  building  thereon,  any  lot 
within  sixty  feet  of  the  space  reserved  for  a  canal,  which  shall  for  ever 
remain  open  as  a  public  highway:  And  provided  also,  That  nothing     Nothing  herein 
herein  contained,  shall  be  construed  to  affect  or  impair  the  rights  of  any  to  1im.P^ir1/iSht^ 
individual  or  individuals  to  the  said  commons,  which  are  derived  from  J?  sJ'an££IGov^ 
any  grant  of  the  French  or  Spanish  Government,  (a)  eminent. 

SEC.  4.  And  be  it  further  enacted,  That  the  commissioners  appointed  or     Claims    to   be 
to  be  appointed  for  the  purpose  of  ascertaining  the  rights  of  persons  decided    accord- 
claiming  land  in  the  Territories  of  Orleans  and  Louisiana,  shall  have  inS. to  thf  U8a»e| 
full  powers  to  decide  according  to  the  laws  and  established  usages  and  ^  French^aml 
customs  of  the  French  and  Spanish  Governments,  up,on  all  claims  to  Spanish  Govern- 
lands  within  their  respective  districts,  where  the  claim  is  made  by  any  ments,  in  certain 
person  or  persons,  or  the  legal  representative  of  any  person  or  persons,  cases> 
who  were  on  the  twentieth  of  December,  one  thousand  eight  hundred 
and  three,  inhabitants  of  Louisiana,  and  for  a  tract  not  exceeding  the 
quantity  of  acres  contained  in  a  league  square,  and  which  does  not  in- 
clude either  a  lead  mine  or  salt  spring,  which  decision  of  the  commis- 
sioners when  in  favour  of  the  claimant  shall  be  final,  against  the  United 
States,  any  act  of  Congress  to  the  contrary  notwithstanding. 

SEC.  5.  And  be  it  further  enacted,  That  the  time  fixed  by  the  act  above     Time  fixed  for 
mentioned,  and  by  the  acts  supplementary  to  the  same,  for  delivering  to  delivering  no- 
the  proper  register  or  recorder,  notices  in  writing  and  the  written  evi  tic.es  ?*,  claims» 
dences  of  claims  to  land,  be,  and  the  same  is  hereby  extended,  for  the  Terri-  ex 
tories  of  Orleans  and  Louisiana,  till  the  first  day  of  July,  one  thousand 
eight  hundred  and  eight,  and  persons  delivering  such  notices  and  evi- 
dences shall  be  entitled  to  the  same  benefit  as  if  the  same  had  been 
delivered  within  the  time  limited  by  the  former  acts ;  but  the  rights  of     Persons  barred 
such  persons  as  shall  neglect  so  doing  within  the  time  limited  by  this  yho  neglect  giv- 
act,  shall,  so  far  as  they  are  derived  from  or  founded  on  any  act  of  Con- ing  notices>  &c- 
gress,  ever  after  be  barred  and  become  void,  and  the  evidences  of  their 
claims  never  after  admitted  as  evidence  in  any  court  of  law  or  equity 
whatever. 

SEC.  6.  And  be  it  further  enacted,  That  the  commissioners  appointed  or     Certificates  of 
to  be  appointed  for  the  purpose  of  ascertaining  the  rights  of  persons  final  decisions  to 
claiming  lands  in  the  Territories  of  Orleans  and  Louisiana,  shall  respec-  gnrveJo^neral 
tively  transmit  to  the  Secretary  of  the  Treasury  and  to  the  surveyor-  aud  Secretary  of 
general,  or  officer  acting  as  surveyor-general,  transcripts  of  the  fina  I  the  Treasury, 
decisions  made  in  favour  of  claimants  by  virtue  of  this  act,  and  they 
shall  deliver  to  the  party  a  certificate  stating  the  circumstances  of  the 
case,  and  that  he  is  entitled  to  a  patent  for  the  tract  of  land  therein 
designated,  which  certificate  shall  be  filed  with  the  proper  register  or 
recorder,  within  twelve  months  after  date.    And  the  register  or  recorder     Patents  to  is- 
shall  thereupon  (a  plat  of  the  tract  of  land  therein  designated,  being  ^ue 
previously  filed  with  him  or  transmitted  to  him  by  the  officer  acting  as  the>n Secretary  of 
surveyor-general  in  the  manner  herein  after  provided,)  issue  a  cert ifi- the  Treasury, 
cate  in  favour  of  the  party,  which  certificate  being  transmitted  to  the 
Secretary  of  the  Treasury,  shall  entitle  the  party  to  a  patent,  to  be  issued 
in  like  manner  as  is  provided  by  law  for  the  issuing  of  patents  for  pub- 
lic lands  lying  in  other  Territories  of  the  United  States. 

$EC.  7.  And  be  it  further  enacted,  That  the  tracts  of  land  thus  granted     Tracts  of  land 
by  the  commissioners  shall  be  surveyed  at  the  expense  of  the  partie;-,  thus  granted  to 

20  L  O — VOL  II 


306  LOUISIANA. 

be  surveyed  at  under  the  direction  of  the  survey  or-  general,  or  officer  acting  as  surveyor- 
ex  j.  oij.se  of  the  general,  in  all  cases  where  an  authenticated  plat  of  the  land  as  sur- 
aoicurat^and8^  veve(1  un(ler  tlie  authority  of  the  officer  acting  as  surveyor-general  under 
thentic  survey,  the  French,  Spanish,  or  American  Governments  respectively,  during  the 
made  under  au-  time  either  of  the  said  governments  had  the  actual  possession  of  the 
thority  of  former  8ajti  Territories  of  Orleans  and  Louisiana,  shall  not  have  been  filed  with 
Srlep'n  ™m<r  Lou  tbe  Pr°Per  register  or  recorder,  or  shall  not  appear  of  record  on  the 
iaiar.'s  shall  have  Public  records  of  the  said  Territories  of  Orleans  and  Louisiana.  The 
bei  ;  uleil,  ^c.  said  commissioners  shall  also  be  authorized,  whenever  they  may  think 
imhwionertj  jt  necessary,  to  direct  the  surveyor-general,  or  officer  acting  as  such,  to 
rect  ^surveys  cause  any  tract  of  land  already  duly  surveyed,  to  be  resurveyed  at  the 

Surveyor  -  gen-  expense  of  the  United  States.     And  the  surveyor-general,  or  officer  act- 
eral  to  transmit  ing  as  such,  shall  transmit  general  and  particular  plats  of  the  tracts  of 
general  and  par-  iau(|  tkus  surveyed,  to  the  proper  register  or  recorder,  and  shall  also 
Secretary  of8  the  transmit  copies  of  the  said  plats  to  the  Secretary  of  the  Treasury. 
Treasury,  &c.          SEC.  8.  And  be  it  further  enacted.  That  the  commissioners  aforesaid 

Ite  ports  of  un-  shall  respectively  report  to  the  Secretary  of  the  Treasury  their  opinion 
deci(ied^claimstoon  ajj_  £ne  ciaims  to  land  within  their  respective  districts,  which  they 
transmfttedby  shall  not  have  finally  confirmed  by  the  fourth  section  of  this  act.  The 
commissioners  to  claims  shall,  in  the  said  report  or  reports,  be  arranged  into  three  gen- 
Secretary  of  the  eral  classes,  that  is  to  say  :  first,  claims  which,  in  the  opinions  of  the 
commissioners,  ought  to  be  confirmed  in  conformity  with  the  provisions 


of  caims.  °^  tae  86veral  acts  °^  Congress,  for  ascertaining  and  adjusting  the  titles 

and  claims  to  land  within  the  Territories  of  Orleans  and  Louisiana  ; 
secondly,  claims  which,  though  not  embraced  by  the  provisions  of  the 
said  acts,  ought  nevertheless  in  the  opinion  of  the  commissioners  to  be 
confirmed  in  conformity  with  the  laws,  usages,  and  customs  of  the 
Spanish  Government  ;  thirdly,  claims  which  neither  are  embraced  by 
the  provisions  of  the  said  acts,  nor  ought  in  the  opinion  of  the  commis- 
sioners to  be  confirmed  in  conformity  with  the  laws,  usages,  and  cus- 
toms of  the  Spanish  Government  ;  and  the  said  report  and  reports  being 
in  other  respects  made  in  conformity  with  the  forms  prescribed  accord- 
ing to  law,  by  the  Secretary  of  the  Treasury,  shall  by  him  be  laid  before 
Congress,  for  their  final  determination  thereon,  in  the  manner  and  at 
the  time  heretofore  prescribed  by  law  for  that  purpose.  (fr) 

Allowances  SEC.  9.  And  be  it  further  evaded,  That  the  following  allowances  and 
and  compensa-  compensations  shall  be  made  to  the  several  officers  herein  after  men- 
tioned, that  is  to  say,  to  the  principal  deputy  of  the  surveyor-general, 
for  the  District  of  Louisiana,  at  the  rate  of  five  hundred  dollars  a  year, 
from  the  time  he  entered  into  the  duties  of  his  office,  in  addition  to  the 
fees  which  he  is  entitled  to  receive  by  law.  To  the  register  of  the  west- 
ern district  of  the  Orleans  Territory,  and  to  the  clerk  of  the  board  of 
commissioners  for  that  district,  one  thousand  dollars  each,  for  their  serv- 
ices as  commissioners  and  clerk  respectively,  during  the  year  one 
thousand  eight  hundred  and  six.  To  each  of  the  deputy  registers  of 
the  Territory  of  Orleans,  five  hundred  dollars  in  full,  for  their  services 
subsequent  to  the  first  day  of  January  last,  in  addition  to  the  fees  to 
which  they  are  legally  entitled.  To  each  of  the  commissioners  at  the 
rate  of  two  thousand  dollars  a  year  ;  to  each  of  the  clerks  of  the  boards, 
and  to  each  of  the  agents  employed  by  the  Secretary  of  the  Treasury, 
at  the  rate  of  fifteen  hundred  dollars  a  year,  and  to  each  of  the  trans- 
lators, at  the  rate  of  six  hundred  dollars  a  year,  to  commence  from  the 
first  day  of  July  next,  in  the  District  of  Louisiana,  and  from  the  first 
day  of  January  next,  in  the  Territory  of  Orleans,  and  to  continue  to  the 

Proviso.  time  when  each  board  shall  be  respectively  dissolved  :  Provided,  That 

no  more  than  eighteen  months'  compensation  be  thus  allowed  to  the 
said  commissioners,  clerks,  and  translators,  and  that  the  compensation 
of  any  such  officer  absenting  himself  from  his  district,  or  failing  to 
attend  to  the  duties  of  his  office,  shall  cease  during  such  absence  or 
failure. 

(a)  See  Xos.  708,  710,  713,  734,  739. 

(&)  See  Xos.  699,  701,  703,  704,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732,  737, 

738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889, 

899,  904,  911,  946,  956,  957,  961,  967. 


tio.  700.— AN  ACT  for  the  relief  of  certain  Alibama  and  Wyandott  Indians.          Feb.  28, 1809. 
0  it  enacted,  £c.,  That  the  President  of  the  United  States  be,  and  he 


LOUISIANA.  307 


hereby  authorized  to  cause  to  be  surveyed  and  designated  by  proper     President      to 

uiett-ri  and  bounds,  a  tract  of  land  not  exceeding  two  thousand  five  hun-  ?.fu?\f  +£*/•£. 
„ '         ,       ,       „  ,,      TT    'j_    1  oii.   j.       i    •  xi     m       -j.         land  in  tne    Or- 

dred  acres,  out  of  any  lauds  of  the  United  States,  lying  in  the  Territory  leans  Territory  to 
of  Orleans,  and  west  of  the  river  Mississippi,  and  by  lease  vest  the  said  be  laid  off  for  the 
tract  of  laud  in  a  certain  tribe  of  Alibama  Indians  and  their  descend-  Alibama     In- 
auts,  for  the  term  of  fifty  years :  Provided  nevertheless,  That  it  shall  not     f£o'viso 
be  lawful  for  the  said  tribe  of  Indians  to  transfer  or  assign  their  inter- 
est in  the  said  laud,  and  every  such  transfer,  or  assignment,  shall  be 
null  and  void :  And  provided  also,  That  if  the  said  tribe  of  Indians  shall     Proviso, 
remove  from  the  said  tract  of  land,  their  interest  in,  and  to,  the  same 
shall  thenceforth  cease  and  determine. 


707.— A  PROCLAMATION  by  thePresident  of  the  United  States  of  America,      Oc*-  27«  18,J0- 
respecting  taking  possession  of  part  of  Louisiana.  vol.  11,  p.  rax. 


Shereas  the  territory  south  of  the  Mississippi  Territory  and  eastward  .  Preamble  as  to 
le  river  Mississippi  and  extending  to  the  river  Perdido,  of  which  pos-  ^Stetesto  the 
session  was  not  delivered  to  the  United  States  in  pursuance  of  the  treaty  territory  south 
concluded  at  Paris  on  the  30th  of  April,  1803,  has  at  all  times,  as  is  well  of  Mississippi 
known,  been  considered  and  claimed  by  them,  as  being  within  the  col-  Territory,  east- 
ony  of  Louisiana  conveyed  by  the  said  treaty,  in  the  same  extent  that  ^^  Mver^and 
it  had  in  the  hands  of  Spain,  and  that  it  had  when  France  originally  extending  to  the 
possessed  it.  .  Eiver  Perdido. 

And  whereas,  the  acquiescence  of  the  United  States  in  the  temporary 
continuance  of  the  said  territory  under  the  Spanish  authority  was  not 
the  result  of  any  distrust  of  their  title,  as  has  been  particularly  evinced 
by  the  general  tenor  of  their  laws,  and  by  the  distinction  made  in  the 
application  of  those  laws  between  that  territory  and  foreign  countries, 
but  was  occasioned  by  their  conciliatory  views,  and  by  a  confidence  in 
the  justice  of  their  cause;  and  in  the  success  of  candid  discussion  and 
amicable  negotiation  with  a  just  and  friendly  power. 

And  whereas  a  satisfactory  adjustment,  too  long  delayed,  without  the 
fault  of  the  United  States,  has  for  some  time  been  entirely  suspended 
by  events  over  which  they  had  no  control,  and  whereas  a  crisis  has  at 
length  arrived  subversive  of  the  order  of  things  under  the  Spanish  au- 
thorities, whereby  a  failure  of  the  United  States  to  take  the  said  territory 
into  its  possession  may  lead  to  events  ultimately  contravening  the  views 
of  both  parties,  whilst  in  the  mean  time  the  tranquillity  and  security 
of  our  adjoining  Territories  are  endangered,  and  new  facilities  given  to 
violations  of  our  revenue  and  commercial  laws,  and  of  those  prohibiting 
the  introduction  of  slaves. 

Considering,  moreover,  that  under  these  peculiar  and  imperative  cir- 
cumstances, a  forbearance  on  the  part  of  the  United  States  to  occupy 
the  territory  in  question,  and  thereby  guard  against  the  confusions  and 
contingencies  which  threaten  it,  might  be  construed  into  a  dereliction 
of  their  title,  or  an  insensibility  to  the  importance  of  the  state :  consid- 
ering that  iu  the  hands  of  the  United  States  it  will  not  cease  to  be  a 
•object  of  fair  and  friendly  negotiation  and  adjustment:  considering 
•bally  that  the  acts  of  Congress  tho'  contemplating  a  present  possession 
by  a  foreign  authority,  have  contemplated  also  an  eventual  possession 
of  the  said  territory  by  the  United  States,  and  are  accordingly  so  framed, 
as  in  that  case  to  extend  in  their  operation  to  the  same: 

Now  be  it  known  that  I,  James  Madison,  President  of  the  United  .  Possession    to 
States  of  America,  in  pursuance  of  these  weighty  and  urgent  considera-  terrfto?? 
tions,  have  deemed  it  right  and  requisite  that  possession  should  be  taken 
of  the  said  Territory,  in  the  name  and  behalf  of  the  United  States. 
William  C.  C.  Claiborne,  governor  of  the  Orleans  Territory  of  which     "W.  C.  C.  Clai- 
the  said  territory  is  to  be  taken  as  part,  will  accordingly  proceed  to  ex-  borne,  to  execute 
ecute  the  same;  and  to  exercise  over  the  said  territory  the  authorities  Sl8^1"^1  «nd  to 
and  functions  legally  appertaining  to  his  office.     And  the  good  people 
inhabiting  the  same,  are  invited  and  enjoined  to  pay  due  respect  to  him 
iu  that  character ;  to  be  obedient  to  the  laws ;  to  maintain  order ;  to 
cherish  harmony ;  and  in  every  manner  to  conduct  themselves  as  peace- 
able citizens  ;  under  full  assurance  that  they  will  be  protected  in  the 
enjoyment  of  their  liberty,  property,  and  religion,  (a) 


308  LOUISIANA. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  to 
be  hereunto  affixed,  and  signed  the  same  with  my  hand.  Done  at  the 
city  of  Washington,  the  twenty-seventh  day  of  October,  A.  D.  eighteen 
hundred  and  ten,  and  in  the  thirty-fifth  year  of  the  Independence  of  the 
United  States. 

[L.  s.]  JAMES  MADISON. 

By  the  President: 

R.  SMITH, 

Secretary  of  State, 
(a)  See  Nos.  698,  699, 709, 714,  715,  762. 


Feb.  15,  1311.     No.  70S.—  AX  ACT  providing  for  the  final  adjustment  of  claims  to  lands,  and  for 
Vol.  2,  p.  G17.  the  sale  of  the  public  lands  in  the  Territories  of  Orleans  and  Louisiana. 

Compensations     Be  it  enacted,  #c.,  Tha^,  the  following  allowances  and  compensations 


to  officers  appoin-  g^gii  ])e  made  to  the  several  officers  appointed  for  the  purpose  of  ascer- 
the  rightCHtfpo?  taiuiug  the  rights  of  persons  claiming  lands  in  the  Territories  of  Orleans 
sons"  claiming  and  Louisiana;  which  allowances  and  compensations  shall  be  in  full 
lands  in  tin;.  Ter-  for  all  their  services,  including  those  rendered  since  their  salaries  re- 
)r.'  spectively  ceased,  that  is  to  say  :  To  each  of  the  commissioners,  and  to 
ana"*  ;  si-  ^^  <)f  ^  clerks  Qf  the  1>oar(|Sj  nfty  cents  for  oacll  claim>  (]ujy  n]ed  ac. 

cording  to  la\v,  which  remained  undecided  on  the  first  day  of  July,  one 

thousand  eight  hundred  and  nine,  and  on  which  a  decision  has  been 

made  subsequent  to  that  day,  or  shall  hereafter  be  made,  whether  such 

decision  be  in  favour  or  against  the  claim  :  which  allowance  of  fifty 

cents  shall  be  paid  at  the  Treasury  of  the  United  States,  from  time  to 

time,  and  on  receipt  of  the  transcripts  of  the  decisions  and  of  the  re- 

ports of  claims  not  finally  confirmed,  as  the  same  may  be  transmitted 

by  the  boards  respectively  to  the  Secretary  of  the  Treasury  according 

Compensation  to  law.    To  each  of  the  said  commissioners  and  clerks  a  further  allow- 

ers  &SF*        >U"  ance  of  five  hundred  dollars,  to  be  paid  after  the  completion  of  the  busi- 

ness of  each  of  the  boards  respectively,  to  the  officers  then  in  office. 

And  to  each  of  the  translators,  at  the  rate  of  six  hundred  dollars  a  year, 

and  not  to  exceed  in  the  whole  for  each  the  term  of  eighteen  mouths  : 

Prodded  chcat/s,  That  the  above-mentioned  allowance  of  fifty  cents  for 

each  claim  decided  upon,  shall  not  be  made  to  any  of  the  commission- 

ers who  may  be  absent  at  the  time  of  such  decision  ;  the  attendance  of 

t  ^he  allowance  each  to  be  certified  by  the  clerk,  or  by  a  majority  of  the  board  :  And 

pointed  elb\Q  S£».P|W*^  a?*°i  That  no'allowance  shall  be  made  to  any  agent  heretofore 

Secretary  of  the  employed  by  the  Secretary  of  the  Treasury,  for  any  period  of  time  sub- 

Treasury     after  sequent  to  the  time  when  such  agent  ceased  to  act,  or  when  the  board 

the     time     the  cea.set|  to  receive  evidence,  (a) 

aft.  SEC.  a.  And  lc  it  further  enacted,  That  the  two  principal  deputy  sur- 

Two  principal  voyors  of  the  Territory  of  Orleans  shall,  and  they  are  hereby  author- 

deputy  surveyors  izeti,  in  surveying  and  dividing  such  of  the  public  lands  in  the  said 

Territoi  -v    m  av  Territorv»  which  are  or  may  be  authorized  to  be  surveyed  and  divided, 

alter  the  mode  ox  as  are  adjacent  to  any  river,  lake,  creek,  bayou  or  water-course,  to  vary 

surveying      cer-  the  mode  heretofore  prescribed  by  law,  so  far  as  relates  to  the  contents 

tain  iauds.  of  tne  tracts,  and  --  to  the  angles  and  boundary  lines  ---  and  to 

lay  out  the  same  into  tracts  as  far  as  practicable,  of  fifty-eight  poles  in 

front  and  four  hundred  and  sixty-five  poles  in  depth,  of  such  shape, 

and  bounded  by  such  lines  as  the  nature  of  the  country  will  render 

Proviso.  practicable,  and  most  convenient  :  Provided  however,That  such  deviations 

from  the  ordinary  mode  of  surveying  shall  be  made  with  the  approba- 

tion of,  and  in  conformity  with  the  general  instructions  which  may  be 

given  to  that  effect  by  the  surveyor  of  the  public  lands  south  of  the 

State  of  Tennessee.  (I) 

Land  offices  es-      SEC.  3.  And  be  it  further  enacted,  That  for  the  disposal  of  the  lands  of 

tablishedatNewftuj  United  States,  lying  in  the  eastern  land  district  of  the  Territory  of 

elousas'  for  dis-  Orleans,  a  land  office  shall  be  established  at  New  Orleans  ;  and  that  for 

posing  '  of     the  the  disposal  of  the  lands  of  the  United  States,  lying  south  of  Red  River, 

public  lands.        in  the  western  hind  district  of  the  Territory  of  Orleans,  a  land  office  shall 

be  established  at  Opelousas  ;  and  that  for  the  disposal  of  the  lands  of 

the  United  States,  lying  north  of  Red  River,  in  the  western  laud  dis- 

trict of  the  Territory  of  Orleans,  aland  office  shall  be  established,  which 

shall  be  kept  at  sucli  place  as  the  President  of  the  United  States  may 

direct.    The  register  of  the  western  land  district  of  the  Territory  of  Or- 

leans shall  act  as  register  of  the  land  office  of  Opelousas,  and  as  one  of 

the  commissioners  for  ascertaining  the  rights  of  persons  claiming  lands 


LOUISIANA.  309 

in  any  part  of  the  said  western  land  district.  And  for  the  land  office, 
north  of  the  Red  River,  a  register,  and  for  each  of  the  said  three  offices, 
a  receiver  of  public  monies  shall  be  appointed,  who  shall  give  security 
in  the  same  manner,  in  the  same  sums,  and  whose  compensations,  emol- 
uments, duties  and  authority,  shall  in  every  respect  be  the  same,  in  re- 
lation to  the  lands  which  shall  be  disposed  of  at  their  offices,  as  are  or 
may  be  provided  by  law,  in  relation  to  the  registers  and  receivers  of 

Eublic  ironies  in  the  several  offices  established  for  the  disposal  of  the 
in  ds  of  the  United  States,  in  the  Territory  of  Mississippi,  (c) 

SEC.  4.  And  be  it  further  enacted,  That  the  powers  vested  in  the  Presi-  .  Powers  vested 
dent  of  the  United  States  by  the  eleventh  section  of  the  act,  entituled  ^teml^t    hT^ 
"An  act  supplementary  to  an  act,  entituled  An  act  for  ascertaining  and  as  to  ^Q  eastern 
adjusting  the  titles  and  claims  to  land  within  the  Territory  of  Orleans,  district, 
and  the  District  of  Louisiana,"  passed  on  the  twenty-first  day  of  April, 
oue  thousand  eight  hundred  and  six,  in  relation  to  the  public  lands  lying 
in  the  western  district  of  the  Territory  of  Orleans,  and  all  the  other 
provisions  made  by  the  same  section,  for  the  sale  of  said  lands,  and  for 
obtaining  patents  for  the  same,  shall  be,  and  the  same  are  hereby  in 
*very  respect,  extended  to  the  public  lands,  lying  in  the  eastern  dis- 
1  riot  of  the  Territory  of  Orleans. 

SEC.  5.  And  belt  further  enacted,  That  every  person  who,  either  by  Terms  on 
vi  i  tue  of  a  French  or  Spanish  grant  recognized  by  the  laws  of  the  United  which  persons 
•States,  or  under  a  claim  confirmed  by  the  commissioners  appointed  for  ouTlSs^avob 
the  purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the  tain  those bekmg- 
Territory  of  Orleans,  owns  a  tract  of  land  bordering  on  any  river,  creek,  ing  to  the  public, 
bayou  or  water- course,  in  the  said  Territory,  and  not  exceeding  in  depth 
forty  arpens,  French  measure,  shall  be  entitled  to  a  preference  in  be- 
coming the  purchaser  of  any  vacant  tract  of  land  adjacent  to,  and  back 
of  his  own  tract,  not  exceeding  forty  arpens,  French  measure,  in  depth, 
nor  in  quantity  of  laud,  that  which  is  contained  in  his  own  tract>at  the 
same  price,  and  on  the  same  terms  and  conditions,  as  are,  or  may  be 
provided  by  law  for  the  other  public  lands  in  the  said  Territory.  And 
the  principal  deputy  survey  or  of  each  district  respectively,  shall  be  and 
he  is  hereby  authorized,  under  the  superintendence  of  the  surveyor  of 
the  public  lands  south  of  the  State  of  Tennessee,  to  cause  to  be  surveyed, 
the  tracts  claimed  by  virtue  of  thid  section  ;  and  in  all  cases  where  by 
reason  of  bends  in  the  river,  lake,  creek,  bayou  or  water-course  border- 
ing on  the  tract,  and  of  adjacent  claims  of  a  similar  nature,  each  claim- 
ant cannot  obtain  a  tract  equal  in  quantity  to  the  adjacent  tract  already 
owned  by  him  to  divide  the  vacant  land  applicable  to  that  object  be- 
tween the  several  claimants,  in  such  manner  as  to  him  will  appear  most 
equitable:  Provided  however,  That  the  right  of  pre-emption,  granted  by  Limitation  of 
this  section,  shall  not  extend  so  far  in  depth,  as  to  include  lands  fit  for  grants, 
cultivation,  bordering  on  another  river,  creek,  bayou  or  water-course. 
And  every  person  entitled  to  the  benefit  of  this  section  shall,  within 
three  years  after  the  date  of  this  act,  deliver  to  the  register  of  the  proper 
land  office,  a  notice  in  writing,  stating  the  situation  and  extent  of  the 
tract  of  land  he  wishes  to  purchase,  and  shall  also  make  the  payment 
and  payments  for  the  same,  at  the  time  and  times,  which  are,  or  may  be 
prescribed  by  law,  for  the  disposal  of  the  other  public  lands  in  the  said 
Territory  :  the  time  of  his  delivering  the  notice  aforesaid,  being  consid- 
ered as  the  date  of  the  purchase.  And  if  any  such  person  shall  fail  to 
deliver  such  notice  within  the  said  period  of  three  years,  or  to  make 
such  payment  or  payments  at  the  time  above  mentioned,  his  right  of 
pre-emption  shall  cease  and  become  void ;  and  the  land  may  thereafter 
bo  purchased  by  any  other  person  in  the  same  manner,  and  on  the  same 
terms,  as  are  or  may  be  provided  by  law  for  the  sale  of  other  public 
lands  in  the  said  Territory. 

SEC.  6.  And  be  it  farther  enacted,  That  the  land  offices,  established  by    Periods    of 
virtue  of  the  fourth  section  of  this  act,  shall  be  opened  on  the  first  day  opening  the  land 
of  January,  one  thousand  eight  hundred  and  twelve,  for  the  sale  of  all°™ces-  &c- 
the  public  lands,  with  the  exception  of  section  "No.  sixteen  "  (d)  of  the 
eaii  spiiugs,  and  land  contiguous  thereto,  (e)  and  of  the  tracts  reserved 
for  the  support  of  seminaries  of  learning  as  herein  after  provided,  (/) 
which  shall  have  been  previously  surveyed  and  the  surveys  thereof  re- 
turned according  to  law  to  the  registers  of  the  land  offices  respectively ; 
and  on  the  first  day  of  February,  one  thousand  eight  hundred  and  twelve, 
for  the  sale  of  such  of  the  public  lands,  which,  from  the  nature  of  the 
country,  cannot  be  surveyed  in  the  ordinary  way,  and  are  embraced  by 
the  provisions  of  the  third  section  of  this  act,  as  shall  have,  at  least  six 


310  LOUISIANA. 

weeks  previous  to  the  said  first  day  of  February,  one  thousand  eight 
hundred  and  twelve,  been  advertised  for  sale  by  the  surveyor  of  the 
public  lands  south  of  the  State  of  Tennessee,  with  the  approbation  of  the 
President  of  the  United  States.  The  public  sales  for  the  lands,  subdi- 
vided into  quarter-sections  in  the  ordinary  way,  shall  be  held  for  one 
calendar  month,  under  the  superintendence  of  the  register  and  receiver 
of  each  land  office  respectively,  and  of  either  of  the  surveyors  of  public 
lands  south  of  Tennessee,  or  of  his  principal  deputy  surveyor  in  thf  dis- 
trict, who  shall  each  receive  six  dollars  for  each  day's  attendance  on 
the  same;  .and  no  tract  of  land  shall  be  sold  at  said  public  sales,  for  a 
less  price  than  that  which  is  or  may  be  prescribed  by  law,  for  the  sale- 
of  public  lands  in  the  Mississippi  Territory.  And  from  and  after  the 
first  day  of  February,  one  thousand  eight  hundred  and  twelve,  any 
tract  which  has  been  thus  offered  for  sale  at  public  sale,  and  remain's 
unsold,  as  well  as  any  tract  of  land  embraced  by  the  provisions  of  tbe 
third  section  of  this  act,  the  sale  of  which  is  authorized  by  this  section, 
may  be  disposed  of  at  private  sale  by  the  register  of  the  land  office,  tor 
the  same  price  which  is  or  may  be  prescribed  by  law,  for  the  sale  of 
public  lands  in  the  Mississippi  Territory.  All  the  lands,  sold  (by)  virtue 
of  this  section,  shall  in.every  other  respect  be  sold  on  the  same  terms  of 
payment  and  conditions,  in  the  same  manner,  and  under  the  same  regu- 
lations as  are  or  may  be  prescribed  by  law,  for  the  sale  of  public  lands 
Preference  to  in  the  Mississippi  Territory  :  Provided  however,  That  in  case  of  an  appli- 
inhabitants  and  cation  being  made  at  the  same  time,  for  the  purchase  at  private  sale  of 
the  same  tract  of  land  by  two  or  more  persons,  one  of  whom  did  actually 
inhabit  and  cultivate  such  tract  of  land  at  the  time  of  passing  this  act, 
and  still  continues  to  inhabit  and  cultivate  the  same  at  the  time  of  such 
application  ;  the  preference  shall  be  given  to  the  person  thus  inhabiting 
Proviso.  and  cultivating  such  tract  of  land  :  (g)  And  provided  also,  That  till  after 

the  final  decision  of  Congress  thereon,  no  tract  of  land  shall  be  offered 
for  sale,  the  claim  to  which  has  been  in  due  time,  and  according  to  law, 
presented  to  the  register  of  the  land  office,  and  filed  in  his  office,  for  the 
purpose  of  being  investigated  by  the  commissioners  appointed  for  the 
purpose  of  ascertaining  the  rights  of  persons  claiming  lands  in  the  Ter- 
ritory of  Orleans;  or  which  shall  have  been  located  by  or  for  Major- 
General  La  Fayette,  according  to  law.  (h) 

Additional  res-     SEC.  7.  And  be  it  further  enacted,  That  in  addition  to  the  township 
ervation   in   the  already  reserved  for  that  purpose  by  law,  in  the  western  district  of  the 
western  district.  Territory  of  Orleans,  and  which  shall  be  located  south  of  Red  River, 
another  entire  township  shall  be  located  by  the  Secretary  of  the  Trea- 
sury north*  of  Red  River,  for  the  use  of   a  seminary  of  learning,  and 
also  an  entire  township  in  the  Territory  of  Louisiana,  for  the  support 
of  a  seminary  of  learning  within  the  said  Territory.  (/) 

Lands    in   the     SEC.  8.  And  be  it  further  enacted,  That  the  surveyor-general  shall  cause 
Territory  of  Lou-  such  of  the  public  lands  in  the  Territory  of  Louisiana  as  the  President 
be  8ur"of  tl]e  tanked  States  shall  direct,  to  be  surveyed  and  divided  in  the 
same  manner  and  under  tho  same  regulations  and  limitation  as  to 
expenses,  as  is  provided  by  law  in  relation  to  the  lands  of  the  United 
States,  northwest  of  the  river  Ohio,  and  above  the  mouth  of  Kentucky 
River.  (&) 

A  land  oiSceto     SEC.  9.  And  l)e  it  fur  tin  r  enacted,  That  for  the  disposal  of  the  lauds  of 

be    opened,    at  the  United  States,  lying  in  the  Territory  of  Louisiana,  a  land  office 

PresidenCte  ^?J  sha11  be  established,  which  shall  be  kept  at  such  place  as  the  President 

designate  for  dis-  of  the  United  States  may  direct ;  and  a  register  and  receiver  of  public 

posing  of  public  monies  shall  be  appointed  for  said  office,  who  shall  give  security  in  the 

lands  in  Louisi-  8ame  manner,  in  the  same  sums,  and  whose  compensations,  emoluments, 

ma,  <fcc.  duties  and  authority,  shall  in  every  respect  be  the  same,  in  relation  to 

the  lauds  which  shall  be  disposed  of  at  their  office,  as  are  or  may  be 

provided  for  by  law,  in  relation  to  the  register  and  receiver  of  public 

monies  in  the  several  offices  established  for  the  disposal  of  the  lands  of 

the  United  States,  northwest  of  the  river  Ohio  and  above  the  mouth  of 

Kentucky  River,  (c) 

Lands  may  be  SEC.  10.  And  be  it  further  enacted,  That  the  President  of  the  United 
offered  for  sale,  States  be,  and  he  is  hereby  authorized,  whenever  he  shall  think  proper, 
**•  to  direct  so  much  of  the  public  lands  lying  in  the  Territory  of  Louis- 

iana, as  shall  have  been  surveyed  in  conformity  with  the  ninth  section 
Saleof  the  pub-  of  this  act,  to  be  offered  for  sale.     All  such  lauds  shall,  with  the  exccp- 
lic  lands.  tion  of  the  section  -'number  sixteen,"  which  shall  be  reserved  in  each 

township  for  the  support  of  schools  within  the  same,  (d)  with  exception 
also  of  a  tract  reserved  for  the  support  of  a  seminary  of  learning,  as 


LOUISIANA.  .  311 

•vided  for  by  the  eighth  section  of  this  act,  (/)  and  with  the  excep- 
jn  also  of   the  salt  springs,  and  lead  mines,  and  lands  contiguous 
icreto,  which,  by  the  direction  of  the  President  of  the  United  States, 
ay  lie  reserved  for  the  future  disposal  of  the  said  States,  (e)  shall  be 
tiered  for  sale  to  the  highest  bidder,,  under  the  direction  of  the  register 
:  the  laud  office,  and  the  receiver  of  public  monies,  and  of  the  princi- 
il  deputy  surveyor,  and  on  such  day  or  days  as  shall,  by  public  pro- 
amation  of  the  President  of  the  Umted  States,  be  designated  for  that 
irpose.     The  sales  shall  remain  open  for  three  weeks,  and  no  longer. 
ie  lands  shall  be  sold  for  a  price  not  less  than  that  which  has  been  or 
iy  be  fixtd  by  law  for  the  public  lauds,  northwest  of  the  river  Ohio, 
jd  above  the  mouth  of  Kentucky  River.     And  shall  iii  every  other 
Aspect  be  sold  in  tracts  of  the  same  size,  on  the  same  terms  and  condi- 
tions, as  have  been  or  may  be  by  law  provided  for  the  lands  sold'in  the 
State  of  Ohio.    The  superintendents  of  the  said  public  sales  shall  each 
receive  six  dollars  for  each  day's  attendance  on  the  said  sales.    All  the 
lands  which  have  been  thus  offered  for  sale,  at  public  sale,  remaining 
unsold  at  the  closing  of  the  public  sales,  may  be  disposed  of  at  private 
sale  by  the  register  of  the  land  office,  for  the  same  price  which  is  or  may 
he  prescribed  by  law  for  the  sale  of  public  lands  in  the  State  of  Ohio : 
Provided  however,  That  till  after  the  decision  of  Congress  thereon,  no     NO  land  to  be 
tract  of  land  shall  be  offered  for  sale,  the  claim  to  which  has  been  in  offered   for   sale 
due  time  and  according  to  law  presented  to  the  recorder  of  land  titles  ^^ch.0  has  "been 
in  the  district  of  Louisiana,  and  filed  in  his  office,  for  the  purpose  of  pre8ented    until 
""  }ing  investigated  by  the  commissioners  appointed  for  ascertaining  the  after  the  decision 
sjhts  of  persons  claiming  lands  in  the  Territory  of  Louisiana.    And  °*  Congress, 
itents  shall  be  obtained  for  all  lands  sold  in  the  Territory  of  Louis- 
iana, in  the  same  manner  and  on  the  same  terms  as  is  or  may  be  pro- 
vided, by  law,  for  land  sold  in  the  State  of  Ohio.  (#) 

SEC.  11.  And  ~be  it  further  enacted,  That  the  claim  of  the  corporation     Claim    of    the 
f  the  city  of  New  Orleans,  to  the  common  adjacent  thereto,  and  within  corporation     of 
ix  hundred  yards  from  the  fortifications  of  the  same,  as  confirmed  by  adiacent  common 
the  act,  eutitnled  "An  act  respecting  claims  to  lands  in  the  Territories  to  be  valid. 
)f  Orleans  and  Louisiana,"  shall  be  deemed  valid,  although  the  relin- 
juishrnent  of  the  said  corporation  to  any  claim  beyond  the  said  dis- 
;ance  of  six  hundred  yards,  was  not  made  till  after  the  expiration  of 
the  period  of  six  months  prescribed  by  the  act  last  mentioned,  (i) 

SEC.  12.  And  be  it  further  enacted,  That  all  the  navigable  rivers  and  Navigable  riv- 
waters  in  the  Territories  of  Orleans  and  Louisiana,  shall  be,  and  for  ers,  &c.,  to  re- 
ever  remain  public  highways.  main  public  high- 

*******          ways. 

(a)  SeeNos.  699,  701,  703,  704,  705,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732,  737,  738, 

739,  740,  745,  746,  749,  752, 753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899,  904, 
911,946,956,957,961,967. 

(b)  See  Nos.  701,  703,  704,  710,  718,  722,  724,  727,  730,  731,  777,  803,  858. 

(c)  See  Nos.  701,  704,  710,  711,  718,  731,  737,  740,  831,  879,  965, 

(d)  See  Nos.  418,  704,  710,  832,  834,  835,  837,  841,  843,  853,  859,  883,  884,  891,  894,  895,  903. 

(e)  See  Nos.  704,  710. 

(/)  See  Nos.  704,  710,  760. 

(g)  Sec  Nos.  704,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,818,849,858,860,897, 

899,  919,  920,  928,  963. 
(h)  See  Nos.  32,  700,  701,  704,  748a,  869. 
(i)  See  Nos.  705,  710,  713,  734,  739. 


»f*».  709.— AN  ACT  to  enable  the  people  of  the  Territory  of  Orleans  to  form  a  Feb.  20, 1811. 
constitution  and  State  government,  and  for  the  admission  of  such  State  into  the  Vol.  2,  p.  641. 
Union,  on  an  equal  footing  with  the  original  States,  and  for  other  purposes. 


Be  it  enacted,  #c.,  That  the  inhabitants  of  all  that  part  of  the  territory     The     inhabi- 
or  country  ceded  under  the  name  of  Louisiana,  by  the  treaty  made  at tants  °.fth?j0ujfi" 
Paris  on  the  thirtieth  day  of  April,  one  thousand  eight  hundred  and  ^SbeTlinSts  to 
three,  between  the  United  States  and  France,  contained  within  the  fol-  be  authorized  to 
lowing  limits,  that  is  to  say :  beginning  at  the  mouth  of  the  river  Sabine,  form  a  constitu- 
thence  by  a  line  to  be  drawn  along  the  middle  of  the  said  river,  including tion  and  state- 
all  islands  to  the  thirty-second  degree  of  latitude ;  thence  due  north, 
to  the  northernmost  part  of  the  thirty-third  degree  of  north  latitude  ; 
thence  along  the  said  parallel  of  latitude  to  the  river  Mississippi ;  thence 
down  the  said  river  to  the  river  Iberville ;  and  from  thence  along  the 
middle  of  the  said  river  and  Lakes  Maurepas  and  Ponchartrain,  to  the 
Gulf  of  Mexico  ;  thence  bounded  by  the  said  gulf  to  the  place  of  begin- 
ning: including  all  islands  within  three  leagues  of  the  coast,  be,  and 
they  are  hereby  authorized  to  form  for  themselves  a  constitution  and 


312  LOUISIANA. 

St.-ste-  government,  and  to  assume  such  name  as  they  may  deem  proper, 
under  the  pro  visions  and  upon  the  conditions  herein  after  mentioned,  (a) 

*  *  #  ,  *  *  *  * 

Convention  to  SEC.  3.  And  be  it  further  enacted,  That  the  members  of  the  convention, 
meet  at  ]STevr  Or-  when  duly  elected,  be,  and  they  are  hereby  authorized  to  meet  at  the 
leans.  cjj-y  of  \ew  Orleans,  on  the  first  Monday  of  November  next,  which  con- 

vention, when  met,  shall  first  determine,  by  a  majority  of  the  whole 
u  umber  elected,  whether  it  be  expedient  or  not,  at  that  time,  to  form  a 
constitution  and  State  government,  for  the  people  within  the  said  Ter- 
ritory, and  if  it  be  determined  to  be  expedient,  then  the  convention 
shall  in  like  manner  declare,  in  behalf  of  the  people  of  the  said  Terri- 
tory, that  it  adopts  the  Constitution  of  the  United  States  ;  whereupon 
the  said  convention  shall  be,  ond  hereby  is  authorized  to  form  a  con- 
stitution and  State  government,  for  the  people  of  the  said  Territory: 
The    constitu-  Provided,  The  constitution  to  be  formed,  in  virtue  of  the  authority  herein 
tion  to  be  repub-  given,  shall  be  republican,  and  consistent  with  the  Constitution  of  the 
entawiath  thTcon-  United  States  ;  that  it  shall  contain  the  fundamental  principles  of  civil 
stitution  of  the  a  "d  religious  liberty  ;  that  it  shall  secure  to  the  citizen  the  trial  by  jury 
United  States,      iu  all  criminal  cases,  and  the  privilege  of  the  writ  of  habeas  corpus,  con- 
formably to  the  provisions  of  the  Constitution  of  the  United  States  ; 
and  that  after  the  admission  of  the  said  Territory  of  Orleans  as  a  State 
into  the  Union,  the  laws  which  such  State  may  pass  shall  be  promul- 
gated, and  its  records  of  every  description  shall  be  preserved,  and  its 
judicial  and  legislative  written  proceedings  conducted,  iu  the  language 
in  which  the  laws  and  the  judicial  and  legislative  written  proceedings 
of  the  United  States  are  now  published  and  conducted  :  And  prodded 
All   right    to  also,  That  the  said  convention  shall  provide  by  an  ordinance,  irrevoca- 
i  iina 


wa.ste  am 


inap-  ble  without  the  consent  of  the  United  States,  that  the  people  inhabiting 
imod  t!ie  8aid  Territory  do  agree  and  declare,  that  they  for  ever  disclaim  all 


. 

by  ;ui  irrevocable  right  or  title  to  the  waste  or  unappropriated  lands,  lying  within  the 

ordinance.  said  Territory  ;  and  that  the  same  shall  be  and  remain  at  the  sole  and 

Lauds  sold  by  entire  disposition  of  the  United  States  ;  and,  moreover,  that  each  and 

Congress   to   be  every  tract  of  land,  sold  by  Congress,  shall  be  and  remain  exempt  from 

„  f  ™  any  tax,  laid  by  the  order  or  under  the  authority  of  the  State,  whether 

ntUL©         LU.XC8       TOr    n  ri  ,  i     •  •     i  .  *  1. 

five  years.  f°r  State,  county,  township,  parish  or  any  other  purpose  whatever,  lor 

the  term  of  five  years  from  and  after  the  respective  days  of  the  sales 
thereof;  (6)  andthat  the  lands,  belonging  to  citizens  of  the  United  States, 
residing  without  the  said  State,  shall  never  be  taxed  higher  than  the 
lands  belonging  to  persons  residing  therein  ;  and  that  no  taxes  shall  be 
imposed  on  lauds  the  property  of  the  United  States,  and  that  the 
river  Mississippi  and  the  navigable  rivers  and  waters  leading  into  the 
same  or  into  the  Gulf  of  Mexico,  shall  be  common  highways  and  for 
ever  free,  as  well  to  the  inhabitants  of  the  said  State  as  to  other  citizens 
of  the  United  States,  without  any  tax,  duty,  impost  or  toll  therefor,  im- 
posed by  the  said  State. 

******* 

Reservation     SEC.  5.  And  be  it  further  enacted,  That  five  per  centum  of  the  net  pro- 
for  roads,  &c.       ceeds  of  ihc  tales  of  the  lands  of  the  United  States,  after  the  first  day 
of  January,  shall  be  applied  to  laying  out  and  constructing  public  roads 
and  levees  in  the  said  Stale,  as  the  legislature  thereof  may  direct. 

(a)  See  Xos.  698,  699,  702,  707,  714,  715,  762. 
(6)  See  Xos.  169.  874. 


March  3, 1811.    Wo.  710.— AX  ACT  providing  for  the  final  adjustment  of  claims  to  lands,  and  for 
"Vol.  2,  p.  662.         the  sale  of  the  public  lauds  iu  the  Territories  of  Orleans  and  Louisiana,  and  to  re- 
peal the  act  passed  for  the  same  purpose,  and  approved  February  sixteenth,  one 
thousand  eight  huudred  and  eleven. 

Allowances  Be  it  enacted,  cj'r.,  That  the  following  allowances  and  compensations 
and  compensa-  shall  be  made  to  the  several  officers  appointed  for  the  purpose  of  ascer- 
taining the  rights  of  persons  claiming  lands  in  the  Territories  of  Orleans 
and  Louisiana ;  which  allowances  and  compensations  shall  be  in  full 
for  all  their  services,  including  those  rendered  since  their  salaries  re- 
spectively censed  ;  that  is  to  say  :  To  each  of  the  commissioners,  and  to 
each  of  the  clerks  of  the  boards,  fifty  cents  for  each  claim,  duly  filed 
according  to  law,  which  remained  undecided  on  the  first  day  of  July, 
one  thousand  eight  hundred  and  nine,  and  on  which  a  decision  has  been 
made  subsequent  to  that  day,  or  shall  hereafter  be  made,  whether  such 
decision  be  in  favour  of,  or  against  the  claim  :  which  allowance  of  fifty 


LOUISIANA.  313 

cents  .shall  be  paid  at  the  Treasury  of  the  United  States,  from  time  to 
time,  and  on  receipt  of  the  transcripts  of  the  decisions  and  of  the  reports 
of  claims  not  finally  confirmed,  as  the  same  may  be  transmitted  by  the 
boards  respectively  to  the  Secretary  of  the  Treasury  according  to  law. 
To  each  of  the  said  commissioners  and  clerks  a  further  allowance  of  five 
hundred  dollars,  to  be  paid  after  the  completion  of  the  business  of  each 
of  the  boards  respectively  to  the  officers  then  in   >ffice.    And  to  each  of 
the  translators,  at  the  rate  of  six  hundred  dolla,  s  a  year,  and  not  to 
:ceed  in  the  whole  for  each  the  term  of  eighteen,  months:  Provided 
ways,  That  the  above-mentioned  allowance  of  fifty  cents  for  each  claim 
cided  upon,  shall  not  be  made  to  any  of  the  commissioners  who  may 
absent'at  the  time  of  such  decision;  the  attendance  of  each  to  be 
rtified  by  the  clerk,  or  by  a  majority  of  the  board :  And  provided  also, 
at  no  allowance  shall  be  made  to  any  agent  heretofore  employed  by 
3  Secretary  of  the  Treasury  for  any  period  of  time,  subsequent  to  the 
me  when  such  agent  ceased  to  act,  or  when  the  board  ceased  to  receive 
violence,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  two  principal  deputy  sur-     Duties  of  the 
:yors  of  the  Territory  of  Orleans  shall,  and  they  are  hereby  authorized,  de 
surveying  and  dividing  such  of  the  public  lands  in  the  said  Territory,  ai 
hich  are  or  may  be  authorized  to  be  surveyed  and  divided,  as  are  ad- 
u.t    to  any  river,  lake,  creek,  bayou,  or  water-course,  to  vary  the 
.&  heretofore  prescribed  by  law,  so  far  as  relates  to  the  contents  of 
e  tracts,  and  to  the  angles  and  boundary  lines,  and  to  lay  out  the  same 
uto  tracts  as  far  as  practicable,  of  fifty-eight  poles  in  front  and  four 
hundred  and  sixty- five  poles  in  depth,  of  such  shape,  and  bounded  by 
such  lines  as  the  nature  of  the  country  will  render  practicable,  and 
most  convenient:  Provided  however,  That  such  deviations  from  the  ordi- 
nary mode  of  surveying  shall  be  made  with  the  approbation  of,  and  in 
conformity  with  the  general  instructions  which  may  be  given  to  that 
effect,  by  the  surveyor  of  the  public  lands  south  of  the  State  of  Tennes- 
see. (&)  * 

SEC.  3.  And  be  it  further  enacted,  That  for  the  disposal  of  the  lands  of  Land  offices  to 
the  United  States,  lying  in  the  eastern  land  district  of  the  Territory  of  be  established  at 
Orleans,  a  land  office  shall  be  established  at  New  Orleans ;  and  that  for  gS  Orlean*  and 
the  disposal  of  the  lands  of  the  United  States,  lying  south  of  Red  River,  * 
in  the  western  laud  district  of  the  Territory  of  Orleans,  a  land  office  shall 
be  established  at  Opelousas  ;  and  that  for  the  disposal  of  the  lands  of  the 
United  States,  lying  north  of  Red  River,  in  the  western  land  district  of 
the  Territory  of  Orleans,  a  land  office  shall  be  established,  which  shall 
be  kept  at  such  place  as  the  President  of  the  United  States  may  direct. 
The  register  of  the  western  land  district  of  the  Territory  of  Orleans  shall 
act  as  register  of  the  land  office  of  Opelousas,  and  as  one  of  the  commis- 
sioners for  ascertaining  the  rights  of  persons  claiming  lands  in  any  part 
of  the  said  western  land  district.  And  for  the  land  office  north  of  the 
Red  River,  a  register,  and  for  each  of  the  said  three  offices  a  receiver  of 
public  monies  shall'be  appointed,  who  shall  give  security  in  the  same 
manner,  in  the  same  sums,  and  whose  compensations,  emoluments,  duties 
and  authority,  shall  in  every  respect  be  the  same,  in  relation  to  the  lands 
which  shall  be  disposed  of  at  their  offices,  as  are  or  may  be  provided  by 
la\v,  in  relation  to  the  registers  and  receivers  of  public  monies  in  the 
several  offices  established  for  the  disposal  of  the  lands  of  the  United 
States,  in  the  Territory  of  Mississippi,  (c) 

SEC.  4.  And  be  it  further  enacted,  That  the  powers  vested  in  the  Presi-    Certain  powers 
dent  of  the  United  States  by  the  eleventh  section  of  the  act,  entituled  with  respect  to 
"An  act  supplementary  to  an  act,  entituled  An  act  for  ascertaining  eastern  1&dft  '**t 
and  adjusting  the  titles  and  claims  to  land  within  the  Territory  of  Or-  Of  Orleans  Te^ri- 
leans,  and  the  District  of  Louisiana,"  passed  on  the  twenty-first  day  of  tory  ex'tended  to 
April,  one  thousand  eight  hundred  and  six,  in  relation  to  the  public  the  President, 
lands,  lying  in  the  western  district  of  the  Territory  of  Orleans,  and  all 
the  other  provisions  made  by  the  same  section,  for  the  sale  of  said  lands, 
and  for  obtaining  patents  for  the  same,  shall  be,  and  the  same  are  here- 
by, in  every  respect,  extended  to  the  public  lands,  lying  in  the  eastern 
district  of  the  Territory  of  Orleans,  (d) 

SEC.  5   And  be  it  further  enacted,  That  every  person  who,  either  by  virtue     Persons  enti- 
of  a  French  or  Spanish  grant  recognized  by  the  laws  of  the  United  States,  tied  to  a  prefer- 
or  under  a  cl  im  confirmed  by  the  coma  issioners  appointed  for  the  purpose  ence- 
of  ascertaining  the  rights  of  peisnns  claiming  lands  in  the  Territory 
"f  Orleans,  owns  a  tract  of  land  boidering  on  any  river,  creek,  bayou, 
~  water-course,  in  the  said  Territory,  and  not  Exceeding  in  depth  forty 


314  LOUISIANA. 

arpens,  French  measure,  shall  be  entitled  to  a  preference  in  becoming 
the  purchaser  of  any  vacant  tract  of  land  adjacent  to,  and  back  of  his 
own  tract,  not  exceeding  forty  arpens,  French  measure,  in  depth,  nor  in 
quantity  of  land  that  which  is  contained  in  his  own  tract,  at  the  same 
price,  and  on  the  same  terms  and  conditions,  as  are,  or  maj  Nj,  provided 
by  law  for  the  other  public  lands  in  the  said  Territory.  And  the  prin- 
cipal deputy  surveyor  of  each  district  respectively  shall  be  ami  ue  is 
hereby  authorized,  under  the  superintendence  of  the  surveyor  of  the 
public  lands  south  of  the  State  of  Tennessee,  to  cause  to  be  surveyed 
the  tracts  claimed  by  virtue  of  this  section  ;  and  in  all  cases  where  by 
reason  of  bends  in  the  river,  lake,  creek,  bayou,  or  water-course,  border- 
ing on  the  tract,  and  of  adjacent  claims  of  a  similar  nature,  each  claim- 
ant cannot  obtain  a  tract  equal  in  quantity  to  the  adjacent  tract  already 
owned  by  him,  to  divide  the  vacant  land  applicable  to  that  object  be- 
tween the  several  claimants,  in  such  manner  as  to  him  may  appear  most 
Proviso  as  to  equitable  :  Provided  however,  That  the  right  of  pre-emption  granted  by 
the  extent  of  the  this  section  shall  not  extend  -o  far  in  depth,  as  to  include  lands  lit  for 
pre-emption.  cultivation,  bordering  on  another  river,  creek,  bayou  or  water-course. 
And  every  person  entitled  to  the  benefit  of  this  section  shall,  within 
three  years  after  the  date  of  this  act,  deliver  to  the  register  of  the  proper 
land  office,  a  notice  in  writing,  stating  the  situation  and  extent  of  the 
tract  of  land  he  wishes  to  purchase,  and  shall  also  make  the  payment 
and  payments  for  the  same,  at  the  time  and  times,  which  are,  or  may  be, 
prescribed  by  law  for  the  disposal  of  the  other  public  lands  in  the  said 
Territory ;  the  time  of  his  delivering  the  notice  aforesaid  being  con- 
sidered as  the  date  of  the  purchase.  And  if  any  such  person  shall  fail  to 
deliver  such  notice  within  the  said  period  of  three  years,  or  to  make 
such  payment  or  payments  at  the  time  above  mentioned,  his  right  of 
pre-emption  shall  cease  and  become  void ;  and  the  land  may  thereafter 
be  purchased  by  any  other  person  in  the  same  manner,  and  on  the  same 
terms,  as  are  or  may  be  provided  by  law  for  the  sale  of  other  public 
lands  in  the  said  Territory. 

When  land  of-  SEC.  6.  And  be  it  further  enacted,  That  the  land  offices  established  by 
fices  established  virtue  of  the  third  section  of  this  act,  shall  be  opened  on  the  first  day 
by  this  act  to  be  of  January,  one  thousand  eight  hundred  and  twelve,  for  the  sale  of  all 
the  public  lands,  with  the  exception  of  section  No.  sixteen,  (e)  of  the 
salt  springs,  and  land  contiguous  thereto,  (/)  and  of  the  tracts  reserved 
for  the  support  of  seminaries  of  learning  as  herein  after  provided,  (g) 
which  shall  have  been  previously  surveyed,  and  the  surveys  thereof 
returned  according  to  law  to  the  registers  of  the  land  offices  respect- 
ively ;  and  on  the  first  day  of  February,  one  thousand  eight  hundred 
and  twelve,  for  the  sale  of  such  of  the  public  lands,  which  from  the 
nature  of  the  country  cannot  be  surveyed  in  the  ordinary  way.  and  are 
embraced  by  the  provisions  of  the  second  section  of  this  act,  as  shall 
have,  at  least  six  weeks  previous  to  the  said  first  day  of  February,  one 
thousand  eight  hundred  and  twelve,  been  advertised  for  sale  by  the 
surveyor  of  the  public  lands  south  of  the  State  of  Tennessee,  with  the 
approbation  of  the  President  of  the  United  States.  The  public  sales  for 
the  land  subdivided  into  quarter-sections  in  the  ordinary  way,  shall  be 
held  for  one  calendar  month,  under  the  superintendence  of  the  register 
and  receiver  of  each  land  office  respectively,  and  of  either  the  surveyor 
of  public  lands  south  of  Tennessee,  or  of  his  principal  deputy  surveyor 
in  the  district,  who  shall  each  receive  six  dollars  for  each  day's  attend- 
ance on  the  same  ;  and  no  tract  of  land  shall  be  sold  at  said  public  sales 
for  a  less  price,  than  that  which  is  or  may  be  prescribed  by  law,  for  the 
sale  of  public  lands  in  the  Mississippi  Territory.  And  from  and  after 
the  first  day  of  February,  one  thousand  eight  hundred  and  twelve,  any 
tract  which  has  been  thus  offered  for  sale  at  public  sale,  and  remains 
unsold,  as  well  as  any  tract  of  land  embraced  by  the  provisions  of  the 
second  section  of  this  act,  the  sale  of  which  is  authorized  by  this  section, 
may  be  disposed  of  at  private  sale  by  the  register  of  the  land  office,  for 
the  same  price  which  is  or  may  be  prescribed  by  law,  for  the  sale  of 
public  lands  in  the  Mississippi  Territory.  All  the  lands  sold  by  virtue 
of  this  section,  shall  in  every  other  respect  be  sold  on  the  same  terms 
of  payment,  and  conditions,  in  the  same  manner,  and  under  the  same 
regulations  as  are,  or  may  be,  prescribed  by  law,  for  the  sale  of  public 
Proviso.  lands  in  the  Mississippi  Territory:  Provided  however,  Than  [that]  in  case 

of  an  application  being  made  at  the  same  time,  for  the  purchase  at  private 
sale  of  the  same  tract  of  land  by  two  or  more  persons,  one  of  whom 
did  actually  inhabit  and  cultivate  such  tract  of  land  at  the  time  of 


LOUISIANA.  315 

passing  this  act,  and  still  continues  to  inhabit  and  cultivate  the  same 

at  the  time  of  such  application,  the  preference  shall  be  given  to  the 

person  thus  inhabiting  and  cultivating  such  tract  of  land.     And  pro-    Proviso. 

vided  also,  That  till  after  the  final  decision  of  Congress  thereon,  no 

tract  of  land  shall  be  offered  for  sale,  the  claim  to  which  has  been  in 

due  time,  and  according  to  law,  presented  to  the  register  of  the  land 

office,  and  filed  in  his  orifice,  for  the  purpose  of  being  investigated  by 

the  commissioners  appointed  for  the  purpose  of  ascertaining  the  rights 

of  persons  claiming  lands  in  the  Territory  of  Orleans;  or  which  shall 

have  been  located  by  or  for  Major-General  La  Fayette,  according  to 

law.  (eZ) 

SEC.  7.  And  he  it  further  enacted,  That  in  addition  to  the  township     An   additional 
alreadv  reserved  for  that  purpose  by  law  in  the  western  district  of  the  township  to    be 
Territory  of  Orleans,  and  which  shall  be  located  south  of  Red  River,  J^Sa  TeiStSr 
another  entire  township  shall  be  located  by  the  Secretary  of  the  Treas-  for  seminary  of 
ury  north  of  Red  River,  for  the  use  of  a  seminary  of  learning,  and  also  learning. 
an'  entire  township  in  the  Territory  of  Louisiana,  for  the  support  of  a 
seminary  of  learning  within  the  said  Territory.  (#) 

SEC.  8.  And  he  it  further  enacted,  That  the  surveyor-general  shall  cause  Surveyor- gen- 
such  of  the  public  lands  in  the  Territory  of  Louisiana,  as  the  President  eral  to  cause  cer- 
of  the  United  States  shall  direct,  to  be  surveyed  and  divided  in  the  Slio°l2?d8  in 
same  manner  and  under  the  same  regulations  and  limitation  as  to  ex-  Territory  of  Lou  - 
penses,  as  is  provided  by  law  in  relation  to  the  lands  of  the  United  isiana  to  be  sur- 
States,  northwest  of  the  river  Ohio  and  above  the  mouth  of  Kentucky  veyed  and  divid- 
River.  (6) 

SEC.  9.  And  he  it  further  enacted,  That  for  the  disposal  of  the  lands  of     Office  to  be  es- 
tlie  United  States  lyin 
be  established,  which 
the  United  States 

monies  shall  be  appointed  for  said  office,  who  shall  give  security  in  the 
same  manner,  in  the  same  sums,  and  whose  compensations,  emoluments, 
duties  and  authority,  shall  in  every  respect  be  the  same,  in  relation  to 
the  lands  which  shall  be  disposed  of  at  their  office,  as  are  or  may  be 
provided  for  by  law  in  relation  to  the  register  and  receiver  of  public 
monies  in  the  several  offices  established  for  the  disposal  of  the  lands  of 
the  United  States,  northwest  of  the  river  Ohio,  and  above  the  mouth  of 
Kentucky  River,  (c) 

SEC.  10.  And  he  it  further  enacted,  That  the  President  of  the  United  Lands  in  Ter- 
States  be,  and  he  is  hereby  authorized,  whenever  he  shall  think  proper,  ritory  of  Louisi- 
to  direct  so  much  of  the  public  lands  lying  in  the  Territory  of  Louisiana,  gf  8^ebe  ° 
as  shall  have  been  surveyed  in  conformity  with  the  eighth  section  of 
this  act,  to  be  offered  for  sale.  All  such  lands  shall,  with  the  exception 
of  the  section  "number  sixteen,"  which  shall  be  reserved  in  eacih  town- 
ship for  the  support  of  schools  within  the  same,  (e)  with  the  exception 
also  of  a  tract  reserved  for  the  support  of  a  seminary  of  learning,  (</) 
as  provided  for  by  the  seventh  section  of  this  act,  and  with  the  excep- 
tion aleo  of  the  salt  springs  and  lead  mines,  and  lands  contiguous  there- 
to ;  which,  by  the  direction  of  the  President  of  the  United  State_s,  may 
be  reserved  for  the  future  disposal  of  the  said  States,  (/)  shall  be  offered 
for  sale  to  the  highest  bidder,  under  the  direction  of  the  register  of  the 
land  office  and  the  receiver  of  public  monies  and  of  the  principal  dep- 
uty surveyor,  and  on  such  day  or  days  as  shall,  by  public  proclamation 
of  the  President  of  the  United  States,  be  designated  for  that  purpose. 
The  sales  shall  remain  open  for  three  weeks  and  no  longer.  The  lands 
shall  be  sold  for  a  price  not  less  than  that  which  has  been  or  may  be 
fixed  by  law  for  the  public  lands,  northwest  of  the  river  Ohio,  and 
above  the  mouth  of  Kentucky  River.  And  shall  in  every  other  respect 
be  sold  in  tracts  of  the  same  size,  on  the  same  terms  and  conditions,  as 
have  been  or  may  be  by  law  provided  for  the  lauds  sold  in  the  State  of 
Ohio.  The  superintendents  of  the  said  public  sales  shall  each  receive 
six  dollars  for  each  day's  attendance  on  the  said  sales.  All  the  lands 
which  have  been  thus  offered  for  sale,  at  public  sale,  remaining  unsold 
at  the  closing  of.  the  public  sales,  may  be  disposed  of  at  private  hale  by 
the  register  of  the  land  office,  lor  the  same  price  which  is  or  may  be 
prescribed  by  law  for  the  sale  of  public  lands  in  the  State  of  Ohio  : 
Provided  however,  That  till  alter  the  decision  of  Congress  thereon,  no  Proviso, 
tract  of  land  shall  be  offered  for  sale,  the  claim  to  which  has  been  in 
due  time  and  according  to  law  presented  to  the  recorder  of  land  titles 
in  the  District  of  Louisiami  and  filed  in  his  office,  for  the  purpose  of 
being  investigated  by  the  commissioners  appointed  for  ascertaining  the 


316  LOUISIANA. 

rights  of  persons  claiming  lands  in  the  Territory  of  Louisiana.    And 

Patents    how  patents  shall  be  obtained  lor  all  lauds  sold  in  the  Territory  of  Louisiana, 

obtained.  ju  tne  same  manner  and  on  the  same  terms  as  is  or  may  be  provided  by 

law  for  land  sold  in  the  State  of  Ohio,  (d) 

Claim  of   cor-     SEC.  11.  And  be  it  further  enacted.  That  the  claim  of  the  corporation 
t>i>ration  of    Or-  of  tjie  c[ty  of  Xew  Orleans,  to  the  common  adjacent  thereto,  and  with- 
etf  valid.  °       ^  *n  8'x  hundred  yards  from  the  fortifications  of  the  same,  as  confirmed 
by  the  act,  entituled  "  An  act  respecting  claims  to  lands  in  the  Territo- 
ries of  Orleans  and  Louisiana,"  shall  be  deemed  valid,  although  the 
relinquishment  of  the  said  corporation  to  any  claim  beyond  the  said 
distance  of  six  hundred  yards  was  not  made  till  after  the  expiration  of 
the  period  of  six  months  prescribed  by  the  act  last  mentioned,  (/i) 
Navigable  riy-      SEC.  12.  And  be  it  further  enacted,  That  all  the  navigable  rivers  and 
era  to  be  public  waters  in  the  Territories  of  Orleans  and  Louisiana  shall  be  and  for  ever 
highways.  remain  public  highways. 

Appropriation.  SEC.  13.  And  be  it  further  enacted,  That  a  sum  not  exceeding  forty 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  for  the  pur- 
pose of  carrying  this  act  into  effect,  which  sum  shall  be  paid  out  of 
unappropriated  monies  in  the  Treasury. 

Repeal  of  the      SEC.  14.  And  be  it  further  enacted,  That  the  act,  entituled  "An  act  pro- 
fan  °f  Feb'   15>  vidiuS  for  tne  final  adjustment  of  claims  to  lands,  and  for  the  sale  of 
the  public  lands  in  the  Territories  of  Orleans  and  Louisiana,"  approved 
February  the  sixteenth,  [fifteenth]  eighteen  hundred  and  eleven,  be, 
and  the  same  is  hereby  repealed,  (t) 

(a)  See  Xos.  699,  701,  703,  704,  705,  708,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732,  737, 
736,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 
904.  911,  !!46,  956,  957,  961,  967. 

(6)  See  Xos.  701,  703,  704,  708,  718,  722,  724,  727,  730,  731,  777,  803,  858. 

(c)  See  Xos.  701,  704.  708,  711,  718,  731,  737,  740,  831,  879,  965. 

(d)  See  Xos.  704,  70^,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,  818,  849,  858,  860,  897, 

899,  919,  920,  928,  963. 

(e)  See  Xos.  418,  704.  708,  S32,  834,  835,  837,  841,  843,  853,  859,  883,  884,  891,  894,  895,  903. 
(/)  See  Xos.  704, 708. 

0?)  See  Xos.  704,  708,  760. 

(h)  See  Xos.  705,  708,  713,  734,  739. 

(i)  See  Xo.  708. 


Dec.  12,  1811.      No.  711.— AX'  ACT  extending  the  time  for  opening  the  several  land  offices  estab- 
Vol.  2,  p.  668.  lished  in  the  Territory  of  Orleans. 


Further  time  Be  it  enacted,  $-c.,  That  so  much  of  the  sixth  section  of  an  act,  enti- 
allo wed  for  open-  tnled  "An  act  providing  for  the  final  adjustment  of  claims  to  lands  and 
^AcTof  rebel's  for  the  8ale  of  the  Public  lau(l8  in  fche  Territories  of  Orleans  and  Louisi- 
1311,  '  '  ana,  and  to  repeal  the  act  passed  for  the  same  purpose  and  approved  Feb- 

ruary sixteenth,  [fifteenth]  one  thousand  eight  hundred  and  eleven,"  as 
directs  that  the  several  land  offices  established  in  the  Territory  of  Orleans 
shall  be  opened  on  the  first  day  of  January  and  on  the  first  day  of  Feb- 
ruary, one  thousand  eight  hundred  and  twelve,  be,  and  the  same  is 
hereby  repealed. 

Land  offices  to     SEC."  '2.  And  be  it  further  enacted,  That  the  said  land  offices  shall,  re- 
be  opened  on  spectively,  be  opened  on  such  day  or  days  as  the  President  of  the 
brdeSatlcTby  United  States  shall,  by  proclamation,  designate  for  that  purpose  ;  and 
the  President.      the  public  land  shall,  in  every  other  respect,  be  offered  for  sale  at  the 
said  offices  in  the  same  manner  as  is  directed  by  the  aforesaid  act.  («) 

(a)  See  Xos.  701,  704,  708,  710,  718,  731,  737,  740,  831,  879,  965. 


March  10,  1812.  No.  712.— AX  ACT  giving  further  time  for  registering  claims  to  land  in  the  west- 
"Vol.  2,  p.  692.  em  district  of  the  Territory  of  Orleans. 

Further  time  Be  i'  enacted,  fc.,  That  every  person  or  persons  claiming  lands  in  the 
given  for  regis-  western  district  of  the  Territory  of  Orleans,  who  are  actual  settlers  on 
tering  claims  in  the  land  which  thev  claim,  and  whose  claims  have  not  been  heretofore 
filed  witb  the  register  of  the  land  office,  for  the  said  district,  shall  be 
allowed  until  the  first  day  of  November  next,  to  deliver  notices  in  writ- 
ing, and  the  written  evidences  of  their  claims  to  the  register  of  the 
land  office  at  Opelousas ;  and  the  notices  and  evidences  so  delivered 
within  the  time  limited  by  this  act,  shall  be  recorded  in  the  same  man- 
ner, and  on  payment  of  the  same  fees,  as  if  the  same  had  been  delivered 
before  the  first  day  of  July,  one  thousand  eight  hundred  and  eight ; 
but  the  rights  of  such  persons  as  shall  neglect  so  doing  within  the  time 


LOUISIANA.  317 

limited  by  this  act,  shall,  so  far  as  they  are  derived  from,  or  founded 
on  any  act  of  Congress,  ever  after  be  barred  and  become  void,  and  the 
evidences  of  their  claims  never  after  admitted  as  evidence  in  any 
court  of  the  United  States  against  any  grant  derived  from  the  United 
States. 

SEC.  2.   And  1)e  it  further  enacted.  That  the  register  and  receiver  of     Duties  of   the 
public  monies  of  the  said  land  office  at  Opelousas,  shall  have  the  same  register  and  re- 
powers  and  perform  the  same  duties  in  relation  to  the  claims  thus  filed  JjyjLfJ  Jfu  the 
before  the  first  day  of  November  next,  as  if  notice  of  the  same  had  been  iau<i  Office  at  o-p- 
given  before  the  first  day  of  July,  one  thousand  eight  hundred  and  elouas. 
eight,  except  that  their  "decisions  shall  be  subject  to  the  revision  of  Con- 
gress.    And  it  shall  be  the  duty  of  the  said  register  and  receiver  to 
make  to  the  Secretary  of  the  Treasury,  a  report  of  all  the  claims  thus 
filed  with  the  register  of  the  land  office,  together  with  the  substance  of 
the  evidence  in  support  thereof,  with  their  opinion,  and  such  remarks 
thereon  as  they  may  think  proper ;  which  report,  together  with  a  list  of     The  reports  of 
the  claims,  which,  in  the  opinion  of  the  register  and  receiver,  ought  to  the  register  and 
be  confirmed,  shall  belaid  by  the  Secretary  of  the  Treasury  before  Con-  faei(J  ^f  ore  Con6 
gress  at  their  next  session,  for  their  determination  thereon.    The  said  gress. 
register  and  receiver  shall  have  power  to  appoint  a  clerk,  whose  duty 
shall  be  the  same,  in  relation  to  the  claims  filed  as  aforesaid,  as  was 
required  of  the  clerk  to  the  board  of  commissioners  for  adjusting  claims 
to  land  in  the  said  district  j  and  the  said  register,  receiver  and  clerk,     Allowance    on 
shall  each  be  allowed  fifty  cents  for  each  claim  filed  according  to  this  claims  filed, 
act,  and  on  which  a  decision  shall  be  made,  whether  such  decision  be 
in  favour  of,  or  against  the  claim  ;  which  allowance  of  fifty  cents,  shall 
be  in  full  compensation  for  their  services  under  this  act.  (a) 

(a)  See  Nos.  G99,  701,  703,  704,  705,  708,710,716,  718,  721,  7-22,  723,  724,  728,  731,  732,  737,  738, 
739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  699,  904, 
911, 946,  956,  957,  961,  967. 


No.  713.— AN  ACT  granting  to  the  corporation  of  the  city  of  New  Orleans  the  use     April  3. 1812- 
and  possession  of  a  lot  in  the  said  city.  Vol.  2,  p.  700. 


Be  it  enacted,  #c.,  That  all  the  right  and  claim  of  the  United  States  to     Right  of    the 
the  use,  possession  and  occupancy  of  a  space  of  one  hundred  and  fifty  United  States  to 
by  one  hundred  and  twenty-five  feet  of  a  vacant  lot  of  ground,  in  the  a  certain  portion 
city  of  New  Orleans,  bounded  by  Bienville  and  Custom-house  streets,  Sty^ENew  Or* 
and  by  Levee  street  and  the  high-road,  be,  and  the  same  is  hereby  leans    ceded    to 
vested  in  the  corporation  of  the  said  city.    And  the  said  corporation  is  the  city, 
authorized  to  use,  possess  and  occupy  the  same,  for  the  purpose  of  erect- 
ing or  causing  to  be  erected  and  kept  in  operation  a  steam  engine,  or 
engines,  for  conveying  water  into  the  said  city,  and  all  buildings  neces- 
sary to  the  said  purpose :  Provided,  That  if  the  said  space  of  ground     Proviso,    that 
shall  not  be  occupied  for  the  said  purpose,  within  the  term  of  three  the  ground  shall 
years,  from  and  after  the  passing  of  this  act,  or  shall  at  any  time  there-  |j  ^ree"  M,rs 
after  cease  to  be  so  occupied,  for  the  term  of  three  years,  the  right  and l 
claim  of  the  United  States  thereto,  shall  remain  unimpaired :  And  pro-     pr0viso. 
vided  also,  That  this  act  shall  not  affect  the  claim,  or  claims  of  any  indi- 
vidual or  individuals,  if  any  such  there  be.  (a) 

(a)  See  Nos.  705,  708,  710,  734,  739. 


No.  714.— AN  ACT  for  the  admission  of  the  State  of  Louisiana  into  the  Union,  and     April  8  1812. 
to  extend  the  laws  of  the  United  States  to  the  said  State.  Yol.  2,  p.  701. 

Whereas,  the  representatives  of  the  people  of  all  that  part  of  the  ter-  preamble 
ritory  or  country  ceded,  under  the  name  of  "Louisiana,"  by  the  treaty 
made  at  Paris,  on  the  thirtieth  day  of  April,  one  thousand  eight  hun- 
dred and  three,  between  the  United  States  and  France,  contained  with- 
in the  following  limits,  that  is  to  say  :  beginning  at  the  mouth  of  the 
river  Sabine ;  thence,  by  a  line  to  be  drawn  along  the  middle  of  said 
river,  including  all  islands  to  the  thirty-second  degree  of  latitude ; 
thence,  due  north,  to  the  northernmost  part  of  the  thirty-third  degree 
of  north  latitude ;  thence,  along  the  said  parallel  of  latitude,  to  the 
river  Mississippi ;  thence,  down  the  said  river,  to  the  river  Iberville  ; 
and  from  thence,  along  the  middle  of  the  said  river,  and  Lakes  Maure- 
pas  and  Ponchartrain,  to  the  Gulf  of  Mexico;  thence,  bounded  by  the 
said  gulf,  to  the  place  of  beginning,  including  all  islands  within  three 
leagues  of  the  coast ;  did,  on  the  twenty-second  day  of  January,  one 


318  LOUISIANA. 

thousand  eight  hundred  and  twelve,  form  for  themselves  a  constitution 
and  State  government,  and  give  to  the  said  State  the  name  of  the  State 
of  Louisiana,  in  pursuance  of  an  act  of  Congress,  entituled  "  An  act  to 
enable  the  people  of  the  Territory  of  Orleans  to  form  a  constitution  and 
State  government,  and  for  the  admission  of  the  said  State  into  the 
Union,  on  an  equal  footing  with  the  original  States,  and  for  other  pur- 
poses :"  And  the  said  constitution  having  been  transmitted  to  Congress, 
and  by  them  being  hereby  approved  ;  therefore 

Louisiana  to  Be  it  enacted,  $-c.,  That  the  said  State  shall  be  one,  and  is  hereby  de- 
be  admitted  into  dared  to  be  one  of  the  United  States  of  America,  and  admitted 'into 
indVpe'ndeirt tne  Union  on  an  equal  footing  with  the  original  States,  in  all  respects 
State.  whatever,  by  the  name  and  title  of  the  State  of  Louisiana:  Prorided, 

Proviso.  That  it  shall  be  taken  as  a  condition  upon  which  the  said  State  is  incor- 

porated in  the  Union,  that  the  river  Mississippi,  and  the  navigable 
rivers  and  waters  leading  into  the  same,  and  into  the  Gulf  of  Mexico, 
shall  be  common  highways,  and  for  ever  free,  as  well  to  the  inhabitants 
of  the  said  State  as  to  the  inhabitants  of  other  States  and  the  Territo- 
ries of  the  United  States,  without  any  tax,  duty,  impost  or  toll  there- 
for, imposed  by  the  said  State  ;  and  that  the  above  condition,  and  also  all 
other  the  conditions  and  terms  contained  in  the  third  section  of  the  act, 
the  title  whereof  is  herein,  before  recited,  shall  be  considered,  deemed 
and  taken,  fundamental  conditions  and  terms,  upon  which  the  said  State 
is  incorporated  in  the  Union,  (a) 

*  *  *  *  *  *  * 

SEC.  6.  And  be  it  further  enacted,  That  this  act  shall  commence  and 
be  in  force  from  and  after  the  thirtieth  day  of  April,  eighteen  hundred 
and  twelve. 

(a)  See  Xos.  698, 699, 702, 707,  709, 715,  762. 


April  14,  1812.  No.  715.— AX  ACT  to  enlarge  the  limits  of  the  State  of  Louisiana. 

0  • ' *  P- '  Be  it  enacted,  #c.,  That  in  case  the  legislature  of  the  State  of  Louis- 

Limits  of  the  iana  shall  consent  thereto,  all  that  tract  of  country  comprehended 
State  enlarged.  within  the  following  bounds,  to  wit :  beginning  at  the  junction  of  the 
Iberville,  with  the  river  Mississippi ;  thence  along  the  middle  of  the 
Iberville,  the  river  Amite,  and  of  the  lakes  Maurepas  and  Poutchar train' 
to  the  eastern  mouth  of  the  Pearl  River ;  thence  up  the  eastern  branch 
of  Pearl  River  to  the  thirty-first  degree  of  north  latitude ;  thence  along 
the  said  degree  of  latitude  to  the  river  Mississippi ;  thence  down-  the 
said  river  to  the  place  of  beginning,  shall  become  and  form  a  part  of 
the  said  State  of  Louisiana,  and  be  subject  to  the  constitution  and  laws 
thereof,  in  the  same  manner,  and  for  all  intents  and  purposes  as  if  it 
had  been  included  within  the  original  boundaries  of  the  said  State,  (a) 
(a)  See  Xos.  698, 699,  702, 707,  709,  714,  762. 

April  14,  1812.    No.  T 16.— AX  ACT  giving  further  time  for  registering  claims  to  land  in  the  eastern 
Vol.  2,  p.  709.  district  of  the  Teiyitory  of  Orleans; 


Further    time     Be  it  enacted,  $°c.,  That  every  person  or  persons  claiming  lands  in  the 
allowed  for  reg-  eastern  district  of  the  Territory  of  Orleans,  who  are  actual  settlers  on 
istering  claims.    ^e  ian(j  which  they  claim,  and  whose  claims  have  not  been  heretofore 
filed  with  the  register  of  the  land  office  for  the  said  district,  shall  be 
allowed  until  the  first  day  of  November  next  to  deliver  notices  in  writ- 
ing, and  the  written  evidences  of  their  claims,  to  the  register  of  the 
land  office  at  New  Orleans ;  and  the  notices  and  evidences  so  delivered, 
Limitation    of  within  the  time  limited  by  this  act,  shall  be  recorded  in  the  same  man- 
notices,  ner,  and  on  payment  of  the  same  fees,  as  if  the  same  had  been  de- 
livered before  the  first  day  of  July,  one  thousand  eight  hundred  and 
eight ;  but  the  rights  of  such  persons  as  shall  neglect  so  doing  within 
the  time  limited  by  this  act,  shall,  so  far  as  they  are  derived  from,  or 
founded  on,  any  act  of  Congress,  ever  after  be  barred  and  become  void, 
and  the  evidences  of  their  claims,  never  after  admitted  as  evidence  in 
any  court  of  the  United  States,  against  any  grant  derived  from  the 
United  States. 

Duties  of  reg-      SEC.  2.  And  le  it  further  enacted,  That  the  register  and  receiver  of 

ist«r  and  receiv-  public  monies  of  the  said  land  office  at  New  Orleans,  shall  have  the  same 

er   ^(  •  powers,  and  perform  the  same  duties,  in  relation  to  the  claims  thus  tiled 

before  the  first  day  of  November  next,  as  if  notice  of  the  same  had  been 


LOUISIANA.  319 

given  before  the  first  clay  of  July,  one  thousand  eight  hundred  and 
eight,  except  that  their  decision  shall  he  subject  to  the  revision  of  Con- 
gress.    And  it  shall  be  the  duty  of  the  said  register  and  receiver  to 
make  to  the  Secretary  of  the  Treasury  a  report  of  all  the  claims  thus     To    report    to 
tiled  with  the  register  of  the  land  office^  together  with  the  substance  of  the  Secretary  of 
the  evidence  in  support  thereof,  with  their  opinion  and  such  remarks tn 
thereon  as  they  may  think  proper;  which  report,  together  with  a  list 
of  the  claims  which,  in  the  opinion  of  the  register  and  receiver,  ought 
to  be  confirmed,  shall  be  laid  by  the  Secretary  of  the  Treasury  before 
Congress,  at  their  next  session,  for  their  determination  thereon.    The 
said  register  and  receiver  shall  have  power  to  appoint  a  clerk,  whose 
duties  shall  be  the  same,  in    relation  to  the  claims  filed  as  aforesaid,  as 
was  required  of  the  clerk  to  the  board  of  commissioners  for  adjusting 
claims  to  lands  in  the  said  district;  and  the  said  register,  receiver  and 
clerk,  shall  each  be  allowed  fifty  cents  for  each  claim  filed  according  to     Allowance    of 
this  act,  and  on  which  a  decision  shall  be  made,  whether  such  decision  fees. 
be  in  favour  of,  or  against  the  claim;  which  allowance  of  fifty  cents 
shall  be  in  full  compensation  for  their  services  under  this  act.  (a) 

(a)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  712,  718,  721,  722,  723,  724,  728,  731,  732,  737, 
738,  739,  740, 745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


No.  717. -AN  ACT  to  authorize  the  Secretary  for  the  Department  of  "War  to  ex-     April  23,  1312. 
change  lands,  "with  the  Ursuline  Nuns,  of  the  city  of  New  Orleans.  Vol.  6,  p.  107. 


Be  it  enacted,  $-c.,  That  the  Secretary  for  the  Department  of  War  be,     Secretary      of 
and   he  is  hereby  authorized  and  empowered  to  exchange  the  lot  of  "War  empowered 
ground,  situate  in  the  city  of  New  Orleans,  on  which  the  military  hos-  *9  exchange  a  lot 
pital  of  the  United  States  stands,  with  the  Ursuline  Nuns  of  said  city,  orfeaTwith  the 
whose  convent  adjoins  or  is  near  the  same,  for  such  other  lot  or  lots  of  Ursuline  Nuns, 
ground,  in  said  city  of  New  Orleans,  or  its  vicinity,  owned  by  the  said 
nuns,  as,  in  the  opinion  of  said  Secretary,  shall  be  conveniently  situ- 
ated for  a  military  hospital  and  of  equal  value  with  the  said  lot  on 
which  the  said  hospital  now  stands,  including  the  value  of  said  hos- 
pital. 

SEC.  2.  And  be  it  further  enacted,   That  in  case  of  such  exchange,  the     To  make  a  deed 
Secretary  for  the  Department  of  War  is  hereby  authorized  and  empow-  to  them  for  the 
ered  to  make,  execute  and  deliver,  in  behalf  of  the  United  States,  to  the  ^ot- 
said  Ujrsuline  Nuns,  or  to  such  person  or  persons  as  they  may  designate, 
a  deed  or  other  instrument  in  writing,  therein  and  thereby  conveying 
to  them  all  the  right  and  title  of  the  United  States,  in  and  to  the  said 
lot  of  ground  aforesaid,  reserving  however  to  the  United  States  the  use 
of  said  hospital,  for  such  time  as  he  shall  judge  necessary;  and  the 
Secretary  for  the  Department  of  War  is  hereby  also  authorized  to  take     And  to  receive 
and  receive  from  the  said  Ursuline  Nuns,  or  from  such  person  or  per-  one  from  them  in 
sons,  as  may  be  authorized  in  their  behalf  for  that  purpose,  a  deed  or  J^alf of  theTJni- 
deeds  or    other  instrument  in  writing,  conveying  to  the  United  States 
a  good  a  Ld  sufficient  title  to  the  lot  or  lots  of  ground,  which  he  may 
agree  to  take  in  exchange ;  and  winch  deed  or  deeds,  or  other  instru- 
ment in  writing,  shall  contain  the  necessary  covenants  to  secure  to  the 
United  States  in  case  of  any  failure  of  title  thereto. 


No.  718.— AN  ACT  for  ascertaining  the  titles  and  claims  to  lands  in  that  part  of     April  25,  1812. 
the  Louisiana  which  lies  east  of  the  river  Mississippi  and  island  of  New  Orleans.         Vol.  2,  p.  713. 


Uc  it  enacted,  #c.,  That  for  the  purpose  of  ascertaining  the  titles  and     Two  land  dis- 
claims to  lands  in  that  tract  of  country  which  lies  south  of  the  Missis-  tricts  to  be  laid 
sippi  Territory,  east  of  the  river  Mississippi  and  Island  of  New  Orleans,  off> 
and  west  of  the  river  Perdido,  and  a  line  drawn  with  the  general  course 
thereof  to  the   southern  boundary  of  the  said  Mississippi  Territory, 
the  lauds  within  the  said  limits  shall  be  laid  off  into  two  land  districts, 
between  which  Pearl  River  shall  be  the  boundary;  and  for  each  of 
which  districts  a  commissioner  for  land  claims  shall  be  appointed  by     r 
the  President  of  the  United  States,  with  the  advice  and  consent  of  the  to  be  appointed1 
Senate.     The  said  commissioners  shall,  respectively,  have  power  to  ap- 
point a  clerk,  who  shall  be  a  person  capable  of  translating  the  French     C1    , 
and  Spanish    languages,  and  who  shall,  in  addition  to  the  other  duties 
required  of  him  by  this  act,  perform  the  duties  of  translator,  when  re-    • 


320  LOUISIANA. 

quired  by  the  commissioner.    And  the  said  commissioners  and  clerk 

shall,  before  entering  on  the  duties  of  their  appointments,  respectively 

Oath.  take  an  oath  or  affirmation,  truly  and  faithfully  to  execute  the  duties 

imposed  on  them  by  this  act.  («) 
Commissioners      SEC  '2.  And  be  it  further  enacted,  That  for  the  more  convenient  ascer- 

and  clerks  to  at-  tainment  of  the  titles  and  claims  to  lands  as  aforesaid,  it  shall  be  the 
tlje  1>ar  duty  °f  eacn  °f  the  said  commissioners,  respectively,  and  their  clerks, 
to  attend  in  each  of  the  several  parishes  in  his  district,  at  such  time 
and  place  therein  as  he  shall  appoint,  for  the  purpose  of  receiving  no- 
tices and  evidences  of  titles  and  claims  to  lands  within  the  same;  and 
when  the  commissioners  shall  have  appointed  the  time  and  place  for 
Twenty    "lays' his  attendance  in  any  parish,  he  shall  cause  public  notice  thereof  to  be 

notice  to  be  giv-  given  to  the  inhabitants  of  the  same,  for  at  least  twenty  days  previous 

to  the  time  of  his  commencing  the  business  of  his  appointment  therein. 

Each   cornmis-     SEC.  3.  And  be  it  further  enacted,  That  each  commissioner,  after  he  shall 

sioner  to  keep  an  have  attended  for  a  reasonable  and  sufficient  length  of  time  in  each  par- 
ish of  his  district,  for  the  claimants  of  lands  within  the  same  to  have  de- 
livered the  notices  and  evidences  of  their  claims,  shall  establish  his  of- 
fice at  such  place  in  his  district  as  he  shall  judge  most  convenient,  and 
of  which  he  shall  give  public  notice  ;  and  every  person  claiming  lands 
within  his  district,  who  shall  have  neglected,  or  by  any  circumstance 
have  been  prevented  from  delivering  a  notice  and  evidence  of  his- 
claims,  daring  the  time  the  commissioner  attended  in  the  parish  in 
which  the  lands  he  may  claim  are  situate,  shall  be  at  liberty,  at  any 
Six  months  al-  time  before  the  end  of  six  months  from  and  after  such  office  shall  have 

lowed  to  deliver  been  established,  to  deliver  a  notice  and  the  evidence  of  his  claims; 

dence.   *         "'  and  [t  sha11  ^ave  the  8ame  effect  as  if  delivered  in  the  parish  wherein 

the  lands  claimed  are  situated. 
Any     French,      SEC.  4.  And  be  it  further  enacted,  That  every  person  claiming  lands  in 

British,  or  Span-  the  tract  of  country  aforesaid,  by  virtue  of  any  grant,  order  of  survey, 
or  other  evidence  of  claim  whatsoever,  derived  from  the  French,  Brit- 
ish or  Spanish  Governments,  shall  deliver  to  the  commissioner  for  land 
claims,  when  attending  for  the  purpose,  in  the  parish  in  which  the 
lands  claimed  may  lie,  a  notice  in  writing,  stating  the  nature  and  ex- 
tent of  his  claims,  together  with  the  plat  (in  case  a  survey  shall  have 
•  To  be  delivered  been  made)  of  the  tract  or  tracts  claimed ;  and  shall  deliver  to  the  com- 

for  recording.       missioner  when  attending  as  aforesaid,  for  the  purpose  of  being  recorded, 
every  grant,  order  of  survey,  deed,  conveyance,  or  other  written  evi- 
dence of  his  claim ;  and  the  same  shall  be  recorded  by  the  clerk,  in 
Recording  fees,  books  to  be  kept  for  that  purpose,  on  his  receiving  from  the  party  or 
parties  at  the  rate  of  twelve  and  a  half  cents  for  every  hundred  word* 
contained  in  such  written  evidence  of  their  claim :    Provided  hoicerer, 
Complete  That  where  lands  are  claimed  by  virtue  of  a  complete  French,  British 

French,   British,  or  Spanish  grant,  it  shall  not  be  necessary  for  the  claimant  to  have  any 

or    Spanish  other  evidence  of  his  claim  entered  at  large  on  the  record,  except  the 

original  grant  or  patent,  together  with  the  order  of  survey,  and  the 

plat;  all  the  other  conveyances  or  deeds  maybe  abbreviated  in  the 

entry ;  but  the  chain  of  title,  and  the  date  of  every  transfer  shall  ap- 

Xeslect  to  give  ptar  on  the  record.     And  if  such  person  shall  neglect  to  deliver  such 

n  o  t  Fc  e    invali-  notice  iu  writing  of  his  claim,  together  with  the  plat  (in  case  the  lands 

dates  the  claim,    claimed  shall  have  been  surveyed)  as  aforesaid,  or  cause  to  be  recorded 

such  written  evidence  of  the  same  within  the  time  and  times  as  afore- 

.  said,  his  claim  shall  never  alter  be  recognized  or  confirmed  by  the 

And    prevents  United  States ;  nor  shall  any  grant,  order  of  survey,  deed,  conveyance,  or 

proof    of    claim  other  written  evidence,  which  shall  not  be  recorded  as  above  directed, 

against  ^th^r  ever  after  be  considered  or  admitted  as  evidence  in  any  court  of  the 

grants.  United  States,  against  any  grant  which  may  hereafter  be  derived  from 

the  United  States. 
Duty  and  pow-      SEC.  5.  And  be  it  further  enacted,  That  the  said  commissioners  shall 

er    of     commis-  have  power,  in  their  respective  districts,  to  inquire  into  the  justice  and 

sioners.  validity  of  the  claims  filed  with  them  as  aforesaid :  it  shall  be  their 

duty  to  ascertain  in  every  case,  whether  the  lands  claimed  have  been 
inhabited  and  cultivated ;  at  what  time  such  inhabitation  and  culti- 
vation commenced  ;  when  surveyed,  and  by  whom  and  what  authority ; 
and  into  every  other  matter  respecting  the* claims  which  may  affect  the 
justice  and  validity  thereof;  and  for  that  purpose  shall  have  power  to 
administer  oaths,  and  to  compel  the  attendance  of,  and  examine  wit- 
nesses and  such  other  testimony  as  may  be  adduced  ;  to  have  access  to 
all  records  of  a  public  nature,  relative  to  the  granting,  sale,  transfer  or 
titles  of  lands  within  their  respective  districts,  and  to  take  transcripts 


LOUISIANA.  321 

from  such  record  or  records  or  any  part  thereof ;  and  the  evidence  thus     clerk  to  enter 
adduced  and  obtained,  shall  by  the  clerk,  be  entered  in  a  book  to  be  evidence, 
kept  for  that  purpose,  (b) 

SEC.  6.  A  nd  be  it  further  enacted,  That  the  powers  vested  by  law  in  Surveyor  of 
tbe  surveyor  of  the  lands  of  the  United  States  south  of  the  State  of  lands  south  of 
Tennessee,  shall  extend  over  all  the  public  lands  in  the  said  tract  of  p^^enES 
country,  (c)  • 

SEC.  7.  And  le  it  further  enacted,  That  the  said  commissioners  shall  re-    Abstracts  to  be 
spectively,  under  such  instructions  as  the  Secretary  of  the  Treasury  made ont  *?d  *°r: 
may,  with  the  approbation  of  the  President  of  the  United  States,  trans-  gSretary  o|  the 
mit  to  them  in  relation  thereto,  prepare,  and  cause  to  bo  prepared,  Treasury  by  the 
abstracts  from  the  records  of  the  claims  filed  as  aforesaid,  in  which  the  commissioners, 
claims  shall  be  arranged  into  classes,  according  to  their  respective  merits, 
and  other  circumstances  whereby  they  may  be  diversified ;  the  abstracts 
shall  contain  the  substance  of  the  evidence  adduced  in  support  of,  or 
obtained  respecting  the  claims,  and  shall  contain  such  other  informa- 
tion and  remarks  as  may  be  necessary  to  a  proper  decision  thereon,  which 
abstracts  the  commissioners  shall  respectively,  as  soon  as  may  be,  report 
to  the  Secretary  of  the  Treasury,  and  shall  by  him  be  laid  before  Con- 
gress at  the  next  session  thereafter  for  their  determination  thereon. 

SEC.  8.  And  ~be  it  further  enacted,  That  the  said  commissioners  be,  and  A  list  of  actual 
they  are  hereby  authorized  and  required  to  collect  and  report  to  Con-  settlers  to  be 
gress,  at  their  next  session,  a  list  of  all  the  actual  settlers  on  land  in  said  ™Jde  by  commis- 
districts,  respectively,  who  have  no  claims  to  land  derived  either  from  ported8  to  Con- 
the  French,  British  or  Spanish  Governments,  and  the  time  at  which  such  gress. 
settlements  were  made. 

SEC.  9.  And  be  it  further  enacted,  That  each  of  the  said  commissioners    Kates  of  corn- 
shall  be  allowed  as  compensation  for  his  services  in  relation  to  the  said  pensation. 
claims,  at  the  rate  of  fifteen  hundred  dollars  a  year ;  and  each  of  the 
clerks,  at  the  rate  of  one  thousand  dollars  a  year :  Provided,  that  not    Proviso, 
more  than  eighteen  months'  compensation  be  thus  allowed  to  the  com- 
missioner and  clerk  for  the  district  east  of  Pearl  River ;  nor  more  than 
two  years'  compensation  be  allowed  to  the  commissioner  and  clerk  for 
the  district  west  of  Pearl  River;  and  the  commissioner  for  the  eastern 
district,  on  making  his  report  to  the  Secretary  of  the  Treasury,  as  afore- 
said, shall  be  entitled  to  receive  in  addition  seven  hundred  and  fifty 
dollars,  and  his  clerk  five  hundred  dollars;  and  the  commissioner  for 
the  western  district,  on  making  his  report  aforesaid,  shall  receive  one 
thousand  dollars,  and  his  clerk  seven  hundred  and  fifty  dollars;  and 
the  said  allowances  shall  be  in  full  for  their  services  under  this  act.  (&) 

(a)  See  Nos.  701,  704,  708, 710, 711,  731, 737,  740,  831,  879, 965. 

(b)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  721,  722,  723,724, 728, 731,  732,  737,  738, 
739,  740,  745,  746,  749,  752,  753,  777,  790,817,  819,  826,  852,  863,  864,  873,  889,  899, 904,  911, 
946,  956,  957,  961,  967. 

(c)  See  Nos.  701,  703, 704,  708, 710,  722,  724,  727,  730, 731, 777,  803,  858. 


No.  719.— AN  ACT  granting  to  the  governor  of  the  State  of  Louisiana,  for  the  time     April  29,  1812. 
being,  and  his  successors  in  office,  a  lot  of  ground,  and  the  buildings  thereon,  in     Vol.  6,  p.  108. 

the  city  of  New  Orleans.  — 


Be  it  enacted,  $c.,  That  all  the  right  and  claim  of  the  United  States  to  The  right  of 
the  use,  possession,  and  occupancy  of  a  space,  of  three  hundred  and  J*eTJnited  States 
thirty-six  by  two  hundred  and  twenty  feet,  of  a  lot  of  ground  in  the  asdescribeTand 
city  of  New  Orleans,  bounded  by  Chartres  and  Levee  streets,  and  by  the  Government 
Thoulouse  street,  and  the  lot  of  the  widow  Castillon,  together  with  the  house,  &c.,tuere- 
house  on  the  above  described  lot,  known  by  the  name  of  the  Govern-  on'  ve^e(Linr^e 
ment  house,  and  the  other  buildings  thereon,  be,  and  the  same  are  hereby,  fsTana  &c.,  for 
vested  in,  and  conveyed  to,  the  governor  of  the  State  of  Louisiana  for  the  use  amt'bene- 
the  time  being,  and  his  successors  in  the  same  office,  for  the  sole  use  fit  of  the  State, 
and  benefit  of  the  said  State  of  Louisiana,  forever :  Provided,  however,  Proviso:  this 
That  this  act  shall  not  affect  the  claim  or  claims  of  any  individual  or  act  n,°t'  to  af«ct 
individuals,  if  any  such  there  be.  SviduTs  &c. 


No.  720.— AN  ACT  giving  validity  to  the  sale  of  certain  tracts  of  public   lands     July  1  1812 
sold  in  the  western  district  of  the  Territory  of  Orleans,  now  State  of  Louisiana.  Vol.  2,  p.  774. 

Beit  enacted,  #c.,  That  the  sale  of  the  several  tracts  of  public  lands    Sales  of  lands 
sold  in  the  month  of  January,  one  thousand  eight  hundred'and  tweJvr.  i»  the  month  of 
at  the  public  sales  held  under  the  superintendence  of  the  register  of  the 
21  L  O— VOL  II 


322  LOUISIANA. 

January,  1812,  land  office,  arid  the  principal  tlepnty  surveyor  of  the  western  district  of 
madevalid.          the  Territory  of  Orleans  (now  State  of  Louisiana,)  be,  and  the  same  is 
hereby  made  good  and  valid,  to  aH  intents  and  purposes,  any  law  to  the 
Purchasers  on  contrary  notwithstanding :  and  the  purchasers  of  the  said  tracts  shall 
complying  with  severally,  on  completing  the  payment  of  the  purchase  money,  according 
tohav^aten'X    to  law>  be  entitled  to  receive  a  patent  or  patents  for  the  lands  so  pur- 
chased and  paid  for,  as  in-case  of  other  lands  sold  by  the  United  States; 
the  first  instalment  of  the  purchase  money  shall  be  considered  as  due 
and  payable  at  ten  days  after  the  receiver  of  public  monies,  for  the  dis- 
trict within  which  the  lands  lie,  shall  have  entered  on  the  discharge  of 
the  duties  of  his  office,  (a) 

(a)  See  Xos.  704, 703, 710, 722, 729, 730, 731,  732, 761, 768, 786, 813, 818, 849, 858, 860, 897,  899, 
919,  920, 928,  963. 

Feb  27,  1813.     Ifo.  721.— AX  ACT  giving  further  time  for  registering  claims  to  lands  in  the  east- 
Tol.  2,  p.  807.          em  and  -western  districts  of  the  Territory  of  Orleans,  now  State  of  Louisiana. 


Actual  settlers     Be  it  enacted,  <$-c.,  That  every  person  or  persons  claiming  lands  in  the 
allowed  a  farther  eastern  or  western  district  of  the  Territory  of  Orleans,  now  State  of 
tbeir'claSms  with  Louisiana,  who  are  actual  settlers  on  the  land  which  they  claim,  and 
the  register  of  whose  claims  have  not  been  heretofore  filed  with  the  register  of  the 
the  land  office  at  land  office  for  the  district  wherein  the  lands  lie,  shall  be  allowed  until 
Kew  Orleans  and  tue  grgti  day  of  January  next,  to  deliver  notices  in  writing,  and  the 
written  evidences  of  their  claims,  in  the  said  districts  respectively,  to 
the  register  of  the  land  office  at  New  Orleans  and  Opelousas  ;  and  the 
notices  and  evidences  so  delivered  within  the  time  limited  by  this  act, 
shall  be  recorded  in  the  same  manner,  and  on  payment  of  the  same  fees, 
as  if  the  same  had  been  delivered  before  the  first  day  of  July,  one  thou- 
sand eight  hundred  and  eight;  but  the  rights  of  such  persons  as  shall 
neglect  so  doing  within  the  time  limited  by  this  act,  shall,  so  far  as  they 
are  derived  from,  or  founded  on,  any  act  of  Congress,  ever  after  be 
barred  and  become  void,  and  the  evidences  of  their  claims  never  after 
admitted  as  evidence  in  any  court  of  the  United  States  against,  any  grant 
derived  from  the  United  States. 

Claims  for-  SEC. '2.  And  be  it  further  enacted.  That  every  person  or  .persons  who 
f  eit  ed  that  are  bad  filed  his  or  their  noticeA)f  claim  to  lands  lying  within  either  of  the 
not  thus  entered.  gaid  districts  with  the  proper  register  of  the  land  office,  according  to 
former  laws,  but  have  not  exhibited  any  testimony  or  written  evidence 
in  support  of  the  same,  and  whose  claim  has  not  been  confirmed  by  the 
commissioners  appointed  to  ascertain  and  settle  claims  to  lands  in  the 
said  districts,  shall  be  allowed  until  the  first  day  of  January  next,  to 
deliver  the  written  evidence  or  other  testimony  in  support  of  his  or  their 
claim,  the  notice  of  which  had  been  filed  as  aforesaid,  to  the  register  of 
the  land  office  at  New  Orleans,  for  lands  lying  in  the  eastern  district, 
and  the  register  of  the  land  office  at  Opelousas,  for  lands  lying  in  the 
western  district :  and  every  written  evidence  of  claim,  the  notice  whereof 
had  been  filed  as  aforesaid,  for  lands  lying  in  the  said  districts,  delivered, 
within  the  time  limited  by  this  section,  to  the  said  registers;  shall  by 
them  respectively  be  recorded  in  the  same  manner  as  was  directed,  and 
on  receiving  the  same  fees  allowed  by  former  acts  for  recording  evidence 
Claims  barred,  of  claim  to  lands  in  the  same  districts ;  and  the  right  of  any  such  per- 
if  not  entered,  sons  neglecting  to  deliver  the  evidence  of  their  claims  as  above  men- 
tioned, shall  become  barred  and  void  in  so  far  as  the  same  is  derived 
from  the  United  States,  and  the  evidence  thereof  be  incapable  of  being 
admitted  in  any  court  whatsoever  against  any  grant  derived  from  the 
United  States.  ' 

Same  powers     SEC.  3.  And  le  it  further  enacted,  That  the  register  and  receiver  of 
given  to  the  re-  public  monies  of  the  said  respective  land  offices  at  New  Orleans  and 

eL-a!!!!ivif,>  O"elousas,  shall  have  the  same  powers  and  perform  the  same  duties  in 

001  vcr  ot  piioiic     •  .         *    i«  »         «  «  1*  *      rt  *    i  T» 

moneys  at  the  every  respect  m  relation  to  the  claims  that  may  be  filed  according  to 

laud  offices  of  tbo  first  section  of  this  act,  and  the  claims,  notice  of  which  had  been 

Xew  Orleans  and  giveu  under  former  acts,  and  the  evidence  in  support  thereof  shall  have 

rf  tbeeTainfs  ljeen  ^liven-d,  according  to  the  second  section  of  this  act,  as  the  board 

had  been  filed  be  <>1  commissioners,  for  ascertaining  and  adjusting  claims  to  lands  iu  the 

fore  July,  1, 180».  same  districts,  would  have  had  or  should  have  performed,  if  such  notice 

had  been  filed,  and  such  evidence  delivered  before  the  first  day  of  July, 

one  thousand  eight  hundred  and  eight,  except,  that  their  decisions  shall 

be  subject  to  the  revision  of  Congress. 

AC..      SEC.  4.  And  be  it  furUn-r  enacted,  That  it  shall  be  the  duty  of   the 
'to  rt'iv.;-:  u>  the  register  and  receiver  of  each  of  the  said  land  offices  respectively,  to 


LOUISIANA. 


Compensation. 


(a)  See  Xos.  699,  701,  703,  704,  705,  708,  710,  71-2,  716,  718,  722,  723,  724,  728,  731,  732,  737, 
738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


Xo. 

R 


April  12  1814. 
Yo].  3.  p.  122. 

p;  -    —  ~  — 


.—  AN"  ACT  for  the  final  adjustment  of  land  titles  in  the  State  of  Louisiana 
and  Territory  of  Missouri. 

Be  it  enacted,  $c.,  That  every  person  or  persons,  or  the  legal  repre- 
sentatives  of  any  person  or  persons  claiming  lands  in  the  State  of  Lou-  ante  con  firm  e^l^n 
isiana,  or  the  Territory  of  Missouri,  by  virtue  of  any  incomplete  French  their  titles  or 
or  Spanish  grant  or  concession,  or  any  warrant  or  order  of  survey,  which  claims. 
was  granted  prior  to  the  twentieth  of  December,  one  thousand  eight 
hundred  and  three,  for  lauds  lying  within  that  part  of  the  State  of  , 

Louisiana  which  composed  the  late  Territory  of  Orleans,  or  which  was 
granted  for  lands  lying  within  the  Territory  of  Missouri,  before  the 
tenth  day  of  March  one  thousand  eight  hundred  and  four,  and  where 
the  claimant,  or  the  person  under  whom  he  claims,  were  resident  in  the 
province  of  Louisiana  at  the  respective  times  aforesaid,  or  at  the  time 
the  said  concession,  warrant,  or  order  of  survey  was  granted,  and  whose 
claims  have  been  filed  with  the  proper  register  or  recorder  of  land  titles 
according  to  law,  and  are  embraced  in  the  report  of  the  commissioners, 
or  register,  or  recorder,  for  the  district  within  which  the  lands  claimed 
do  lie,  in  every  case  where  it  shall  appear  by  the  said  report  of  the  com- 
missioners, register,  or  recorder,  that  the  concession,  warrant,  or  order  of 
survey,  under  which  the  claim  is  made,  contains  a  special  location,  or 
had  been  actually  located  or  surveyed  within  the  late  Territory  of  Or- 
leaDs  before  the  twentieth  day  of  December,  one  thousand  eight  hun- 
dred and  three,  or  actually  located  or  surveyed  within  the  Territory  of 
Missouri,  before  the  tenth  day  of  March,  one  thousand  eight  hundred 
and  four,  by  a  surveyor  duly  authorized  by  the  government  making 
such  grant,  such  persons  shall  be,  and,  they  are  hereby,  confirmed  in 
their  claims:  Provided,  That  no  claim  shall  be  confirmed  by  this  section 
which  shall  have  been  adjudged  by  either  of  the  boards  of  commis- 
sioners, or  a  register  or  receiver  of  public  moneys,  or  a  recorder  act- 
ing as  such,  to  be  antedated  or  otherwise  fraudulent  :  nor  any  one  to 
claim  a  greater  quantity  of  land  than  the  number  of  acres  contained 
in  one  league  square;  nor  the  claim  of  any  person,  in  his  own  right,  who 
has  received,  in  his  own  right,  a  donation  grant  from  the  United  States, 
in  said  State  or  Territory:  And  provided  also,  That  no  confirmation  made 
by  this  section  shall  affect  the  rights  of  any  person  claiming  the  same 
lands  or  any  part  thereof,  whose  claim  has  been  confirmed  by  a  board 
of  commissioners  for  ascertaining  and  adjusting  claims  to  land  in  said 
State  or  Territory,  nor  preclude  a  judicial  decision  between  private 
claimants  in  such  interfering  claims. 

SEC.  2.  And  be  it  further  enacted,  That  every  person  or  persons  claim- 
ing lands  in  the  said  State  or  Territory,  by  right  of  donation  under  any  S1**?18 
former  laws,  whose  claims  are  contained  in  the  report  of  any  of  the  nrmed- 
boards  of  commissioners,  or  the  report  of  the  register  and  receiver  of 
public  moneys,  or  of  the  recorder  of  land  titles,  made  or  hereafter  to  be 


Proviso. 


Proviso. 


Certain  other 
con- 


324  LOUISIANA. 

made  under  existing  laws,  and  which  claims  shall  appear  by  the  said 
reports  not  to  have  been  confirmed,  merely  because  the  tracts  claimed 
were  not  inhabited  on  the  twentieth  of  December,  one  thousand  eight 
hundred  and  three,  such  person  or  persons  shall  be  and  they  are  hereby 
Proviso.  •  confirmed  in  their  respective  claims :  Provided,  That  in  every  other  re- 
spect such  claims  shall  be  embraced  by  the  provisions,  and  conform  to 
the  limitations  and  restrictions,  prescribed  by  former  laws  for  granting 
the  right  of  donations  in  the  said  State  and  Territory. 

Theproperreg-  SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sey- 
isters  of  land  of-  eral  registers  of  the  land  offices,  and  of  the  recorder  of  land  titles  in. 
ficea  and  record-  the  state  or  Territory  aforesaid,  with  whom  the  claims  in  their  respec- 
to  givethe  nec^  ^lve  districts  have  been  entered,  which  are  confirmed  by  this  act,  in  all 
es  sary  certifi-  cases  where  the  land  has  not  been  surveyed  according  to  law,  to  make 
cates.  '  out,  for  the  principal  deputy  surveyor  of  the  district  in  which  the  land 

lies,  an  order  of  survey  for  each  tract  of  laud  confirmed  under  this 
act,  with  a  proper  description  of  the  tracts  to  be  surveyed,  wherein  the 
quantity,  locality,  boundaries,  and  connection,  when  practicable,  with 
each  other,  and  the  tracts  which  have  been  heretofore  confirmed,  shall 
be  stated ;  and  on  the  return  of  the  plat  of  survey,  or  where  an  order 
of  survey  is  not  necessary,  the  said  register  or  recorder  of  land  titles 
shall,  on  application  for  that  purpose,  make  out  for  each  claimant,  en- 
titled thereto  by  the  provisions  of  this  act,  a  certificate  of  confirmation, 
directed  to  the' Commissioner  of  the  General  Land  Office,  and  if  [it] 
shall  appear  to  the  satisfaction  of  said  Commissioner,  that  such  certi- 
ficate shall  have  been  fairly  obtained  according  to  the  true  intent  and 
meaning  of  this  act,  then  and  in  that  case  patents  shall  be  granted  in 
like  manner  as  is  provided  by  law  for  the  other  lands  of  the  United 
States.  And  the  said  register  or  recorder  shall  be  entitled  to  receive 
from  the  person  applying  therefor,  where  he  shall  have  previously  issued 
an  order  of  survey,  for,  such  order  of  survey  and  certificate,  the  sum  of 
one  dollar  and  fifty  cents,  and  for  each  certificate  without  an  order  of 
survey,  the  sum  of  one  dollar,  (a) 

Made  the  duty      SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  prin- 
de  ut6  ^urve^or  c*Pa^  deputy  surveyor,  on  receiving  an  order  of  survey  from  the  register 
to    survey  Vt'h)e  or  recorder  of  land  titles,  and  the  surveying  fees  from  the  claimant, 
lands  designated  which  shall  not  exceed  three  dollars  for  every  mile  to  be  surveyed  and 
by  the  orders  of  marked,  to  survey  or  cause  to  be  surveyed,  under  the  direction  of  the  sur- 
veyor-general, or  surveyor  of  the  lands  south  of  the  State  of  Tennessee, 
the  several  tracts  of  land  confirmed  by  this  act ;  and  the  said  principal 
deputy  surveyor  shall  make  return  of  the  surveys  in  separate  plats  to 
the  register  or  recorder  of  the  district  within  which  the  land  lies,  and 
also  transmit  to  the  surveyor-general,  or  surveyor  of  the  lands  south  of 
the  State  of  Tennessee,  as  the  case  may  be,  a  plat  or  plats  of  the  surveys 
directed  to  be  made  by  this  section,  who  shall  respectively  transmit 
copies  thereof  to  the  Commissioner  of  the  General  Land  Office.  (&) 
Actual  settlers      SEC.  5.  And  be  it  further  enacted,  That  every  person,  and  the  legal  rep- 
entitled    to  pre-  resentatives  of  every  person,  who  has  actually  inhabited,and  cultivated 
a  tract  of  land  lying  in  that  part  of  the  State  of  Louisiana  which  com- 
posed the  late  Territory  of  Orleans,  or  in  the  Territory  of  Missouri, 
which  tract  is  not  rightfully  claimed  by  any  other  person,  and  who  shall 
not  have  removed  from  said  State  or  Territory,  shall  be  entitled  to  the 
right  of  pre-emption  in  the  purchase  thereof,  under  the  same  restrictions, 
conditions,  provisions  and  regulations,  in  every  respect  as  is  directed 
by  the  act,  entitled  "An  act  giving  the  right  of  pre-emption  in  the  pur- 
chase of  lands,  to  certain  settlers  in  the  Illinois  Territory,"  passed  Feb- 
ruary fifth,  one  thousand  eight  hundred  and  thirteen,  (c) 

(a)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  723,  724,  728,  731,  732,  737, 

738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 
904.911,946,956,961,967. 

(b)  See  Xos.  701,  703,  704,  708,  710,  718,  724,  727,  730,  731,  777,  803.  858. 

(c)  See  Kos.  334,  704,  708,  710.  720.  729,  730,  731,  732,  761,  768,  786,  813,  818,  849,  858,  860, 

897,  899,  919,  920,  928,  963. 


April  18,  1814.  No.  723.— AN  ACT  supplemental  to  an  act,  entitled  "An  act  for  ascertaining  the 
Vol.  3,  p.  137.  titles  and  claims  to  lands  in  that  part  of  Louisiana  which  lies  east  of  the  river 
Mississippi  and  i*la  jd  of  New  Orleans." 


Time  extended      Be  it  enacted,  j-c  ,  That  the  time  for  delivering  notices  and  the  evi- 
for  filing  claims.  <jence8  of  claims  to  lauds  as  required  by  the  act  to  which  this  is  a  sup- 
plement, be,  and  the  same  hereby  is  extended  until  the  first  day  of 
September  next. 


LOUISIANA.  325 

SEC.  2.  And  be  it  further  enacted,  'I  hat.  it  shall  be  the  duty  of  the  com-  Commissioners 
missioners  appointed  under  the  act  aforesaid,  to  receive  such  evidences  to  receive  and  re- 
as  to  them  may  be  offered  in  support  of  any  claims  which  may  not  be  J^cf  clSato 
embraced  by  said  act,  and  to  report  the  same,  together  with  those  Commi  s  s  i  o  n  er 
referred  to  in  the  first  section  of  this  act,  on  or  before  the  first  day  of  of  General  Land- 
Noveniber  next,  to  the  Commissioner  of  the  General  Land  Office,  to  beOfflce- 
by  him  laid  before  Congress  at  their  next  session. 

SEC.  3.  And  be  it  further  enacted,  That  the  commissioner  for  the  dis-  Commissioner 
trict  east  of  Pearl  River  and  west  of  the  Perdido  be,  and  he  is  hereby  f°r  district  east 
authorized  and  required  to  receive  and  make  report  as  aforesaid  on  all  °nd  weat  of  Per. 
claims  to  lauds  lying  east  of  the  river  Tombigbee.  (a)  dido  to  receive 

(a)  See  Xos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  724,  728,  731,  732,  737, 
738,  739  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889, 
899,  904,  911,  946, 956,  957,  961,  967. 


io.  724.— AN  ACT  concerning  certificates  of  confirmation  of  claims  to  lands  in  the     April  18,  1814. 
State  of  Louisiana.  Vol.  3,  p.  139. 


Be  it  enacted,  $-c.,  That  in  all  cases  where  certificates  of  confirmation     Regulations 
to  lands  lying  in  either  of  the  laud  districts  established  by  law  in  the  concerning    cer- 
State  of  Louisiana,  have  been  issued  agreeably  with  the  provisions  of  tpcatea  of  con- 
the  act,  entitled  "  An  act  respecting  claims  to  lands  in  the  Territo-   r 
ries  of  Orleans  and  Louisiana,"  passed  the  third  [day  of]  March,  one 
thousand  eight  hundred  and  seven,  and  which  were  directed  to  be  filed 
with  the  proper  register  of  the  land  office  within  twelvemonths  afterdate, 
and  on  claims  which  are  iucludedinthe  transcript  of  divisions  [decisions] 
made  in  favour  of  claimants  and  transmitted  to  the  Secretary  of  the 
Treasury,  the  said  certificates  shall,  in  every  case  where  the  lands  have 
not  been  already  surveyed  according  to  law,  be  by  the  said  registers 
delivered  to  the  principal  deputy  surveyor  of  the  district,  together  with 
the  proper  descriptions  of  the  tracts  to  be  surveyed,  wherein  the  quan- 
tity, locality,  and  connexion,  when  practicable  with  each  other,  shall 
be  stated  at  any  time  after  the  expiration  of  three  months  from  the 
passage  of  this  act,  (unless  the  claimant  shall  otherwise  specially  direct,) 


•whose  duty  it  shall  be,  under  the  direction  of  the  surveyor  of  the  lands     Surveys  to  be 
south  of  Tennessee,  to  accurately  survey  the  land  at  the  expense  of  themade  when  nee- 
United  States,  according  to  the  said  certificates  of  confirmation  and  de-essary- 
scriptioD,  and  make  general  and  particular  plats  thereof,  which  he  shall 
re  I  in  n  to  the  office  of  the  proper  register,  together  with  the  original 
certificates ;   and  it  shall  be  the  further  duty  of  the  said  surveyor  to 
make  a  like  return  of  the  plats  to  the  Commissioner  of  the  General 
Land  Office :  Provided,  The  expense  of  surveying  the  said  tracts  shall 
Dot  exceed  that  allowed  by  law  for  surveying  the  public  lands  in  the 
said  State,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  so  soon  as  the  said  tracts  of 
land  shall  have  been  thus  surveyed,  and  the  surveys  thereof  returned 
to  the  office  of  the  proper  register,  together  with  the  original  certificates 
of  the  commissioners,  it  shall  be  the  duty  of  the  said  register  to  issue 
certificates  in  favour  of  the  claimants  entitled  thereto,  which  he  shall 
transmit  to  the  Commissioner  of  the  General  Land  Office,  and  if  it  shall 
appear  to  the  satisfaction  of  the  said  Commissioner  that  the  certificates 
have  been  fairly  obtained,  and  correspond  with  the  transcript  heretofore 
transmitted  to  the  Secretary  of  the  Treasury,  and  the  plats  returned  by 
the  surveyors,  patents  shall  be  granted  in  like  manner  as  is  provided  Patents  to  be 
by  law  for  the  other  public  lands  of  the  United  States;  which  patents  granted  upon 
shall  be  transmitted  by  the  Commissioner  of  the  General  Land  Office  to tnem' 
the  proper  register,  to  be  by  him  delivered  to  the  claimants  entitled 
thereto ;  and  the  said  register  for  delivering  the  certificates  and  descrip- 
tions of  the  tracts  to  the  surveyor,  making  out  and  forwarding  the  re- 
turns to  the  General  Land  Office,  and  delivering  the  patents,  shall  be 
entitled  to,  and  receive  from  each  claimant,  the  sum  of  two  dollars  for 
sucli  patent  so  delivered.  (&) 

(a)  See  Xoa.  701,  703,  704,  708,  710,  718,  722,  727,  730,  731,  777,  803, 858. 

(b)  See  Kos.  699,  701,  T03,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  728,  731,  732,  737, 738, 

739,  740, 745,  746,  749;  752,  753,  777,  790,  817,  819,  826,  852,  863.  864,  873.  889, 899,  904,  911, 
946,956,957,961  967 


326  LOUISIANA. 

April  18, 1814.    No.  725.— AN  ACT  granting  to  the  president  and  directors  of  the  New  (Meant 
Vol.  6,  p.  144.  Navigation  Company,  and  their  successors,  a  lot  of  ground. 


The  right  and  Be  it  enacted,  $-c.,  That  all  the  right  and  claim  of  the  United  States-  to 
claim  of  the  Uni-  a  lot  of  ground  in  the  county  of  Orleans,  and  State  of  Louisiana,  bounded 
ff  of^ound0  in  above  b7  tbe  lamls  of  Don  Miguel,  aud  fronting  on  the  bayou  St.  John, 
the  county  of  Or-  containing  one  hundred  and  eighty  feet  front  and  five  hundred  and 
leans,  etc.,  as  forty  feet  Hack,  including  the  improvements  thereon,  now  occupied  by 
describe^,  with  the  said  company,  be,  and  the  same  hereby  is,  vested  in  and  convey  ^1  to 
nientV^^ted  in  tbe  Presitient  and  directors  of  the  Orleans  Navigation  Company,  for  the 
and  conveyed  to  time  being,  and  their  successors,  for  the  use  and  benefit  of  the  said  oom- 
thepresidentand  pany  forever,  (a)  v 


tion  Company. 

April  16,  1816.    No.  726.—  AN"  ACT  confirming  to  the  Navigation  Company  of  New  Orleans  the  use 
Vol.  6,  p.  161.  and  possession  of  a  lot  in  the  said  city. 


Title  of  United  Be  it  enacted,  *<fe.,  That  all  the  right  and  claim  of  the  United  States  to 
States  to  certain  the  title,  possession,  and  occupancy,  of  a  lot  of  ground  of  three  hundred 
lot  confirmed  to  feet  front  ou  Rampart  street,  in  the  city  of  New  Orleans,  by  six  him- 
Navigation  Com-  dred  feet  in  depth,  on  a  line  with  St.  Peter  street,  on  which  was  erected 
panyf  the  former  hospital  of  charity,  in  the  said  city,  be,  and  the  same  is 

hereby  vested  in  the  Navigation  Company  of  New  Orleans  :  Provided, 
That  nothing  in  this  act  contained  shall  affect  the  claim  or  claims  of 
any  individual  or  individuals,  if  any  such  there  be.  (a) 
(a)  See  No.  725. 

April  29,  1816.    No.  727.— AN  ACT  to  provide  for  the  appointment  of  a  surveyor  of  the  public 
Vol.  3,  p.  325.  lands  in  the  Territories  of  Illinois  and  Missouri. 


Part  of  the  act     SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  act  entitled  "  An 
°*  Mtad  28)  18°6'  ac*  ^tending  the  powers  of  the  surveyor-general  to  the  Territory  of 
Louisiana,  and  for  other  purposes,"  passed  February  twenty-eighth,  one 
thousand  eight  hundred  and  six,  as  provides  for  the  appointment  of  a 
principal  deputy  surveyor,  and  so  much  of  any  act  of  Congress  here[to]- 
fore  passed,  as  is  repugnant  to,  or  inconsistent  with,  any  provision  of 
this  act,  be,  and  the  same  is  hereby  repealed,  (a) 
(a)  See  Nos.  701, 703,  704,  70S,  710, 718,  722,  724,  730,  731,  777,  803,  858. 


April  29,  1816.  No.  728.— AN  ACT  for  the  confirmation  of  certain  claims  to  land  in  the  western 
Vol.  3,  p.  328.  district  of  the  State  of  Louisiana  and  in  the  Territory  of  Missouri. 

Preamble  Whereas  by  the  eighth  section  of  the  act  of  third  [of]  March,  one 

thousand  eight  hundred  and  seven,  it  is  required  that  the  commissioners 
for  ascertaining  and  adjusting  the  titles  and  claims  to  land  in  the  then 
Territories  of  Orleans  and  Louisiana,  should  arrange  their  reports  into 
three  general  classes,  the  second  of  which  classes  should  contain  claims- 
which,  though  not  embraced  by  the  provisions  of  the  several  acts  of 
Congress,  ought  nevertheless,  in  the  opinion  of  the  commissioners,  to  be 
confirmed,  in  conformity  with  the  laws,  usages  and  customs  of  the 
Spanish  Government :  And  whereas,  the  commissioners,  in  and  for  the 
western  district  of  the  State  of  Louisiana,  formerly  Territory  of  Or- 
leans, in  their  several  reports  of  the  sixteenth  of  October,  one  thousand 
eight  hundred  and  twelve,  fourth,  of  December,  one  thousand  eight  hun- 
dred and  twelve,  ninth  of  March,  one  thousand  eight  hundred  and  thir- 
teen, sixth  of  April,  one  thousand  eight  hundred  and  fifteen,  first  of 
May,  one  thousand  eight  hundred  and  fifteen,  and  fourth  of  May,  one 
thousand  eight  hundred  and  fifteen,  have  formed  this  second  class, 
recommending  the  claims  which  it  embraces,  for  confirmation,  and  have 
designated  the  same,  by  letter  B,  and  the  register  of  the  land  office  and 
receiver  of  public  moneys,  actiug  as  commissioners  for  adjusting  the 
titles  and  claims  to  land  in  the  said  district,  in  their  report,  dated  the 
thirtieth  day  of  December,  one  thousand  eight  hundred  and  fifteen, 
under  the  act  giving  further  time  for  registering  claims  to  land  in  the 
western  district  of  the  Territory  of  Orleans,  passed  the  tenth  day  of 
March,  one  thousand  eight  hundred  and  twelve,  the  l<  Act  giving  further 
time  for  registering  claims  to  land  in  the  eastern  and  western  district  of 
the  Territory  of  Orleans,"  passed  the  twenty-seventh  day  of  February, 


LOUISIANA.  327 

one  thousand  eight  hundred  and  thirteen,  and  the  act  of  the  twelfth 
day  of  April,  one  thousand  eight  hundred  and  fourteen,  have  arranged 
the  claims  into  the  following  classes,  to  wit:  one,  two, three,  four, five,  . 
x,  seven,  eight,  nine,  ten,  eleven ;  Therefore, 

SEC.  1 .  tie  it  enacted,  <fr.,  That  the  claims  marked  B,  and  described  in     Confirmati  on 
le  several  classes  in  ihe  above-mentioned  reports  of  the  commissioners  °*  certain  claims. 
>r  the  western  district  of  the  State  of  Louisiana,  formerly  Territory  of 
)rleans,  and  recommended  by  them  for  confirmation,  be,  and  the  same 

hereby  confirmed:  Provided  nevertheless,  That  under  no  one  claim     Proviso, 
ill  any  person  or  persons  be  emitled,  under  this  act,  to  more  than  tin; 
lantity  contained  in  a  lengue  square. 
SEC.  2.   And  le  it  further  enacted,  That  all  claims  embraced  in  the     Certain  other 
jports  of  the  recorder  of  land  titles,  acting  as  commissioner  for  ascer-  claims    contirm- 
iining  and  adjusting  the  titles  and  claims  to  land,  in  the  Territory  of 
[issouri,  dated  November  first,  one  thousand  eight  hundred  and  fifteen, 
nd  February  second,  one  thousand  eight  hundred  and  sixteen,  where 
the  decision  of  the  said  commissioner  is  in  favour  of  the  claimants,  shall 
3,  and  the  same  are  hereby  confirmed,  to  wit :  confirmations  of  village 
drns  under  the  act  of  Congress  of  the  thirteenth  day  of  June,  one 
>usand  eight  hundred  and  twelve :  grants  of  the  late  board  of  com- 
missioners, appointed  for  ascertaining  and  adjusting  the  titles  and  claims 
to  land  in  the  Territory  of  Missouri,  extended  by  virtue  of  the  fourth 
section  of  the  act  of  the  third  of  March,  one  thousand  eight  hundred 
and  thirteen ;  grants  and  confirmations  under  the  several  acts  of  Con- 
gress, commencing  with  the  act  of  the  thirteenth  day  of  June,  one  thou- 
sand eight  hundred  and  twelve. 

SEC.  3.  And  le  it  further  enacted,  That  in  all  cases  not  provided  for  by     In  cases  not 
Jaw  for  patent  certificates  to  issue,  every  person  and  the  legal  repre-  [a™vidf  \^m  b£ 
sentative  of  every  person,  whose  claim  to  a  tract  of  land  is  confirmed  confirmed  a  pat- 
by  this  or  any  former  act,  and  who  has  not  already  obtained  a  patent  ent  to  issue, 
certificate  for  the    same,  shall,  whenever  his  claim  shall  have  been 
located  and  surveyed  according  to  law,  be  entitled  to  receive  from  the 
register  of  the  land  office  at  Opelousas,  in  the  State  of  Louisiana,  or 
from  the  recorder  of  land  titles  in  the  Territory  of  Missouri,  as  the  case 
may  be,  a  certificate,  stating  that  the  claimant  is  entitled  to  a  patent 
for  such  tract  of  land,  by  virtue  of  this  act,  for  which  certificate  the 
officer  issuing  the  same  shall  receive  one  dollar,  and  the  certificate  shall     Fees, 
entitle  the  party  to  a  patent  for  the  tract  of  laud,  which  shall  issue  in 
like  manner  as  is  provided  by  law  for  patents  to  issue  for  lands  pur- 
chased of  the  United  States.  («.) 

(a)  SeeNos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  731,  732,  737,  738, 
739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873.  889,  899,  904, 
911,946,956,057,961,967. 


».  729, — AN  ACT  concerning  pre-emption  rights  given  in  the  purchase  of  lands  April  29,  1816. 
to  certain  settlers  in  the  State  of  Louisiana,  and  in  the  Territory  of  Missouri  and  Vol.  3,  p.  330. 
Illinois.  .  


Be  it  enacted,  <jrc.,  That  any  person,  and  the  legal  representatives  of     Pre-emption 
iy  person  entitled  to  a  preference  in  becoming  the  purchaser,  from  the  right  secured, 
nited  States,  of  a  tract  of  land,  at  private  sale  in  the  State  of  Louisi- 
aa,  and  in  the  Territories  of  Missouri  and  Illinois,  according  to  the 
"ovisions  of  the  act,  entitled  "An  act  giving  the  right  of  pre-emption, 
the  purchase  of  lands,  to  certain  settlers  in  the  Illinois  Territory," 
>assed  February  fifth,  one  thousand  eight  hundred  and  thirteen,  and 
;he  fifth  section  of  the  "Act  for  the  final  adjustment  of  land  titles  in 
the  State  of  Louisiana,  and  Territory  of  Missouri,"  passed  April  twelfth, 
one  thousand  eight  hundred  and  fourteen,  who  is  settled  on  a  fraction 
of  a  section  or  fractional  quarter-section,  containing  less  than  one  hun- 
dred and  sixty  acres,  shall  have  the  privilege  of  purchasing  one  or  more 
adjoining  fractional  quarter- sections,  or  the  adjoining  quarter-section, 
including  their  improvements,  or  the  fraction  improved  by  them,  at 
their  option ;  and  the  provisions  of  the  said  recited  acts  are  hereby- 
made  applicable  to  them,  so  far  as  they  are  consistent  with  the  provi- 
sions of  this  act. 

SEC.  2.  And  le  it  further  enacted,  That  in  cases  where  two  or  more     How     the 
>rsons  entitled  to  the  right  of  pre-emption,  shall  be  settled  upon  one  claims  of  several 
uarter  or  fractional  quarter- section  of  land,  each  person  shall  be  au-  j^^ma6^ 
horized  to  purchase  one  or  more  quarter-sections,  or  fractional  quarter-  be  adjusted, 
sections,  of  the  section  or  fractional  section  of  land  upon  which  they 


328  LOUISIANA. 

an  so  settled;  and  the  section  or  fractional  section  upon  which  such 
persons  are  settled  shall  be  equally  divided  between  them,  in  such 
manner  as  the  register  and  receiver,  within  whose  district  the  land  lies, 
shall  determine  and  direct,  so  as  to  secure,  as  far  as  may  be  practicable) 
to  every  such  person  their  improvements  respectively,  and  where  the 
improvement  of  such  person  shall  be  upon  two  or  more  quarter-sections, 
such  person  shall  be  entitled  to  purchase  the  quarter-sections  upon 
which  his  improvement  shall  be.  (a) 

(a)  See  Nos.  704,  708,  710,  720,  722,  730,  731,  732,  761,  768,  786,  613,  818,  849,  858,  860  897 
899,  919,  920, 928,  963. 


April  20, 1818.    No.  73O.— AN  ACT  authorizing  the  disposal  of  certain  lots  of  puhlic  ground  in  the 
Vol.  3,  p.  465.  city  of  New  Orleans  and  town  of  Mobile. 


The  President  Be  M  enacted,  <$-c.,  That  the  President  of  the  United  States  shall  have 
may  abandon  the  power,  and  he  is  hereby  authorized,  whenever  in  his  opinion  it  shall  be 
u*e  of  the  navy,  consistent  with  the  public  interest,  to  abandon  the  use  of  the  navy 
Kwmirai  Sid  bar-  arsenal>  military  hospital,  and  barracks  in  the  city  of  New  Orleans,  and 
racks  in  Xew  Or-  of  Fort  Charlotte,  at  the  town  of  Mobile ;  to  cause  the  lots  of  ground 
leaus,andof  Fort  whereon  the  said  arsenal,  hospital,  and  barracks  in  New  Orleans,  and 
Charlotte,  at  Mo-  Fort  Charlotte,  at  Mobile,  now  stand,  to  be  surveyed  and  laid  off  into 
the'  '"gro^vrfd  ^°^8'  witn  suitable  streets  and  avenues,  conforming  as  near  as  may  be, 
whereon  they  to  the  original  plan  of  the  city  and  town  aforesaid,  (a)  and  when  the 
stand  to  be  laid  surveys  are  completed,  one  plat  thereof  shall  be  returned  to  the  Secre- 
°  A  Yattliereof tary  of  the  Trea8Urv;  and  another  to  such  officer  or  agent  as  the  Presi- 
to  thw  Secretary  dent  shall  have  authorized  to  dispose  of  the  said  lots;  and  the  said  lots 
of  the  Treasury,  of  ground  shall  be  offered  at  public  sale  at  the  city  of  New  Orleans  and 
&',: .  town  of  Mobile  respectively,  on  such  day  or  days  as  the  President  shall, 

offered  J?  Public  by  nis  Proclamation,  designate  for  that  purpose,  in  the  same  manner, 
sale,  ..vc.  an(i  on  the  same  conditions  and  terms  of  credit,  as  is  provided  by  law 

for  the  sale  of  public  lands  of  the  United  States,  and  patents  shall  be 
granted  therefor,  as  for  other  public  lands  sold  by  the  United  States.  (6) 

The  President  SEC.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
ni ay  cause  Fort  States  is  hereby  authorized,  as  soon  as  in  his  opinion  the  public  interest 
deniousned  and  wiil  Permit?  to  cause  the  Fort  St.  Charles  to  be  demolished,  and  the 
navy-yard  'to  be  uavy  yard  in  said  city  to  be  discontinued ;  and  the  lot  of  ground  on 
discontinued.  which  the  said  fort  is  erected  shall  be  appropriated  to  the  use  of  a  pub- 

A  public  lie  square,  and  may  be  improved  for  that  purpose  by  order  of  the  cor- 
squure.  poration  of  the  said  city,  (c) 

(a)  See  Nos.  701,  703,  704,  708,  710,  718,  722,  724,  727,  731,  777,  803,  858. 

(&)  See  Nos.  704,  708,  710,  72C,  722,  729,  731,  732,  761,  768,  786,  813,  818,  849,  858,  860,  897, 

899,  919,  920,  928,  963. 
(c)  See  No.  734. 

March  3,  1819.    No.  731.— AN  ACT  for  adjusting  the  claims  to  land,  and  establishing  land  offices, 
Vol.  3,  p.  528.  in  the  districts  east  of  the  island  of  New  Orleans. 


Claims  found-  Be  it  enacted,  tfc.,  That  all  the  claims  to  land,  founded  on  complete 
ed  on  Spanish  grants  from  the  Spanish  Government,  reported  to  the  Secretary  of  the 
abT^re  oTt&I°t  J  rea8urv>  ^y  tne  commissioners  from  the  districts  east  and  west  of  Pearl 
the^Secretary  of  River,  appointed  under  the  authority  of  an  act,  entitled  "An  act  for 
the  Treasury  by  ascertaining  the  titles  and  claims  to  lands  in  that  part  of  Louisiana 
the  commission- which  lies  east  of  the  river  Mississippi  and  island  of  New  Orleans," 
trfcts0neast  and  wnicQ  are  contained  in  the  several  reports  of  the  commissioners,  and 
west  of  Pearl  which  are,  in  the  opinion  of  the  cotnmissioners,  valid,  agreeably  to  the 
River,  confirmed,  laws,  usages,  and  customs,  of  the  said  government,  be,  and  the  same  are 
&r-  hereby,  recognized  as  valid  and  complete  titles  against  any  claim  on  the 

And  on  British  part  of  the  United  States,  or  right  derived  from  the  United  States  :  And 
that  all  claims  founded  on  British  grants,  contained  in  the  said  reports, 
which  have  been  sold  and  conveyed,  according  to  the  provisions  of  the 
treaty  of  peace,  between  Great  Britain  and  Spain,  of  the  third  of  Septem- 
ber, one  thousand  seven  hundred  and  eighty-three,  by  which  that  part 
of  Louisiana,  lying  east  of  the  island  of  Orleans,  was  ceded  to  Spain, 
under  the  denomination  of  West  Florida,  or  which  were  settled  and  cul- 
tivated by  the  person  having  the  legal  title  therein,  at  the  date  of  said 
treaty,  are  recognised  as  valid  and  complete  titles,  against  any  claim  on 
the  part  of  the  United  States,  or  right  derived  from  the  United  Stales. 
Claims     under      SEC.  2.  And  he  it  further  enacted,  That  all  claims  reported  as  afore- 
Spanish  orders  of  ^aid,  and  contained  in  the  several  reports  of  the  said  commissioners, 
mrvey,  requeue,  foun(it(}  cn  anv  order  of  survey,  requette,  permission  to  settle,  or  any 


LOUISIANA.  329 

jpuitteu  evidence  of  claim,  derived  from  the  Spanish  authorities,  which  &c.,  prior  to  20th 
ought,  iu  the  opinion  of  the  commissioners,  to  be  confirmed,  and  which  Dec.,    1803,   &c., 
by  the  said  reports  appear  to  be  derived  from  the  Spanish  Government,  ab?y  confirmed^ 
before  the  twentieth  day  of  December,  one  thousand  eight  hundred  and 
three,  and  the  land  claimed  to  have  been  cultivated  and  inhabited,  on 
or  before  that  day,  shall  be  confirmed  in  the  same  manner  as  if  the  title 
had  been  completed  :  Provided,  That  in  all  such  claims,  where  the  plat     Proviso, 
and  certificate  of  survey,  made  prior  to  the  fifteenth  day  of  April,  one 
thousand  eight  hundred  and  thirteen,  under  the  authority  of  the  Span- 
ish Government,  in  pursuance  of  such  claim,  has  not  been  filed  with  the 
said  commissioners,  such  claim  shall  not  be  confirmed  to  anyone  person 
for  more  than  twelve  hundred  and  eighty  acres ;  and  that  for  all  the     Grants  as  do- 
other  claims  to  land  comprised  in  the  reports  aforesaid,  and   which  n^m"s' 
ought,  in  the  opinion  of  the  commissioners,  to  be  confirmed  ;  the  claim- 
ant to  such  lands  shall  be  entitled  to  a  grant  therefor  as  a  donation  : 
Provided,  That  such  grant,  as  a  donation,  shall  not  be  made  to  any  one     Proviso, 
person  for  more  than  twelve  hundred  and  eighty  acres;  which  confir-     Confirmation 
matiou  of  the  said  incomplete  titles  and  grants  of  donations,  hereby  pro-  ^  incomplete  ti- 
vided  to  be  made,  shall  amount  only  to  a  relinquishrnent  forever,  on  the  nnfshm^nf    for 


part  of  the  United  States,  of  any  claim  whatever  to  the  tract  of  land  so  ever  of  the  title 
confirmed  or  granted :  And  provided,  also,  That  no  such  claim  shall  be  of    the    United 
confirmed  to  any  person  to  whom  the  title  to  any  tract  of  land  shall  States, 
have  been  recognised  under  the  preceding  provisions. 

SEC.  3.  And  be  it  further  enacted,  That  every  person,  or  his  or  her  legal     Grants,  as  do- 
representative,  whose  claim  is  comprised  in  the  lists,  or  register  of  claims,  nations,  ^in^  the 
reported  by  the  said  commissioners,  and  the  persons  embraced  in  the  right  of^settters1 
list  of  actual  settlers,  or  their  legal  representatives,  not  having  any  &c.,  on  or  before 
written  evidence  of  claim  reported  as  aforesaid,  shall,  where  it  appears,  I5tl1  April,  1813, 
by  the  said  reports,  or  by  the  said  lists,  that  the  land  claimed  or  settled  lheCiiatpr&       in 
on  had  been  actually  inhabited  or  cultivated,  by  such  person  or  persons 
in  whose  right  ho  claims,  on  or  before  the  fifteenth  day  of  April,  one 
thousand  eight  hundred  and  thirteen,  be  entitled  to  a  grant  for  the  land 
so  claimed,  or  settled  on,  as  a  donation :  Provided,  That  not  more  than     Proviso, 
one  tract  shall  be  thus  granted  to  any  one  person,  and  the  same  shall 
not  contain  more  than  six  hundred  and  forty  acres ;  and  that  no  lands     No    grant   for 
shall  be  thus  granted  which  are  claimed  or  recognised  by  the  preceding  lands  recognized 
sections  of  this  act.  (a)  JionPsreCedinS  S6C" 

SEC.  4.  And  be  it  further  enacted,  That  every  person  comprised  in  the     Pre-emption 
said  list  of  actual  settlers,  not  having  any  written  evidence  of  claim  to  rights  to  inhabi- 
land  in  said  districts,  and  wbo,  on  the  twelfth  day  of  April,  one  thousand  tants  and  culti- 
eight  hundred  and  fourteen,  shall  have  inhabited  or  cultivated  a  tract  Jat^Aprn  isi* 
of  land  in  either  of  the  said  districts,  not  claimed  by  virtue  of  either  of  in    the    case  of 
the  preceding  sections  of  this  act,  shall  be  entitled  to  a  preference,  on  lands  not  claim- 
becoming  a  purchaser,  from  the  United  States,  of  such  tract  of  land,  on  ed  by  preceding 
the  same  terms  and  conditions,  and  at  the  same  price  for  which  the  other  se' 
public  lands  are  sold  at  private  sale :  Provided,  That  the  first  instalment     Proviso. 
of  the  purchase  money  shall  be  paid  to  the  receiver  of  public  moneys  of 
the  district  within  which  the  laud  lies,  within  two  years  after  the  open- 
ing- of  the  land  office  for  such  district,  (b) 

SEC.  5.  And  be  it  further  enacted,  That  for  the  purpose  of  adjusting     A  land  office  at 
the  titles  and  claims  to  lands  in  the  districts  aforesaid,  and  for  the  dis-  St.  Helena  Court- 
pi^alof  the  lands  which  may  remain  the  property  of  the  United  States  Jackson8    Court* 
therein,  a  land  office  shall  be  established,  in  each  of  the  said  districts,  house, 
to  be  kept,  for  the  western  district,  at  St.  Helena  Courthouse,  and  for 
the  eastern  district,  at  Jackson  Courthouse ;  and  a  register  and  receiver     A  register  and 
of  public  moneys  shall  be  appointed  for  each  of  the  said  land  offices,  receiver  of  pub- 
wlio  shall  give  security  in  the  same  manner,  and  in  the  same  sums,  and  lie  moneys  for 
whose  compensation,  duties,  and  authority,  shall,  in  every  respect,  be  e      ' 
the  same,  in  relation  to  the  lands  which  shall  hereafter  be  disposed  of, 
at  their  respective  offices,  as  are  by  law  provided  in  relation  to  the 
other  registers  and  receivers  of    public  moneys  for  the  several  land 
offices  of  the  United  States,  (c) 

SEC.  6.  And  be  it  further  enacted,  That  every  person  or  persons,  claim-  Claimants  al- 
ing  lauds  in  either  of  the  said  districts,  whose  claims  have  not  hereto-  fe^iaS,  4  1dst 
fore  been  filed  with  the  commissioner  of  the  land  office,  of  the  district  liver' notices,  evi- 
wherein  the  lauds  lie,  shall  be  allowed  until  the  first  day  of  July,  one  dences,  &o.',  to 
thousand  eight  hundred  and  twenty,  to  deliver  notices  in  writing,  and  the  registers  at 
the  evidences  of  their  claims,  in  the  said  districts,  respectively,  to  the  J*rt»°n  &nd  St. 
register  of  the  land  office  at  Jackson  Courthouse  and  at  St!  Helena  houSS 
Courthouse;  and  the  notices  and  evidences  so  delivered,  within  the  Notices,  &c., 


J30  LOUISIANA. 

delivered  in  time,  time  limited  by  this  act,  shall  be  recorded  in  the  same  manner,  and  on 
to  be  recorded,     the  payment  of  the  same  fees,  as  if  t&e  same  had  been  delivered  before 

the  commissioners  closed  their  said  registers. 

Persons    who     SEC.  7.  And  be  it  further  enacted,  That  every  person  or  persons,  who 

bad  filed  notices  had  filed  his  or  their  notice  of  claims  to  land,  within  either  of  the  said 

sioner  of  th^Snd  districts'  with  the  commissioner  cf  the  land  office,  according  to  the 

office,  &c..  whose  former  laws,  but  have  not  exhibited  sufficient  testimony  in  support  of 

claims  have  not  the  same,  and  whose  claim  has  not  been  recommended  for  confirmation, 

been  recommend- ^aii  DO  allowed  until  the  first  day  of  July,  one  thousand  eight  hun- 

tili  ist"of  Julv!dre<i  and  twenty,  to  deliver  written  evidence,  or  other  testimony,  in 

1620,  to    deliver  support  of  his  or  their  claim,  the  notice  of   which  had  been  filed  as 

written  evidence  aforesaid,  to  the  register  of  the  land  office  at  St.  Helena,  for  lands  lying 

ad  other  testi-  ju  the  district  west  of  Pearl  River,  and  to  the  register  of  the  land  office 

ut  Jackson  Courthouse,  for  the  lands  lying  in  the  district  east  of  Pearl 

Evidence     de-  River  ;  and  the  evidence  of  claims,  the  notice  whereof  had  been  filed, 

livored   in  time,  a8  aforesaid,  for  lands  lying  in  the  said  district,  delivered,  within  the 

time  limited  by  this  section,  to  the  said  registers,  shall  be  recorded  by 

them,  respectively,  in  the  same  manner  as  was  directed  by  former  acts, 

on  receiving  the  same  fees  allowed  b.y  said  acts,  for  recording  evidence 

of  claims  to  lands  in  the  same  districts. 

The  registers  SEC.  8.  And  be  it  further  enacted,  That  the  register  and  receiver  of 
and  receivers  at  public  moneys  of  the  said  respective  land  offices,  at  Jackson  Courthouse 
Heiena,11  ^'ourt-  und  at  ^k  Helena  Courthouse,  shall  have  the  same  powers,  and  perform 
houses  to  "have  the  same  duties,  in  every  respect,  in  relation  to  the  claims  that  may  be 
the  same  powers,  filed  in  virtue  of  the  sixth  section  of  this  act,  and  in  relation  to  the 
perform  the. same  ciairOSi  the  notices  of  which  had  been  filed  under  former  acts,  as  well 
th^com mission^  as  ^°  ^Qe  additional  evidence  which  shall  be  adduced  in  support  thereof, 
era  for  the  dis-  agreeably  to  the  seventh  section  of  this  act,  as  the  commissioners  for 
tricts  east  and  the  districts  east  and  west  of  Pearl  River  would  have  had,  or  should 
west  of  Pearl  have  performed,  if  such  notices  had  been  filed,  and  snch  evidence 
hade&c  adduced,  before  the  said  commissioners  closed  their  registers. 

The  register  of     SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 

each  of  i  he  land  register  of  each  of  the  said  land  offices,  respectively,  to  make,  to  the 

offices  to_,ore   )rt  Commissioner  of   the  General  Land  Office,  a  report  of  all  the  claims 

."toner  of  the  Gen- nle(1  with  tlie  register  aforesaid,  with  the  substance  of  the  evidence  in 

eral  Land  Office,   support  thereof ;  and  of  the  cXims  formerly  filed,  in  support  of  which 

additional  evidence  shall  have  been  received,  with  the  substance  of 

The   Commis-  such  evidence ;  and  also  their  opinion  and  such  remarks  respecting  the 

sioner  to  lay  the  claim  as  they  may  think  proper  to  make ;  which  report,  together  with  a 

foreConSess       list  of  tne  claims,  which,  in  the  opinion  of  the  register  and  receiver, 

ought  to  be  confirmed,  and  also  a  list  of  actual  settlers,  prior  to  the 

passage  of  this  act,  noting  the  time  of   their  respective  settlements, 

shall  be  laid,  by  the  Commissioner  of  the  General  Land  Office,  before 

Congress,  at  their  next  session,  for  their  determination  thereon. 

Registers  and  SEC.  10.  And  be  it  further  enacted,  That  the  said  registers  and  receivers 
receivers  may  ap-  shall,  respectively,  have  power  to  appoint  a  clerk,  who  shall  be  a  per- 
P°Fif tClerk8  h  sou  caPa°le  °t  translating  the  French  and  Spanish  languages,  and  who 
dred  ^dollars  UJa  buall  perform  the  duty  of  translator,  when  required  by  said  registers 
year  to  each  reg- and  receivers;  and  each  of  the  said  registers  and  receivers  shall  be 
ister  and  receiv-  allowed,  as  a  compensation  for  their  services  in  relation  to  the  said 
ero  th  sa  d  claims»  at  tlie  rate  of  fifteen  hundred  dollars  a  year ;  and  each  of  the 
dollars  per  an-  clerks  at  the  rate  of  one  thousand  dollars  a  year :  Provided,  That  not 
mini  to  clerk.  more  than  eighteen  months'  compensation  be  thus  allowed  to  the  regis- 
Proviso  :  not  ter,  receiver  and  clerk,  for  the  district  east  of  Pearl  River;  nor  more 
more  than  eight-  than  eighteen  months'  compensation  to  be  allowed  to  the  register, 
pensDa5on  &c°m'  receiver,  and  clerk,  of  the  district  west  of  Pearl  River,  (a) 

Surveyor    'of     SEC.  11.  Andbc  it further  enacted,  That  the  surveyor  for  the  lands  south 

the  lands  south  of  the  State  of  Tennessee  shall,  with  the  consent  and  approbation  of 

apnoin^a^princi0  ^ne  President  of  the  United  States,  appoint  a  principal  deputy  surveyor 

pal  deputy  with  ^or  tne  lands  wirhin  the  said  districts,  who  shall  receive  an  annual  sal- 

a  salary  of  $500  ary,  of  five  hundred  dollars,  and,  in  addition  thereto,  the  following  fee ; 

and  fees.  that  is  to  say :  for  examining  and  recording  the  surveys  executed  by 

DuTyofdepuTv  anv  of  the  dePuties>  at  the  rate  of  twenty-five  cents  for  every  mile  of 

surveyor.          "  the  boundary  line  of  such  survey  ;  and  for  a  certified  copy  of  any  plat 

of  a  survey  in  the  office,  twenty-five  cents ;  and  whose  duty  it  shall  be 

to  survey,  or  cause  to  be  surveyed,  by  his  other  deputies,  the  lands,  the 

claims  to  which  are  confirmed,  and  that  are  directed  to  be  granted  as 

donations,  where  the  same  have  not  been  already  surveyed,  and  the 

lands  which  may  be  claimed  by  right  of  pre-emption,  whenever  directed 

by  the  register  and  receiver,  and  to  execute  such  other  surveys  as  may 


LOUISIANA. 


331 


be  shall 


pr0viso. 


Books  of   for- 


and 


be  necessary  for  the  ascertainment  of  the  lands,  the  title  or  claim  to 
which  is  embraced  in  the  report  of  the  commissioners  aforesaid.    And 
the  said  principal  deputy  surveyor  shall  make  out  particular  plats  of 
the  surveys  directed  by  this  act,  which  he  shall  return  to  the  register     Expenseof  sur- 
of  the  proper  district  ;  and  also,  a  general  and  connected  plat,  which  veyiug  paid  by 
ll  return  to  the  surveyor  of  the  lands  south  of  the  State  of  Ten-  united 

he  expense  of  surveying  shall  be  paid  by  the  United  States  : 
wided,  The  same  shall  not  exceed,  in  the  whole,  four  dollars  a  mile, 
every  mile  which  shall  be  actually  surveyed  and  marked,  (d) 
SEC.  12.  And  le  it  further  enacted,  That  the  books  of  the  former  com- 
lissioners,  in  which  the  claims,  and  evidence  of  claims,  are  recorded, 
ball  be  lodged  with  the  registers  of  the  land  office,  for  the  respective       ^    tllo 
listricts  ;  and  the  register  and  receiver  of  public  moneys,  in  each  re-  ters,  &c. 
ipective  district,  shall  have  power  to  examine  the  claims  recognised,     Register 
confirmed,  or  provided  to  bo  granted,  by  the  provisions  of  this  act,  as  ^ed^c 
also,  claims  to  the  right  of  pre-emption  ;  and  they  shall  make  out  to  Ciaim8; 
each  claimant,  entitled,  in  their  opinion,  thereto,  a  certificate,  according 
to  the  nature  of  the  case,  under  such  instructions  as  they  may  receive  eaan 
from  the  Commissioner  of  the  General  Laud  Office  ;  and  on  presentation  entitled,  &c. 
at  the  General  Land  Office,  of  such  certificate  for  a  confirmed  claim,  or     The  certificate 
for  a  donation,  according  to  the  provisions  of  this  act  ;  and  where  it  having  been  fair- 
shall  appear,  to  the  satisfaction  of  the  Commissioner  of  the  General  latent  toTsm'e  & 
Land  Office,  that  the  certificate  has  been  fairly  obtained,  according  to  the 
true  intent  and  meaning  of  this  act,  then,  and  in  that  case,  a  patent  shall 
be  granted,  in  Tike  manner  as  for  other  lands  of  the  United  States,  (a} 

SEC.  13.  And  be  it  further  enacted,  That  the  President  shall  have  power  The  President 
to  appoint  the  register  and  receiver  of  public  moneys  for  the  said  dis-  m^Y  appoint  the 
tricts  in  the  recess  of  the  Senate,  who  shall  be  nominated  to  them  at  cefver^fn  the  re- 
their  next  meeting.  cess,  &c. 

(a)  SeeNos.  699,  701,  703,  704,705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  128,  732, 
737,  7^8,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873, 
889,  899,  904,  911,  946,  956,  957,  961,  9(i7. 

(6)  See  Xos.  704.  708,  710,  720,  722,  729,  730,  732,  761,  768,  786,  813,  818,  849,  858,  860,  897, 
899,  919,  920,  928,  963. 

(c)  See  Nos.  701,  704,  708,  710,  711,  718,  737,  740,  831,  879,  965. 

(d)  See  Nos.  701,  703,  704,  708,  710,  718,  722,  724,  727,  730,  777,  803,  858. 


No.  7 32.— AN  ACT  supplement 


plementary  to  the  several  acts  for  the  adjustment  of  land     May  11,  1820. 
claims  in  the  State  of  Louisiana.  Vol.  3,  p.  573. 


Be  it  enacted,  $-c.,  That  the  claims  for  lands  within  the  eastern  district     claims  for 
of  the  State  of  Louisiana,  described  by  the  register  and  receiver  of  the  lands  in  the  eas- 
said  district,  in  their  report  to  the  Commissioner  of  the  General  Land  tern   district   of 
Office,  bearing  date  the  twentieth  day  of  November,  one  thousand  eight  Louisiana,     con- 
hundred  and  sixteen,  and  recommended  in  the  said  report  for  confirma-    r 
tion,  be,  and  the  same  are  hereby,  confirmed  against  any  claim  on  the 
part  of  the  United  States. 

SEC.  2.  And  ~be  it  further  enacted,  That  any  person  or  persons,  claiming     Persons  claim- 
lands  within  that  part  of  Louisiana  lying  west  of  the  river  Mississippi,  inS lands  ^est  of 
including  the  island  of  New  Orleans,  founded  upon  any  Spanish  grant,  found^^u  Sn 
concession,  or  order  of  survey,  and  whose  claims  have  not  heretofore  been  Spanish    grants, 
filed  in  the  proper  office,  may,  from  and  after  the  first  day  of  July  next,  &c. 
and  until  the  thirty-first  day  of  December  thereafter,  deliver  notices,  in     Notices,  &c.,  to 
writing,  and  the  written  evidences,  of  their  claims,  to  the  register  of  the  be  recorded, 
land  district  within  which  such  lands  may  be  situate,  within  the  said 
State,  and  the  said  notices  and  evidences,  so  delivered,  within  the  time 
limited  by  this  act,  shall,  by  the  said  registers,  be  recorded,  in  books  to 
be  kept  for  that  purpose  ;  for  which  service  a  compensation  shall  be  re- 
ceived, froni  such  claimants  at  the  rate  of  twenty-five  cents  for  every     Twenty- five 
hundred  words.     And  the  rights  of  such  persons  as  shall  neglect  so  do-  cents  for   every 
ing,  within  the  time  limited  by  this  act,  shall,  so  far  as  they  are  derived  hundred     words 
from,  or  founded  on,  any  act  of  Congress,  ever  after  be  barred,  and  be-     persons     neg- 
come  void,  and  the  evidences  of  their  claims  never  after  admitted  as  evi-  lecting  forfeit 
dence  iu  any  court  of  the  United  States,  against  any  grant  derived  from  their  rights,  &c. 
the  United  States. 

SEC.  3.  And  lo  it  further  enacted,  That  the  said  registers  shall  on  the  Registers  to  re- 
first  day  of  January  next,  make,  to  the  Secretary  of  the  Treasury,  a  re-  P°rt  to  the  Sec- 
port  of  all  the  claims  filed  in  their  respective  offices,  in  pursuance  of  the  TiSirv 
provisions  of  this  act,  together  with  the  substance  of  the  evidence  in 
support  thereof,  with  their  opinion  of  the  credit  to  which  such  evidence 
is  entitled. 


332  LOUISIANA. 

Persons  claim-      SEC.  4.  And  be  it  further  enacted,  That  every  person  or  persons,  claini- 
uig  lands  under  ing  lands  within  that  part  of  Louisiana  described  in  the  preceding  sec- 
bpani   \.    grants,  ^QQ^  founde(j  UpOn  any  Spanish  gi&nt,  concession,  or  order  of  survey, 
who  had  filed  their  notices  of  claims  in  the  proper  office,  according  to 
former  laws,  and  whose  claims  have  not  been  confirmed,  may,  at  any 
time  before  the  thirty-first  day  of  December  next,  deliver  additional 
written  evidence,  or  other  testimony,  in  support  of  their  claims,  the  no- 
tice of  which  had  been  filed  as  aforesaid,  to  the  said  registers ;  and  the 
Evidence  to  be  evidence,  so  delivered,  or  offered,  shall  be  recorded  in  books  to  be  kept 
recorded.  for  that  purpose;  for  which  service  a  compensation  shall  be  received, 

from  such  claimants,  at  the  rate  of  twenty-five  cents  for  every  hundred 
Rights  of  per-  words.    And  the  rights  of  such  persons  as  shall  neglect  so  doing  within 
sons  neglecting,  tne  time  limited  by  this  act,  shall,  so  far  as  they  are  derived  from,  or 
founded  on,  any  act  of  Congress,  ever  after  be  barred,  and  become  void, 
and  the  evidences  of  their  claims  never  after  admitted  as  evidence  in 
any  court  of  the  United  States,  against  any  grant  derived  from  the  United 
States. 

Registers,  on  SEC.  5.  And  be  it  further  enacted,  That  the  said  registers  shall,  on  the 
the  1st  of  Jan.,  first  day  of  January  next,  make,  to  the  Secretary  of  the  Treasury,  a  re- 
claini8t0in  wfieh  por*  of  the  c*aims  in  which  additional  evidences  shall  have  been  filed  in 
additional  evi-  their  respective  offices,  together  with  the  substance  of  the  evidence  so 
<lence  has  been  filed,  with  their  opinion  of  the  credit  to  which  such  evidence  is  entitled, 
filed,  &c.  and  such  other  information  as  the  examination  of  such  cases,  under  any 

former  law,  may  have  placed  in  their  power  or  possession. 

Se  cretary  of      SEC.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  See- 
the Treasury  to  retary  of  the  Treasury,  as  soon  as  the  reports  of  the  said  registers  shall 
examine,  and  re-  be  received,  to  proceed  to  the  examination  of  the  claims  aforesaid,  and 
ongress.  to  repOrt  to  tne  two  houses  of  Congress  a  list  of  the  cases,  which,  in  his 
opinion,  ought  to  be  confirmed,  together  with  the  reasons  upon  which 
Proviso.  his  opinion  may  be  founded  :  Provided,  nevertheless,  That  no  claim  shall 

be  so  recommended  for  confirmation,  which  contains  more  than  the 
quantity  contained  in  a  league  square,  (a)  . 

The  5th  section      SEC.  7.  And  be  it  further  enacted,  That  the  fifth  section  of  the  act  of  the 
of  the  act  of  3d  third  day  of  March,  eighteen  hundred  and  eleven,  entitled"  An  act  pro- 
bed and^ntin-  vidinS  f?r  the  final  adjustment  of  claims  to  lands,  and  for  the  sale  of 
ued    until    llth  *ne  public  lands,  in  the  Territories  of  Orleans  and  Louisiana,  and  to  re- 
May,  1823.  peal  the  act  passed  for  the  same  purpose,  and  approved  February  six- 
teenth, one  thousand  eight  hundred  and  eleven,"  be,  and  the  same  is 
hereby  revived  and  continued,  for  the  term  of  two  years,  from  and  after 
the  passing  of  this  act.  (6) 

Additional     SEC.  8.  And  be  >t  further  enacted,  That  the  said  registers,  in  addition  to 
compensation  to  the  compensation  herein  prescribed,  shall  receive,  in  full  for  the  services 
the  registers,  in  required  of  them,  respectively,  by  this  act,  the  sum  of  six  hundred  dol- 
lars, which  shall  be  paid  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated. 

(a)  SeeXos.  699,  701,  703, 704,  705,  708,  710.  712,  716,  718,  721,  722,  723,  724.  728.  731,  737, 
738.  739,  740,  745,  746,  749,  752.  753,  777,  790,  817,  819,  826,  852,  863,  664,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 

(&)  See  Xos  704,  708,  710,  720,  722,  729,  730,  731,  761,  768,  786,  813,  818,  849,  858,  860,  S-97, 
899,  919,  920,  928,  963. 

Feb.  28,  1820.      No.  733.— AX  ACT  confirming  Anthony.  Cavalier  and  Peter  Petit  in  their  claim  to 

Vol.  6,  p.  238.  a  tract  of  land. 

Claim  to  a  tract     ^e  ^  enacted,  <|-c.,  That  Anthony  Cavalier,  and  Peter  Petit,  of  the 

of  land  confirm-  State  of  Louisiana,  shall  be,  and  they  are  hereby,  confirmed  in  their 

ed.  claim  to  a  tract  of  land,  containing  two  thousand  and  sixty-five  acres, 

being  an  island  in  the  Mississippi  River,  known  by  the  name  of  Apple 

Island ;  for  which  tract  of  land  the  said  Anthony  Cavalier  and  Peter 

Proviso.  Petit  shall  be  entitled  to  a  patent :  Provided,  That  nothing  in  this  act 

shall  affect  the  claim  or  claims  of  any  person  or  persons  to  the  same 
land,  or  any  part  thereof,  derived  from  the  United  States,  if  any  such 
there  be,  or  the  claim  or  claims  of  any  other  person  or  persons  whatso- 


March  30  1822  No.  734.— AX  ACT  supplemental  to  an  act,  entitled  "An  act  authorizing  the  dis- 
Yol  3  p  661  posal  of  certain  lots  of  public  ground  in  the  city  of  Xew  Orleans  and  town  of 

' L_     Mobile." 

Corporation  of     Be  it  enacted,  #c.,  That  the  corporation  of  the  city  of  New  Orleans  be, 

XewOrleans  ruay  and  are  hereby,  authorized  to  appropriate  so  much  of  the  lot  of  ground 


LOUISIANA. 

which  Fort  St.  Charles  formerly  stood,  as  may  be  necessary  for  con-  sell  so  much  of 
inning  Esplanade  street  to  the  Mississippi  River;  and,  also,  to  sell  the    ground    on 
id  convey  that  portion  of  the  said  ground  which  lies  below  said  street :  Waajie8  stoc*?  as 
the  proceeds  of  such  sale  shall  be  applied  to  the  purchase  of  the  ground  may  be  necessary 
recessary  for  the  opening  of  Victory  street,  and  the  public  walk  and  for      continuing 
Ely  si  an  fields,  and  to  such  other  purpose  as  the  said  corporation  may  Esplanade  street. 
deem  expedient,  (a) 
(a)  See  Nos.  705,  708,  710,  713,  730,  739. 


No.  735.—  AX  ACT  for  the  relief  of  the  legal  representatives  of  Marie  Therese.         May  7,  1822. 

Be  it  enacted,  #c.,  That  the  legal  representatives  of  Marie  Therese  be, 
and  they  are  hereby,  confirmed  in  their  title  to  a  tract  of  land  of  three 


,  .ln. 

and  a  half  arpens  in  front  and  forty  back,  situated  on  the  right  bank  Sct-of  land 
of  the  Bayou  Rapide,  in  the  parish  of  Rapide,  and  State  of  Louisiana, 
bounded  above  by  the  lands  of  Joseph  Renois,  and  below  by  lands  for- 
merly owned  by  Bolon  Layssard  ;  which  boundaries  shall  be  more  par- 
ticularly designated,  under  the  direction  of  the  register  of  the  land 
office  of  the  district  in  which  the  said  tract  lies  :  Provided,  however,  That     Proviso. 
nothing  in  this  act  shall  be  so  construed  as  to  weaken  the  claim  of  any 
third  person. 


No.  736.— AN  ACT  for  the  relief  of  Susan  Berzat,  widow,  and  the  legal  representa-     May  7,  1822. 
tives  of  Gabriel  Berzat,  deceased.  Vol.  6,  p.  276. 


Be  it  enacted,  <$-c..  That  the  right  and  title  to  six  hundred  and  forty     Title    to  land 
acres  of  land  shall  be,  and  the  same  are  hereby,  confirmed  to  Susan  confirmed. 
Berzat,  widow,  and  the  legal  representatives,  of  Gabriel  Berzat,  de- 
ceased, including  the  improvement  made  by  the  said  decedent  in  his 
lifetime,  in  the  parish  of  Avoyelles,  in   the  State  of  Louisiana;  the 
boundaries  of  which  tract  of.  land  shall  be  designated  by  the  register  of 
the  land  office  of  the  district  within  which  it  is  situated. 


No.  737.—  AN  ACT  supplementary  to  the  several  acts  for  adjusting  the  claims  to     May  8,  1822. 
land,  and  establishing  land  offices,  in  the  districts  east  of  the  island  of  New     Vol.  3,  p.  707. 
Orleans, 

Be  it  enacted,  <fc.,  That  all  the  claims  to  land  said  to  be  derived  from     Claims  to  land 
the  British  or  Spanish  authorities,  reported  to  the  Commissioner  of  the  derived  from 
General  Land  Office  by  the  registers  and  receivers  of  the  land  office  at  ^authorities" 
St.  Helena  Courthouse  and  at  Jackson  Courthouse,  in  the  districts  east  reported    to    be 
and  west  of  Pearl  River,  appointed  under  the  authority  of  an  act,  enti-  Commissioner  of 
tied  "An  act  for  adjusting  the  claims  to  land,  and  establishing  land  the  General  Land 
offices,  in  the  districts  east  of  the  island  of  New  Orleans,"  which  are  {JtErt    'Silk 
contained  in   the  several  reports  of  the  registers  and  receivers,  and  are  valid,  &c.!  re- 
which  are,  in  the  opinion  of  the  registers  and  receivers,  valid,  agree-  cognized  as  corn- 
ably  to  the  laws,  usages,  and  customs,  of  the  said  governments,  be,  and  Plete  title8'  &c 
the  same  are  hereby,  recognised  as  valid  and  complete  titles,  against 
any  claim  on  the  part  of  the  United  States,  or  right  derived  from  the 
United  States. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  claims  reported  as  afore-     All  claims  re- 


said,  and  contained  in  the  several  reports  of  the  said  registers  and  re-  ported,  &c., 
ceivers,  founded  on  orders  of  survey,  requettes,  permission  to  settle,  or  ^r^of  s°urvev 
other  written  evidences  of  claims,  derived  from  the  Spanish  authorities,  requettes,  &c  ,' 


,  , 

which  ought,  in  the  opinion  of  the  registers  and  receivers,  to  be  con-  derived  from  the 
firmed,  shall  be  confirmed  in  the  same  manner  as  if  the  title  had  been  Spanish  authori- 
completed  :  Provided,  That  the  confirmation  of  all  the  said  claims  pro-  flrmsed       '  c' 
vided  for  by  this  act,  shall  amount  only  to  a  relinquishment  for  ever,  on     Proviso. 
the  part  of  the  United  States,  of  any  claim  whatever  to  the  tract  of 
land  so  confirmed  or  granted. 

SEC.  3.  And  be  it  further  enacted,  That  every  person,  or  his  or  her  legal  Every  person, 
representative,  whose  claim  is  comprised  in  the  lists  or  registers  of  &c.,  whose  claim 
claims  reported  by  the  registers  and  receivers,  and  the  persons  em-  j*  "i™.?™8**  Vj 
braced  in  the  lists  of  actual  settlers,  or  their  legal  representatives,  not  actually  'inlmbir- 
having  any  written  evidence  of  claim  reported  as  aforesaid,  shall,  when  ins,  &c.,  ou  or 
it  appears  by  the  said  reports,  or  by  the  said  lists,  that  the  land  claimed  before  April  15, 
or  settled  on  had  been  actually  inhabited  or  cultivated  by  such  person  1813)  en^tled  to 
or  persons  in  whose  right  he  claims,  on  or  before  the  fifteenth  day  of  grant)  &< 


334  LOUISIANA. 

April,  one  thousand  eight  hundred  and  thirteen,  be  entitled  to  a  grant 
Proviso.  for  the  land  so  claimed  or  settled  on  as  a  donation  :  Provided.  That  not 

more  than  one  tract  shall  be  thus  granted  to  any  one  person,  and  the 
same  shall  not  contain  more  than  six  hundred  and  forty  acres  ;  and 
that  no  lands  shall  be  thus  granted  which  are  claimed  or  recognised  by 
the  preceding  sections  of  this  act,  or  by  virtue  of  a  confirmation  under 
an  act,  entitled  "An  act  for  adjusting  the  claims  to  land,  and  establish- 
ing land  offices,  in  the  districts  east  of  the  island  of  New  Orleans,"  ap- 
proved on  the  third  day  of  March,  eighteen  hundred  and  nineteen  : 
Proviso.  And  provided,  also.  That  no  claim  shall  be  confirmed  where  the  quantity 

was  not  ascertained,  and  report  made  thereon  by  the  registers  and  re- 
ceivers, prior  to  the  twenty-fifth  day  of  July,  one  thousand  eight  hun- 
dr»'d  and  twenty. 

Registers  and  *;EC-  4-  And  be  it  further  enacted,  That  the  registers  and  receivers  of 
receivers,  except  the  public  moneys  of  said  respective  districts,  except  in  relation  to  per- 
ui  relation  to  pri-  ie  T  titles,  as  recognised  in  the  first  section  of  this  act,  and  the  first 
of  the  acfc  of  tbe  third  dar  of  March>  one  thousand  eight  hun- 


empowered  to  di-  dred  and  nineteen,  shall  have  power  to  direct  the  manner  in  which  all 
rect  the  mamm  l.uids  claimed  in  virtue  of  the  preceding  sections  shall  be  located  and 
in  which  the  surveyed  ;  and  also  to  direct  the  location  and  manner  of  surveying  all 
lances  si  lo-  tbe  claims  to  land  recognised  by  the  second,  third,  and  fourth,  sections 

of  an  act,  entitled  "An  act  for  adjusting  the  claims  to  land,  and  estab- 
lishing land  offices,  in  the  districts  east  of  the  island  of  New  Orleans," 
approved  on  the  third  day  of  March,  one  thousand  eight  hundred  and 
nineteen,  having  regard  to  the  laws,  uq^ges,  and  customs,  of  the  Span- 
ish Government  on  that  subject  ;  and  having  regard  also  to  the  mode 
adopted  by  the  Government  of  the  United  States  in  surveying  the  claims 
to  land  confirmed  by  virtue  of  the  second  and  third  sections  of  an  act 
of  Congress,  entitled  "An  act  regulating  the  grants  of  lands,  and  pro- 
viding for  the  disposal  of  the  lands,  of  the  United  States,  south  of  the 
State  of  Tennessee,  approved  on  the  third  March,  one  thousand  eight  hun- 
The    registers  dred  and  three.    And  that,  in  relation  to  all  such  claims  which  may 
au  d      receivers  conflict,  or  in  any  manner  interfere,  the  said  registers  and  receivers  of  pub- 
may  decide    on  \[c  moneys  of  the  respective  districts  shall  have  power  to  decide  between 
claims.  &c.  *    g  tbe  parties,  and  shall,  in  their  decision,  be  governed  by  such  conditional 
lines  or  boundaries  as  may  have  been  agreed  on  between  the  parties. 
either  verbally  or  in  writing,  at  any  time  prior  to  the  passage  of  this 
act.    Bat,  upon  the  decision  of  those  claims  alluded  to,  which  may  con- 
flict or  interfere,  and  in  relation  to  which  the  parties  interested  have 
agreed  on  no  conditional  lines  or  boundaries  as  to  the  manner  of  loca- 
ting the  same  ;  the  said  registers  and  receivers  of  the  respective  districts 
shall  make  an  equal  division  of  the  land  claimed,  so  as  to  allow  each 
Proviso.  party  his  or  their  improvements:  Provided,  however,  That,  should  it  be 

made  appear,  to  the  satisfaction  of  the  register  and  receiver  of  public 
moneys  of  the  respective  districts,  in  any  such  case,  that  the  subsequent 
settler  bad  obtruded  on  the  claim  of  the  former,  and  had  made  his 
establishment  after  having  been  forbid  so  to  do,  the  said  registers  and 
receivers  of  public  moneys  shall  have  power  to  decide  between  the 
parties,  according  to  the  circumstances  of  the  case  and  the  principles  of 
justice. 

Patents  for  SEC.  5.  And  be  it  further  enacted,  That  patents  shall  be  granted  for  all 
lands  to  be  lands  confirmed  by  virtue  of  the  provisions  of  this  act,  in  the  same  man- 
granted  as  for  ner  as  patents  are  granted  for  lauds  confirmed  under  former  acts,  to 
fandse  confirmed  whic]l  ^  ^  &  8np*lement. 

acts.  SEC.  6.  And  be  it  further  enacted,  That  to  every  person  who  shall  ap- 

Persons     enti-  pear  to  be  entitled  to  a  tract  of  land,  under  the  second  and  third  sec- 

tied  to  tracts  to  tions  of  this  act,  a  certificate  shall  be  granted,  by  the  register  and 

wlthYrtttcatee  receiver  of  the  district  in  which  the  land  lies,  setting  forth  the  nature 

'  of  the  claim  and  the  quantity  allowed;  for  which  certificate  the  party 

F«  >.  in  whose  favour  it  issues  shall  pay  one  dollar,  to  be  divided  between 

the  said  receiver  and  register.  («) 

The  President  SEC.  7.  And  be  it  further  enacted,  That  the  President  of  the  United 
authorized  to  re-  States  be,  and  he  is  hereby,  authorized  to  remove  the  land  office  from 
™£v'-  £f  knd  St.  Helena  Courthouse  to  such  other  place,  within  the  said  districts,  as 
Helena  cTnrt  he  may  deem  suitable  and  convenient.  (&) 

house.  <fec.  (a)  See^os.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  72-2,  723,  724,  728,  731,  732. 

738,  739,  740,  745,  746,  749,  752,  753,  777,  790.  817,  819,  826,  852,  863,  864,  873,  889, 
899,  904,  911,  946,  956,  957,  961,  967. 
(6)  See  Nos.  701,  704.  708,  710,  711,  718,  731,  740.  831,  879,  965. 


LOUISIANA.  335 

738.— AN  ACT  supplementary  to  the  several  acts  for  the  adjustment  of  laud      Feb.  28,  1823. 
claims  in  the  State  of  Louisiana.  Vol.  3,  p.  727. 

Be  it  enacted,  £c.,  That  the  claims  for  lands  within  the  eastern  dis-     Claims  for  cer- 
trictof  the  State  of  Louisiana,  described  by  the  register  of  the  land  tain    lands    in 
office  of  the  said  district,  in  his  report  to  the  Secretary  of  the  Treasury,  jJSed. 
bearing  date  the  sixth  of  January,  one  thousand  eight  hundred  and 
twenty-oue,  be,  and  the  same  are  hereby,  confirmed,  against  any  claim 
on  the  part  of  the  United  States. 

SEC  2.  And  ~be  it  further  enacted,  That  the  claims  for  lands  within  the     Claims    of 
district  north  of  Red  River,  in  the  State  of  Louisiana,  described  by  the  lands    north    c 
register  of  the  land  office  of  the  said  district,  in  his  report  to  the  Secre- 
tary  of  the  Treasury,  bearing  date  tLe  first  January,  one  thousand  eight 
hundred  and  twenty-one,  and  included  in  the  first,  second,  and  third, 
classes  of  claims,  be,  and  the  same  are  hereby,  confirmed  against  any 
claim  on  the  part  of  the  United  States,  with  the  exception  of  the  claims 
numbered  forty  and  fifty-one  in  the  first  class,  and  of  the  claims  num- 
bered forty -four,  forty-five,  forty-six,  forty-seven,  and  forty-eight,  in  the 
said  first  class,  (which  are  included  in  the  claim  of  Baron  Bastrop.)  (a) 

(a)  See  Nos.  C99,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
,     737,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


No.  739.— AN  ACT  to  revive,  and  continue  in  force,  the  seventh  section  of  an  act,     Feb.  28,  1823. 
entitled  '  'An  act  supplementary  to  thfcseveral  acts  for  the  adjustment  of  land  claims     Vol.  3,  p.  729. 
in  the  State  of  Louisiana,''  approved  the  eleventh  May,  eighteen  hundred  and  — 
twenty,  and  for  other  purposes. 


Be  it  enacted,  <$-c.,  That  the  seventh  section  of  an  act,  entitled  "An  act     Seventh  sec- 


same  is  hereby,  revived,  and  continued  in  full  force  and  effect,  for  the  een  months, 
term  of  eighteen  months  from  and  after  the  passing  of  this  act.  (a) 

SEC.  2.  And  be  it  further  enacted,  That  so  much  of  the  lot  of  land  on  Part  of  navy 
which  is  situated  the  navy  store-house,  in  New  Orleans,  as  may  be  neces-  store-house  lot  in 
sary  to  continue  the  street  now  commenced,  leading  from  Condi  street  g^iited  £* "he 
to  Market-hall,  is  hereby  granted  to,  and  vested  in,  the  corporation  corporation  of 
of  the  city  of  New  Orleans,  for  the  purpose  of  continuing  the  said  that  city, 
street.  (/>) 

(a)  See  Nos.  699,  701,  703,  704,  705,  708, 710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 

737,  738,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899 
904,  911,  946,  956,  957,  961,  967. 

(b)  See  Nos.  705,  708,  710,  713,  734. 


No.  740.— AN  ACT  providing  for  the  the  examination  of  the  titles  to  land  in  that  March  3,  1823. 
part  of  the  State  of  Louisiana,  situated  between  the  Rio  Hondo  and  the  Sabine  Vol.  3,  p.  756. 
River. 

Bt  It  enacted,  <$-c.,  That  all  that  tract  of  country  situated  between  the  Land  between 
Rio  Hondo  and  Sabine  River,  within  the  State  of  Louisiana,  and,  pre- th®  -p0.  H<^° 
viously  to  the  treaty  of  the  twenty-second  of  February,  one  thousand  |J  lithe*6  State 
eight  hundred  and  nineteen,  between  the  United  States  and  Spain,  of'  Louisiana,  at- 
called  the  Neutral  Territory,  be,  and  the  same  is  hereby,  attached  to  the  tached  to  thedis- 
distiict  south  of  Red  River  (a),  and  the  register  and  receiver  of  the*F.ict80utk°f'-R'e(l 
land  office,  in  said  district,  are  required  to  receive  and  record  all  written  Blister  and 
evidences  of  claim  to  land  in  said  tract  of  country,  derived  from,  and  receiver  to  re- 
issued by,  the  Spanish  Government  of  Texas,  prior  to  the  twentieth  day  ceive  and  record 
of  December,  one  thousand  eight  hundred  and  three,  according  to  the  no< 

regulations,  as  to  the  granting  of  lands,  the  laws  and  ordinances  of  said 
government,  and  to  receive  and  record  all  evidences  of  claim,  founded 
on  occupation,  habitation  and  cultivation,  designating  particularly  the 
time  and  manner  in  which  each  tract  was  occupied,  inhabited,  or  culti- 
vated, prior  to,  and  on,  the  twenty-second  February,  eighteen  hundred 
and  nineteen,  and  the  continuance  thereof  subsequent  to  that  time, 
with  the  extent  of  the  improvement  on  each  tract,  and  to  receive  and 
record  such  evidence  as  may  be  produced,  touching  the  performance  of 
the  conditions  required  to  be  performed  by  any  holder  of  any  grant, 
concession,  warrant,  or  order  of  survey,  or  other  written  evidence  of 
claiiu,  and  on  which  the  validity  of  such  claim  may  have  depended 
under  the  government  from  which  it  emanated,  and  to  receive  and 


336  LOUISIANA. 

record  all  evidence  of  frawd  in  obtaining  or  issuing  the  written  evidence 
of  such  claims,  and  of  their  abandonment  or  forfeiture. 

Register     and      SEC.  2.  And  be  it   further  enacted.  That  the  register  and  receiver,  as 
recdvei  to  trans-  aforesaid  ,  shall  transmit  to  the  Secretary  of  the  Treasury,  a  complete 
record  of  a11  r.h®  claims  presented  to  them  under  this  act.  and  the  evi- 


. 

ury  a  record  of  dence  appertaining  to  each  claim,  and  shall  also  make  out  and  transmit, 
all    claims, 

the  evidence.       number  of  claims,  in  four  distinct  classes,  the  first  of  which  shall  con- 
S 


,  , 

claims,   ;md  to  the  Secretary  of  the  Treasury,  an  abstract  containing  the  whole 


claims  S  tain  a  specification  of  the  nature  and  extent  of  complete  titles,  the  time 

when,  and  by  whom,  issned,  and  to  whom,  with  the  date  of  any  trans- 
fer, the  name  of  the  person  transferring,  and  to  whom  transferred,  and 
where  the  conditions  of  such  grant  or  patent  have  been  complied  with  ; 
the  second  shall  contain  all  claims  founded  on  written  evidence  and  not 
embraced  in  the  first  class,  and  where  the  conditions  on  which  the  per- 
fection thereof  into  complete  titles  may  have  depended,  according  to 
the  laws  and  ordinances  of  the  Spanish  Government,  are  shown  to  have 
been  complied  with  :  the  third  class  shall  consist  of  claims  founded  on 
habitation,  occupation,  or  cultivation,  previously  to  twenty-second  of 
February,  one  thousand  eight  hundred  and  nineteen,  and  in  the  manner 
which  would  have  entitled  the  claimants  to  a  title  under  the  govern- 
ment exercising  the  sovereign  power  over  that  tract  of  country,  and 
which,  in  their  opinion,  ought  to  be  confirmed  ;  the  fourth  class  shall 
consist  of  those  claims,  which,  in  the  opinion  of  the  register  and  re- 
Proviso  ceiver,  ought  not  to  be  confirmed  :  Provided,  That  nothing  contained 

in  this  act  shall  be  considered  as  a  pledge  on  the  part  of  Congress  to  con- 
firm any  claim  thus  reported. 

Register   and     SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  regis- 
receiver  to  hold  ter  and  receiver  aforesaid,  after  suitable  notice  to  claimants,  of  the 
Xatehitoches!       time  and  place  of  their  meeting,  and  the  object  thereof,  be  given  by 
them,  to  hold  their  session  at  Natchitoches,  so  long  as  may  be  necessary 
for  the  performance  of  the  dnties  herein  prescribed,  and  shall    be 
allowed  the  sum  of  five  hundred  dollars  each,  as  a  full  compensation 
for  the  services  required  to  be  performed  by  this  act.  (6) 

(a)  See  Xos.  701,  704,  708,  710.  711,  718,  731,  737,  831,  879,  965. 

(b)  See  Xos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731.  732. 

737,  738,  739,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  B£ 
904,  911,  946,  956,  957,  961,  967. 

May  4,  1824.  No.  741.—  AX  ACT  for  the  relief  of  Celestin  Moreau,  of  Louisiana. 

Vol.  6,  p.  295.         Se  it  enact€dt  fc    Tnat  Celestin  Morean,  of  the  county  of  Rnpide,  iu 

Claim  confirm-  the  State  of  Louisiana,  be,  and  he  is  hereby,  confirmed  in  his  claim  TO 
ed  to  land  in  Lou-  four  hundred  superficial  arpens  of  land,  situate  in  the  Bayou  Rouge 
Prairie,  in  the  county  aforesaid,  agreeably  to  his  notice  of  claim,  filed 
on  the  thirtieth  day  of  July,  one  thousand  eight  hundred  and  twelve, 

Proviso.  with  the  register  of  the  western  land  district  of  Opelousas  :  Provided,. 

That  this  confirmation  shall  only  operate  as  a  release  of  the  title  of  the 
United  States  to  4:he  said  tract  of  land,  and  not  affect  the  claim  of 
any  other  person  to  the  same. 

May  19,  1824.  No.  742.—  AX  ACT  for  the  relief  of  Joseph  Firman  and  others. 

Vol.  6,  p.  308.  Be  }t  en((cted^  j.c^  That  Joseph  Firman,  and  others,  of  the  parish  of 
Joseph  Firman  Avoyelles,  in  Louisiana,  who  hold  under  a  grant  made  about  the  year 
and  others,  of  seventeen  hundred  and  eighty-two,  or  three,  to  one  Beaumond,  an  offi- 
tiralSd"in'  their  cer  under  tne  late  Spanish  Government  in  Louisiana,  be,  and  they  are 
titles  to  a  tract  hereby,  confirmed  in  their  title  or  titles  to  a  tract  of  land,  twenty  arpens 
of  land.  in  front,  with  the  depth  of  forty  arpens,  in  proportion  to  the  quantity  of 

land  which  each  one  holds  from  the  said  Beaumond  ;  the  said  tract  be- 
ing the  same  which  the  said  Joseph  Firman,  and  others,  or  those  under 
whom  they  hold,  have  inhabited  and  cultivated  for  more  than  thirty 
years  ;  the  boundaries  of  which  said  tract  of  land  to  be  more  particu- 
larly designated  under  the  direction  of  the  register  of  the  land  office 
Proviso.  at  Opelousas,  in  Louisiana  :  Provided,  This  section  shall  only  operate  as 

a  relinquishment  on  the  part  of  the  United  States,  and  shall  not  affect 
the  rights  of  any  third  person. 

Sums  paid  by     SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
them  to  the  Um-  be,  and  he  is  hereby,  directed  to  cause  to  be  refunded  to  the  said  Joseph 
ted  State8  to  De  Firman,  and  others,  or  their  legal  representatives,  any  sum  or  sums  of 
money  which  he  or  they  may  have  paid  to  the  United  States,  for  the 
purchase  of  said  tract  of  land,  or  any  part  thereof. 


LOUISIANA.  337 

No.  743.— AN  ACT  for  the  relief  of  Maturin  Guichot.  May  19, 1824. 

Beit  enacted,  <$-c.,  That  Maturin  Guichot,  an  inhabitant  of  the  parish 


of  Avoyelles,  in  the  State  of  Louisiana,  or  his  legal  representatives,  be,     The    title    of 
and  he  or  they  are  hereby,  confirmed  in  their  title  to  a  tract  of  land,  of 


ten  arpeus  in  Irout,  with  the  depth  of  forty  arpens,  situated  in  the  in  Avoyelles, 

parish  of  Avoyelles,  in  the  State  of  Louisiana,  and  being  the  same  land  Louisiana,    con'- 

which  the  said  Maturin  Guichot,  or  those  under  whom  he  holds,  have  firmed. 

actually  cultivated  and  inhabited  for  thirty  years,  and  which  said  tract 

of  land  was  originally  granted  to  one  Baptiste  Duplechin,  the  bounda- 

ries of  which  are  to  be  more  fully  and  particularly  designated  under  the 

direction  of  the  register  of  the  land  office  of  the  district  in  which  said 

land  lies:  Provided,  This  section  shall  operate  only  as  a  relinquishrnent     Proviso. 

on  the  part  of  the  United  States,  and  shall  not  affect  the  rights  of  any 

third  person. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury  of    Money  paid  by 
the  United  States  be,  and  he  is  hereby,  directed  to  cause  to  be  refunded  him  to  the  Unit- 
to  the  said  Maturin  Guichot,  or  his  legal  representatives,  any  sum  of  j~.  st»tes  to  be 
money  which  he  may  have  paid  to  the  United  States  for  the  purchase 
of  said  tract  of  land,  or  any  part  thereof. 


No.  744.— AN  ACT  to  authorize  the  President  to  exchange  five  arpens  of  land  on  May  26,  1824. 
the  south  side  of  the  public  lot  at  Baton  Kouge  for  an  equal  quantity  of  land  on  the  Vol.  6,  p.  315. 
north  side  of  said  lot. 


Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be  author-  The  President 
ized  to  exchange  five  arpens  of  land,  on  the  south  side  of  the  public  lot,  authorized  *°  ex- 
in  the  town  of  Baton  Rouge,  Louisiana,  for  an  equal  quantity  of  land  the^outh  side  of 
on  the  north  part  of  the  said  lot,  which  has  been  confirmed  to  the  heirs  public  lot  in  Ba- 
of  Eulogia  de  Casas ;  and  to  give  and  receive  such  titles  as  he  may  deem  ton  Rouge,  for 
proper  for  perfecting  said  exchange. 


No.  745.— AN  ACT  supplementary  to  the  several  acts  providing  for  ascertaining     May  26,  1824. 
and  adjusting  the  titles  and  claims  to  land  in  the  St.  Helena  and  Jackson  Court-     Vol.  4,  p.  59. 
house  land  districts.  


Be  it  enacted,  <fc.,  That  the  claimants  of  lands  within  the  limits  of  the  Claimants  of 
land  district  of  St.  Helena,  as  established  by  the  act  of  the  twenty-fifth  lands  within  the 
of  April,  one  thousand  eight  hundred  and  twelve,  entitled  "An  act  for 


ascertaining  the  titles  and  claims  to  lands  in  that  part  of  Louisiana,  saint  Helena,  to 

which  lies  east  of  the  river  Mississippi,  and  island  of  New  Orleans,"  be  allowed  until 

whose  claims  have  been  presented  to  the  commissioner  appointed  to  re-  the  lat  January 

ceive  and  examine  claims  and  titles  to  lands  in  said  district,  or  to  the  {^  to  Present 

register  and  receiver,  acting  as  commissioners,  under  the  provisions  of 

the  act  of  the  third  of  March,  one  thousand  eight  hundred  and  nine- 

teen, entitled  "An  act  for  adjusting  the  claims  to  lands,  and  establish- 

ing land  offices  in  the  districts  east  of  the  island  of  New  Orleans,"  and 

which  have  not  been  reported  to  Congress,  or  whose  claims  have  not 

been  heretofore  presented  to  the  said  commissioner  ;  or  to  the  register 

and  receiver,  acting  as  commissioners,  be  allowed  until  the  first  day  of 

January  next,  to  present  their  titles  and  claims,  and  the  evidence  in 

support  of  the  same,  to  the  register  and  receiver  of  the  said  district, 

whose  powers  and  duties,  in  relation  to  the  same,  shall,  in  all  respects, 

be  governed  by  the  provisions  of  the  acts  before  recited,  and  of  the  act 

of  the  eighth  of  May,  one  thousand  eight  hundred  and  twenty-two,  en- 

titled "An  act  supplementary  to  the  several  acts  for  adjusting  the  claims 

to  land,  and  establishing  land  offices  in  the  districts  east  of  the  island 

of  New  Orleans." 

SEC.  2.  And  be  it  further  enacted,  That  the  said  register  and  receiver     The     register 
shall  have  power  to  appoint  a  clerk,  who  scall  be  a  person  capable  of  and  receiver  to 
translating  the  French  and  Spanish  languages,  and  who  shall  perform  aPP°int  a  clerk. 
the  duty  of  translator,  and  such  other  duty  as  may  be  required  by  said 
register  and  receiver  ;  and  the  said  register  and  receiver  shall  each  be    Compensation 
allowed,  as  a  compensation  for  their  services,  in  relation  to  the  said  of    the  register 
claims,  and  for  the  services  to  be  performed  under  the  provisions  of  the  and  receiver. 
several  acts  to  which  this  is  a  supplement,  at  the  rate  of  one  thousand 
dollars  a  year  ;  and  the  clerk  at  the  rate  of  twelve  hundred  and  fifty     Compensati  o  n 
dollars  a  year  ;  and  the  clerk  employed  by  the  said  register  and  receiver,  of  the  clerk- 
last  year,  shall  be  allowed,  for  the  services  then  rendered  by  him,  nine 
22  L  O—  VOL  TI 


338  LOUISIANA. 

months'  salary,  at  the  same  rate ;  which  several  sums  of  money  shall 
be  paid  out  of  any  money  in  the  Treasury  not  otherwise  appropriated: 
Proviso.  Provided,  That  not  more  than  two  years'  compensation  be  thus  allowed 

to  either  the  register  and  receiver  or  their  clerk;  and  the  payment  of 
the  whole,  or  any  portion,  of  the  aforesaid  compensation,  may  be  with- 
held by  the  Secretary  of  the  Treasury,  until  a  report  shall  have  been 
made  to  him,  of  the  performance  of  the  services  for  which  the  same  is 
allowed, 

Claims  to  be  SEC.  3.  And  be  it  further  enacted,  That  all  donation  claims  which  may 
surveyed  at  the  be  presented  to  the  said  register  and  receiver  under  this  act,  and  all 
claimants  claims  founded  on  complete  or  incomplete  titles,  which  may  be  so  pre- 

sented, not  heretofore  surveyed,  shall  be  surveyed  at  the  expense  of  the 
claimants,  (a) 

Deputy  sur-  SEC.  4.  And  be  it  furtJier  enacted,  That  the  principal  deputy  surveyor 
veyor  to  reside  of  the  United  States,  for  the  St.  Helena  district,  shall  reside  at  such 
dent^mav  think  Pla?e> in  the  8aid  district,  as  shall  be  designated  by  the  President  of  the 
proper.  United  States. 

(a)  See  Nos.  699,  701,  703,  704,  765,  708,  710,  712, 716, 718, 721,  722, 723, 724,  728,  731,  732, 
737,  738,  739,  740,  746,  749,  753,  753,  777,  790, 817, 819,  ff26,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


May  26,  1824.      No.  746.— AX  ACT  supplementary  to  "An  act  providing  for  the  examination  of 
VoL  4,  p.  65.  titles  to  land  in  that  part  of  the  State  of  Louisiana  situated  between  the  Rio  Honda 

[Hondo]  and  the  habine  River." 

The  powers     Be  it  enacted,  <fc.,  That  the  powers  given  to,  and  duties  required  of, 
given  to,  &c.,the  the  register  and  receiver  of  the  land  office  south  of  Red  River,  in  the 
register  and  re-  State  of  Louisiana,  by  the  act  of  the  third  of  March,  eighteen  hundred 
office'  south    of  aml  twenty- three,  entitled  "An  act  providing  for  the  examination  of  the 
Red  River,  Lou-  titles  to  land  in  that  part  of  the  State  f.f  Louisiana,  situated  between 
isiana,  by  the  act  [the]  Rio  Honda  [Hondo]  and  the  Sabine  River,"  be  extended  to  all 
°xt^3ed  3' 1823>  that  tract  of  c.ountry»  known  and  called  by  the  name  of  "the  Neutral 
Territory,"  lying  east  of  the  present  western  boundary  of  Louisiana, 
and  west  of  the  limits  to  which  the  land  commissioners  have  heretofore 
examined  titles  and  claims  to  land  in  said  State ;  and  in  the  examina- 
tion of  claims  to  land  within  the  aforesaid  limits,  the  register  and 
receiver  shall,  in  all  respects,  be  governed  by  the  provisions  of  the 
aforesaid  act.  (a) 

The      register     SEC.  2.  And  be  it  further  enacted,  That  the  register  and  receiver  of  said 
and  receiverto  land  offices  shall,  severally,  receive,  as  a  full  compensation  for  the  duties 
receive  each  $200.  required  of  them  by  this  act,  the  sum  of  two  hundred  dollars,  when- 
ever they  shall  have  finished  the  business  required  to  be  performed  by 
them,  by  this  act,  and  the'act  to  which  this  is  a  supplement,  and  have 
forwarded  their  reports  to  the  Secretary  of  the  Treasury. 

(a)  See  Nos.  699, 701.  703,  704,  705,  708, 710,  712, 716,  718, 721, 722,  723, 724, 728,731, 732,  737, 
738,  739,  740,  745,  749,  752,  753,  777,  790,  817, 819,  826, 852,  863,  864,  873,  889,  899,  904, 
911,  946,  956,  957,  961,  967. 


May  26,  J824.     No.  747.— AN  ACT  granting  a  tract  of  land  to  the  inhabitants  of  the  pariah  of 
VoL  6,  p.  318.  Point  Coupee,  on  certain  conditions. 


A  tract  of  land     Be  it  enacted,  #c.,  That  the  right  of  the  United  States  to  a  tract  of 

on  the  Mississip-  land,  forty  arpens  front,  upon  the  Mississippi  River,  and  running  back 

totheVinhabft^netsthe  dePth  of  forty  arPens>  at  a  remarkable  bend  on  said  river,  be,  and 

of  the  parish  of tlie  same  is  hereby,  granted  to  the  inhabitants  of  the  parish  of  Point 

Point  Co'ipee.      Coupee,  within  which  said  land  is  situated,  on  condition  that  said  parish 

shall,  at  all  times,  hereafter,  keep  a  good  and  sufficient  levee  in  front 

of  said  land,  upon  the  river  Mississippi ;  and,  if  they  should,  at  any 

time  hereafter,  cease  to  keep  up  such  good  and  sufficient  levee,  the 

land  shall  revert  to  the  United  States. 


May  26,  1824.     No.  748.—  AN  ACT  granting  a  tract  of  land  to  the  parish  of  "West  Baton  Rouge,  on 
Vol.  6  p.  319.  certain  conditions. 

Be  it  enacted,  $c.,  That  the  right  of  the  United  States  to  a  tract  of 


.,  T'V°  .  ,riS|rt  of  iandj  Of  about  eight  arpens  front,  on  the  Mississippi  River,  be,  and  the 
tea  tract  of  land  8ame  is  hereby,  granted  to  the  inhabitants  of  the  parish  of  West  Baton 
granted  to  'the  Rouge,  within  which  said  land  is  situated,  on  condition  that  said  parish 


LOUISIANA.  339 

shall,  at  all  times,  keep,  or  cause  to  be  kept,  a  good  and  sufficient  levee  parish  of   "West 
-on  said  land,  in  front  on  the  river  Mississippi ;  and  if  they  should  at  Baton  Rouge  on 
any  time  hereafter  cease  to  keep,  or  cause  to  be  kept,  a  good  and  suffi- co       Lon'  &G- 
cicnt  levee,  the  land  shall  revert  to  the  United  States. 

! 

No.  748«.— AN  ACT  concerning  General  Lafayette.  Dec.  28,  1824. 

Be  it  enacted,  $-c.,  That,  in  consideration  of  the  services  and  sacrifices       o  •  '.  P-  •? 
of  General  Lafayette,  in  the  war  of  the  Revolution,  the  Secretary  of    $200,000  to  be 
the  Treasury  be,  and  he  is  hereby,  authorized  to  pay  to  him  the  sum  of  Paid  General  La 
two  hundred  thousand  dollars,  out  of  any  money  in  the  Treasury,  not*^6"6' 
'Otherwise  appropriated. 

SEC.  2.  And  he  it  further  enacted,  That  there  be  granted  to  the  said     One   township 
General  Lafayette  and  his  heirs,  one  township  of  land,  to  be  laid  out  ^^^.J0    be 
and  located  under  the  authority  of  the  President,  in  any  of  the  unap-  *"' 
propriated  lands  of  the  United  States,  (a) 

(a)  See  Nos.  32,  700,  701, 704,  708,  869. 


No.  749.—  AN  ACT  confirming  certain  claims  to  lands  in  the  western  district  of     Feb.  5,  1825. 

Louisiana.  Vol.  4,  p.  81. 

Be  it  enacted,  #c.,  That  all  the  claims  to  land  embraced  in  the  report  Report  Of  the 
made  by  the  commissioners  appointed  for  adjusting  the  titles  and  claims  commissi  oners 
to  land  in  the  western  district  of  Louisiana,  upon  the  thirtieth  day  of  for  adjusting  the 
December,  eighteen  hundred  and  fifteen,  and  recommended  by  them  for  titles-.  &c.,  to 

a 


confirmation,  be,  and  the  same  are  hereby,  confirmed  :  Provided,  That  JJJa  SAric?6  of 
no  person  or  persons  shall  be  entitled,  by  any  one  claim,  to  a  greater  Louisiana,  con- 
quantity  than  one  league  square  under  this  act.  (a)  firmed. 

(a)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  719,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,  738,  739,  740,  745,  746,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


RNo.  750.— AN  ACT  for  the  relief  of  Malachi  Burns.  March  3  1825 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office,     Vole, p.' 321. 
on  application,  cause  a  patent  to  be  issued  to  Malachi  Burns,  or  his    Land  patent  to 
legal  representatives,  for  three  hundred  and  two  arpens  of  land,  situated  be  issued  to  him 
in  the  parish  of  Feliciana,  in  the  State  of  Louisiana,  according  to  the  for  302  arpens  of 
boundaries  of  a  plat  thereof,  made  for  Edward  Metcalf,  on  the  seventh 
-day  of  January,  one  thousand  eight  hundred  and  seven :  Provided,  This    Provi80 
act  shall  not  prejudice  or  in  any  wise  affect  the  rights  of  any  third 
person. 

No.  751.-AN  ACT  for  the  relief  of  the  representatives  of  Noel  Soileau,  deceased.      Mar°h  3> 

V  ol.  6,  p. 

Be  it  enacted,  <$'c.,  That  the  heirs  and  legal  representatives  of  Noel  — 
Soileau,  deceased,  be,  and  they  are  hereby,  confirmed  in  their  claim  to  fl;?heir  cla/m  *9 
six  hundred  and  forty  acres  of  land,  lying  near  the  Bayou  Crocodile,  in  JJ  Lo3a°naco£ 
the  Grand  Prairie,  in  the  county  of  Opelousas,  in  the  State  of  Louisiana;  firmed, 
it  being  the  same  on  which  Hilaire  Bordelou  resided  in  the  year  one 
thousand  eight  hundred  and  fourteen :  Provided,  This  act  shall  be  con-     Proviso- 
sidered  only  as  a  reliuquishment  on  the  part  of  the  United  States,  and 
as  not  operating  to  the  prejudice  of  any  third  person. 


No.  752.— AN  ACT  to  confirm  the  supplementary  report  of  the  commissioners  of  the     March  31 , 1826. 
western  district  of  Louisiana.  V ol.  4,  p.  152. 

Be  it  enacted,  #c.,  That  the  claims  marked  B,  described  in  the  supple-  Certain  claims 
mentary  report  of  the  commissioners  of  the  western  district  of  the  State  described  in  the 
of  Louisiana,  dated  the  llth  of  May,  one  thousand  eight  hundred  and  supplementary 
fifteen,  and  recommended  by  them  for  confirmation,  be,  and  the  same|;^^J8gj00*£jJJ 
are  hereby,  confirmed  in  the  same  manner,  and  under  the  same  restric-  of  the  western 
tions,  as  the  report,  to  which  this  was  supplementary,  was  confirmed,  district  of  Lou- 
by  the  act  of  the  twenty- ninth  of  April,  one  thousand  eight  hundred  i8,iana>  confirm- 
•and  sixteen,  (a)  ed< 

(a)  See  Nos.  699,  701,  703,  704,  705,  708,  TlO,  712,  716,  718,721,  722,  723,  724,  728,731,  732, 
737,  738,  739,  740,  745,  746,  749,  753.  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  809, 
904,  911,  946,  956,  957,  961,  967. 


340  LOUISIANA. 

May  4, 1826.       No.  753.— AN  ACT  supplementary  to  the  several  acts  for  ascertaining  titles  and 
Vol.  4,  p.  159.  claims  to  lands  in  the  St.  Helena  and  Jackson  Courthouse  land  districts. 


Claims  to  land     Be  it  enacted,  <fc.,  That  all  the  claims  to  laud  contained  in  abstracts 
in  land   district  A,  B,  and  E,  of  the  report  of  the  register  and  receiver  of  the  land  district 
C?     *t\  Helenf  of  St.  Helena  Courthouse,  reported  to  the  Secretary  of  the  Treasury, 
Jan      i9°U8ei825  under  date  of  the  nineteenth  January,  one  thousand  eight  hundred  and 
&c.,' confirmed.  '  twenty-five,  in  obedience  to  an  act  of  Congress  of  the  twenty-sixth  of 
May,  one  thousand  eight  hundred  and  twenty-four,  and  the  claims  em- 
braced in  the  supplemental  report  of  the  register  and  receiver,  under 
date  of  the  fifth  of  December,  one  thousand  eight  hundred  and  twenty- 
five,  and  which  are  recommended  for  confirmation,  be,  and  the  same  are 
hereby,  confirmed,  so  far  as  they  may  come  within  the  provisions  of,  and  be 
conformable  to,  the  principles,  limitations,  and  restrictions  of  the  act  of 
the  third  of  March,  one  thousand  eight  hundred  and  nineteen,  entitled 
"An  act  for  adjusting  the  claims  to  land,  and  establishing  land  offices 
in  the  districts  east  of  the  island  of  New  Orleans." 

Register     and     SEC.  2.  And  ~be  it  further  enacted,  That  the  register  and  receiver  of  said 
receiver  of  said  district  shall  possess  the  same  powers  and  perform  the  same  duties  in 
district  to   pos-  relation  to  the  claims  confirmed  by  this  act,  as  are  given  to  and  required 
powers    as ^are  °?  them  by  the  act  of  Congress,  of  the  eighth  of  May,  one  thousand 
given   them    by  eight  hundred  and  twenty-two,  entitled  "An  act  supplementary  to  the 
the  act  of  Con-  several  acts  for  adjusting  the  claims  and  titles  to  lands,  and  establish- 
gresa,  of  May  8,  jng  ian(i  offices  in  the  district  east  of  the  island  of  New  Orleans:"  Pro- 
vided, That  nothing  contained  in  this  act  shall  be  so  construed  as  to 
extend  further  than  a  relinquishment  of  all  right  and  title  to  said  lands, 
on  the  part  of  the  United  States,  without  prejudice  to  the  interests  of 
third  persons,  (a) 

Register,      re-     SEC.  3.  And  be  it  further  enacted,  That  the  register  and  receiver,  and 
ceiver,    &c.,    to  derk  of  said  land  office,  at  St.  Helena,  shall  continue  to  have  and  re- 
SlSvaa taUSw  ceive>  for  the  term  of  twelve  months  from  the  passing  of  this  act,  the 
allowed  by  law.    same  salary  for  the  performance  of  the  duties  required  of  them  by  this 
act,  and  the  acts  to  which  this  is  a  supplement,  as  is  now  allowed  by 
law,  which  shall  be  paid  out  of  any  money  in  the  Treasury,  not  other- 
wise appropriated. 

(a)  SeeNos.  699,  701,  703,  704,  705,  708,  710,  712,  716,718,721,722,723,724,728,731,732, 
737,  738,  739,  740,  745,  746,  749,  752,  777,  790,  817,  819,  626,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


May  15,  1826.  No.  754.— AN  ACT  for  the  relief  of  Moses  Kenney. 

To     ,  p.  340.        Be  it  enacted,  <j-c.,  That  Moses  Kenney,  or  his  legal  representative,  shall  • 

Authorized  to  be,  and  hereby  is,  authorized  to  change  the  location  of  survey,  number 

change  the  loca-  three  hundred  and  ninety-nine,  founded  upon  a  Spanish  concession  in 

rvey.  upper  Louisiana,  for  three  hundred  and  fifty  arpens  of  land,  equal  to 

two  hundred  and  ninety-seven  acres,  and  seventy-four  hundredths,  so 

as  to  make  the  survey  conformable  to  the  true  location ;  and  if  the  land, 

or  any  part  thereof,  which  would  be  included  in  such  true  location,  shall 

have  been  sold,  or  otherwise  disposed  of,  then  the  said  Moses  Kenney 

may  locate  the  said  quantity  of  two  hundred  and  ninety- seven  acres, 

and  seventy-four  hundredths,  in  parcels,  conformable  [to]  sectional 

divisions  and  subdivisions,  upon  any  lands  belonging  to  the  United 

States,  and  liable  fco  be  sold  at  private  sale ;  and  if,  after  locating  part 

of  said  quantity,  there  should  remain  a  fractional  excess,  not  equal  to 

the  smallest  subdivision  of  a  section,  then  the  party  interested  may 

enter  for  such  part,  and  pay  for  the  remainder  with  ready  money. 


May  16,  1826.     No.  755.— AN  ACT  to  confirm  certain  claims  to  lands  in  the  district  of  Opelousaa, 

Vol.  4,  p.  168.  in  Louisiana. 

~~^\    '-  71     Be  it  enacted,  #c.,  That  the  several  claims  to  lands,  recommended  for 

lands^recom-  confirmation  in  the  report  of  the  register  of  the  land  office  at  Opelou- 
mended  for  con-  sas,  in  the  State  of  Louisiana,  dated  on  the  first  day  of  October,  one 
firmation  in  the  thousand  eight  hundred  and  twenty-five,  and  which  are  designated  in 
3!te?(rff the  land  that  rePort  bv  letter  A,  and  numbered  one,  two,  three,  four,  eight,  nine, 
office  at  Opelou-  ten,  eleven,  twelve,  thirteen,  fourteen,  fifteen,  seventeen,  eighteen,  nine- 
sas,  in  Louisi-  teen,  twenty,twenty-one, twenty- two,  twenty- three,  twenty-five,  twenty- 
ana,  of  Oct.  1,  six,  thirty-one,  thirty-two,  thirty-three,  thirty-four,  thirty-eight,  thirty- 
1825,  confirmed.  ni  fort  forty-two,  forty -three,  forty-four,  forty-five  forty-six,  forty 


LOUISIANA.  341 

seven,  forty-eight,  fifty- two,  fifty-three,  fifty-four,  fifty-five,  fifty-six, 
fifty- nine,  sixty,  sixty-one,  sixty- two,  sixty -three,  sixty-five,  sixty-six, 
sixty-Dine,  seventy,  seventy-five,  seventy-six,  seventy-seven,  seventy- 
eight,  seventy-nine, eighty,  eighty-two,  eighty- three,  eighty-seven,  and    Confirmation 
ninety,  be,  and  the  same  are  hereby,  confirmed  agreeably  to  the  said  to  operate  only 
report:  Provided,  That  this  confirmation  shall  operate  only  as  a  relin-n^ent  of4the 
quishment  of  the  claim  of  the  United  States  to  the  lands  hereby  con-ciaim8    of    the 
firmed.  United  States. 

No.  756.— AN  ACT  for  the  relief  of  John  Matthews.  May  20,  1826. 

"Be  it  enacted,  $-c.,  That  John  Matthews  be,  and  he  is  hereby,  authorized  — 
to  locate,  within  twelve  months  after  the  passing  of  this  act,  under  the    Authorized  to 
direction  of  the  register  and  receiver  for  the  western  district  of  L°U- tract  of  land  i 
isiana,  on  the  Bayou  Boeuf,  in  the  county  of  Opelousa?,  a  tract  of  land  Louisiana, 
equal  to  the  quantity  which  the  said  Matthews  lost,  by  a  decree  of  court, 
in  consequence  of  an  erroneous  location  made  and  approved  by  the  au- 
thority of  the  proper  officer :   Provided,  The  quantity  so  located  shall    Proviso, 
not  exceed  five  hundred  and  forty-two  arpens. 


No.  757.— AN  ACT  for  the  relief  of  John  H.  Mills.  May  20,  1826, 

Be  it  enacted,  fc.,  That  John  H.  Mills  be,  and  he  is  hereby,  confirmed    Yo1'  6)  p'  350> 
in  his  title  to  a  tract  of  land  of  one  hundred  and  ninety-five  arpens,     Confirmed    in 
'situated  on  Thompson's  creek,  in  the  parish  of  West  Feliciaua,  Louisiana,  his  title  to  land 
between  lands  owned  by  Moses  Samples  below,  and  Levi  Lush  above  ;m 
and  shall  be  entitled  to  patent  therefor,  upon  exhibiting  a  survey  of  the 
same  to  the  Commissioner  of  the  General  Land  Office  :  Provided,  how-    Proviso. 
ever.  That  this  act  be  construed  to  operate  merely  as  a  relin quishment 
of  title  on  the  part  of -the  United  States,  and  not  to  prejudice  the  rights 
of  any  third  person. 

No.  758.— AN  ACT  for  the  relief  of  Garrigues  Flaujac,  of  Louisiana.  May  20,  1826. 

Be  it  enacted,  #c.,  That  Garrigues  Flaujac,  of  the  county  of  Opelousas, 


in  the  State  of  Louisiana,  or  his  legal  representatives,  are  hereby  au-     Authorized  to 

thorized  and  empowered  to  locate  a  certain  tract  of  land,  derived  from  *oca*e  a  certain 

an  order  of  survey  in  favor  of  Louis  Berten  D'Antilly,  for  three  thou-  Louisiana 

eand  two  hundred  superficial  arpens  of  land,  being  forty  arpens  in 

front,  by  forty  arpens  in  depth,  on  both  sides  of  the  Bayou  Gross  Tate, 

in  Louisiana,  and  which  said  tract  of  laud  was  confirmed  by  au  act  of 

Congress,  dated  the  twenty-eighth  day  of  February,  one  thousand  eight 

hundred  and  twenty- three,  in  conformity  with  the  report  of  the  register 

and  receiver  of  the  eastern  land  district  of  Louisiana ;  the  said  tract  of 

land,  thus  confirmed,  having  been  surveyed  and  sold  by  the  United 

States ;  which  location  shall  be  made  upon  any  of  the  unappropriated 

public  lands  in  the  southwestern  district  of  Louisiana,  south  of  Red 

River :  Provided,  That  the  said  location  shall,  as  far  as  possible,  be  made    Proviso. 

in  one  body,  and  conform,  as  near  as  practicable,  to  the  lines  of  the 

public  surveys:  And  provided  also,  That  the  said  Garrigues  Flaujac,  or    Proviso. 

his  legal  representatives,  before    such  location,  shall  release  to  the 

United  States,  in  such  manner  as  the  Commissioner  of  the  General  Land 

Office  shall  direct,  all  his  right,  title,  claim,  and  interest,  in  the  land 

heretofore  confirmed  to  him,  on  the  said  Bayou  Gross  Tate ;  and  the 

said  release  and  location  shall  be  made  in  one  year  from  and  after  the 

passage  of  this  act.  (a) 

(a)  See  Nos.  805,  855. 


No.  759.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Louis  de     March  2,  1827. 
la  Hoassaye,  deceased.  Vol.  6,  p.  360. 


Be^it  enacted,  $c.,  That  the  heirs  and  legal  representatives  of  Louis  de  Confirmed  in 
la  Houssaye,  deceased,  be,  and  they  are  hereby,  confirmed  in  their  title  jjj^jj;  ti^6  *°  .a 
to  a  certain  tract  of  land  lin  in  the  State  of  Louisiana  one  leaue  in 


lying  in  the  State  of  Louisiana,  one  league      Louisiana 
length,  and  fronting  upon  each  side  of  the  Bayou  Cailloux,  and  of  the 
ordinary  depth  ;  and  that  the  Commissioner  of  the  General  Land  Office, 
upon  the  presentation  of  a  plat  and  certificate  of  survey  of  said  tract 


342  LOUISIANA. 


of  land,  executed  by  a  proper  officer,  issue  a  patent  for  the  same,  which 
tent  shall  operate  as  a  relinquishment  only  on  the  part  of  the  United 
tates.  (a) 

(a)  See  No.  877. 


S?. 


March  3,  1827.    No.  760. — AN  ACT  concerning  the  location  of  land  reserved  for  the  use  of  a  semi- 
Vol.  4,  p.  244.  nary  of  learning,  in  the  State  of  Louisiana. 


Secretary  of  Be  it  enacted,  $-c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is- 
the  Treasury  to  hereby,  authorized  to  locate  a  quantity  of  land,  not  exceeding  two  en- 
locate  a  certain  tire  townships,  reserved  by  the  eleventh  section  of  the  act  of  the  twen- 
fo™  seminaryof  ty-firet  April,  eighteen  hundred  and  six,  and  by  the  seventh  section  of 
learning.  the  act  of  the  third  of  March,  eighteen  hundred  and  eleven,  for  the  use 

of  a  seminary  of  learning  in  the  State  of  Louisiana,  on  any  of  the  pub- 
lic lands  in  said  State,  in  sections  corresponding  with  any  of  the  legal 
divisions  into  which  the  public  lands  are  authorized  to  be  surveyed. 
When  theloca-     SEC.  2.  And  be  it  further  enacted,  That,  so  soon  as  the  location  of  said 
tion  is  made,  the  lands  shall  be  made  as  aforesaid,  the  title   thereto  shall  be,  and  is 
v  ^te*!  *?  be  ^d  ^ere^y»  vested  in  the  State  of  Louisiana,  for  the  use  of  a  seminary  or 
11   seminaries  of  learning  therein,  as  the  legislature  of  said  State  may 
direct,  (a) 

(a)  See  Eos.  704,  708, 710. 

March  19,  1828.  No.  761.— AN  ACT  granting  the  right  of  preference  in  the  purchase  of  public  landsr 
Vol.  4,  p.  256.  to  certain  settlers  in  the  St.  Helena  land  district,  in  the  State  of  Louisiana. 


Every  person,  Be  it  enacted,  <$-c.,  That  every  person,  his  or  her  legal  representatives, 
&c.,  coinprisedin  comprised  in  the  list  of  actual  settlers  reported  to  the  Commissioner  of 
settle^  reSfd  tbe  General  Land  Office,  by  the  register  for  the  district  of  St.  Helena, 
to  the  'commis-  in  the  State  of  Louisiana,  under  the  authority  of.  the  act  of  Congress,, 
sionerof  the  Gen-  entitled  "An  act  for  adjusting  the  claims  to  land,  and  establishing  land 
eral  Land  Office  offices,  in  the  district  east  of  the  island  of  New  Orleans,"  approved  the 
March  ^d*  1819  *^r^  ^av  °^  March,  one  thousand  eight  hundred  and  nineteen,  or  who- 
shall  be  entitled  did  actually  inhabit  and  cultivate  a  tract  of  land  in  said  district  on  the 
to  the  right  of  third  day  of  March,  one  thousand  eight  hundred  and  nineteen,  not 
preference,  on  rightfully  claimed  by  any  other  person,  by  virtue  of  any  written  evi- 
pnrchaTer11  torn  dence  of  claim»  legaUy  derived  from  either  the  French,-  British,  or  Span- 
the  United  ish  Government,  or  granted  as  a  donation  by  virtue  of  any  act  of  Con- 
States,  of  such  gress  heretofore  passed,  shall  be  entitled  to  a  right  of  preference,  on 
tract  of  land.  becoming  the  purchaser,  from  the  United  States,  of  such  tract  of  land, 
at  the  same  price  for  which  other  public  lands  are  sold  at  private  sale : 
Proviso.  Provided,  That  such  tract  of  land  shall  not  contain  more  than  one  quar- 

ter-section, to  be  located  by  sectional  lines;  and  that  the  same  shall 
be  entered  with  the  register  of  the  land  office  in  said  district,  within 
two  years,  or  before,  if  the  same  shall  be  offered  at  public  sale,  (a) 

(a)  See  Nos.  704,  708,  710.  712,  720,  722,  729,  730,  731,  732,  768,  786,  813,  818,  849,  858,  860, 
897,  899,  919,  920,  928,  963. 


May  19,  1828.     No.  762.— AX  ACT  to  authorize  the  President  of  the  United  States  to  run  and 
VoL  4,  p.  276.  mark  a  line,  dividing  the  Territory  of  Arkansas  from  the  State  of  Louisiana. 


President     of     Be  it  enacted,  $c.,  That  the  President  of  the  United  States  of  America 
United  States  to  be,  and  he  is  hereby,  authorized,  in  conjunction  with  the  constituted 
cause  to  be  run,  authorities  of  the  State  of  Louisiana,  to  cause  to  be  run,  and  distinctly 
viding  the1Terri"  marked,  the  line  dividing  the  Territory  of  Arkansas  from  the  State  of 
tory  of  Arkansas,  Louisiana  ;  commencing  on  the  right  bank  of  the  Mississippi  Kiver,  at 
from  the  State  of  latitude  thirty- three  degrees  north,  and  running  due  west  on  that  par- 
Louisiana,  allel  of  latitude,  to  where  a  line  running  due  north  from  latitude  thir- 
ty-two degrees  north,  on  the  Sabiue  River,  will  intersect  the  same. 
Commissioner  And,  for  that  purpose,  he  is  hereby  authorized,  to  appoint  a  commis- 
to  be  appointed,  sioner,  or  surveyor,  or  both,  as  in  his  opinion  may  be  necessary  :  Pro- 
Proviso.  rided,  The  compensation  to  be  allowed    to  the  person  or  persons   so 
to  be  appointed  by  the  President  of  the  United  States,  shall  not  exceed 
in  amount  the  compensation  allowed  by  the  government  of  Louisiana 
to  the  person  or  persons  appointed,  on  its  part,  for  the  same  object. 

SEC.  2.  And  lc  it  further  enacted,  That  the  person  or  persons  so  to  be 
ted  to^mak^two'  appointed  by  the  President  of  the  United  States,  with  such  as  have 
fa  i  r  certified  been  or  shall  be  appointed  for  the  same  purpose,  on  tbe  part  of  the  State 


LOUISIANA.  343 

of  Louisiana,  after  they,  in  conjunction,  shall  have  run,  and  distinctly  drafts,  one  of 
marked  said  line,  shall  make  two  fair  drafts,  or  maps  thereof,  both  of  which  shall  be 
which  shall  be  certified  by  them,  and  one  of  which  shall  be  deposited  in  ge^JetarV  of 
the  office  of  the  Secretary  of  State  for  the  United  States,  and  the  other  state's  office,  and 
delivered  to  the  governor  of  Louisiana.  the  other  with 

SEC.  3.  And  be  it  further  enacted,  That,  for  the  purpose  of  carrying  this  ^euig^ea1'nor  of 
act  into  execution,  the  sum  of  one  thousand  dollars  be,  and  the  same    |l"0J0n  'appro. 
is  hereby,  appropriated,  to  be  paid  out  of  any  money  in  the  Treasury,  priated. 
not  otherwise  appropriated,  (a) 

(a)  See  Nos.  698,  699,  702,  707, 709, 714,  715. 


Ho.  r63.— AN  ACT  to  confirm  claims  to  lands  in  the  district  between  the  Eio     May  24,  1828. 
Hondo  and  Sabine  rivers,  founded  on  habitation  and  cultivation.  Vol.  6,  p.  382. 


Be  it  enacted,  cfc.,  That  the  claims  to  lands  founded  on  habitation  and     Claims  to  lands 
cultivation,  reported  for  confirmation  by.  the  register  and  receiver  of  reported  for  con- 
the  southwestern  district  of  Louisiana,  in  their  report,  dated  November  JeSster11  &c    of 
first,  eighteen  hundred  and  twenty-four,  in  conformity  to  the  provisions  the  southwestern 
of  the  acts  of  Congress,  of  the  third  of  March,  eighteen  hundred  and  district  of  Loui- 
twenty- three,  and  twenty- sixth  of  May,  eighteen  hundred  and  twenty-  81fai^'  in  ^JgS? 
four,  contained  in  the  third  class  of  the  report  of  said  register  and  re-  confirmed  except 
ceiver,  be,  and  the  same  are  hereby,  confirmed,  except  claim  number  claim  No.  42,  &c. 
forty-two,  near  Cantonment  Jesup,  and  the  claims  of  Leonard  Dyson, 
numbers  fourteen  and  eighteen  ;  Samuel  Norris,  numbers  ten  and  thir- 
teen ;  Baptiste  Poiret,  brother  and  sisters,  number  nineteen ;  Baptiste 
Poiret,  senior,  number  twenty;  Henry  Stockman,  number  thirty-one ; 

Peter  Stockman,  number  ;  Moses   Robison,  number  twenty-one; 

James  Pharis,  number  twenty-four ;  Cesare"  Wallace,  number  thirty- 
four  and  fifty -six  ;  John  Montgomery,  junior,  number  sixty-nine  j  and 
Emanuel  Trickel,  number  two  hundred  and  thirty-one ;  which  claims 
are  suspended  until  it  is  ascertained  whether  they  are  situated  within 
the  limits  of  the  lands  claimed  by  the  Caddoe  Indians. 

SEC.  2.  And  be  it  further  enacted,  That  the  confirmations  made  by  this  C  onfirmations 
act  shall  not  be  construed  to  extend  farther  than  to  a  relinquishment  of  }>y tnis  act  not  to 
title  on  the  part  of  the  United  States,  and  the  claims  hereby  confirmed  extend 8  further 
shall  be  located  under  the  direction  of  the  register  and  receiver  of  the  than  to  .1  relin- 
proper  laud  office,  in  conformity  with  the  legal  subdivisions  of  the  pub-  quishment  of  ti- 
lic  surveys,  so  far  as  practicable,  and  shall  include  the  improvements  of  *•*  °?  *be  Part  °^ 
the  claimants  respectively.  .  theUmted States. 

764.— AN  ACT  for  the  benefit  of  Elijah  L.  Clarke,  of  Louisiana,  and  of  the     Feb.  27,  1830. 
heirs  and  legal  representatives  of  Lewis  Clarke,  deceased.  Vol.  6,  p.  406. 


Be  it  enacted,  <f-c.,  That  Elijah  L.  Clarke,  of  the  State  of  Louisiana,     E.  L   Clarke's 
be,  and  he  is  hereby,  confirmed  in  his  claim,  to  a  tract  of  land  contain-  claim  for  a  cer- 
ing  seven  hundred  and  thirty-three  acres,  to  the  extent  of  one  mile  tain  tract  of  land 
square  thereof,  situated  on  the  Lake  St.  Joseph,  in  the  county  of  Con-  co 
cordia,  and  State  of  Louisiana,  adjoining  the  claim  of  one  Durosset,  on 
the  south,  being  claim  number  sixty-eight,  as  entered  for  confirmation 
with  the  register  of  the  Land  Office,  north  of  Red  River,  in  said  State, 
by  the  said  Elijah  L.  Clajke. 

SEC.  2.  And  be  it  further  enacted,  That  the  heirs  and  legal  representa-    Heirs  of  Lewis 
tives  of  Lewis  Clarke,  deceased,  be,  and  they  are  hereby,  confirmed  in  p^ke  confirmed 
their  title  to  a  tract  of  land  containing  six  hundred  and  forty  acres,  J-ertain"  tratt  of 
situated  on  the  Lake  St.  Joseph,  in  the  county  of  Concordia,  and  State  Of  land, 
of  Louisiana,  adjoining  the  claim  of  Durosset,  on  the  north,  being  claim 
number  sixty-nine,  as  entered  for  confirmation  with  the  register  of  the 
land  office,  north  of  Red  River,  in  said  State,  by  said  Lewis  Clarke. 
SEC.  3.  And  be  it  further  enacted,  That  the  Commissioner  of  the  General     Patents  to  is- 
ad  Office  shall,  upon  being  presented  with  plats  and  certificates  of  8U 
vey  of  the  said  tracts  of  land,  legally  executed  by  a  proper  officer, 
ue  patents  for  the  same,  which  patents  shall  operate  only  as  a  relin - 
uishment   on  the  part  of    the  United    States  :  Provided  nevertheless,    Proviso, 
"hat  if,  prior  to  the  passage  of  this  act,  the  land  above  specified  shall 
lave  been  sold  by  the  United  States  to  any  other  person  or  persons,  the 
ame  shall  not  be  confirmed  to  the  said  Elijah  L.  Clarke,  and  the  heirs 
and  legal  representatives  of  Lewis  Clarke,  but  they  shall,  respectively, 
be  at  liberty  to  enter  any  other  land,  now  subject  to  entry,  within  the 


344  LOUISIANA. 

same  district,  equal  in  quantity  to  that  above  mentioned  ;  and  a  patent 
Proviso.  shall  issue  therefor,  under  the  restrictions  above  recited  :  And  provided 

also,  That,  should  a  part  only  of  the  said  land  have  been  sold,  the  said 
Elijah  L.  Clarke,  and  the  heirs  'and  legal  representatives  of  Lewis 
Clarke,  shall  have  liberty  to  take  such  parts  of  the  said  laud  as  shall 
not  have  been  sold,  in  part  satisfaction  of  their  claims  respectively,  and 
to  enter  elsewere,  within  the  said  district,  so  much  other  land,  as  shall 
be  equal  to  the  part  sold ;  or  the  said  Elijah,  and  the  said  heirs  and  legal 
representatives,  may,  respectively,  relinquish  to  the  United  States  all 
claim  to  the  said  land  so  remaining  unsold,  and  enter  elsewhere,  with- 
in the  said  district,  the  quantity  of  land  (now  subject  to  entry)  equal 
to  their  whole  claims  respectively. 


March  23, 1830.  No.  765. AN  ACT  for  the  relief  of  Antoine  Prudhomme,  Louis  Closeau,  and 

VoL  6,  p.  407.  Gilbert  Closeau,  of  Louisiana. 


Claim  for  a  Be  it  enacted,  $c.,  That  the  claim  of  Antoine  Prudhomme,  for  six  hun- 
tract  of  land  con-  areci  ana  forty  acres  of  land,  situated  on  the  right  bank  of  the  Rigolet 
de  Bon  Dieu,  in  the  parish  of  Natchitoches,  and  opposite  to  the  place 
called  Petitte  Ecore ;  as,  also,  the  claim  of  Louis  Closeau,  to  six  hun- 
dred and  forty  arpents  of  lands,  situated  on  the  right  bank  of  Red 
River;  and  the  claim  of  Gilbert  Closeau,  to  four  hundred  arpents  of 
land,  situated  on  the  same  side  of  said  river,  and  bounded  above  by 
the  claim  of  Louis  Closeau,  be,  and  the  same  are  hereby,  confirmed ; 
and  the  Commissioner  of  the  General  Land  Office  is  hereby  required, 
upon  the  presentation  of  plats  and  surveys  of  the  said  several  tracts  of 
land,  regularly  made,  by  competent  authority,  to  issue  patents  to  the 
said  respective  claimants,  for  the  lands  hereby  confirmed  to  each:  Pro- 
vided, That  this  act  shall  amount  only  to  a  relinquishment  on  the  part 
Proviso.  of  tne  United  States  ;  and  shall  in  no  manner  affect  the  rights  of  third 

persons. 


March  23,  1830.  No.  766. — AN  ACT  for  the  relief  of  the  heirs  of  John  Pierre  Landerneau,  de- 
Vol.  6,  p.  408.    '  ceased. 


Land  patent  to  B*  **  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office, 
he  issued  to  them,  upon  application,  cause  a  patent  to  be  issued  to  the  heirs  of  John 
Pierre  Landerneau,  deceased,  for  four  hundred  arpents  of  land,  situated 
in  the  parish  of  Ouachita,  in  the  State  of  Louisiana,  according  to  the 
boundaries  of  a  plat  thereof,  made  for  the  said  John  Pierre  Lander- 
neau, on  the  twenty- third  day  of  October,  eighteen  hundred  and  two, 

Proviso.  1>.Y  James  McLaughlin,  formerly  a  Spanish  surveyor,  in  the  said  parish 

of  Ouachita  :  Provided,  That  this  act  shall  not  prejudice,  or  in  any  way 
affect,  the  rights  of  any  third  person. 


March  23,  1830.  No.  767.— AN  ACT  for  the  relief  of  Hyacinth  Bernard. 

Be  it  enacted,  $c.,  That  Hyacinth  Bernard  be,  and  he  is  hereby,  con- 


Claim  to  land  firmed  in  his  claim  to  thirty- three  arpents  of  land,  by  forty  arpents  in 
confirmed,  depth,  on  both  sides  of  the  Bayou  Teche,  in  the  State  of  Louisiana,  to  be 

surveyed  and  taken  according  to  the  plot  of  survey  made  by  James  L. 
Johnson,  on  the  twenty-first  of  November,  one  thousand  eight  hundred 
and  twenty-three,  and  as  recommended  for  confirmation  by  the  Corn- 
Proviso,  missioner  of  the  Land  Office,  to  whom  it  was  presented  :  Prodded,  That 
this  act  shall  only  be  construed  to  a  relinquishment  on  the  part  of  the 
United  States,  and  shall  not  interfere  with  the  rights  of  third  persons. 


May  5,  1830.  No.  768.— AN  ACT  to  authorize  the  registers  of  the  several  land  offices  in  Louis- 
Vol.  4,  p.  398.  iana,  to  receive  en  trie*  of  lands  in  certain  cases,  and  give  to  the  purchasers  thereof 
certificates  for  the  same. 


Certain  pur-  ge  jt  cnactcd,  #c.,  That  in  all  cases  where  persons  have  purchased 
in  Louisiana  au-  lands  of  the  United  States  within  the  State  of  Louisiana,  and  have 
thorizedto  enter  paid  in  full  therefor,  and  who  have  failed  or  omitted  to  enter  the  same, 
them.  the  register  of  the  land  office  of  the  district  in  which  the  laud  was  pur- 


LOUISIANA.  345 

chased  shall,  on  presentation  of  the  original  receipt  of  the  receiver  of 

said  district  by  the  original  purchaser  or  purchasers  of  the  land,  his, 

her,  or  their  heirs,  cause  an  entry  thereof  to  be  made,  and  give  to  him, 

her,  or  them  a-  certificate  for  the  same,  specifying  the  time  when  the 

land  was  purchased,  upon  which  a  patent  shall  be  issued  as  in  other 

cases :  Provided,  however,  That  if,  in  the  intermediate  time  between  the    Proviso :    this 

purchase  and  presentation  of  the  said  receipt,  any  of  the  said  lands  g|    f*6  {f^'s 

shall  have  been  paid  for  and  entered  by  any  other  person  or  persons,  which  have  not 

ignorant  of  the  former  purchase,  the  said  register  shall  not  enter  the  been  paid  forand 

same  lands,  but  may  permit  the  party  to  enter  other  lands  in  lieu  there-  entered  by   any 

of,  of  equal  quantity,  within  the  same  district,  which  may  be  subject  otl  >ns,&c. 

to  entry,  and  shall  give  him,  her,  or  them  a  certificate  therefor,  upon 

which  a  patent  shall  issue  as  in  other  cases,  (a) 

(a)  See  Nos.  704,  708,  710,  720,  722,  729,  730,"  731,  732,  761,  786,  813,  818,  849,  858,  860,  897, 
899,  919,  920,  928,  963. 

No.  769.— AN  ACT  for  the  relief  of  the  heirs  of  Baptiste  Le  Gendre.  May  28,  1830. 

Be  it  enacted,  fa,  That  the  heirs  of  Baptiste  Le  Gendre  be,  and  they    VoL6>P-42! 


are  hereby,  confirmed  in  their  claim  to  six  arpents  of  land  in  front,  by     Land    claim 
forty  in  depth,  situated  on  the  river  Mississippi,  in  the  parish  of  West  confirmed. 
Baton  Kouge,  and  bounded  above  by  lands  of  Jean  Baptiste  Tuillier,  and 
below  by  land  oil  von  Le  Gendre;  and  the  Commissioner  of  the  General 
Land  Office,  upon  being  presented  with  a  plat  and  survey  of  the  said 
land,  regularly  made  by  competent  authority,  shall  issue  to  the  peti- 
tioners a,  patent  therefor :  Provided,  That  this  act  shall  amount  only     Proviso, 
to  a  relioq  irishmen  t  on  the  part  of  the  United  States,  and  shall,  in  no 
manner,  affect  ihe  rights  of  third  persons,  or  claims  derived  from  the 
United  States  by  donation  or  purchase. 


No.  770.— AN  ACT  for  the  relief  Francois  Isidore  Tuillier.  May  28,  1830. 

Be  it  enacted,  $-c.,  That  Francois  Isidore  Tuillier  be,   and  he  is  here- 


by,  confirmed  in  his  claim  to  a  tract  of  land  of  six  arpents  in  front,  Land 
by  forty  in  depth,  situated  on  the  river  Mississippi,  in  the  parish  of  fiw"n»- 
West  Baton  Rouge,  and  S^ate  of  Louisiana,  bounded  above  by  lands  of 
Joseph  Grand,  arid  below  by  lands  of  J.  Charles  Tuillier,  and  contain- 
ing two  hundred  and  forty  superficial  arpents,  equal  to  two  hundred 
and  two  acres  and  forty-two  one-hundredths ;  and  that  the  Commis- 
sioner of  the  General  Land  Office,  upon  the  presentation  of  a  plat  and 
survey  of  the  same,  regularly  made  by  competent  authority,  shall  issue 
a  patent  therefor,  to  the  said  Frangois  Isidore  Tuillier:  Provided,  That  Proviso. 
this  act  shall  amount  only  to  a  relinquishment  on  the  part  of  the  United 
States,  and  shall  not  affect,  in'  any  manner,  the  rights  of  third  persons, 
r  claims  derived  from  the  United  States  by  donation  or  purchase. 


No.  771.— AN  ACT  for  the  relief  of  the  heirs  of  Jean  Marie  Trahaud,  deceased.         May  28,  1830. 

Vol.  6,  p.  431. 
'    it  enacted,  #c.,  That  the  heirs  of  Jean  Marie  Trahaud,  deceased, 


U\  and  they  are  hereby,  confirmed  in  their  claim  to  six  arpents  front  L<Jnd  claim 
by  forty  in  depth,  on  the  river  Mississippi,  in  the  parish  of  West  Baton 
E(;uge,  bounded  above  by  Joseph  Tuillier,  and  below  by  lands  of  Bap- 
tiste Guedry.  The  same  to  be  located  agreeably  to  a  plat  of  survey 
made  by  Ephraim  Davidson,  by  order  o!  the  surveyor  of  the  lands  of 
the  United  States,  on  the  ninth  day  of  March,  one  thousand  eight  hun- 
dred and  six  ;  and  the  Commissioner  of  the  General  Land  Office,  upon 
a  return  of«a  survey  of  the  same  as  aforesaid,  duly  executed  by  compe- 
tent authority,  shall  issue  a  patent  therefor :  Provided,  That  this  act  Proviso, 
shall  only  amount  to  a  relinquishment  of  the  right  of  the  United  States, 
and  shall,  in  no  manner,  affect  the  rights  of  third  persons,  or  claims  de- 
rived from  the  United  States  by  purchase  or  donation. 


346  LOUISIANA. 

May  28,  1830.  No.  772.— AN  ACT  for  the  relief  of  Alexander  Fridge. 

Be  it  enacted,  #c.,  That  Alexander  Fridge  be,  and  he  is  hereby,  con- 


Land  claim  firmed  in  his  claim  to  six  hundred' and  forty  acres  of  land,  on  which  he 
now  resides,  in  the  parish  of  East  Baton  Rouge,  in  the  State  of  Louis- 
iana, as  a  donation  ;  and  the  Commissioner  of  the  General  Land  Office, 
upon  the  presentation  of  a  plat  and  survey  of  said  land,  regularly  made 

Proviso.  by  competent  authority,  shall  issue  a  patent  therefor  :  Provided,  That 

this  act  shall  amount  only  to  a  relinquishment  on  the  part  of  the  United 
States,  and  shall,  in  no  manner,  affect  the  rights  of  third  persons,  or 
any  claim  derived  from  the  United  States,  either  by  donation  or  pur- 
chase. 

May  28, 1830.  No.  773.— AN  ACT  for  the  relief  of  the  heirs  of  John  Tuillier,  deceased. 

6,  p.  432.  .c^  That  tlie  heirs  of  john  Tuillier,  deceased,  be,  and 


Land  claim  they  are  hereby  confirmed  in  their  claim  to  a  tract  of  land  situated  on 
the  west  bank  of  the  river  Mississippi,  in  the  parish  of  West  Baton 
Rouge,  containing  six  arpents  in  front  by  forty  in  depth,  and  bounded 
above  by  lands  of  Francois  I.  Tuillier,  and  below  by  lands  of  Joseph 
Trahan ;  said  tract  of  land  to  be  located  according  to  a  plat  of  survey 
made  by  Ephraim  Davidson,  on  the  sixth  day  of  March,  one  thousand 
eight  hundred  and  six ;  and  the  Commissioner  of  the  General  Land 
Office  is  hereby  required,  npon  the  presentation  and  return  of  a  survey 
of  said  land,  so  made  by  competent  authority,  to  issue  a  patent  there- 
Proviso,  for  :  Provided,  That  this  act  shall  amount  only  to  a  relinquishment  on 
the  part  of  the  United  States,  and  shall,  in  no  manner,  affect  the  rights 
of  third  persons,  or  claims  derived  from  the  United  States  by  purchase 
or  donation. 


May  28,  1830.      No.  774.— AX  ACT  to  authorize  the  register  and  receiver  of  the  St.  Helena  land 
Vol.  4,  p.  413.  district,  in  Louisiana,  to  receive  evidence,  and  report  upon  certain  claims  to  land 

mentioned  therein. 


Certain  claims 

to  be  examined.  Be  it  enacted,  <$-c.,  That  the  register  and  receiver  of  the  St.  Helena  land 
district,  in  the  State  of  Louisiana,  are  hereby  authorized  and  required 
to  receive  evidence  in  support  of  the  claim  of  John  McDonogh  to  a 
tract  of  land  on  the  Mississippi  River,  bo.unded  above  by  the  land  of 
John  de  Bellevire,  and  below  by  lands  of  Madame  A.  Duplantier,  and 
said  to  contain  about  fourteen  arpens  in  front :  also,  one  other  tract  of 
land,  situated  on  the  river  Amite,  alleged  to  have  been  originally-granted 
to  Domingo  Assaretto  by  Governor  Miro,  on  the  eighteenth  February, 
one  thousand  seven  hundred  and  eighty-eight,  containing  thirty  arpens 
in  front,  by  forty  in  depth,  under  whom  the  said  McDonogh  claims 
title,  (a) 
Duty  of  regiB-  SEC.  2.  And  be  it  further  enacted,  That  the  said  register  and  receiver 

ter  and  receiver.  g^all  have  the  same  powers,  and  perform  the  same  duties,  in  relation  to 
the  said  two  claims  as  was  authorized  and  required  of  them  by  the  act 
of  the  third  of  March,  one  thousand  eight  hundred  and  nineteen  ;  and 
shall  report  to  the  Commissioner  of  the  General  Land  Office  an  abstract 
of  the  evidence  furnished  in  each  case,  together  with  their  opinion  there- 
on, that  the  same  may  be  laid  before  Congress  at  the  commencement  of 
their  next  session, 
(a)  See  Nos.  779,  948. 

May  29, 1830.     Wo«  773.— AN  ACT  for  the  relief  *>f  Jeremiah  Walker,  of  the  State  of  Louisiana. 
Vol.  6,  p.  439.        Be  {t  maci^  fCi  Tbat  jeremiah  Walker  be,  and  he  is  hereby,  con- 
Land  title  con-  firmed  in  his  title  to  a  certain  tract  of  land,  situate  in  the  parish  of  East 
firmed.  Feliciana,  and  State  of  Louisiana,  lying  on  the  Lost  Fork  of  Thompson's 

Creek ;  it  being  the  place  first  settled  by  Thomas  Smith,  and  transferred 
by  him  to  Sullivan,  by  Sullivan  to  White,  and  by  White  to  the  said 
Proviso.  Walker;  containing  not  more  than  six  hundred  and  forty  acres:  Pro- 

vided, That  this  confirmation  shall  only  operate  as  a  relinquishment  on 
the  part  of  the  United  States  only. 


LOUISIANA.  047 

March  2,  1831. 
Vol.  6,  p.  459. 

Be  it  enacted,  $c.}  That  the  legal  representatives  of  Stephen  Tippett    May  enter  a 
be,  and  they  are  hereby,  authorized  to  locate  and  enter  a  tract  of  land  tract  of  land, 
of  fifteen  arpens  front,  by  the  ordinary  depth  of  forty  arpens,  within 
the  counties  of  Attakapas  and  Opelousas,  in  the  State  of  Louisiana, 
under  a  grant  of  Baron  de  Carondelet  of  the  twenty -first  of  September, 
one  thousand  seven  hundred  and  ninety-six,    Provided,  however,  That  the    Proviso, 
location  authorized  to  be  made  under  this  act  shall  not  be  made  so  as  to 
interfere  with  the  claims  of  others. 


No.  777.— A~N  ACT  to  create  the  office  of  surveyor  of  the  public  lands  for  the  State     March  3. 1831. 

of  Louisiana.  Vol.  4,  p.  492. 


Be  it  enacted,  $c.,  That  a  surveyor-general  for  the  State  of  Louisiana  Surveyor-gen- 
shall  be  appointed,  who  shall  have  the  same  authority,  and  perform  eral  created, 
the  same  duties,  respecting  the  public  lands  and  private  land  claims  in 
the  State  of  Louisiana,  as  are  now  vested  in,  and  required  of  the  sur- 
veyor of  the  lands  of  the  United  States,  south  of  the  State  of  Tennessee, 
or  the  principal  deputy  surveyors  in  the  said  State;  and  that  from  and 
after  the  first  day  of  May  next,  the  office  of  principal  deputy  surveyors, 
as  created  by  the  ninth  section  of  the  act  of  Congress  of  the  twenty- 
first  day  of  April,  eighteen  hundred  and  six,  entitled  "An  act  supple- 
mentary to  an  act,  entitled  'An  act  for  ascertaining  and  adjusting  the 
titles  and  claims  to  lands  within  the  Territory  of  Orleans  and  District 
of  Louisiana,' ;'  be,  and  the  same  are  hereby,  abolished  ;  and  it  shall  be 
the  duty  of  said  principal  deputy  surveyors  to  surrender  to  the  surveyor- 
general  of  Louisiana,  or  to  such  person  or  persons  as  he  may  appoint  to 
receive  the  same,  all  the  maps,  books,  records,  field-notes,  documents 
and  articles  of  every  description,  appertaining  or  in  anywise  belonging 
to  their  offices  respectively. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  principal  deputy  surveyor  Disposition  of 
for  the  district  east  of  the  island  of  New  Orleans  be,  and  he  hereby  is,  certain  docu- 
required  to  separate  and  arrange  the  papers  in  his  office;  and  all  thement8< 
maps,  records,  papers  and  documents  of  every  description  which  refer 
to  lands  in  the  State  of  Louisiana,  shall  be  delivered  to  the  order  of  the 
surveyor-general  for  that  State:  and  such  of  them  as  refer  to  lands  in 
the  State  of  Alabama  shall  be  delivered  to  the  surveyor  for  the  State  of 
Alabama;  and  such  of  them  as  refer  to  lands  in  the  State  of  Mississippi, 
together  with  such  maps,  papers,  records  and  documents  in  the  office  of 
said  principal  deputy  surveyor,  as  are  not  hereby  required  to  be  de- 
livered to  the  surveyor-general  of  the  State  of  Louisiana,  or  to  the  sur- 
veyor for  the  State  of  Alabama,  shall  be  delivered  to  the  order  of  the 
surveyor  of  the  lands  of  the  United  States  south  of  the  State  of  Ten- 
nessee ;  and  the  office  of  said  principal  deputy  shall  be,  and  the  same  is 
hereby,  abolished  from  and  after  the  first  day  of  May  next ;  and  the 
powers  and  duties  now  exercised  and  performed  by  the  said  principal 
deputy  surveyor  shall  be  vested  in  and  performed  by  the  aforesaid  sur- 
veyors, within  their  respective  States. 

SEC.  3.  And  le  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur-     other  docu- 
veyor  south  of  the  State  of  Tennessee  to  deliver  to  the  surveyor-gen-  ments. 
eral  of  the  State  of  Louisiana  all  the  maps,  papers,  records  and  doc- 
uments relating  to  the  public  lands,  and  private  claims  in  Louisiana, 
which  may  be  in  his  office ;  and  in  every  case  where  it  shall  be  imprac- 
ticable to  make  a  separation  of  such  maps,  papers,  records  and  docu- 
ments, without  injury  to  the  portion  of  them  relating  to  lands  in  Mis- 
sissippi, it  shall  be  his  duty  to  cause  copies  thereof  certified  by  him  to 
be  furnished  to  the  surveyor-general  of  Louisiana,  and  which  copies 
shall  be  of  the  same  validity  as  the  originals. 

SEC.  4.  And  be  it  further  enacted,  That  the  surveyor-general  of  Louisi-     Deputysurvey- 
ana  shall  appoint  a  sufficient  number  of  skilful  and  experienced  sur-  ors    to    be    ap- 
veyors  as  his  deputies,  who,  with  one  or  more  good  and  sufficient  sure-  Pomted- 
ties  to  be  approved  by  said  surveyor-general,  shall  enter  into  bond  for 
the  faithful  performance  of  all  surveying  contracts  confided  to  them 
in  the  penalty  of  double  the  amount  of  money  accruing  under  the  said 
contracts  at  the  rate  per  mile  stipulated  to  be  paid  therein,  and  who, 
before  entering  on  the  performance  of  their  duties,  shall  take  an  oath, 
or  make  affirmation,  truly,  faithfully,  and  impartially,  to  the  utUK.st  of 
their  skill  and  ability,  to  execute  the  trust  confided  to  them ;  and  in 


348  LOUISIANA. 

the  event  of  the  failure  of  a  deputy  to  comply  with  the  terms  of  his 
contract,  unless  such  failure  shall  be  satisfactorily  shown  by  him  to  have 
arisen  from  causes  beyond  his  control,  he  shall  forfeit  the*  penalty  of 
his  bond  on  due  process  of  law,  and'ever  afterwards  be  debarred  from 
receiving  a  contract  for  surveying  public  lands  in  Louisiana  or  else- 
where. 

Location  of     SEC.  5.  And  l>e  it  further  enacted,  That  the  surveyor-general  to  be  ap- 
office  of  survey-  pointed  in  pursuance  of  this  act  shall  establish  his  office  at  such  place  as 
the  President  of  the  United  States  may  deem  most  expedient  for  the 
Salary,  &c.       public  service ;  and  that  he  shall  be  allowed  an  annual  salary  of  two 
thousand  dollars,  and  that  he  be  authorized  to  employ  one  skilful 
draughtsman  and  recording  clerk  whose  aggregate  compensation  shall 
not  exceed  one  thousand  five  hundred  dollars  per  annum ;  and  that  the 
fees  heretofore  authorized  by  law  for  examining  and  recording  surveys 
be,  and  the  same  are  hereby,  abolished  ;  and  any  copy  of  a  plat  of  sur- 
vey, or  transcript  from  the  records  of  the  office  of  the  said  surveyor- 
general,  shall  be  admitted  as  evidence  in  any  of  the  courts  of  the  United 
States  or  Territories  thereof ;  and  for  every  copy  of  a  plat  of  survey, 
there  shall  be  paid  twenty-five  cents,  and  for  any  transcript  from  the 
records  of  said  office,  there  shall  be  paid  at  the  rate  of  twenty-five  cents 
for  every  hundred  words  by  the  individuals  requiring  the  same,  (a) 
Settlement    of     SEC.  6.  And  le  it  further  enacted,  That  in  relation  to  all  such  confirmed 
conflicting  claims  as  may  conflict,  or  in  any  manner  interfere  with  each  other,  the 
claims.  register  of  the  land  office  and  receiver  of  public  moneys  for  the  proper 

land  district,  are  hereby  authorized  to  decide  between  the  parties,  and 
shall  in  their  decision  be  governed  by  such  conditional  lines  or  bound- 
aries as  have  been  or  may  be  agreed  upon  between  the  parties  interested, 
either  verbally  or  in  writing;  and  in  case  no  lines  or  boundaries  be 
agreed  upon  between  tho  parties  interested,  then  the  said  register  and 
receiver  are  hereby  authorized  to  decide  between  the  parties  in  such 
manner  as  may  be  consistent  with  the  principles  of  justice ;  and  it  shall 
be  the  duty  of  the  surveyor-general  of  the  said  State  to  have  those  claims 
surveyed  and  platted  in  accordance  with  the  decisions  of  the  register 
Proviso.  and  receiver:  I'rorided,  That  the  said  decisions  and  surveys,  and  the 

patents  which  may  be  issued  in  conformity  thereto,  shall  not  in  any  wise 
be  considered  as  precluding  a  legal  investigation  and  decision  by  the 
proper  judicial  tribunal  between  the  parties  to  any  such  interfering 
claims,  but  shall  only  operate  as  a  relinquishment  on  the  part  of  the 
United  States  of  all  title  to  the  land  in  question,  (b) 

******* 

(a)  See  Xos.  701,  703,  704,  708,  710,  718, 722,  724,  727,  730,  731,  803,  858. 

(6)  See  Xos.  699,  701,  703,  704,  705.  708,  710,  712,  716,  718,  721,  722,  723, 724,  728,  731,  732,  737, 

738,  739,  740,  745,  746,  749,  752,  753,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899, 904, 

911,946,956,957,961,967. 


March  15, 1832.     No.  778.— AN  ACT  for  the  relief  of  Bernard  Marigny,  of  the  State  of  Louisiana. 
Vol.  6,  p.  480.         gf  n  enacted,  #c.,  That  Bernard  Marigny,  as  assignee  of  Antonio  Bon- 
Land  claim  of  nabel,  be,  and  is  hereby,  confirmed  in  his  claim  to  a  tract  of  laud  of  four 
4,020  arpente  con-  thousand  and  twenty  superficial  arpents,  situate  in  the  State  of  Louis- 
firmed,  iana,  and  parish  of  St.  Tammany,  bounded  on  the  southwest  by  Lake 
Pontchartrain,  and  on  the  northwest  by  lands  formerly  owned  by  the 
heirs  of  Lewis  Davis ;  the  tract  confirmed  by  this  section  being  the  same 
which  was  surveyed  for  Antonio  Bonnabel,  by  Carlos  Trudeau,  on  the 
fifteenth  January,  one  thousand  seven  hundred  and  ninety-nine,  and 
granted  to  said  Bonnabel  on  the  twenty-fifth  January,  one  thousand 
seven  hundred  and  ninety-nine,  by  Manuel  Gayoso  de  Lemos,  governor- 
general  of  the  provinces  of  Louisiana  and  West  Florida  ;  and  for  which 
a  claim  was  filed  in  the  name  of  said  Bonnabel,  in  the  land  office  at  St. 
Helena  Courthouse,  under  the  act  of  Congress  of  twenty-fifth  April, 
one  thousand  eight  hundred  and  twelve. 

Claim  of  774  SEC.  2.  And  ~be  it  further  enacted,  That  Bernard  Marigny  be,  and  is 
arpents  also  con-  hereby,  confiimed  in  his  claim  to  a  tract  of  land  of  seven  hundred  and 
"rme"<  seventy-four  superficial  arpents,  situate  in  the  State  of  Louisiana  and 

parish  of  St.  Tammany,  bounded  on  the  southwest  by  Lake  Pontchar- 
train, on  the  northern  side  by  Castin  Bayou,  and  on  the  southern  side 
by  the  lands  confirmed  in  the  first  section  of  this  act;  the  said  tract  of 
seven  hundred  and  seventy-four  arpents  being  the  same  which  was 
granted  on  the  twentieth  January,  one  thousand  seven  hundred  and 
seventy-seven,  by  Peter  Chester,  British  governor  at  Pensacola,  to  Lewis 


LOUISIANA. 


349 


Davis,  whose  title  to  the  same  was  afterwards,  to  wit,  on  the  eleventh 
June,  one  thousand  seven  hundred  and  eighty-eight,  confirmed  by  de- 
cree of  Estevan  Miro,  Spanish  governor  of  the  provinces  of  Florida  and 
Louisiana,  and  for  which  a  claim  was  filed  in  the  name  of  the  heirs  of 
Lewis  Davis,  in  the  land  office  at  St.  Helena  Courthouse,  under  the  act 
of  Congress  of  the  twenty-fifth  April,  one  thousand  eight  hundred  and 
twelve :  Provided,  That  the  said  two  tracts  of  land  shall  be  considered 
as  confirmed,  in  the  same  manner,  and  under  the  same  regulations,  re- 
strictions, and  provisions,  as  if  the  same  had  been  recommended  for  con- 
firmation in  the  reports  of  the  commissioner  for  the  district  west  of 
Pearl  River,  and  east  of  the  island  of  New  Orleans,  which  were  con- 
firmed by  the  act  of  Congress,  approved  on  the  third  day  of  March,  one 
thousand  eight  hundred  and  nineteen,  entitled  "An  act  for  adjusting 
the  claims  to  land,  and  establishing  land  offices  in  the  districts  east  of 
the  island  of  New  Orleans :"  Provided,  also,  That  the  claim  of  Anton  ioBon- 
nabel,  embraced  in  the  said  commissioner's  reports,  as  of  four  hundred 
arpents,  shall  be  considered  as  comprised  in,  and  forming  part  of  the 
tract  of  four  thousand  and  twenty  arpents,  confirmed  in  the  first  section 
of  this  act. 


Proviso. 


Proviso. 


March  22, 1832, 
Vol.  6,  p.  482. 


No.  779.— AN  ACT  for  the  relief  of  John  McDonough. 

Be  it  enacted,  $*c.,  That  the  claim  of  John  McDonough  be,  and  is  hereby, 
confirmed  to  four  tracts  of  land  embraced  in  the  report  of  the  register  Land  claim 
and  receiver  of  the  land  office  at  St.  Helena  Courthouse,  in  the  district  confirmed, 
west  of  Pearl  River,  in  Louisiana,  of  the  fourth  December,  one  thousand 
eight  hundred  and  thirty,  namely :  one  tract  of  four  hundred  arpens, 
claimed  under  a  Spanish  patent  to  David  Williams,  dated  eighth  April, 
one  thousand  seven  hundred  and  eighty-nine ;  one  tract  of  two  hundred 
and  forty  arpens,  claimed  under  a  Spanish  patent  to  Guillemo  Williams, 
dated  eighth  April,  one  thousand  seven  hundred  and  eighty-nine;  one 
tract  of  three  hundred  and  eighty-eight  arpens,  claimed  under  a  Spanish 
patent  to  William  Estevan,  dated  eighteenth  December,  one  thousand 
seven  hundred  and  eighty-seven  ;  and  one  tract  of  twelve  hundred 
arpens,  claimed  under  a  Spanish  patent  to  Domingo  Assaretto,  dated 
eighteenth  February,  one  thousand  seven  hundred  and  eighty-eight, 
and  all  situate  in  the  parish  of  East  Baton  Rouge  :  Provided,  That  this  Proviso, 
act  shall  only  extend  to  a  relinquishment  of  title  on  the  part  of  the 
United  States,  and  shall  not  prejudice  the  rights  of  third  persons,  (a) 

(a)  See  Nos.  774,  948. 


No.  780.—  AN  ACT  for  the  relief  of  Prosper  Marigny.  May  19,  1832. 

Be  it  enacted,  #c.,  That  the  claim  of  Prosper  Marigny  be,  and  the  same     Vof-  6'  p'  488' 
is  hereby,  confirmed  to  a  tract  of  land  on  which  he  now  resides,  situated     Land  claim 
on  the  river  Mississippi,  bounded  above  by  lands  of  the  widow  Bien-  confirmed. 
venu,  and  extending  back  to  the  river  Des  Ouatchas,  and  containing  two 
thousand  one  hundred  and  thirty-  nine  French  arpens;  which  tract  of 
land  the  said  claimant  holds  by  sundry  mesne  conveyances  from  Gov- 
ernor de  Bienville,  to  whom  it  was  granted  by  the  Company  of  the  In- 
dias  :  Provided,  That  this  act  shall  extend  only  to  a  relinquishment  of    Proviso. 
title  on  the  part  of  the  United  States,  and  shall  not  prejudice  the  rights 
of  third  persons. 


May  19,  1832. 
Vol.  6,  p.  488. 


No.  781.—  AN  ACT  for  the  relief  of  Arnaud  Lanaux. 

Be  it  enacted,  fo.,  That  the  title  of  Arnaud  Lanaux  be  confirmed,  in  _ 
and  to  a  certain  tract  of  land  lying  and  being  in  the  State  of  Louisiana,     Land  title  con- 
on  the  left  bank  of  the  Mississippi,  about  six  leagues  below  the  city  of  firmed. 
New  Orleans,  at  a  place  called  the  English  Turn,  containing  eight  arpents 
front  and  forty  arpents  in  depth,  according  to  the  survey  made  by  B. 
Lafon,  on  the  twenty-first  of  January,  eighteen  hundred  and  five,  and 
which  is  recognised  in  a  patent  from  the  French  Government,  bearing 
date  the  fifth  of  March,  one  thousand  seven  hundred  and  sixty-four, 
and  which  is  recorded  among  the  patented  concessions  of  land,  in  book 
number  one,  at  page  one  hundred  and  fifty-eight,  in  the  register's  office 
of  the  lands  of  the  United  States,  at  New  Orleans,  in  the  same  manner 
and  upon  the  same  conditions,  as  if  notice  had  been  regularly  filed  with 
the  commissioners  of  the  United  States,  and  the  same  had  been  by  them 
confirmed  :  Provided,  That  this  act  shall  only  be  construed  as  a  relin-    Proviso. 
quishment  of  the  Government  of  all  claim  to'  said  tract  of  land  to  said 
claimant:    And  provided,  also,   That  this  act  shall  not  operate  against    Proviso. 
the  claim  of  any  other  person  to  said  tract  of  land. 


350  LOUISIANA. 

May  19,  1832.  No.  782.— AX  ACT  for  the  relief  of  Joseph  Soniat  Duf  ossat. 

"Vol.  6  p,  488. 

Be  it  enacted,  <$-c.,  That  Joseph  Soniat  Dufossat  be,  and  he  is  hereby, 


Land  title  con-  confirmed  in  his  title,  to  a  certain  tract  of  land  situated  in  the  parish  of 
St.  Tammany,  and  State  of  Louisiana,  it  being  a  small  island  in  Lake 
Pontchartrain,  called  Les  Coquilles,  which  was  granted  by  patent  from 
the  French  Government  of  Louisiana,  dated  the  second  June,  one  thou- 
sand seven  hundred  and  sixty-two,  to  J.  Desrnissaux,  described  to  be 

Proviso.  two  leagues  in  length,  and  one  and  a  half  leagues  in  breadth :  Provided, 

That  this  act  shall  be  considered  only  as  a  relinquishment  of  title  on 
the  part  of  the  United  States,  and  not  to  prejudice  the  rights  of  third 
persons. 

May  19, 1832.     No.  783.-AX  ACT  for  the  relief  of  John  H.  Thomas,  claiming  under  Antoine  Patin. 
Vol.  6,  p.  488. 

Be  it  enacted,  <$~c.,  That  the  legal  representatives  of  Antoine  Patin, 


Land  claim  rhjjnihjg  a  tract  of  land  in  the  county  of  Attakapas,  in  the  State  of 
Louisiana,  situated  on  the  east  side  of  Bayou  Tecbe,  and  numbered  one 
thousand  one  hundred  and  fourteen  in  the  report  of  the  commissioners 
lor  the  adjustment  of  land  titles  in  the  western  district  of  Louisiana, 
be,  and  the  same  are  hereby,  confirmed  in  them  to  the  quantity  of  land 

Proviso.  embraced  in  said  claim  :  Provided,  That  this  act  shall  only  be  construed, 

as  a  relinquishment  of  the  Government  of  all  claim  to  said  tract  of  land 

Proviso.  to  said  claimant:  And  provided,  also,  That  this  act  shall  not  operate 

against  the  claim  of  any  third  person  to  said  tract  of  land. 

Mav  19,  1832.  If*.  784.— AX  ACT  for  the  relief  of  Celestin  Chiapella. 

T°  '  6>  p*  489'        Be  it  enacted,  $-c.,  That  Celestin  Chiapella  be,  and  he  is  hereby,  con- 


Land  title  con-  firmed  in  his  title  to  a  tract  of  land  situated  on  the  left  bank  of  the  Mis- 
fired- sissippi  River,  about  eight  miles  below  the  city  of  New  Orleans,  con- 
taining the  quantity  of  three  thousand  and  eighty-seven  acres,  bounded 
above  by  lands  of  R.  Ducros,  and  below  by  lands  of  Magloire  Guichard : 
and  which  he  holds  by  virtue  of  a  French  grant  to  Joseph  Laloire,  datea 
July  eighth,  seventeen  hundred  and  twenty-three  ;  and  another  French 
grant  to  J.  Laloire,  of  January  second,  seventeen  hundred  and  sixty- 
seven  ;  and  another  French  grant  in  favor  of  Mr.  Chaperon,  dated  Jan- 
uary twenty-third,  seventeen  hundred  and  fifty-nine ;  and  that  a  patent 
issue  for  the  same,  according  to  a  survey  made  by  A.  S.  Phelps,  a  deputy 

Proviso.  surveyor  of  the  United  States :  Provided,  however,  That  the  quantity  of 

three  hundred  and  ninety- three  superficial  arpens  heretofore  confirmed 
in  the  name  of  Mary  de  Moleon,  by  the  board  of  commissioners  for  the 
eastern  district  of  the  Territory  of  Orleans,  as  evidenced  by  their  certifi- 
cate, number  one  hundred  and  forty-six,  shall  be  considered  as  forming 
part  of  the  tract  of  land  hereby  confirmed  :  And  provided,  further,  That 
this  act  shall  be  construed  to  operate  merely  as  a  relinquishment  of 
title  on  the  part  of  the  United  States,  and  not  to  prejudice  the  rights  of 
third  persons. 

June  15, 1832.        No.  785.— AX  ACT  for  the  relief  of  the  legal  representatives  of  John  McHugh. 
Be  it  enacted,  <$*c.,  That  there  shall  be,  and  hereby  is,  confirmed  unto 


Land  claim  the  legal  representatives  of  John  McHugh,  the  tract  of  land  settled  upon 
and  cultivated  by  John  McHugh,  in  his  life-time,  situate  on  White 
Bayou,  within  a  survey  once  supposed  to  be  the  property  of  D.  Amos, 
but  which  claim  was  rejected  by  Congress ;  the  same  lying  and  situate 
in  the  parish  of  East  Baton  Rouge,  in  the  State  of  Louisiana,  not  to  ex- 
ceed, in  the  whole,  more  than  six  hundred  and  forty  acres,  and  that  a 

Proviso.  patent  shall  issue  for  the  said  tract  of  land  in  the  usual  form :  Provided, 

however,  That  the  said  legal  representatives  of  the  said  John  McHugh 
have  not,  and  shall  not,  claim  any  other  lands  in  right  of  settlement 
and  cultivation,  and  that  this  act  shall  operate  only  as  a  relinquish- 
ment on  the  part  of  the  United  States  of  all  their  right  and  claim  to  the 
said  lands,  and  shall  not  interfere  with,  or  affect  the  right  or  claim  of 
other  persons. 

June  15,  1832.     No.  786.— AX  ACT  to  authorize  the  inhabitants  of  the  State  of  Louisiana  to  enter 
Vol.  4,  p.  534.  the  back-lands. 

Owners  of  ^e  **  enacted,  $~c.t  That  every  person,  who,  either  by  virtue  of  a  French 
tracts  on  a  river,  or  Spanish  grant,  recognised  by  the  laws  of  the  United  States,  or  under 
&c.,  not  exceed-  a  claim  confirmed  by  the  commissioners  appointed  for  the  purpose  of 


LOUISIANA. 


Proviso :    P  r  e- 
to 


(a)  See  Kos.  704,  708,  710,  720,  722,  729,  730,  731,  732,  761,  768,  813,  818.  849,  858,  860,897. 
899,  919,  920,  928,  963. 


No.  787 .-AN  ACT  for  the  relief  of  Hannah  McKim.  June  25,  1832. 

Be  it  enacted,  $-c.,  That  Hannah  McKiin  be  co  n firmed  in  her  claim  to 


a  tract  of  six  hundred  and  forty  acres  of  land,  for  which  she  filed  her  Land  claim 
claim  with  the  register  and  receiver  of  the  land  office  south  of  Red  confirmed. 
River,  pursuant  to  the  acts  of  Congress  of  the  third  of  March,  one  thou- 
sand eight  hundred  and  twenty- three,  and  the  twenty-sixth  of  May,  one 
thousand  eight  hundred  and  twenty-four,  in  relation  to  lands  situated 
between  the  Rio  Honde  and  Sabine  rivers,  in  the  State  of  Louisiana, 
on  the  main  fork  of  the  Bayou  Provincial ;  and  which  claim  was,  by  the 
said  register  and  receiver,  in  their  report  of  the  first  of  November,  one 
thousand  eight  hundred  and  twenty-four,  made  to  the  Secretary  of  the 
Treasury,  ranked  in  the  fourth  clas*s,  number  one  hundred  and  sixteen ; 
and  that  the  said  claim  be  regarded  and  considered  as  if  the  same  had 
been  ranked  by  the  said  register  and  receiver,  in  their  said  report,  in 
the  third  class ;  and  that  the  said  Hannah  McKirn  be  entitled  to  all  the 
privileges,  advantages,  and  benefits  to  which  she  would  have  been  en- 
titled, or  which  would  have  accrued  to  her,  if  her  said  claim  had  been 
ranked  in  the  third  class  of  the  said  report :  Provided,  That  nothing  in  Proviso, 
this  act  contained  shall  be  construed  to  affect  or  impair  the  claim,  title, 
or  interest  of  any  other  person  to  the  same  land,  or  any  part  thereof, 
derived  either  from  the  United  States  or  otherwise.  This  act  shall  com- 
mence and  be  in  force  from  and  after  the  passage  thereof. 


352 


LOUISIANA. 


•Tune  25.  l-:<2. 
Vol.  6,  p.  493. 


No.  788.— AN  ACT  for  the  relief  of  Dorothy  Wells. 

Be  it  enacted,  #c.,  That  there  shall  be,  and  hereby  is,  confirmed  unto 
Land  claim  Dorothy  Wells,  the  tract  of  land  by  her  occupied  and  cultivated,  in  the 
confirmed.  parish  of  West  Feliciana,  in  the  State  of  Louisiana,  situate  on  the  river 

Mississippi,  which  bounds  it  westwardly;  and  bounded  north  by  lauds 
granted  to  William  Williams,  on  the  east  by  land  granted  to  Gilbert 
Miles,  and  on  the  south  by  other  lands,  the  owner  whereof  is  not  known  ; 
not  to  exceed,  in  the  whole,  more  than  six  hundred  and  forty  acres ; 
and  that  a  patent  shall  be  issued  and  granted  to  the  said  Dorothy  Weils, 
Proviso.  for  the  land  above  described,  in  the  usual  form  :  Provided,  however,  That 

the  said  Dorothy  Wells  has  not  and  shall  not  claim  any  other  lands  in 
right  of  settlement  and  cultivation  ;  and  that  this  act  shall  only  operate 
as  a  relinquishment  on  the  part  of  the  United  States,  of  all  their  right 
and  claim  to  the  said  land,  and  shall  not  interfere  with,  or  affect  the 
claim  or  claims  of  third  persons  derived  from  the  Government  of  Spain, 
or  of  the  United  States. 


June  25, 1832. 
Vol.  6,  p.  498. 


No.   789.— AX  ACT  for  the  relief  of  the  inhabitants  of  Terre  Aux  Bceufs. 
Be  it  enacted,  $-c.,  That  the  claims  of  the  inhabitants  residing  on  the 


Land  claims  Bayou  Terre  Aux  Bceufs,  in  the  parish  of  St.  Bernard,  and  State  of  Louis- 
iana, to  the  several  tracts  of  land  lying  on  said  Bayou,  as  described  in 
the  plat  of  survey  made  by  Augustus  S.  Phelps,  deputy-surveyor  of  the 
United  States  for  the  State  of  Louisiana,  in  May,  one  thousand  eight 
hundred  and  thirty-one,  to  wit: 


Arpens. 

Toises. 

Feet. 

1 

10 

4 

i| 

1 

9 

\Vidow  Joseph  Fons 

1 

2 

5* 

§ 

3 

Gabriel  Perrera 

0 

29 

5 

4 

Francisco  de  Torres 

o 

21 

1 

n 

Bernard  Gutierres.  ..    .. 

1 

9 

1 

= 

EJ 

& 

Antonio  Guera 

0 

16 

4 

7 

Antonio  Gutierres 

0 

24 

1 

He 

8 

Bisente  Sardina 

0 

14 

4 

s    — 

q 

Succession  of  Serpas          » 

o 

29 

5 

r* 

10 

John  Baptiste  Bourg       

0 

21 

2 

£ 

11 

W^idow  Francisca  Lopez        ... 

o 

19 

0 

~  * 

1° 

Andrea  Gonzales 

o 

10 

4& 

•     C 
hfe 

13 

Succession  of  Esteves 

2 

2 

3 

14 

Madam  Garie        ......  

2 

8 

5 

5 

15 

Cyprien  Lef  ebvre      .  .   . 

o 

13 

5* 

$ 

16 

Eugene  Charles  Dumouchel. 

o 

27 

2* 

17 

Manuel  Solis 

o 

17 

3* 

® 

18 

Etienne  Veillon 

o 

17 

3* 

19 

Pierre  Thomas 

o 

15 

0 

90 

Balthazar  Enoul  Livaudais  

o 

15 

0 

91 

Manuel  Solis 

o 

15 

o 

And    on   the  opposite  side  of 
Terre  aux  Bosufs 

o 

22 

3 

00 

Maria  Lopez 

o 

7 

3 

93 

Succession  of  Dimanche  .  

o 

29 

5i 

-£ 

94 

Francisca  Rodriguez       .  . 

o 

15 

5 

rg. 

25 

Mircelina    Lamar,  widow  Casa- 
nova 

o 

16 

9 

H 

2  =. 

°6 

Gabriel  Cassanova 

o 

4 

o 

-:--. 

97 

Francis  Carle         

0 

16 

41 

=  1 

98 

Bastien  Gonzales         

o 

10 

4i 

*  V? 

9q 

Widow  Joseph  Hernandez     . 

o 

15 

5 

~  '-c 

z  ~' 

30 

Manuel  Asevedo 

o 

26 

31 

II 

31 

Nicholas  Deiean 

o 

14 

51 

&?; 

3*> 

Joseph  Oramos 

1 

7 

—  . 

On  the  opposite  side 

1 

g 

2i 

33 

Juan  Cassanova            .  ......  .... 

0 

14 

Of 

On  the  opposite  side         .  . 

0 

15 

2 

34 

Gregoire  Malarin 

o 

7 

04 

On  the  opposite  side.  . 

0 

7 

8 

LOUISIANA. 


353 


Arpens. 

Toises. 

Feet. 

Lorenzo  Medina 

0 

7 

OA 

On  the  opposite  side  

0 

7 

w 

w 

Widow  Ramirez  

1 
I 

17 
14 

n 

14 

?7 

Laurent  Millaudon             . 

19 

5 

4b 

On  opposite  side              ... 

19 

4 

5 

38 

Succession  of  Joseph  Sanchez  
On  opposite  side 

0 

o 

23 

10 

? 

W 

JMego  Sanchez        .  

1 

5 

(U 

On  the  opposite  side 

o 

•  10 

o 

10 

Geronimo  Oramus                    . 

o 

10 

o 

n 

Juan  Gutierres  . 

1 

23 

4 

w 

Marie  Ojeda         

o 

24 

0-i 

w 

Francisco  Gutierres 

o 

5 

44 

On  opposite  side 

1 

24 

4 

14 

Antonio  Lopez  ..     ....  .  , 

o 

26 

4i 

tr> 

Manuel  Solis. 

o 

13 

0± 

IP. 

Santiago  Rodriguez  

o 

19 

5 

On  opposite  side 

o 

8 

5* 

47 

Martial  St.  Germain 

o 

17 

5 

IH 

Widow  Stopinal  

2 

13 

4 

On  opposite  side      .  ...  .. 

1 

29 

3i 

19 

Juan  Medina 

o 

14 

5 

On  opposite  side  

o 

13 

54 

SO 

Martial  St.  Germain.  . 

2 

22 

3 

On  opposite  side 

2 

24 

4 

u 

Francisco  Sanchez  

1 

12 

2£ 

32 

Debouchelle  and  Chalaire,  broth- 
ers   

5 

1 

5 

On  opposite  side....  ....  . 

6 

11 

24 

»P> 

Francisco  Gutierres 

o 

10 

3! 

")4 

Antonio  Serpas  

0 

21 

3 

35 

Louis  Cure  

1 

1 

2 

->f> 

Pierre  Jorda  

18 

*15 

5 

On  opposite  side  

18 

IP: 

5 

•>7 

Bienvenu,  brothers 

o 

*          O 

2i 

On  opposite  side  ....  

1 

0 

>8 

Juan  Solis  

IK 

1 

On  opposite  side  

16 

1* 

39 

Joseph  Serpas.,  

1R 

5| 

M 

On  opposite  side....  . 

1H 

3 

f 

30 
31 

32 

Succession  of  Joseph  de  Armas.. 
Succession  of  Antonio  Nie  ves  
Joseph  Nie  ves  

0 

0 

7 
7 

1C 

4 
p 

5 

hj    O 

33 

JuanPerez  

1« 

oQ 

41 

»? 

34 

Bienvenu,  brothers  

4& 

ofl 

*f 
11 

:sl 

35 
36 

Roman  Catholic  Church  land  
Bienvenu,  brothers 

1« 

6° 

18 
ol 

}* 

si 

37 

Gabriel  N.  Allard- 

g 

ofi 

o 

a-^ 

38 

Jacques  Toutant  

s 

4V 

4 

J  ^a 

On  the  other  side 

1 

7 

1 

e 

39 

P.  Reaud  and  Olivier,  brothers... 
On  the  opposite  side. 

"16 

3 

21 
o1 

0 

w 

Felix  Marrero  

*A 
-•1 

4A 

On  opposite  side  

I* 

*9 

41 

n 

Succession  of  Bisente  Marero  
Opposite  side...!.. 

3 

14 

•  -tA 

5i 
51 

n 

Charles  Fagot  

91 

si 

On  opposite  side  

91 

24 

n 

Martin  Robin 

91 

g 

Opposite  side  

01 

% 

74 

P.  Reaud  and  Olivier,  brothers.  .. 
Opposite  side  

22 
29 

22 

01 

2i 
3 

75 

Madam  Olivier 

17 

g 

51 

Opposite  side... 

17 

7 

41 

23  L  O  —  VOL  II 

Land  claims 
confirmed. 


354 


LOUISIANA. 


Land  claims 
confirmed. 

Arpens.    Toises. 

Feet. 

76 

77 
78 
79 
80 
81 
82 
83 
84 
85 
86 

87 
88 
89 
90 
91 
92 
93 
94 
95 

Aufrustin  Reggio 

17 
17 
2 
2 
1 
1 
0 
0 
0 
0 
2 
1 
3 
3 
1 
1 
1 
1 
2 
2 
0 
0 
2 
2 
5 
2 
21 
14 
5 
5 
13 

O 

5 
17 
17 
23 
23 
7 
6 

M 

6 
0 
29 
4 
4 
17 
17 
16 
17 
14 
15 
29 
29 
28 
21 
5 
14 
14 
15 
20 
22 
15 

0 

o 

4 
4 
5 
5 

0 

9 

3 

24 

If 

04 

0* 
5 
1 

% 
? 

3 

54 

0 
0 
0 
0 
0 

Both  sides  of  the 
TerroanxBuMifs. 

Opposite  side  

Opposite  side  .  

Succession  of  Antonio  Meneses.  .. 
Opposite  side..  .  . 

Succession  of  Edwd.  Alpuente..  . 
Opposite  side 

Cfitaliiiii  Alfonso 

Opposite  side  

Succession  of  Edwd.  Alpuente..  . 
Opposite  side  

Bartole  Molaro  . 

Opposite  side  . 

Marguerite  Molero,  widow  Nunez. 
Opposite  side.  .... 

Chris  to  val  Molero 

Opposite  side 

Antony  Molero 

Opposite  side 

Manuel  Lombas  .     ...... 

Opposite  side 

Roque  Acosta  . 

Autoine  Landier         .  

Francisco  Alfonso 

Manuel  Solis 

\Vidow  Nunez 

Pedro  Hernandez  

Widow  Nunez 

Felix  Marrero 

be,  and  the  same  a*re  hereby,  confirmed,  and  recognised  as  valid,  upon 
the  same  terms  and  conditions  that  other  Spanish  claimants,  residing 
in  the  State  of  Louisiana,  east  of  the  Mississippi,  and  island  of  Orleans, 

Proviso.  have  been  heretofore  confirmed :  Provided,  That  this  act  shall  only  be 

construed  as  a  relinquishment  of  any  claim  of  the  United  States  in  and 
to  any  part  ox  portion  of  the  lands  described  in  said  plat:  And  provided 
also,  That  this  act  shall  not  be  deemed  or  held  to  interfere  with  the 
claims  or  rights  of  any  person  or  persons  whatever. 

Church    lands      SEC.  2.  And  be  it  further  enacted,  That  the  tract,  of  land  described  in 

onfirmed.  said  p]at  as  belonging  to  the  church,  measuring  one  arpent,  eighteen 

toises,  and  one  foot,  and  one-third  of  a  foot,  and  numbered  in  the  pre- 
ceding list  sixty-five,  be,  and  the  same  is  hereby,  confirmed  and  recog- 
nized as  valid,  to  and  for  the  uses  and  purposes  for  which  the  same  has 

Proviso.  been  heretofore  held  and  used:  Provided,  also,  That  this  act  shall  be 

only  considered  a  relinquishment  on  the  part  of  the  United  States,  and 
not  to  interfere  with  the  rights  of  others. 


July  4, 1832. 
Vol.  4,  p.  561. 


No.  790.— AN  ACT  for  the  final  adjustment  of  the  claims  to  lands  in  the  southeast- 
ern land  district  of  the  State  of  Louisiana. 


Claims  to  lands     Be  it  enacted^  tfc..  That  any  person  or  persons,  claiming  lands  within 
in  Louisiana  to  the  ]imit8  of  the  southeastern  land  district  of  the  State  of  Louisiana, 
rSnsferrad  re°  agreeably  to  the  provisions  of  the  laws  heretofore  enacted  for  the  ad- 
ceiver    at    Xew  jnstment  of  land  claims  in  that  part  of  the  Territory  of  Orleans  or  State 
Orleans,  prior  to  of  Louisiana,  but  whose  titles  have  not  been  heretofore  confirmed,  may, 
1st  July,  1833.       at  anv  time  prior  to  the  first  day  of  July,  one  thousand  eight  hundred 
and  thirty-three,  present  their  claims,together  with  the  written  evi- 
dence and  other  testimony  in  support  of  the  same,  to  the  register  and 
Notice  of  claim  receiver  of  the  land  office'at  New  Orleans;  and  it  shall  be  the  duty  of 
to  be  recorded,     the  said  register  and  receiver  to  record,  in  a  book  to  bo  kept  for  that 
purpose,  the  notice  of  every  claim  so  preferred,  together  with  the  evi- 
Fees.  dence  ;  for  which  service  they  shall  receive  a  compensation  from  the 

claimants,  at  the  rate  of  twenty-five  cents  for  every  hundred  words. 


LOUISIANA.  355 

SEC.  2.  And  be  it  further  enacted,   That  lbet> aid  register  uud  receiver     Claims    to    be 
shall,  at  or  before  the  beginning  of  the  next  session  of  Congress  there-  ggpo^eti  tof  !^6 
after,  make  to  the  Secretary  of  the  Treasury  a  report  of  the  claims  Treasury,  and  to 
which  may  have  been  preferred   before  them,  together  with  the  testi-  be    laid  '  before 
mouy,  their  opinion  of  the  validity  of  the  claims,  and  such  other  inf or-  Congress, 
iiiation  respecting  them  as  may  be  in  their  possession;  which  report 
shall,  by  the  Secretary  of  the  Treasury,  be  laid  before  Congress  as  soon 
as  practicable,  with  his  opinion  touching  the  validity  of  the  respective 
claims:  Provided,  That  no  claim  shall  be  therein  recommended  for  con-     Proviso, 
tirmatiou,  for  more  than  the  quantity  contained  in  a  league  square.  Sales  of   land 

SEC.  3.  And  be  it  further  enacted,  That  the  sales  of  land  in  the  said  suspended    until 
southeastern  district,  by  public  auction  or  private  entry,  shall  be  sus-  j|g|r    Jul-v    lst» 
pended  until  after  the  first  day  of  July,  one  thousand  eight  hundred 
and  thirty-three. 

SEC.  4.  And  be  it  further  enacted,  That  all  persons  who,  before  the  first     Persons     who 
Monday  of  November,  one  thousand  eight  hundred  and  thirty,  held11,61?1  la -ds   bJ 
lands  in  the  said  southeastern  district,  by  claims  unconfirmed,  but  firmecT&c^may 
which  were  embraced  in  the  principles  of  the  previous  laws  for  the  avail  themselves 
adjustment  of  claims  in  that  part  of  the  Territory  of  Orleans  or  State  of  the  benefits  of 
of  Louisiana,  which  lands  may  have  been  sold  at  the  public  sale  which thi8  act- 
took  place  at  New  Orleans  on  the  first  Monday  of  November,  one  thou- 
sand eight  hundred  and  thirty,  under  the  President's  proclamation  of 
the  fifth  June,  one  thousand  eight  hundred  and  thirty,  may  avail  them- 
selves of  this  act  as  though  their  lands  had  not  been  sold  ;  and  thn  said     Separate  report 
register  and  receiver  shall  make  a  separate  report  of  the  cases  of  this0*  ease*  of  this 
class  :  and  if  it  shall  appear  to  the  Secretary  of  the  Treasury  that  all  or  totheSecrSrv 
auy  of  the  claims  contained  therein,  although  unconfirmed,  are  em-  Of  the  Treasury, 
braced  in  the  intent  and  meaning  of  the  previous  laws  for  the  adjust-  &c. 
ment  of  land  claims  as  aforesaid,  he  is  hereby  authorized  to  repay  to  the    Purchasers   to 
persons,  or  the  legal  representative  of  the  persons  who  purchased,  sucti  be  reimbursed, 
sum  or  sums  as  they  may  have  paid  for  lands  of  this  description,  bought 
by  them  at  the  said  public  sale,  (a) 

SEC.  5.  And  be  it  further  enacted,  That,  in  addition  to  the  compensa-     Additional 
tion  hereinbefore  provided,  the  said  register  and  receiver  shall  receive,  compensation, 
for  the  services  required  of  them  by  this  act,  the  sum  of  five  hundred 
dollars  each,  to  be  paid  by  the  Secretary  of  the  Treasury  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated. 

<a)  See  Nos.  699,  701,  703,  704,  705,  708,  (510,  712,  716,718,  721,  722,  72*3,  724,  728,  731,  732,  737, 
738,739,  740,  745,  746,  749,  752,  753,  777,817,819,826,852,863,864,873,889,899,904 
911,  946,  95li,  957,  961,  967. 

Wo.  791.— AN  ACT  confirming  the  claim  of  Maria  Holliday  to  a  tract  of  land  in     July  13,  1832. 

Louisiana.  Vol.  6,  p.  509. 

Be  it  enacted,  <$-c. ,  That  Maria  Holliday  be,  and  she  is  hereby,  confirmed     Land     claim 
in  her  claim  to  a  tract  of  land,  now  in  her  possession,  lying  between  the  confirmed, 
river  Mississippi  and  Lake  Pontchartrain,  and  about  sixteen  miles  above 
the  city  of  New  Orleans,  in  the  State  of  Louisiana,  and  having  a  front 
of  twenty  -four  and  a  half  arpens  on  the  said  river,  and  extending  in 
depth  to  the  said  lake :  Provided,  That  such  confirmation  shall  only     Proviso, 
operate  as  a  relinquishment  of  all  right  and  title  on  the  part  of  the 
United  States  to  said  land. 


No.  792.— AN  ACT  for  the  relief  of  Bernard  Leonard  and  Jacab  Black.  juiy  14, 1833. 

Be  it  enacted,  $c.,  That  Bernard  Leonard  be,  and  he  is  hereby,  con-     Yt>r-6'P-512- 
firmed  in  his  claim  as  assignee  of  Peter  Young  and  David  Durham,  to     B.      Leonard's 
two  tracts  of  land,  of  six  hundred  and  forty  acres  each,  situated  on  the  land  claim  con- 
south  side  of  Red  River,  and  in  the  tract  of  country  commonly  called  nrme(l- 
the  Neutral  Territory,  and  about  thirty-live  miles  above  the  town  of 
Natchitoches,  to  be  located  in  such  manner  as  to  embrace  the  improve- 
ments made  by  Peter  Young  and  David  Durham,  severally,  before  the 
twenty- second' day  of  February,  one  thousand  eight  hundred  and  nine- 
teen. 

SEC.  2.  And  be  it  further  enacted,  That  Jacob  Black,  as  assignee  of  Na-  ..A.1.8.0-  claim  °* 
tbauiel  Hickman  and  Isaiah  Hickmau,  be,  and  he  is  hereby,  confirmed  •»•  Uiekniaii. 
in  his  claim  to  two  tracts  of  land  of  six  hundred  and  forty  acres  each, 
situated  on  the  south  side  of  Red  River,  within  the  aforesaid  territory, 
about  thirty-six  miles  above  the  town  of  Natchitoches,  to  be  located  in 
such  manner  as  to  embrace  the  improvements  made  thereon  by  said 
^Nathaniel  and  Isaiah  Hickman,  severally,  previous  to  the  twenty-second 


356  -  LOUISIANA. 

Proviso.  day  of  February,  one  thousand  eight  hundred  and  nineteen :  Providea, 

That  this  act  shall  be  considered  only  as  a  relinquishment  of  title  on. 
the  part  of  the  United  States,  and  not  to  prejudice  the  rights  of  third 
persons. 

Julv  14, 1832.  >T o.  793.— AN  ACT  for  the  relief  of  John  F.  Girod,  cf  Louisiana. 

Vol.  6,  p,  519.         Be  u  enacted)  ^  That  the  Commissioner  of  the  General  Laud  Office 
Land  patent  to  be,  and  he  hereby  is,  directed  to  issue  to  John  F.  Girod  a  patent  for  four 
be  issued  to  him.  fractional  quarter-sections  of  land  in  the  parish  of  Ouachita,  State  of 
Louisiana,  containing  two  hundred  and  ninety-two  acres  and  eleven- 
hundredths,  lying  in  township  seventeen,  range  three  east,  section  sec- 
ond, it  being  the  same  lately  sold  at  the  land  sales  at  Ouachita,  and 
purchased  by  said  Girod,  through  his  agent,  Bernard  Hemkin. 

Money  improp-  SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
erly  paid  to  be  8hall  pay  to  said  Girod,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  the  sum  of  three  hundred  and  twenty-five  dollars  and 
eighty-eight  and  three-fourths  cents,  this  being  the  amount  improperly 
paid  by  Girod  for  said  land ;  and  that  said  Girod  be  exempted  from  all 
further  liability  to  the  Government,  on'  account  of  any  part  of  the  pur- 
chase money  of  said  land  yet  unpaid. 


July  14,  1832.  No.  794.—  AX  ACT  for  the  relief  of  John  Buhler. 

l.  6, 


Vol.  6,  p.  o2Q.         Be  u  enacted^  g,0^  TIiat  there  8hall  be>  and  uerebv  iSj  confirmed  unto 
Land     claim  John  Buhler,  the  tract  of  land  lately   occupied  by  Stephen  Hackney, 
confirmed.  deceased,  containing  five  hundred  and   twenty-two  acres,  bounded  as 

follows  :  On  the  upper  line,  by  lands  the  property  of  the  heirs  of  John 
C.  Faulkner  ;  and  on  the  lower  line,  by  lands  claimed  by  Joshua  Alex- 
ander ;  and  on  the  east,  by  lands  confirmed  by  Congress  to  John  Cooper  : 
said  lands  situated  on  the  east  side  of  the  Mississippi  River  ;  and  that  a 
patent  shall  be  issued  and  granted  to  the  said  John  Buhler,  for  the  land 
Proviso.  above  described,  in  the  usual  form  :  Provided,  however,  That  the  repre- 

sentatives and  assignees,  or  any,  or  either  of  them,  shall  not  claim,  and 
has  not  claimed,  any  other  lands  in  right  of  settlement  and  cultivation  ; 
and  that  this  act  shall  only  operate  as  a  relinquishment,  on  the  part  of 
the  United  States,  of  all  their  right  and  claim  to  the  said  land*  and  shall 
not  interfere  with,  or  affect  the  claim  or  claims  of  third  persons. 


July  14,  1832.  No.  795.— AN"  ACT  for  the  relief  of  Benjamin  Bullitt. 

Vol.  6,  p.  523.         Se  it  ^iactedi  ^  That  Benjamin   Bullitt  be,  and  he  is  hereby,  con- 

L  a  n  d  claim  firmed  in  his  claim  to  a  tract  of  land  of  six  hundred  and  forty  acres 
confirmed.  in  his  own  right,  and  in  a  further  claim  as  assignee  of  Toussaint  Lafleur, 

to  a  tract  of  land  of  six  hundred  and  forty  acres  of  land,  both  situated 
on  the  south  side  of  Red  River,  within  the  tract  of  country  commonly 
called  tha  Neutral  Territory,  and  about  twenty-four  miles  above  the 
town  of  Natchitoches,  to  be  located  in  such  manner  as  to  embrace  the 
improvements  made  by  the  said  Bullitt  and  Lafleur,  respectively,  before 

Proviso.  the  twenty-second  of  February,  eighteen  hundred  and  nineteen:  Pro- 

vided, That  this  act  shall  be  considered  only  as  a  relinquishment  of  title 
on  the  part  of  the  United  States,  and  not  to  prejudice  the  rights  of  third 
persons. 

July  14, 1832.      No.  796.— AN  ACT  for  the  relief  of  the  widow  and  heirs  of  Pedro,  alias  Pierre 
Vol.  6,  p.  526.  Guedry. 


Land     claim     Be  it  enacted,  #c.,  That  the  widow  and  heirs  of  Pedro,  alias  Pierre 

confirmed  to  wid-  Guedry,  deceased,  be,  and  they  are  hereby,  confirmed  in  their  claim  to 

pWG^aedr     r8      a  *rac^  °^  lan(l  containing  four  and  one-half  arpents  in  front,  and  forty 

arpents  in  depth,  on  the  Mississippi  River,  at  the  distance  of  about  four 

miles  above  the  mouth  of  the  Manchac,  in  the  State  of  Louisiana  ;  being 

a  part  of  a  tract  granted  to  the  said  Pedro,  alias  Pierre  Guedry,  by  the 

Baron  de  Carondelet,  by  letters-patent,  bearing  date  the  seventh  day  of 

December,  seventeen  hundred  and  ninety-two. 

And  to  Francis     SEC.  2.  And  be  it  further  enacted,  That  Francis  Daigre  be  confirmed  in 
Daigre.  nj8  claim  to  the  residue  of  the  said  tract  of  land;  and  that  the  said 


LOUISIANA.         •  357 

widow  and  heirs  of  the  said  Guedry,  and  the  said  Francis  Daigre,  be, 

and  they  are  hereby,  authorized  to  enter  their  respective  claims  to  the 

tract  of  land  aforesaid,  in  the  land  office  at  Saint  Helena  Courthouse,  in 

the  State  of  Louisiana :  Provided,  That  the  said  Francis  Daigre  be  re-    Proviso. 

quired  to  exhibit  to  the  register  and  receiver  of  the  said  land  office, 

either  a  good  legal  or  equitable  title  to  the  part  of  the  said  tract  of 

land  claimed  by  him  :  And  provided,  also,  That  nothing  in  this  act  con-    Proviso. 

tained  shall  be  so  construed  as  to  affect  the  claim  of  any  other  person 

or  persons  to  said  land,  or  any  part  thereof,  derived  either  from  the 

United  States  or  from  any  other  source  whatever. 


No.  797.—  AN  ACT  for  the  relief  of  the  heirs  of  Nathaniel  Hillen. 
Be  it  enacted,  #c,,  That  the  right  of  the  heirs  of  Nathaniel  Hillen,  in 


july  14(  i832. 
Yoi-6.P-526- 


and  to  a  certain  tract  of  land  lying  in  the  parish  of  East  Baton  Rouge,     Land     claim 

in  the  State  of  Louisiana,  containing  six  hundred  and  forty  acres,  upon  confirmed. 

which  Nathaniel  Hillen  resided  in  his  lifetime,  and  which  has  been 

since  cultivated  by  Robert  Hillen,  for  the  use  and  benefit  of  said  heirs, 

be  recognised  as  valid,  and  confirmed  to  said  heirs,  in  t  he  sarue  manner, 

and  upon  the  same  terms  and  conditions,  as  if  tht-ir  claim  had  been  filed 

with  the  commissioners  under  the  act  of  Congress  passed  the  twenty- 

fifth  April,  one  thousand  eight  hundred  and  twelve,  chapter  sixty-seven, 

section  eight,  and  been  confirmed  by  the  act  of  one  thousand  eight  hun- 

dred and  nineteen,  chapter  five  hundred  and  ten,  section  three  :  Provided,     Proviso. 

That  this  act  shall  not  be  construed  to  extend  further  than  a  relinquish  - 

ment  on  the  part  of  the  United  States,  to  any  claim  in  and  to  said  tract 

of  land:  And  provided,  also,  That  this  act  shall  not  be   considered  as     Proviso. 

interfering  with  the  rights  of  other  persons  in  and  to  said  tract  of  land. 


No.  798.— AN  ACT  for  the  relief  of  the  children  of  Charles  Comb  and  Marguerite     Jan.  14, 1833. 
Laviolet,  his  wife.  Vol.  6,  p.  528. 

Be  it  enacted,  #c.,  That  the  children  of  Charles  Comb  and  Marguerite     Land  title  con- 
Laviolet,  be,  and  they  are  hereby,  confirmed  in  their  title  to  a  tract  of  firmed. 
land  of  six  hundred  and  forty  acres,  situated  in  the  county  of  Attakapas, 
State  of  Louisiana,  to  be  located  in  such  manner  as  to  embrace  the  im- 
provements made  by  Louis  Doze  and  Marguerite  Laviolet,  his  wife,  in 
their  lifetime  :  Provided,  That  this  act  shall  be  considered  only  as  a  relin-    Proviso, 
quishment  of  title  on  the  part  of  the  United  States,  and  not  to  affect  the 
rights  of  third  persons. 


No.  799.— AN  ACT  for  the  relief  of  Eugene  Borell.  Jan.  14, 1833. 

Be  it  enacted,  #c.,  That  Eugene  Borell  be,  and  he  is,  confirmed  in  his-  YoI-6'P-m 
claim  to  six  hundred  and  forty  acres  of  land,  in  virtue  of  actual  settle-     Land     claim 
ment  and  cultivation,  before  and  ever  since  the  twentieth  day  of  Decem-  confirmed, 
ber,  one  thousand  eight  hundred  and  three ;  which  tract  of  land  is  sit- 
uated in  the  county  of  Attakapas,  in  the  State  of  Louisiana,  at  a  place     • 
called  Sheepeck,  and  lying  upon  the  west  side  of  the  bayou  "Cypre- 
mort,"  it  being  the  part  of  a  twenty-four  acre  tract,  fronting  on  said 
bayou,  by  forty  back,  bounded  northwardly  by  lands  of  the  heirs  of 
Joseph  Sorell,  eastwardly  by  the  said  bayou  "  Cypre-mort,"  southwardly 
by  other  lands  of  the  heirs  of  said  Joseph  Sorell,  and  westwardly  at  the 
depth  of  forty  arpents,  by  public  lauds :  Provided,  That  this  act  shall    Proviso. 
extend  only  to  a  relinquishment  of  the  title  of  the  United  States,  and 
shall  not  prejudice  the  rights  of  third  persons. 


No.  800.— AN  ACT  for  the  relief  of  William  B.  Keene  and  John  L.  Martin,  and  for     Jan.  28, 1833. 
other  purposes.  Vol.  6,  p.  529. 

Be  it  enacted,  #c.,  That  William  B.  Keene  and  John  L.  Martin  be,  and     Authorized  to 
they  are  hereby,  authorized  and  peimitted  to  complete  their  purchase  purchase   school 
of  lot  number  sixteen,  in  township  number  twenty-one,  range  number  land, 
thirteen,  east,  in  the  district  north  of  Red  River,  in  the  State  of  Louisi- 
ana, in  virtue  of  their  right  of  pre-emption,  according  to  the  act  of  Con- 


358  LOUISIANA. 

gress  of  the  twenty-ninth  of  May,  one  thousand  eight  hundred  and  thirty, 

any  law  to  the  contrary  notwithstanding. 

Eeservation  of  SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
other  land  forretary  of  the  Treasury  to  cause  to  be  selected  and  reserved  for  the  use 
schools.  of  schools,  within  the  said  fractional  township  number  twenty-one,  in 

lieu  of  the  aforesaid  lot,  a  lot  of  land  of  equal  extent  and  value,  in  the 

same  township,  or  the  next  thereto  adjoining. 


Jan.  30, 1833.  No.  801.— AN  ACT  for  the  relief  of  the  heirs  of  Jean  Baptiste  Sancier. 

>p' ' Be  it  enacted,  <f-c.,  That  the  heirs  of  Jean  Baptiste  Saucier  be,  and 

Land  title  con-  they  are  hereby,  confirmed  in  their  title  to  a  tract  of  land  of  six  hun- 

firmed.  dred  and  forty  acres,  situated  in  the  parish  of  Plaquemine,  State  of 

Louisiana,  on  both  sides  of  the  river  Aux  Chenes.  to  be  located  in  Mich 

mannuer  as  to  embrace  the  improvements  made  by  the  said  J.  B.  Sau- 

Proviso.  cier,  in  his  lifetime:  Provided,  That  this  act  shall  only  be  considered 

as  a  relinquishment  of  title  on  the  part  of  the  United  States,  and  not 

to  prejudice  the  rights  of  third  persons. 


Feb.  9, 1833.  No.  802.— AX  ACT  for  the  relief  of  Josiah  Barker. 

Be  it  enacted,  <fc.,  That  Josiah  Barker  be,  and  he  is  hereby,  confirmed 


Land  title  con-  in  his  title  to  a  tract  of  land  of  one  thousand  and  one  superficial  arpens 
fir™6**-  and  three  hundred  toises,  haying  a  front  of  thirteen  arpens  and  six: 

toises,  on  the  Mississippi,  in  the  parish  of  East  Baton  Rouge,  in  the 
State  of  Louisiana,  it  being  the  same  land  granted  by  separate  patents 
to  Zachariah  Norton  and  John  Fitz  Patrick,  dated  February  fourteenth, 
one  thousand  seven  hundred  and  eighty-six,  and  signed  by  Estevau 
Miro,  governor-general  of  Louisiana. 

Sameastodou-     SEC.  2.  And  le  it  further  enacted,  That  the  said  Josiah  Barker  be  con- 
ble  concession  of  firmed  in  his  title  to  a  tract  of  land,  not  exceeding  the  quantity  of 
part  of  the  above  twelve  hundred  and  eighty  acres,  by  virtue  of  an  order  of  survey  for  a 
double  concession,  granted  by  the  Baron  de  Carondelet,  on  the  twen- 
tieth of  January,  one  thousand  seven  hundred  and  ninety -five,  iu  favor 
of  widow  Hindson,  to  be  located  adjacent  to  and  back  of  the  lower 
tract  of  eleven  arpents  front,  confirmed  in  the  first  section  of  this  act, 
and  not  to  extend  more  than  forty  arpents  in  the  rear  of  the  said  front 
Proviso.  tract :  Provided,  That  this  confirmation  shall  only  amount  to  a  relin- 

quishment  of  title  on  the  part  of  the  United  States,  and  not  to  prejudice 
the  rights  of  third  persons. 

March  2, 1833.    No.  803.— AN  ACT  authorizing  the  removal  of  the  office  of  surveyor-general  of 
VoL  4,  p.  662.  public  lands  south  of  Tennessee. 


Presentation  of  SEC.  2.  And  be  it  further  enacted,  That  all  accounts  for  surveys  of  pub- 
accounts  for  sur-  He  land  in  the  State  of  Louisiana,  not  approved  before  the  first  day  of 
veys.  April  next,  shall  be  presented  with  the  proper  returns  of  such  surveys, 

to  the  office  of  the  surveyor-general  of  public  lands  for  the  State  of 
Louisiana,  for  settlement  and  allowance,  (a) 

(a)  See  Xos.  701,  703,  704,  708,  710,  718, 722,  724, 727,  730, 731, 777,  858. 


April  15, 1834.  No.  804.— AX  ACT  for  the  relief  of  John  Bills. 

6,  p.  557.         Be  if  ^iaci€d^  g.Cf  ^  That  John  Bil]g;  of  the  pari8h  Of  East  Baton  Rouge, 


Land  title  con-  be,  and  he  hereby  is,  confirmed  in  his  title  to  two  hundred  and  fifty- 
seven  acres  of  land  .  situate  and  lying  in  the  parish  of  East  Baton  Rouge, 
in  the  State  of  Louisiana,  in  township  number  seven,  of  range  one,  east, 
in  the  district  of  lands  offered  for  sale  in  the  parish  of  St.  Helena,  which 
tract  of  land  is  bounded  on  the  north,  by  P.  Hickey  ;  on  the  west,  by 
A.  Grass ;  on  the  south,  by  Henry  Thomas  ;  and  on  the  east,  l>y  William 
and  Francis  Thomas ;  upon  his  paying  to  the  proper  officer  ot  the  land 
office  at  St.  Helena,  the  sum  of  one  dollar  and  twenty-five  cents  per 

Proviso.  acre.  Provided,  however,  That  this  act  shall  not  be  so  construed  as  to 

interfere  with  any  adverse  claim  to  the  land  hereby  authorized  to  be 
purchased,  if  any  such  there  be. 


LOUISIANA. 


359 


No.  805.—  AX  ACT  supplementary  to  an  act  entitled  "An  act  for  the  relief  of  Gar- 
rigues  Flaujac,  of  Louisiana,"  approved  on  the  twentieth  May,  one  thousand  eight 
hundred  arid  twenty-six. 

Be  it  enacted,  tj'-c.,  That  Garrigues  Flaujac,  of  Louisiana,  or  his  legal 
representatives,  be,  and  he  and  they  are  hereby,  authorized  to  locate 
the  tract  of  land  of  three  thousand  two  hundred  arpens,  described  in 
the  act  to  which  this  is  supplementary,  upon  any  of  the  unappropriated 
public  lands  in  the  southwestern  district  of  lands  south  of  Red  River, 
in  portions  of  not  less  than  eight  hundred  superficial  arpens,  conform- 
ing, as  nearly  as  practicable,  to  the  lines  of  the  public  surveys:  Provided, 
That,  in  addition  to  the  release  heretofore  executed,  the  said  Flaujac 
shall  further,  within  one  year  from  the  passage  of  this  act,  release  to 
the  United  States,  in  such  form  as  the  Commissioner  of  the  General 
Land  Office  may  direct,  all  right,  title,  and  claim  to,  or  in  any  lands 
heretofore  located,  pursuant  to  the  act  of  which  this  is  a  supplement: 
And  provided  further,  That  the  new  location  herein  authorized,  shall  be 
made  in  one  year  from  and  after  the  passage  of  this  act.  (a) 

(a)  See  Xos.  758,  855. 


May  1,  1834. 
Vol.  6,  p.  559. 

Authorized  to 


Proviso. 


Proviso. 


No,  806.—  AN  ACT  for  the  relief  of  John  L.  Lobdell.  May  1,  1834. 

Be  it  enacted,  $-c.,  That  John  L.  Lobdell  be,  and  he  is  hereby,  con-  -  —  -1 
firmed  in  his  title  to  a  tract  of  land  containing  seven  hundred  superficial     Land  title  con- 
arpens,  situated  on  the  west  bank  of  the  Mississippi,  in  the  parish  of  flrmed- 
West  Baton  Rouge,  opposite  Brown's  Island  ;  it  being  the  same  tract 
of  land  granted  to  Stephen  Watts,  by  the  Spanish  Government,  on  the 
twelfth  day  of  December,  one  thousand  seven  hundred  and  ninety- 
eight,  by  patent  bearing  that  date,  as  the  same  was  surveyed  by  Carlos 
Trudeau,  at  that  time  surveyor-general  of  the  province  of  Louisiana  : 
Provided,  That  this  act  shall  be  taken  and  construed  only  as  a  relinquish-     Proviso. 
ment  on  the  part  of  the  United  States,  and  not  to  prejudice  the  rights 
of  third  persons. 


No.  807.—  AX  ACT  for  the  relief  of  Luther  L.  Smith.  May  14,  1834. 

Be  it  enacted,  #c.,  That  it  shall  be  lawful  for  Luther  L.  Smith,  of  the  -  — 
parish  of  West  Feliciaua,  in  the  State  of  Louisiana,  at  any  time  within     MaT  enter  and 
six  mouths  from  and  alter  the  passage  of  this  act,  to  enter  and  purchase  ^[and?6 
at  the  laud  office  at  Helena  Courthouse,  af  the  price  of  one  dollar  and 
twenty-five  cents  per  acre,  a  tract  of  land  situated  in  said  parish  of 
West  Feliciana,  said  to  contain  two  hundred  and  seventy-nine  arpens, 
French  measure,  it  being  the  same  that  was  conveyed  by  Nicholas  de 
Semils,  by  order  of  the  intendant-general  of  West  Florida,  as  appears 
by  his  process  verbal  bearing  date  the  fifth  day  of  May,  one  thousand 
eight  hundred  and  ten,  and  numbered  eighteen  hundred  and  thirty  -five, 
and  recorded  in  the  office  of  the  clerk  of  commissioners  of  land  claims 
west  of  Pearl  River  and  east  of  the  Mississippi  in  book  E,  number  one, 
folio  one  hundred  and  thirty-eight  :  Provided,  It  shall  appear  to  the    Proviso. 
satisfaction  of  the  register  and  receiver  for  the  district  aforesaid,  that 
the  said  tract  of  land  is  a  part  of  the  public  domain. 


No.  808.— AX  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Frances     June  18, 1834. 
Barham,  deceased,  and  her  husband,  Fielding  Barham.  Vol.  6,  p.  563. 

Be  it  enacted,  <$-c.,  That  six  hundred  and  forty  acres  of  land,  situated  Patent  for  640 
in  the  parish  of  East  Feliciana,  on  Carr's  Creek,  in  the  State  of  Louis  acres  to  issue, 
iana,  to  be  located  so  as  to  embrace  the  improvements  of  Frances  and 
Fielding  Barham,  be,  and  the  same  is  hereby,  confirmed,  as  a  donation 
to  the  heirs  and  legal  representatives  of  tbe'said  Frances  and  Fielding 
Barham,  and  the  Commissioner  of  the  General  Land  Office  of  the  United 
States  is  hereby  required  to  issue  a  patent,  in  the  usual  form,  for  the 
same  :  Provided,  That  the  said  heirs  or  representatives,  or  any  one  else, 
shall  not  be  entitled  to  but  one  settlement  right  upon  the  account  of 
the  settlement  made  by  the  said  aforesaid  Francis  or  Fielding,  or  both 
or  either  of  them  :  Provided,  further,  That  the  title,  hereby  conveyed, 
shall  not  be  construed,  so  as  to  prejudice  the  rights  of  third  persons, 
or  as  anything  more  than  a  quit-claim  title  on  the  part  of  the  United 
States. 


Proviso. 


Proviso. 


360  LOUISIANA. 

'  June  19, 1834.  IVo.  809.— AN"  ACT  for  the  relief  of  the  heirs  of  Alexander  Boyd,  deceased. 

Be  it  enacted,  #c.,  That  the  heirs  of  Alexander  Boyd,  deceased,  be,  and 


Land  claims  they  are  hereby,  confirmed  in  their  claim  to  three  hundred  arpens  of 
land,  situated  on  the  left  bank  of  the  river  Comite,  in  the  State  of 
Louisiana,  to  be  located  according  to  a  plat  of  survey  made  of  said  land 
by  Don  Vincent  Sebastian  Pentardo,  on  the  twenty-ninth  of  August,  one 
thousand  seven  hundred  and  ninety-nine,  and  approved  by  the  royal 
surveyor  of  the  province,  Carlos  Trudeau,  on  the  twentieth  November, 

Proviso.  one  thousand  seven  hundred  and  ninety -nine  :  Provided,  That  nothing 

in  this  act  contained  shall,  in  any  manner,  affect  the  rights  of  third 
persons,  or  any  claim  derived  from  the  United  States,  by  purchase  or 
donation. 


June  26, 1834.  No.  810.— AN  ACT  for  the  relief  of  Asher  Morgan  and  others. 

)P' 1_     Be  it  enacted,  #c.,  That  Asher  Morgan  and  the  heirs  at  law  of  Philip  Fitz- 

Authorized  to  gerald,  deceased,  be,  and  they  are  hereby,  authorized  to  purchase  quarter- 
enter  land.  sections  number  twenty-three  and  twenty-four,  in  township  twenty-one, 
and  range  thirteen  east,  in  the  district  of  lands  north  of  the  Red  River, 
in  the  State  of  Louisiana,  near  Lake  Providence,  according  to,  and  in 
pursuance  of,  the  provisions  of  an  act  of  Congress  passed  the  twenty- 
ninth  of  May,  one  thousand  eight  hundred  and  thirty,  giving  the  right 
of  pre-emption  to  actual  settlers  in  said  district. 

SEC.  2.  And  be  it  further  enacted,  That  the  register  and  receiver  of  said 
district  be,  and  they  are  hereby,  required  to  select  two  other  quarter- 
sections  in  said  township,  to  be  applied  to  the  use  and  purposes  to 
which  said  quarter-sections  have  been  heretofore  assigned  by  them. 


June  28, 1834.     No.  811.— AN  ACT  confirming  the  title  of  Samuel  Vail  in  a  certain  tract  of  land 
Vol.  i ,  p.  574.  in  the  parish  of  East  Baton  Rouge,  Louisiana. 


Land  title  con-  I>e  M  enacted,  #c.,  That  Samuel  Vail,  of  the  parish  of  East  Baton 
firmed.  Rouge,  Louisiana,  be  confirmed  in  his  title  to  two  hundred  and  forty  su- 

perficial arpens  of  land  in  said  parish,  adjoining  lands  of  John  Seay, 
on  the  north,  Philip  Hicky,  on  the  south,  on  the  east  by  vacant  land, 
and  on  the  west  by  laud  of  Antonio  Grass  and  Armaud  Duplantu,  con- 
veyed to  Jesse  Ratcliff  in  pursuance  of  a  grant  made  by  the  Spanish 
Governor,  Don  Manuel  Gayoso  de  Lemos,  of  the  fourteenth  February, 
seventeen  hundred  aud  ninety-nine,  and  by  sundry  mesne  conveyances, 

Proviso.  vested  in  the  said  Samuel  Vail :  Provided,  That  this  act  shall  be  con- 

strued only  as  a  release  from  the  Government  of  the  United  States, 
and  not  to  affect  the  titles  of  any  third  persons. 


June  28, 1834.      No.  812.— AX  ACT  for  the  relief  of  Marguerite  Baron,  widow  of  Jean  Pierre 
Vol.-  6,  p.  575.  Ledoux. 


Title  confirmed     Be  it  enacted  ^c.,  That  Marguerite  Baron,  widow  of  Jean  Pierre  Le- 

to  a  certain  tract  doux,  be,  and  she  is  hereby,  confirmed  in  her  title  to  a  tract  of  land  of 

of  land.  twenty  arpens  in  front  on  the  Mississippi,  and  forty  arpens  in  depth, 

which  tract  is  situated  on  the  left  bank  of  the  Mississippi,  in  the  parish 

of  West  Feliciana,  in  the  State  of  Louisiana,  at  what  is  called  "Isle  aux 

Chats,"  or  Cats'  Island ;  this  being  the  same  tract  of  land  which  was 

granted  by  the  Spanish  Government  to  Jean  Pierre  Ledoux  in  the  year 

one  thousand  seven  hundred  and  eighty-eight. 

Also,  to  anoth-     SEC.  2.  And  be  it  further  enacted,  That  Marguerite  Baron,  widow  as 

er  tract.  aforesaid,  be,  and  she  hereby  is,  confirmed  in  her  title  to  another  tract  of 

land  of  twenty  arpeus  in  front  on  the  Mississippi,  and  five  arpeus  in 

depth,  which  tract  of  land  lies  immediately  adjoining  the  tract  in  the 

first  section  of  this  act  named,  and  it  being  the  same  tract  of  land  which 

was  granted  by  the  Spanish  Government  to  Pierre  or  Lasty  Ledoux,  son 

of  the  said  Marguerite  Baron,  on  the  eighteenth  day  of  December,  one 

Proviso.  thousand  seven  hundred  and  eighty-eight :  Provided,  That  this  act  shall 

operate  only  as  a  relinquishmeut  on  the  part  of  the  United  States,  and 

shall  not  affect  the  rights  of  any  third  person. 


LOUISIANA.  361 

IVo.  S13.— AX  ACT  in  reference  to  pre-emption  rights  in  the  southeastern  district     June  28,  1834. 

of  Louisiana.  Vol.  4,  p.  708. 

Be  it  enacted,  £c.,  That  the  pre-emption  rights  granted  by  the  register    Register  of 
and  receiver  of  the  land  office  at  New  Orleans,  to  certain  individuals  land  office  to  is- 
claimiug  the  same,  in  the  southeastern  laud  district  of  Louisiana,  un-  JJ^fonnitv  with 
der  the  act  of  Congress  approved  fifth  April,  eighteen  hundred  and  acts  of  April  5, 
thirty- two,  entitled  "An  act  supplementary  to  the  several  laws  for  the  1832,  and  June  15J 
sale  of  public  lands,"  and  the  act  approved  fifteenth  June,  eighteen  183-2. 
hundred  and  thirty-two,  entitled  "  An  act  to  authorize  the  inhabitants 
of  the  State  of  Louisiana  to  enter  the  back-lands,"  be,  and  they  are 
hereby,  confirmed  ;  and  the  register  of  the  land  office  is  hereby  directed 
to  issue  patent  certificates  accordingly. 

SEC.  2.  And  be  it  further  enacted,  That  the  resurvey  made  under  the     Kesurvey     on 
supervision  of  the  surveyor-general  of  Louisiana,  of  certain  lands  on  bayou    St.    Vin- 
the  bayou  St.  Vincent,  in  sections  designated  as  numbers  one  hundred  ce 
and  ten  and  one  hundred  and  forty- three,  in  township  thirteen  of  range 
fourteen  east,  situate  in  the  southeastern  district  of  Louisiana,  and 
which   resurvey  purports  to  include  the  improvements  of  the  actual 
settlers  within  its  limits,  claiming  the  rights  of  pre-emption  thereto 
under  the  act  o  I  fifth  April,  eighteen  hundred  and  thirty-two,  aforesaid, 
be,  and  the  same  is  hereby,  confirmed  ;  and  payments  may  be  made  and 
patents  issued  in  accordance  therewith,  (a) 

(a)  SeeNos.  "04,  708,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  818,  849,  858,  860,  897,  899, 
919,  920,  928,  963. 

IVo.  814. — AN  ACT  for  the  relief  of  Antoine  Cruzat.  June  30  1834. 

Be  it  enacted,  $-c.,  That  there  shall  be,  and  hereby  is  confirmed  unto     YoL6'p-584' 
Autoine  Cruzar,  as  a  donation,  three  arpens,  nineteen  perches,  and  sixty-     Donation  of 
nine  feet  in  superfices,  agreeably  to  the  plat  of  survey  made  by  Viucente  land. 
Sebastian  Pintado,  on  the  nineteenth  July,  one  thousand  eight  hundred 
and  five  ;  the  same  situated  in  the  parish  of  East  Baton  Rouge,  east  of 
the  fort  about  three  hundred  a?ad  twenty-five  toi.^s,  in  the  State  of 
Louisiana?  and  that  a  patent  shall  issue,  and  be  granted  by  the  Com- 
missioner of  the  General  Land  Office  of  the  United  States,  on  the  appli- 
cation of  the  said  Antoine  Cruzat,  for  the  above-described  tract  of  land : 
Provided,  That  the  said  Antoine  Cruzat  has  not,  and  shall  not  claim  any     Proviso 
other  lauds  in  right  of  settlement  and  cultivation  ;  and   that  this  act 
shall  operate  only  as  a  relinquishment,  on  the  part  of  the  United  States, 
of  all  their  right  and  claim  to  the  said  land,  and  shall  not  interfere 
with,  or  affect,  the  right  or  claim  of  other  persons. 


No.  815.— AN  ACT  granting  to  General  Philemon  Thomas,  of  Louisiana,  a  tract  of  June  30, 1834. 
land  in  consideration  of  the  military  services  rendered  by  him  in  taking  possession  Vol.  6  p'.  592. 
of  that  portion  of  West  Florida  included  in  the  district  of  Baton  Rouge.  '  1_ 


Be  it  enacted,  #c.,  That  Major-General  Philemon  Thomas  be,  and  he  is     Authorized   to 
hereby,  authorized  to  enter,  without  payment,  at  the  proper  land  office,  enter  land  in  Lou- 
on  any  of  the  public  lands  within  the  State  of  Louisiana,  the  quantity isiana< 
of  i  welve  hundred  and  eighty  acres  of  land  :  Provided,  That  the  same     Proviso 
felusll  be 'located  in  tracts  of  not  less  than  six  hundred  and  forty  acres, 
according  to  legal  subdivisions. 


No.  816. — AN  ACT  for  the  relief  of  the  legal  representatives  of  Laurence  Milligan,     June  30  1834. 

deceased.  Vol.  6,  p.  599. 


!><•  it  enacted,  #c.,  That  the  legal  representatives  of  Laurence  Milligan,  Authorized  to 
deceased,  be,  and  they  are  hereby,  authorized  to  locate,  within  twelve  locate  land, 
months  after  the  passing  of  this  act,  under  the  direction  of  the  register 
and  receiver  of  the  western  district  of  Louisiana,  on  any  unlocated 
lands  in  said  district,  a  tract  not  exceeeding  eight  hundred  arpens ; 
which  said  tract  shall  be  granted  to  the  representatives  of  the  said 
Laurence  Milligan  in  lieu  of  an  equal  quantity  confirmed  to  him  by  a 
board  of  commissioners,  under  a  certificate  marked  B,  number  nine  hun- 
dred and  seven, and  subsequently  sold  by  the  United  States;  and  that 
the  proper  officers  of.  the  Government  be  authorized  and  directed  to 
issue  a  patent  to  the  said  representatives  accordingly. 


.'  62  LOUISIANA. 

Feb.  6, 1835.         No.  817 — AX  ACT  for  the  final  adjustment  of  claims  to  lands  in  the  State  of  Louis- 
Vol.  4,  p.  749.  iana. 


Valid  claims  to  Be  it  enacted,  <$'c.,  That  any  person  or  persons  having  claims  to  lands  in 
be  presented  to  the  Stateof  Louisiana,  whose  claims  have  been  recognised  by  former  lawtj 
ceRerwitMjitwo  as  vali.d»  but  WQich  have  not  heretofore  been  confirmed  to  the  grantees 
years.  or  their  legal  representatives,  be,  and  they  are  hereby,  authorized  to 

present  their  claims  to  the  register  and  receiver  of  the  land  office  in 
which  the  land  may  lie,  within  two  years  from  the  passage  of  this  act, 
together  with  the  written  and  other  testimony  in  support  of  the  same, 
and  it  shall  be  the  duty  of  the  register  and  receiver  to  record  in  a  book 
to  be  kept  by  them  for  that  purpose,  the  notice  of  every  claim  so  pre- 
ferred, together  with  the  evidence  in  support  of  the  same  ;  and  the  said 
"egister  and  receiver  are  hereby  further  authorized  to  receive  any  evi- 
dence for  and  on  behalf  of  other  individuals  who  may  resist  the  con- 
firmation of  any  such  claim  either  on  their  own  behalf,  or  that  of  the 
United  States,  and  cause  to  be  taken  any  evidence  which  shall  be  deemed 
necessary  and  proper  by  them  to  have  such  claim  properly  and  justly 
settled,  and  to  have  the  same  likewise  recorded  iu  said  book,  for  which 
service,  in  recording  the  applicant's  title-papers  and  evidence,  they  shall 
be  entitled  to  receive  from  said  applicant  at  the  rate  of  twenty-five  cents 
for  every  hundred  words. 

Report  of   the     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  regis- 

claims,  with  tes-  ters  and  receivers  of  the  land  offices,  at  or  before  the  beginning  of  each 

ion^Jn51  validity  8ession  of  Congress  thereafter,  to  make  to  the  Secretary  of  the  Treasury 

of   each,  to  b  e  a  report  of  the  claims  which  may  have  been  presented  before  them, 

made,  and  laid  together  with  the  testimony,  accompanied  by  their  opinionsof  the  valitl- 

before  Congress,  ity  of  each  claim,  and  such  other  information  respecting  them  as  may 

Le  iii  their  possession,  which  said  report  shall,  by  the  Secretary  of  the 

Treasury,  be  laid  before  Congress  as  soon  as  practicable,  with  the  opinion 

of  the  Commissioner  of  the  General  Land  Office,  touching  the  validity 

of  the  respective  claims.  («) 

(a)  SeeXos  (599.  701,  70?,  704.  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  723,  731,  732, 
7117,  73*,  7J9,  740,  7-15,  746,  749,  752,  7:.3,  777,  790,  819,  826,  852,  863,  864,  873,  889,  899, 
904,911,946.950,957,961.967. 


Feb.  24, 1835.       No.  818. — AX  ACT  supplementary  to  an  act,  entitled  "An  act  to  authorize  the  inhab- 
VoL  4,  p.  753.  itanti  of  the  State  of  Louisiana  to  enter  the  back-lands." 


Time  for  enter-  Be  it  enacted,  <$-c.,  That  the  time  given  by  the  act  to  which  this  is  a 
ing  lands  on  riv-  supplement,  to  the  owners  of  lands  bordering  on  any  of  the  rivers,  creeks, 
ers,  <fcc.,  extended  bayous  or  other  water-courses  of  the  State  of  Louisiana,  to  become  the 
&r  ™  purchasers  by  preference,  of  the  back-tracts  adjacent  to  those  owned 
by  them,  be,  and  the  same  is  hereby,  extended  one  year  from  the  fifteenth 
of  June  next,  (a) 

(a)  See  Xos.  704,  708,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,  849,  858,  860,  897, 
899,  919,  920,  928,  963. 


March  3, 1835.  No.  819.— AX  ACT  supplementary  to  the  act  of  the  fourth  of  July,  eighteen  hun- 
Vol.  4,  p.  779.  dred  and  thirty -two,  entitled  '  'An  act  for  the  final  adjustment  of  the  claims  to  lands 
in  the  southeastern  district  of  Louisiana.'' 


Claims   con-     Be  it  enacted,  #c.,  That  the  claims  for  lands  within  the  southeastern 
finned.  district  of  the  State  of  Louisiana,  described  by  the  register  and  receiver 

of  the  said  district,  in  their  report  to  the  Secretary  of  the  Treasury, 
bearing  date  the  fifth  of  September,  eighteen  hundred  and  thirty-three, 
at  New  Orleans,  be,  and  the  same  are  hereby.confirmed  against  any  claim 
on  the  part  of  the  United  States,  except  the  different  applications  here- 
inafter specified,  to  wit :  in  class  A  of  said  report,  the  following  num- 
bers :  three,  ten,  twenty-fiv  5,  thirty-two,  thirty-eight,  and  forty-six. 

In  class  B,  of  said  report,  the  following  numbers,  twenty- six,  twenty- 
eight,  twenty-nine,  nineteen,  twenty-three,  forty-seven,  thirteen,  thirty- 
five,  forty -two,  and  forty-three. 

In  class  C,  of  said  report,  the  following  numbers :  six,  one  hundred 
and  eighty-six,  two  hundred  and  twenty,  two  hundred  and  twenty-one, 
and  eighty-six,  eighty- four  and  eighty- five,  forty,  one  hundred  and  sev- 
enty-six, one  hundred  and  seventy-seven,  one  hundred  and  seventy- 
eight,  one  hundred  and  seventy-nine,  one  hundred  and  ninety-one,  one 
hundred  and  ninety-eight. 
Transcript  of  SEC.  2.  And  be  it  further  enacted,  That  it  shiill  be  the  duty  of  the  regie- 


LOUISIANA. 


363 


ter  and  receiver,  in  said  district,  to  make  out  a  full  and  perfect  trans-  title-papers,  &c., 
cript  of  all  the  title-papers  and  of  the  evidence  in  their  office,  in  relation  to  be  reported  to 
to  the  numbers  excepted  in  the  first  section  of  this  act,  and  report  the  Treasury     and 
same  to  the  Secretary  of  the  Treasury,  with  such  other  and  further  in-  iaiQ  before  Con- 
formation in  relation  to  said  claims,  as  may  be  directed  by  the  Secre-  gress. 
tary  of  the  Treasury,  for  the  final  and  just  settlement  of  said  claims  on 
or  before  the  commencement  of  the  next  session  of  Congress  ;  and  he 
is  hereby  required  and  directed  to  report  the  same  to  Congress  as  early 
as  practicable  thereafter,  with  his  opinion  touching  the  validity  of  said 
claims,  (a) 

(a)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,  738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  826,  852,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


No.  820.— AN  ACT  for  the  relief  of  Lemuel  Tanner,  assignee  of  Pierre  Dufreane. 

Be  it  enacted,  $c.,  That  Lemuel  Tanner,  assignee  of  Pierre  Dufresne, 
be,  and  he  is  hereby,  authorized  to  locate  within  twelve  months  after 
the  passage  of  this  act,  under  the  direction  of  the  surveyor-general  of 
Louisiana,  on  any  unlocated  lands  in  said  State,  a  tract  not  exceeding 
six  hundred  and  forty  acres  of  land  ;  which  said  tract  shall  be  granted 
to  the  said  Lemuel  Tanner,  in  lieu  of  an  equal  quantity  confirmed  to 
him  by  the  register  and  receiver,  under  a  certificate  number  five  hun- 
dred and  eighty-eight ;  and  that  the  proper  officers  of  the  Government 
be  authorized  and  directed  to  issue  a  patent  accordingly. 


March  3, 1835. 
Vol.  6,  p.  613. 

Authorized   to 
a  tract  of 


No.  821.— AN  ACT  to  revive  and  extend  the  provisions  of  an  act  passed  on  the  June  23, 1836. 
twenty-fourth  May,  eighteen  hundred  and  twenty-four,  entitled  "  An  act  for  the  Vol.  6,  p.  643. 
relief  of  the  representatives  of  John  Donelson,  Stephen  Herd,  and  others." 

[Act  of  March  24, 1824,  authorizing  entry  of  5,000  acres  of  land,  ex- 
tended ;  land  may  be  entered  in  Louisiana,  &c.  See  MISSISSIPPI,  No. 
1364.] 


No.  822.—  AN  ACT  to  grant  to  the  New  Orleans  and  Nashville  Eailroad  Company 
the  right  of  way  through  the  public  lands  of  the  United  States. 


July  2,  1836. 
Vol.  5,  p.  65. 


Be  it  enacted,  fc.,  That  there  be,  and  is  hereby  granted  to  the  New     Eight  of  way 
Orleans  and  Nashville  Eailroad  Company  incorporated  by  the  several  granted. 
States  through  which  the  said  road  is  intended  to  pass,  the  right  of 
•way  through  such  portion  of  the  public  lands  as  remain  unsold,  Pro-    Proviso. 
vided,  That  the  portion  of  the  public  lands  occupied  therefor,  shall  not 
exceed  eighty  feet  in  breadth ;  that  the  route  of  the  said  road  shall  be 
surveyed  and  designated  through  the  public  lands,  by  plain  marks,  or 
monuments,  and  copies  of  the  notes  of  survey,  with  a  plat  or  plats 
thereof,  and  a  description  of  the  said  landmarks  or  monuments  and 
their  connection  with  the  prior  official  surveys  of  the  adjacent  lands, 
be  transmitted  to  the  General  Land  Office  in  Washington,  within  sixty 
days  after  the  said  surveys  and  plats  are  completed,  and  that  they  be 
completed  within  two  years  from  the  date  of  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  for  such  depots,  watering-places     Land  for  work- 
and  workshops  as  may  be  essential  to  the  convenient  use  of  the  said  sh°Ps» &c- 
road ;  there  shall  be  also  granted  to  the  said  company,  such  portions  of 
the  public  land,  as  they  may,  under  like  restrictions  and  conditions, 
select,  on  either  side  of  the  said  road:  Provided,  That  not  more  than     Proviso, 
five  acres,  to  be  laid  off  in  a  square  form,  shall  be  selected  for  such  use 
or  purpose,  at  anyone  place;  Provided,  also,  That  not  more  than  one     Proviso, 
such  square  shall  be  granted  for  every  fifteen  miles  of  the  said  road 
lying  within  the  public  lands;  And  provided,  moreover,  That  such  selec-     Proviso, 
tions  shall  be  approved  by  the  Secretary  of  the  Treasury  for  the  time 
being. 

SEC.  3.  And  be  it  further  enacted,  That  so  long  as  the  public  lands  in     Materials  may 
the  vicinity  of  the  sai/1  road  shall  remain  unsold,  the  said  company be  taken, 
shall  have  power  to  take  therefrom,  such  materials  of  earth,  stone,  or 
wood,  as  may  be  necessary  for  the  construction  of  the  said  road,  Pro-    Proviso. 
vided,  That  the  grants  herein  contained,  as  well  of  the  use  of  the  pub- 
lic lands,  as  of  the  materials  for  the  construction  of  the  said  road,  shall 
cease  and  determine,  unless  the  road  be  begun  within  the  period  of  two 


364 


LOUISIANA. 


years  from  the  date  of  this  act,  and  completed  within  eight  years  there- 
Proviso,  after.    And  provided,  moreover,  That  if  the  said  road  shall,  at  any  time 
after  its  completion,  be  discontinued  or  abandoned  by  the  said  com- 
pany, the  grants,  hereby  made,  shall  cease  and  determine,  (a) 

(a)  See  X  os.  828, 829, 920, 924, 962, 964,  966. 


July  2, 1836.  Xo.  S23.— AX  ACT  for  the  relief  of  Antonio  Segura,  and  others. 

! —  Be  it  enacted,  tf-c.,  That  each  of  the  following  persons  be,  and  they 

Authorized  to  are  hereby,  authorized  to  locate  a  quarter-section  of  land,  out  of  any 

land*6  a  traCt  of  unappropriated  lands,  subject  to  private  entry,  within  the  southwestern 
district  of  Louisiana,  south  of  Red  River,  to  wit :  The  widow  of  Fran- 
cisco Segura,  Antonio  Romero,  Louis  Segura,  Eloy  Segura,  Rafael  Segura, 
St.  Jago  Segura,  Nicholas  Goudran,  the  widow  Viator,  and  Matildo 
Proviso.  Segura,  wife  of  Juan  Miguel :  Provided,  That  in  making  said  location 

they  shall  conform  to  the  lines  of  the  public  surveys.  And  it  shall  be 
the  duty  of  the  Commissioner  of  the  General  Land  Office  to  issue  to 
each  of  the  above-named  persons,  or  their  legal  representatives,  a  pat- 
ent for  said  lands,  as  soon  as  they  shall  have  located  the  same. 


July  2,  1836.        No.  824.—  AX  ACT  for  the  relief  of  the  heirs,  or  their  legal  representatives,  of 
VoL  6,  p.  668.  "William  Conway,  deceased. 

Authorized  to  Be  it  enacted,  <$-c.,  That  the  heirs  of  William  Conway,  deceased,  or 
locate  two  tracts  their  legal  representatives,  be,  and  they  are  hereby,  authorized  to  locate, 
of  land.  within  twelve  months  from  the  passage  of  this  act,  on  any  unappropri- 

ated public  lands  in  the  State  of  Louisiana,  one  thousand  and  seventy 
acres  thereof,  in  a  body  in  contiguous  tracts  according  to  the  legal  sub- 
divisions of  the  public  surveys  ;  and  that  they  are  further  authorized 
to  locate,  on  any  of  the  public  lauds  in  said  State  subject  to  entry,  the 
quantity  of  two  thousand  seven  hundred  and  eighty-nine  acres,  under 
the  same  limitations  ;  and  that  the  proper  officers  of  the  Government 
of  the  United  States  be  authorized  and  directed  to  issue  a  patent  or 
Proviso.  patents  accordingly  :  Provided,  however,  That  the  said  heirs  of  William 

Conway,  or  their  legal  representatives,  within  one  year  after  the  pas- 
sage of  this  act,  and  previous  to  making  the  locations  authorized  by  it, 
shall  execute  a  release,  in  favor  of  the  United  States,  of  the  land  orig- 
inally included  in  three  grants  from  the  Government  of  Spain,  and  con- 
firmed by  the  commissioners  for  investigating  land  titles  in  the  district 
west  of  Pearl  River,  by  the  reports  numbered  forty-eight,  forty  -nine, 
and  fifty,  (a) 

(a)  See  Xos.  941,  956. 


July  2,  1836.  jfo.  825.—  AX  ACT  for  the  relief  of  James  Bradford,  of  Louisiana. 

VoL  6,  p.  681. 
-  -      Be  it  enacted,  $'c.,  That  James  Bradford,  of  Louisiana,  shall  be,  and 

Confirmed  in  jje  hereby  is,  confirmed  in  his  right  to  four  hundred  and  twenty-seven 
tract"?  land  &  arPens  °f  land,  situated  in  the  parish  of  West  Feliciana,  in  the  State 
of  Louisiana,  fronting  on  the  Mississippi  River,  three-quarters  of  a  mile 
below  the  mouth  of  Bayou  Sarah,  bounded  on  the  upper  side  by  lands 
granted  to  William  Williams  ;  below  by  those  of  Augustin  Allain  ;  and 
back  by  those  of  the  aforesaid  Williams  .and  others  ;  and  the  register 
of  the  land  office  in  the  proper  district,  on  a  presentation  of  the  survey 
and  Spanish  patent  for  the  said  tract,  shall  cause  an  entry  thereof  to  be 
made,  and  grant  him  a  certificate  therefor,  whereupon  a  patent  shall 

Proviso.  issue  for  the  same  in  due  form  :  Provided,  however,  That  this  act  shall 

operate  only  as  a  relinqnishment,  on  the  part  of  the  United  States,  of 
their  right  and  claim  to  the  said  tract  of  land,  but  shall  not  interfere 
with  the  claim  or  claims  of  other  persons. 


July  4, 1836.  nro.  826.— AX  ACT  confirming  claims  to  land  in  the  State  of  Louisiana. 

Be  it  enacted,  <j-c.,  That  the  decisions  in  favor  of  land  claimants  made 

Decisions      j  f  ky  tne  register  and  receiver  of  the  land  office  in  New  Orleans,  under 

firmedfwith  °c°  r~-  d^6  the  nrst  of  December,  eighteen  hundred  and  thirty-five,  by  virtue 

tain  exceptions,    of  an  act  entitled  "An  act  for  the  final  adjustment  of  claims  to  laud  in 


LOUISIANA.  365 

the  State  of  Louisiana,"  which  have  been  laid  before  Congress  at  the 
present  session  by  the  Secretary  of  the  Treasury,  be,  and  the  same  are 
hereby,  confirmed,  with  the  exception  of  the  claims  of  Narcisse  Car- 
mouciie,  Julie  Alexandrie,  and  Martin  Major,  Nicholas  Bara,  and  Francis 
Menard,  saving  and  reserving,  however,  to  all  adverse  claimants,  the 
right  to  assert  the  validity  of  their  claims  in  a  court  of  justice,  (a) 

(a)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731, 
732,  737,  738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  852,  863,  864,  873, 
889,  899,  904,  911,  946,  956,  957,  961,  967. 


No.  827.— AN  ACT  confirming  the  claim  of  the  heirs  of  Michael  Dragon  to  certain     March  2, 1837. 
tracts  of  land  therein  mentioned.  Vol.  6,  p.  689. 


Be  it  enacted,  $*c.,  That  the  claims  of  Andria  Demetry,  or  the  heirs  of    Land  claim  con- 
Michael  Dragon,  deceased,  to  three  several  tracts  of  land  situate  on  thefirmed. 
bay  of  Saint  Louis,  in  the  State  of  Louisiana,  the  titles  to  which  were 
derived  from  the  Spanish  Government  of  that  country,  and  containing 
together  five  thousand  nine  hundred  and  sixty-eight  arpens,  be,  and  the 
same  hereby  are,  confirmed,  in  conformity  with  the  report  made  by  the 
register  and  receiver  of  the  land  district  of  St.  Stephen's,  acting  as 
commissioners  under  the  third  section  of  the  act  approved  the  second 
March,  eighteen  hundred  and  twenty-nine,  entitled  "An  act  confirming 
the  report  of  the  register  and  receiver  of  the  land  office  for  the  district 
of  St.  Stephen's,  in  the  State  of  Alabama,  and  for  other  purposes,"  dated 
the  sixteenth  of  February,  eighteen  hundred  and  thirty -four  :  Provided,    Proviso. 
This  confirmation  does  not  interfere  with  any  title  or  right,  if  such  ex- 
ist, to  any  part  of  the  said  land,  acquired  by  any  individual  or  individ- 
uals under  the  laws  of  the  United  States. 


No.  828.— AN  ACT  to  grant  the  Atchafalaya  Railroad  and  Banking  Company  the     March  3, 1837. 
right  of  way  through  the  public  lands  of  the  United  States.  Vol.  5,  p.  196. 


Be  it  enacted,  <$-c.,  That  there  be,  and  is  hereby  granted  to  the  Atcha-  The  right  of 
falaya  Railroad  and  Banking  Company,  a  corporation  created  by  the  way  granted 
legislature  of  the  State  of  Louisiana,  the  right  of  way  through  such  por- t  h  *°£  %  ^s^he 
tions  of  the  public  land  as  the  road  or  roads  of  said  company  is  autho-  j^d.1  gha^  pass 
rized  by  its  charter  to  construct,  shall  pass :  Provided,  That  the  portion  Proviso. 
of  the  public  land  occupied  thereby  shall  not  exceed  eighty  feet  in  width. 

SEC.  2.  And  be  it  further  enacted,  That  the  route  of  said  road  and  its     The    route    of 
branches,  shall,  at  the  expense  of  the  aforesaid  company,  be  surveyed  8aid  ^^ed^and 
and  designated  through  the  public  lands  by  plain  marks  or  monuments,  designated 
and  copies  of  the  field-notes,  with  plat  or  plats  of  the  lands,  and  a  de-  through  the  pub- 
scription  of  the  said  landmarks  or  monuments,  and  their  connection  lie  lands,  &c. 
with  the  previous  official  surveys  of  the  adjacent  lands,  shall  be  returned 
to  the  office  of  the  surveyor-general  of  the  State  of  Louisiana,  and  to  the 
General  Land  Office  in  Washington,  within  sixty  days  after  the  said 
surveys  or  plats  are  completed,  and  which  shall  be  within  one  year  from 
the  date  of  the  passage  of  this  act. 

SEC.  3.  And  le  it  further  enacted,  That  for  such  depots,  watering-places    Portions  of  the 
and  workshops,  as  may  be  essential  to  the  convenient  use  of  said  road,  public    land 
there  is  also  granted  to  said  company  such  portion  of  the  public  land  as  gJJ*^ 
they  may  under  like  restrictions  and  conditions,  select,  on  either  or  each  v 
side  of  said  road :  Provided,  That  not  more  than  four  acres,  to  be  laid  off    Proviso, 
in  a  square  form,  shall  be  selected  for  such  use  or  purpose  at  any  one 
place,  and  not  more  than  one  such  square  shall  be  granted  for  every  ten 
miles  of  the  said  road  or  its  branches,  lying  within  the  public  lands ; 
which  selections  shall  be  surveyed  and  returned  in  the  manner  afore- 
said, and  approved  by  the  Secretary  of  the  Treasury  for  the  time  being. 

SEC.  4.  And  le  it  further  enacted,  That  so  long  as  the  public  land  in  the    Permission    to 
vicinity  of  said  road  or  its  branches  shall  remain  unsold,  the  said  com-  use  earth,  stone, 
pany  shall  have  permission  to  take  therefrom  such  materials  of  earth, 
stone,  or  wood,  as  may  be  necessary  for  the  construction  of  said  road. 

SEC.  5.  And  le  it  further  enacted.  That  the  grants  herein  contained,  as  The  grants  con- 
well  the  use  of  the  public  lands,  as  of  the  materials  for  the  construction  ™tl ce££r  °,lon 
of  said  road  and  its  branches,  shall  cease  and  determine  and  be  of  nounless  s'ai(1'  roa^ 
effect,  unless  the  said  road  be  commenced  and  completed  within  the  be  commenced 
periods  fixed  by  the  charter  of  the  company ;  and  if  the  said  road  shall  an  d  completed 


366  LOUISIANA. 

-within    the    pe-  be,  at  any  time  after  its  completion,  or  during  the  time  of  its  construc- 
riods  fixed  by  the  tion,  discontinued  or  abandoned  by  said  company,  the  grants  and  privi- 
leges hereby  made  and  allowed  shall  cease  and  determine  and  be  of  no 
effect,  (a) 
(a)  See  Nos.  822,  829.  920,  924,  962, 964, 966. 


Mai  cii  3  1637.    ^°*  829.— AN  ACT  to  authorize  the  Xew  Orleans  and  Carrolton  Railroad  Company 
Vol  5  p  l'J7         to  construct  a  railroad  from  Carrolton  to  the  town  of  Bayou  Sara,  in  the  State  of 
Louisiana. 


Eight  of  way     Be  it  enacted,  $~c.,  That  there  be,  and  is  hereby,  granted  to  the  New 
granted  through  Orleans  and  Carrolton  Railroad  Company,  incorporated  by  the  legisla- 
puXn8lai!d8  re6  tnre  of  Louisiana,  the  right  of  way  throu-h  such  portion  of  the  public 
maiuinj;  unsold.    l:'Mds  remaining  unsold,  for  the  extension  of  their  railroad  from  Car- 
Proviso,  rokon  to  the  town  of  Bayou  Sara,  in  the  said  State  :  Provided,  That  the 
portion  of  the  public  lands  occupied  therefor,  shall  not  exceed  eighty 
feet  in  breadth  ;  that  the  route  of  the  said  road  shall  be  designated, 
and  marked  on  the  ground  by  plain  landmarks,  within  the  period  of 
eighteen  months  from  the  passage  of  this  act,  and  a  copy  of  the  notes 
of  survey  and  plat  thereof  with  a  description  of  the  said  landmarks,  be 
transmitted  to  the  General  Land  Office,  in  Washington,  within  the  pe- 
riod aforesaid. 

Earth,  stone,      SEC.  2.  And  be 'it  further  enacted,  That  so  long  as  the  public  lands  in 
&c.  may  be  used  the  vicinity  of  the  said  road  shall  remain  unsold,  the  said  company 
rema^unsoW      8^a11  nave  Power  *° take  therefrom  such  materials  of  earth,  stone,  and 
Proviso.  wood,  as  may  be  necessary  for  the  construction  of  tho  said  road :  Pro- 

vided, That  the  grants  herein  contained,  as  well  of  the  use  of  the  public 
lauds  as  of  the  materials  for  the  said  road,  shall  cease  and  determine, 
unless  the  same  shall  be  begun  within  the  period  of  two  years  from  the 
date  of  this  act,  and  completed  within  a  period  of  six  years,  (a) 

(a)  See  Xos.  822,  828,  920,  924,  962,  964,  966. 


March  28,  1838.          Wo*  530.— AN  ACT  for  the  relief  of  the  heirs  of  Joseph  Nibert,  deceased. 
Vol,  6,  p.  709.         Be  if  enacttdf  tf.c>  Tnat-   certaiu  lots  of  land  numbered  nineteen, 
Authorized   to  twenty,  and  twenty-one,  in  township  number  twenty,  range  number 
patent  certain  thirteen  east,  containing  lour  hundred  and  eighty-eight  acres  and  sixty - 
land,  hundredths,  in  the  district  north  of  Red  River,  in  the  State  of  Louisi- 

ana, which  has  been  heretofore  sold,  and  paid  for  by  Job  Bass,  deceased, 
be,  and  the  same  is  hereby,  authorized  to  be  patented  to  the  heirs  and 
legal  representatives  of  Joseph  Nibert,  deceased,  assignee  of  said  Job 
Bass,  in  the  same  manner  as  other  lands  granted  to  purchasers  from 
the  United  States,  upon  condition  that  the  Secretary  of  the  Treasury 
shall  first  cause  to  be  surveyed  in  said  district,  ftfr  the  use  and  benefit 
of  schools  in  said  township,  lands  equal  in  value  to  the  above  described 
tracts  of  land  sold  to  the  said  Job  Bass,  deceased. 


July  7,  1838.       No.  831.— AN  ACT  to  establish  additional  land  offices  in  the  States  of  Louisiana 
Vol.  5,  p.  287.  and  Arkansas. 


A  land  office  to  Be  it  enacted,  fyc.,  That  for  the  disposal  of  that  portion  of  the  lands 
be  established  in  belonging  to  the  United  States  in  the  State  of  Louisiana,  within  the 
ies'  following  boundaries,  to  wit :  beginning  at  the  point  on  the  Sabine 
River,  where  the  base  line  or  thirty-first  degree  of  north  latitude  strikes 
the  same  ;  thence  up  said  river  to  the  point  where  the  boundary  line 
between  the  United  States  of  Mexico,  and  the  aforesaid  State  of  Louis- 
iana shall  leave  the  same  ;  thence  with  said  boundary,  when  the  same 
shall  be  finally  fixed,  to  the  northern  boundary  of  the  State ;  thence 
east  with  said  northern  boundary  to  the  dividing  line  between  ranges 
three  and  four  west ;  thence  with  said  dividing  line  south  to  the  base 
line  or  thirty-first  degree  of  north  latitude ;  thence  with  the  said  line 
to  the  beginning :  a  land  office  shall  be  established  and  kept  in  the 
town  of  Natchitoches,  to  be  known  as  the  office  for  the  northwestern 
land  district  in  the  State  of  Louisiana. 

Pvegister   and      gEC>  2.  And  le  it  further  enacted,  That  a  register  and  receiver  of  pub- 
)eap"  lie  moneys  shall  be  appointed  for  said  land  district  in  the  manner  re- 


LOUISIANA.  367 

\ 

quired  by  law,  who  shall  reside  in  the  town  of  Nachitoches  ;  they  shall  pointed;   their 
give  bond  and  security  in  the  same  manner  and  in  the  same  sums,  as  other  "°^dH8'  .  8alarie9, 
registers  and  receivers  in  said  State;  and  their  salaries,  emoluments,  an 
duties  and  authority  shall  in  every  respect  be  the  same,  in  relation  to 
the  lands  in  the  aforesaid  district  as  are  now  given  or  granted  to  the 
registers  and  receivers  in  the  other  land  offices  in  said  State. 

SEC.  3.  And  be  it  further  enacted,  That  during  the  continuance  of  the  act    Duringthe  con- 
entitled  "An  act  to  grant  pre-emption  rights  to  settlers  on  the  public  lands,"  tinuance   of  act 
approved  June  twenty-second,  in  the  year  eighteen  hundred  and  thirty-  Sf ^SteuwS 
eight,  the  register  and  receiver  of  the  aforesaid  land  district  shall  at-  receiver  shall  at- 
tend at  least  once  in  two  months  if  necessary  at  Shreeveport  in  said  dis-  tend  at  Shreeve- 
Trict  for  the  purpose  of  receiving  proof  of  and  acting  on  such  claims  port.  &c- 
for  pre-emption  rights,  as  may  be  presented  to  them  under  said  act,  and 
remaiu.at  said  place  as  long  as  may  be  necessary  not  exceeding  two 
weeks  at  a  time,  and  said  register  and  receiver  shall  give  public  notice 
for  at  least  two  weeks  of  the  time  they  will  attend  at  said  place. 

SEC.  4.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gene-  Commission  e  r 
ral  Land  Office  is  hereby  invested  with  the  authority  to  direct  in  what  of  General  Land 
manner  and  on  what  conditions  the  said  land  office  shall  be  supplied  ^^  the  office 
with  plats  and  copies  of  plats  and  surveys  from  the  offices  now  estab-  8nall  be  supplied 
lished  at  Monroe  and  Opelousas,  and  the  office  of  the  surveyor-general  with  plats,  &c. 
of  Louisiana,  (a) 

*  *  *  *  £  *  * 

(a)  See  Nos.  701,  704,  708,  710,  711,  718,  731,  737,  740,  879,  965. 


No.  832.— AN  ACT  for  the  relief  of  James  L.  Stokes,  and  for  other  purposes.          March  3, 1839. 

P>c  it  enacted,  <$-c.,  That  James  L.  Stokes  is  hereby  permitted  to  com- 
plete his  entry  and  purchase  a  quarter- section  of  land,  situate  in  the     Permitted  to 
land  district  north  of  Red  River,  in  the  State  of  Louisiana,  it  being  the  *°£pl£j£  ,{J£ 
northeast  quarter-section  of  section  'number  sixteen,  township  eleven,  chase  of  certain 
range  eight  east  ;  by  virtue  of  the  act  of  Congress  of  the  twelfth  of  land. 
April,  one  thousand  eight  hundred  and  fourteen,  entitled  "An  act  for  . 
the  final  adjustment  of  land  titles  in  the  State  of  Louisiana  and  Terri- 
tory of  Missouri ;"  any  other  law  to  the  contrary  notwithstanding. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the     Register    an  d 
register  of  the  land  office  and  receiver  of  public  moneys  in  the  district  oth 
aforesaid,  under  the  direction  of  the  Secretary  of  the  Treasury,  to  select  iieU)  &c. 
and  reserve,  for  the  use  of  schools  in  the  aforesaid  township,  other 
lands,  of  the  same  extent  and  quality  within  the  same  or  the  next  ad- 
joining township,  in  lieu  of  the  quarter-section  which  the  said  James  L. 
Stokes  is  hereby  permitted  to  purchase,  and  which  embraces  his  im- 
provements :  Provided,  That  the  said  Stokes  shall  first  obtain  and  file    Proviso, 
with  the  register  of  the  land  office  of  the  district  the  assent  thereto  of 
the  commissioners  of  schools  of  the  parish  in  which  the  lands  lie,  and 
of  a  majority  of  the  free  white  male  inhabitants  of  the  township  over 
twenty-one  years  of  age.  (a) 

(a)  See  Nos.  418, 704, 708,  710, 834,  835,  837,  841,  843,  853,  859,  883,  884,  891, 894,  895,  903. 


No.  833.— AN  ACT  for  the  relief  of  Rosaline  Prudhomme.  March  3,  1839. 

Be  it  enacted,  $-c.,  That  Rosaline  Prudhomme,  widow  of  the  late  Jean 1_L 

Baptiste  Prudhomme,  of  the  county  of  Natchitoches,  in  the  State  of    Land  claim  con- 
Louisiana,  is  hereby  confirmed  in  her  claim  to  a  tract  of  land  situated  nrmed- 
in  the  aforesaid  county,  on  or  near  the  bayou  La  Deesa,  containing 
six  hundred  and  forty  superficial  acres,  being  section  six,  in  township 
number  twelve,  north  of  the  thirty-first  degree  of  north  latitude,  and 
range  number  eleven,  west  of  the  basis  meridian  ;  on  which  said  Rosa- 
line resides  :  Provided,  This  confirmation  shall  only  operate  as  a  relin-     Proviso, 
quishment  to  said  Rosaline  Prudhomme  of  such  rights  as  the  United 
States  may  have  to  said  tract  of  land,  and  shall  not  in  any  manner 
affect  the  rights  of  third  persons  to  the  same  ;  nor  shall  this  confirma- 
tion give  any  right  or  claim  upon  the  United  States  for  indemnification, 
in  case  the  whole  or  any  part  of  said  land  shall  be  lost. 


368  LOUISIANA. 

March  3,  1839.         No.  834.— AX  ACT  ior  the  relief  of  the  hoivs  of  William  Graham,  deceased. 

— —     Be  it  enacted,  <fc.  That,  the  [Secretary  of  the]  Treasury  be,  and  he  is- 


Land  patent  to  hereby,  authorized  to  cause  a  patent  to  be  issued  to  the  heirs  and  legal 
representatives  of  William  Graham,  deceased,  fora  certain  lot  or  quarter- 
section  of  laud,  situated  on  Lake  Providence,  in  the  State  of  Louisiana, 
being  lot  number  sixteen,  in  township  twenty-one,  of  range  twelve 
east ;  the  said  William  Graham,  deceased,  having  heretofore  paid  to 
the  receiver  of  public  moneys  for  the  district  of  lands  north  of  Red 
River,  the  full  amount  for  the  above- described  quarter- section  of  laud, 
the  administrators  of  the  public  schools  and  the  citizens  of  the  town- 
ship having  given  their  assent  thereto. 

Other  land  to     SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
be    selected   for  cause  to  ),e  selected  in  the  same  district  a  section  of  land  for  the  use  of 
schools  in  lieu  of  section  numbered  sixteen,  in  the  first  section  of  this 
act  above  mentioned,  (a) 

fa)  See  Nos.  418,  704,  708,  710,  832,  835,  837,  841,  843,  853,  859,  883,  884,  891.  894,  895,  903. 


March  3,  1839.  No.  835.-AK  ACT  for  the  relief  of  Paul  Poissot. 

Be  it  enacted,  #c.,  That  the  register  of  the  land  office  at  Natchitoches,, 


A  certificate  for  in  the  State  of  Louisiana,  grant  to  Paul  Poissot  a  certificate  for  a 
land  to  be  grant-  quarter- section  of  land,  according  to  the  proper  and  legal  subdivisions,, 
to  embrace  the  settlement  made  by  Francois  Masseppe,  on  the  sixteenth 
section,  in  the  parish  of  Natchitoches,  situated  on  the  southwest  bank 
of  Red  River,  about  twenty-three  miles  above  the  town  of  Natchitoches, 
and  bounded  above  by  the  lands  occupied  by  Jean  Eloi  Rachal,  and 
below  by  the  lands  occupied  by  Baptist  Landreaux,  upon  his  paying 
to  the  register  of  the  land  office  at  Natchitoches  the  sum  of  one  dollar 
and  twenty-five  cents  per  acre,  and  producing  the  certificate  therefor 
from  the  receiver  of  public  moneys  at  Opeldusas. 

Other  land  to     SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 

use  olSools       Cau8e  to  Deselected  one  quarter-section  of  land,  of  one  hundred  and 

sixty  acres,  in  lieu  of  the  quarter-section  in  the  first  section  of  this  act 

named,  out  of  any  of  the  public  lands,  to  be  located  in  the  land  district 

in  which  the  first-named  quarter-section  is  situated,  for  the  use  of 

Proviso.  schools  in  said  township :  Provided,  The  school  commissioners  for  the 

parish  in  which  said  land  is  situated,  and  a  majority  of  the  free  white 

male  inhabitants  of  the  township,  over  twenty-one  years  of  age,  shall 

consent  to  such  change,  (a) 

(a)  See  Nos.  418,  704,  708,  710,  832,  834,  837,  841,  843,  853,  859,  883,  8*1,  891,  894,  895,  903. 


March  3,  1839.    No.  836.— AN  ACT  to  confirm  the  claim  of  Charles  Morgan,  in  right  of  Simon 
Vol.  6.  p.  768.  Porche,  to  a  tract  of  land. 


Land  claim  con-     Be  it  enacted,  ^c.,  That  the  claim  of  Charles  Morgan,  as  the  repre- 
firmed.  sentative  of  Simon  Porche,  to  a  tract  of  land  on  the  Bayou  Grosse  Tete, 

containing,  according  to  a  survey  thereof,  made  in  August,  eighteen 
hundred  and  six,  nine  hundred  and  sixty -nine  acres  and  seventy-four 
hundredths  of  an  acre,  under  an  order  of  survey  in  favor  of  said  Porche, 
given  by  Governor  Miro,  on  the  seventeenth  November,  seventeen  hun- 
dred and  eighty-seven,  be,  and  the  same  is  hereby,  confirmed ;  and, 
upon  the  presentation  of  a  duly  certified  plat  of  the  survey  to  the  Com- 
missioner of  the  General  Land  Office,  a  patent  shall  be  issued  on  the 
same  to  the  said  Morgan  or  his  legal  representatives. 


March  3,  1839.  No.  837.— AN  ACT  for  the  relief  of  Thomas  M.  Burland. 

Vol.6,  p.  776.        Be  ^  enact€dj  ^  Tbat  Thomas  M.  Burland  be,  and  is  hereby,  con- 
Land  purchase  firmed  in  his  purchase  of  fractional  lot  number  one,  of  section  twenty- 
confirmed,  eight,  in  township  number  seventeen  north,  range  thirteen  east,  entered 
and  paid  for  by  him  at  the  land  office  at  Monroe,  in  the  district  for  the 
sale  of  lands  north  of  Red  River,  in  Louisiana,  containing  one  hundred 
and  forty-six  acres  and  fifty-eight  hundredths  of  an  acre,  and  that  a 
patent  be  issued  to  him  for  the  same. 
Other  land  to     SEC.  2.  And  be  it  further  enacted,  That  the  register  of  the  land  office 


LOUISIANA.  369 

at  Monroe,  in  the  district  aforesaid,  shall,  under  the  direction  of  the  be  reserved  for 
Secretary  of  the  Treasury,  designate  in  some  other  place,  and  reserve  use  of  schools, 
for  the  use  of  schools  in  the  aforesaid-township,  a  fractional  section,  or 
quarter-section,  or  lot,  as  nearly  equal  as  rnay  be  in  quantity  and  value 
to  that  hereby  confirmed  to  said  Burland,  and  notify  the  school  admin- 
istrators of  the  parish  in  which  said  township  may  be,  of  such  designa- 
tion and  reservation  as  soon  as  it  shall  be  made,  (a) 
(a)  See  Nos.  418,  704,  708,  710,  832,  834,  835,  841,  843,  853,  859,  883,  834,  891,  894,  895,  903. 


No.  838.— AN  ACT  for  the  relief  of  George  Rowe.  March  3,  1839. 

Be  it  enacted,  #c.,  That  George  Rowe,  a  resident  of  the  parish  of    YoL  6'  p' m 
Ouachita,  in   the  State   of  Louisiana,  is  hereby  authorized  to  locate,     Authorized  to 
within  twelve  months  after  the  passage  of  this  act,  under  the  direction  locate  a  tract  of 
of  the  surveyor-general  of  Louisiana,  on  any  unlocated  lands  in  the  land- 
district  for  the  sale  of  lands  south  of  Red  River,  in  the  aforesaid  State, 
a  tract  not  exceeding  four  hundred  superficial  arpens ;  which  said  tract 
and  privilege  is  granted  to  the  said  George  Rowe,  in  lieu  of  an  equal 
quantity  confirmed  to  him  by  the  register  and  receiver  in  the  aforesaid 
land  district,  under  certificate  number  three  hundred  and  eighty-two ; 
and  the  proper  officers  of  the  Government  are  hereby  authorized  and 
required  to  issue  a  patent  for  said  quantity  of  land  as  soon  after  the 
location  aforesaid  and  return  thereof  as  it  can  be  done :  Provided,  That     Proviso, 
the  said  George  Rowe,  or  his  legal  assignee  or  representative,  shall,  at 
the  time  of  making  such  location,  execute  a  deed  in  due  form  of  law, 
relinquishing  and  conveying  to  the  United  States  all  the  right  or  title 
which  he  the  said  George  Rowe,  his  heirs,  assigns,  or  other  legal  repre- 
sentatives, has  or  ever  had  to  the  tract  of  land  on  the  Bayou  Bceuff,  in 
lieu  of  which  this  right  of  locating  an  equal  quantity  elsewhere  is 
granted :   And  also  provided,   That  said  George  Rowe,  in  making  the     Proviso, 
aforesaid  location,  shall  conform  to  the  legal  subdivisions  in  surveying 
the  public  lands,  and  be  limited  to  land  of  equal  quality  with  that  in 
lieu  of  which  this  grant  is  authorized,  (a) 

(a)  See  No.  937. 


No.  839.— AN  ACT  for  the  relief  of  Polly  Lemon.  March  3,  1839. 

'Be  it  enacted,  $-c.,  That  Polly  Lemon,  or  her  legal  representatives  or 


assigns,  are  hereby  authorized  to  locate,  on  any  unappropriated  public     Authorized   to 
land  in  the  northwestern  district  for  the  sale  of  lands  in  the  State  of  Janate ^  ^eu*  of 
Louisiana,  six  hundred  and  forty  acres,  in  lieu  of  the  same  quantity  of  iana'  ta]£en    by 
land  taken  from  her  by  the  United  States  for  public  purposes,  near  Fort  United  States. 
Jesup,  in  the  State  of  Louisiana ;  and  the  register  of  the  land  office  at 
Natchitoches  is  authorized  and  required  to  have  said  location  made, 
and  issue  a  certificate  of  such  location,  so  that  a  patent  may  issue  for 
the  same :  Provided,  Said  location  shall  be  made  within  twelve  months    Proviso, 
from  the  passage  of  this  act,  conforming  to  the  legal  surveys. 

SEC.  2.  And  &e  it  further  enacted,  That,  at  the  time  of  making  such    Deed  of  release 
location  or  entry,  the  said  Polly  Lemon,  her  legal  representatives  or  to  United  States 
assigns,  shall  produce  to  the  aforesaid  register,  and  deposit  in  his  office,  to  be  produced. 
a  deed  of  release,  conveying  to  the  United  States  all  the  right,  title, 
interest,  fee,  or  claim  (unencumbered,)  that  she  or  they  may  claim  to 
have  in  and  to  the  tract  of  land  claimed  by  them,  near  Fort  Jesup,  in 
lieu  of  which  the  land  granted  by  this  act  is  given. 


No.  840.— AN  ACT  for  the  relief  of  the  legal  representatives  of  John  Dawson,     March  3,  1839. 

deceased.  Vol.  6,  p.  783. 


Be  it  enacted,  $c.,  That  the  legal  representatives  of  John  Dawson,     Authorized  to 
deceased,  or  their  assignees,  are  hereby  authorized  to  locate,  on  any  locate  a  tract  of 
public  land  in  the  northwestern  district  for  the  sale  of  lands  in  the  Jand.  itt,Jieu  °f  a 
State  of  Louisiana,  the  quantity  of  six  hundred  and  forty  acres,  in  lieu  JJJJJ  ta 
of  the  same  quantity  which  has  been  taken  from  them,  and  appropriated 
to  public  purposes ;  which  location  shall  be  made  in  the  office  of  the 
register  of  the  said  district  at  Natchitoches,  who  shall  issue  a  proper 
certificate  of  said  entry  and  location  to  the  said  legal  representatives, 

24  L  O— VOL  II 


370  LOUISIANA. 

on  the  presentment  of  which  to  the  Commissioner  of  the  General  Land 
Office,  a  patent  for  the  same  shall  issue  for  said  land,  in  the  manner 
Proviso.  directed  by  law  :  Provided,  That  the  said  entry  or  location  shall  be  made 

within  twelve  months  after  the  passage  of  this  act,  and  shall  conform 
to  the  legal  surveys. 

A  deed  of  re-     SEC.  2.  And  be  'it  further  enacted,  That,  at  the  time  of  making  the 

lease  to  United  aforesaid  entry  or  location,  the  said  legal  representatives  of  John  Daw- 

duced       ^  Pr°  80n>  deceased,  or  their  legal  assignee  or  assignees,  shall  produce  to  the 

aforesaid  register  of  the  land  office  at  Natchitoches  and  deposite  in  his 

office  a  deed  of  release  and  quit-claim  to  the  United  States,  made  in  due 

form  of  law,  of  all  their  right,  title,  and  claim  to  the  same  quantity  of 

land,  near  Fort  Jesup,  in  Louisiana,  in  lieu  of    which  the  land  now 

granted  is  given. 

March  3,  1839.  No.  841.— AX  ACT  for  the  relief  of  J.  Eloi  Rachal. 

Vol.  6,  p.  783.        Be  it  macted^  ^  That  the  regi8ter  of  the  land  office  at  Natchitoches, 


Land  certifi-  in  the  State  of  Louisiana,  grant  to  J.  Eloi  Rachal  a  certificate  for  the 

cate  to  be  granted quarter  of  section  number  sixteen,  of  township  number  eleven,  of 

range  number  nine,  situate  on  the  right  or  southwest  bank  of  Red 
River,  about  twenty-three  miles  above  Natchitoches,  the  same  being 
land  to  which  he  claims  the  right  of  pre-emption,  upon  his  producing 
the  receiver's  receipt  for  the  sum  of  one  dollar  and  twenty-five  cents 
per  acre  for  each  acre  in  said  quarter-section  contained. 

Other  landto  be     SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 

selected  for  use  cause  to  be  selected  one  quarter-section  of  land,  in  the  same  district, 

of  schools.  for  the  U8e  of  schools,  in  lieu  of  the  quarter-section  named  in  the  first 

Proviso.  section  of  this  bill :  Provided,  That  the  school  commissioners  for  the 

parish  in  which  said  land  is  situated,  and  a  majority  of  the  free  white 

male  inhabitants  of  the  township,  over  twenty-one  years  of  age,  shall 

consent  to  such  change,  (a) 

(a)  See  Nos.  418,  704,  708,  710,  832,  834,  835,  e>37,  843,  833  ,  859,  883,  884,  891,  894,  895,  903. 


March  3  1839.    No.  842.— AN  ACT  for  the  relief  of  Henry  Stoker,  William  G.  Belknap,  and  Ben- 
Vol.  6,  p'.  784.  jamin  Walker. 

Authorized  to  ^e  *'  enacted,  <$-c.,  That  Henry  Stoker,  or  his  legal  representatives  or 
locate  a  tract  of  assigns,  and  William  G.  Belknap  and  Benjamin  Walker,  or  their  leg'al 
i*1"*.  representatives  or  assigns,  of  the  parish  of  Natchitoches,  in  the  State 

of  Louisiana,  are  hereby  authorized  to  locate,  on  any  unappropriated 
public  land  in  the  northwestern  district  for  the  sale  of  lands  in  the 
State  of  Louisiana,  as  follows:  Henry  Stoker,  or  his  legal  representa- 
tives or  assigns,  six  hundred  and  forty  acres,  and  Belknap  and  Walker, 
or  their  legal  representatives  or  assigns,  six  hundred  and  forty  acres, 
in  lieu  of  the  same  quantities  of  land  taken  by  the  United  States  for 
public  purposes,  near  Fort  Jesup,  in  the  State  of  Louisiana :  and  the 
register  of  the  land  office  at  Natchitoches  is  authorized  and  required 
to  have  said  locations  made,  and  issue  certificates  of  such  locations,  so 
Proviso.  that  patents  may  issue  for  the  same :  Provided,  Said  locations  shall  be 

made  within  twelve  months  from  the  passage  of  this  act,  conforming 
to  the  legal  surveys. 

Deeds  of  con-     SEC.  2.  And  be  it  further  enacted,  That  at  the  time  of  making  such 
veyance  to  TJni-  locations  or  entries,  the  said  Henry  Stoker,  and  the  said  Belknap  and 
ted  States  to  be  Walker,  or  their  legal  representatives  or  assigns,  shall  produce  to  the 
deposited,  &c.      aforesaid  register,  and  deposite  in  his  office,  their  several  deeds  convey- 
ing to  the  United  States  an  unencumbered  title  that  they  or  any  of 
them  may  claim  to  have  in  and  to  any  tract  or  tracts  of  land  claimed 
by  them,  or  either  of  them,  near  Fort  Jesup,  in  lien  of  which  the  land 
granted  by  this  act  is  given. 

March  3,  1839.         No.  843.— AN  ACT  for  the  relief  of  Eobert  M.  Roberta  or  his  legal  assignees. 

Vol.  6,  p.  791.         Be  H  enacf€^  ^.c>j  That  Robert  M.  Roberts,  his  legal  representatives 

Authorized  to  or  assignees,  are  hereby  authorized  to  purchase  of  the  register  and 

purchase  certain  receiver  of  the  land  office  at  Monroe,  in  the  State  of  Louisiana,  in  the 

hind  at  $1.25  per  di9trict  for  tne  8ale  of  lands  north  of  Red  River,  lot  number  sixteen,  in 

township  number  twenty-two  north,  range  number  twelve  east,  in  said 


LOUISIANA.  371 

district,  containing  one  hundred  and  fifty-six  and  twenty-seven  hun- 
dredths  acres,  at  the  rate  of  one  dollar  and  twenty-five  cents  per  acre ; 
and  upon  the  production  of  the.  receipt  of  the  aforesaid  receiver  for  the 
money,  together  with  the  assent  in  writing  of  the  school  commissioners 
of  the  parish  of  Carroll,  in  said  State,  and  of  a  majority  of  the  white 
male  inhabitants  of  the  township  over  twenty-one  years  of  age  to  the 
making  of  said  purchase  and  filing  the  same  in  the  office  of  the  regis- 
ter, that  officer  shall  issue  a  certificate  for  the  same  ;  upon  the  produc- 
tion of  which  at  the  General  Land  Office,  the  said  Robert  M.  Roberts, 
or  his  legal  assignees,  shall  be  entitled  to  receive  a  patent  for  said  land 
in  the  same  manner  as  if  purchased  under  the  pre-emption  laws. 

SEC.  2.  And  be  it  further  enacted,  That  the  aforesaid  register  and  re-     Other  land  to 
ceiver,  under  the  direction  of  the  Commissioner  of  the  General  Land  be  selected   for 
Office,  shall  select  and  set  apart  an  equal  quantity  of  land  of  equal  us 
value,  in  the  same  township,  if  the  same  can  be  found,  if  not,  in  some 
other  place  in  said  land  district,  for  the  use  of  schools  in  the  aforesaid 
township,  (a) 

(a)  See  Nos.  418,  704,  708,  710,  832,  834,  835,  837,  841,  853,  859,  883,  884,  891,  894,  895, 903. 


No.  844.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  John     May  2,  1840. 
Grimball,  senior,  deceased.  Vol.  6,  p.  797. 


Be  it  enacted,  #o.,  That  the  heirs  and  legal  representatives  of  John     Autorz 
Grimball,  senior,  deceased,  be,  and  they  are  hereby,  authorized  to  locate  locateland. 
two  hundred  and  twenty-three  and  one-fourth  acres,  or  one  and  a  half 
quarter-sections  of  land,  not  exceeding  that  quantity  in  the  Opelousas 
land  district,  in  the  State  of  Louisiana,  upon  any  unreserved  and  unap- 
propriated land  in  said  district. 


No.  845.— AN  ACT  for  the  the  relief  of  John  W.  Monette.  July  4, 1840. 

Be  it  enacted,  fc.,  That  the  President  of   the  United  States  cause    V°L  6)  p'  8°2' 


patents  to  be  issued  to  John  Wesley  Monette,  for  lots  numbered  one,     Land  patent  to 
three,  and  four,  in  townships  sixteen,  of  range  twelve,  east,  in  the  dis-  De  issued, 
trict  north  of  Red  River,  in  the  State  of  Louisiana,  said  lands  having 
been  duly  entered  and  paid  for  by  said  John  Wesley  Monette. 


No.  846.— AN  ACT  for  the  relief  of  Pierre  Molaison,  the  widow  of  Pierre  Richoux,  July  20,  1840. 
Alexander  Comeau,  Alice  L.  Foley,  widow  of  John  Foley,  and  Francois  Martin,  of  Vol.  6,  p.  808. 
the  State  of  Louisiana. 

Be  it  enacted,  $-c.,  That  the  claim  of  Pierre  Molaison  to  a  tract  of  land     Land  claim  of 
of  one  arpen  and  a  half  front,  more  or  less,  with  forty  arpens  in  depth,  **•  ¥olaei(i0n  con" 
situate  on  the  left  bank  of  the  Bayou  Lafourche,  about  three  miles  below 
the  town  of  Tbibodauxville,  be,  and  the  same  is  hereby  confirmed. 

SEC.  2.  And  be  it  further  enacted,  That  the  claim  of  the  widow,  Pierre     Claim  of  P. 
Richoux,  to  a  tract  of  land  of  one  arpen  and  a  half  front,  more  or  less,  ^ichoux  confirm- 
with  forty  arpens  in  depth,  situate  on  the  left  bank  of  the  Bayou  La- 
fourche, about  three   miles    below  the  town  of   Thibodauxville,  and 
bounded  on  the  lower  side  by  the  land  of  Pierre  Molaison,  described  in 
the  first  section  of  this  act,  be,  and  the  same  is  hereby  confirmed. 

SEC.  3.  And  be  it  further  enacted,  That  the  claim  of  Alexander  Comeau,     Claim  of  A.  Co- 
to  a  tract  of  land  of  four  arpens  front,  with  forty  arpens  in  depth,  situ-  meau  confirmed, 
ate  on  the  left  bank  of  the  Bayou  Lafourche,  about  four  leagues  and  a 
half  from  the  Mississippi,  and  designated  as  fractional  section  number 
fifty-eight,  in  township  thirteen,  range  fourteen  east,  be,  and  the  same 
is  hereby,  confirmed. 

SEC.  4.  And  be  it  further  enacted,  That  the  claim  of  Alice  L.  Foley,     Claim  of  A.  L. 
widow  of  John  Foley,  to  a  tract  of  land  in  the  parish  of  Assumption,  on  Foley  confirmed, 
the  left  bank  of  the  canal  leading  to  Lake  Verrit,  and  containing  ten 
arpens  front  by  forty  arpens  in  depth,  designated  as  sections  numbers 
one  hundred  and  forty  and  one  hundred  and  eighty,  of  townships  num- 
bers fourteen  and  fourteen,  in  range  numbers  thirteen  and  fourteen  east, 
be,  and  the  same  is  hereby  confirmed. 

SEC.  5.  And  be  it  further  enacted,  That  the  claim  of  Francois  Martin  to  Claim  of  F. 
a  tract  of  land  in  the  parish  of  Assumption,  on  the  right  bank  of  the  Martin  confirm- 
canal,  to  Lake  Verrit,  containing  one  hundred  and  forty  and  sixty -three  e  ' 


372  LOUISIANA. 

Proviso.  hundredths  acres,  be,  and  the  same  is  hereby,  confirmed  :  Provided,  That 

none  of  the  confirmations  contained  in  this  act  shall  amount  to  any 
thing  more  than  a  relinquishment  of  claim  on  the  part  of  the  United 
States. 


July  20.  1840.  No.  84T— AN  ACT  for  the  relief  of  William  Marbury,  of  Louisiana. 

>P> — —     Be  it  enacted,  <Jrc.,  That  William  Marbury,  of  the  State  of  Louisiana, 

Authorized  to  be>  aucl  he  is  hereby,  authorized  to  enter,  without  payment,  at  the  land 
lamf  in6lieif  \>f  office  ati  Sfc<  Heleua>  a  section  of  six  hundred  and  forty  acres  of  land,  in 
land'sold  by  TJni-  township  seven,  range  three  east,  in  the  land  district  of  St.  Helena,  in 
ted  States.  the  State  of  Louisiana,  in  lien  of  and  as  a  full  equivalent  for  the  same 

quantity  of  laud  to  which  he  had  a  private  claim,  which  was  confirmed, 
under  a  certificate  numbered  seven  hundred  and  sixteen,  in  October,  in 
the  year  one  thousand  eight  hundred  and  twenty-seven,  and  which  tract 
of  land  was  then  required,  by  an  order  of  survey  from  the  land  office  at 
St.  Helena,  to  be  run  out  and  allotted  to  him  in  the  parish  of  St.  Tam- 
many, in  the  same  land  district,  but  which  was  not  surveyed  or  allotted 
in  pursuance  of  said  order,  and  was  returned  as  public  land  ;  the  most 
valuable  part  of  which  has  since  been  sold  by  the  United  States :  Pro- 
vided, That  before  a  patent  shall  issue  for  the  land,  the  entry  of  which 
is  authorized  by  the  provisions  of  this  act,  the  said  Marbury  shall  relin- 
quish to  the  United  States,  in  such  manner  as  the  Commissioner  of  the 
General  Land  Office  may  direct,  all  his  interest  to  the  land  originally 
confirmed,  which  should  have  been  run  out  and  allotted  to  him  in  the 
parish  of  St.  Tammany. 


Proviso. 


March  2,  1841.  No.  848.— AN  ACT  for  the  relief  of  Jean  Baptiste  Comeau. 

— ' '—     Be  it  enarti-d,  <fc.,  That  Jean  Baptiste  Comeau,  of  the  parish  of  La- 
Authorized  to  f ayette,  in  the  State  of  Louisiana,  be,  and  he  is  hereby,  authorized  to 

enter  land,  in  lieu  enter,  without  payment  therefor,  two  hundred  and  ten  acres  of  land, 
upon  any  of  the  public  lands  which  have  been  surveyed,  and  are  subject 
to  sale  by  private  entry  in  the  said  State,  in  lieu  of  a  like  quantity  of 
land  confirmed  to  him  upon  the  report  of  the  commissioners  of  land 
claims  for  the  western  district  of  Louisiana,  of  the  first  of  May,  one  thou- 
sand eight  hundred  and  fifteen,  and  which  was  subsequently  sold  by 
the  United  States  to  a  certain  Jean  E.  Lefebvre,  under  the  provisions  of 
the  act  of  the  twelfth  of  April,  one  thousand  eight  hundred  and  four- 
teen, entitled  "  An  act  for  the  final  adjustment  of  land  titles  in  the  State 
Proviso.  of  Louisiana  and  Territory  of  Missouri :"  Provided,  The  location  of  the 

laud,  the  entry  of  which  is  here  authorized,  shall,  as  near  as  can  be,  con- 
form to  the  legal  divisions  and  subdivisions  of  the  surveys  of  the  pub- 
lic lands,  and  if  the  quantity  located  shall  exceed  two  hundred  and  ten 
acres,  the  residue  shall  be  paid  for  at  the  minimum  price  of  public  lands ; 
and  upon  a  return  of  the  usual  certificate  to  the  General  Land  Office  of 
the  United  States,  a  patent  shall  issue,  as  in  other  cases  of  land  sold  by 
the  United  States,  (a) 
(a)  See  No.  857. 


April  14,  1842.    No.  849.— AN  ACT  to  confirm  certain  entries  of  lands  in  the  State  of  Louisiana,  and 
VoL  5,  p.  472.  to  authorize  the  issuing  of  patents  for  the  same. 


Entries  of  lands      Be  it  enacted,  $-c.,  That  the  entries  of  the  following  described  tracts 
described      con-  of  land  permitted  to  be  made  by  the  register  and  receiver  at  Ouachita, 
in  the  land  district  north  of  Red  River,  in  the  State  of  Louisiana,  to 
wit :  Lot  number  five,  of   section  thirty-eight,  and  lots  numbers  one, 
two,  five,  and  six,  of  section  forty-five,  and  lots  numbers  three  and  four, 
of  section  forty-five,  and  lots  numbers  three,  four,  and  five,  of  section 
forty-six,  and  lots  numbers  two,  three,  six,  seven,  eleven,  twelve,  thir- 
teen, and  fourteen,  of  section  forty-eight,  all  said  lots  being  in  township 
number  thirteen,  of  range  number  twelve  east,  in  the  said  land  district 
north  of  Red  River,  in  the  State  of  Louisiana,  be,  and  the  same  are 
Patents  to  be  hereby,  confirmed  and  declared  to  be  good  and  valid ;  and  patents  shall 
issued  issue  thereon  as  in  other  cases  of  good  and  valid  entries,  and  certificates 

of  purchase,  any  law  to  the  contrary  notwithstanding,  (a) 

(a)  See  Nos.  704,  703,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,  818,  858,  860,  897, 
899, 919,  920,  923,  963. 


LOUISIANA.  373 

No.  S50.— AST  ACT  for  the  relief  of  Clark  Woodrooff.  May  10,  1842. 

Vol.  6,  p.  828. 


Be  it  enacted,  <$-c.,  That  upon  the  surrender  to  the  Secretary  of  the. 


Treasury  of  the  United  States,  by  Clark  Woodrooff,  or  his  legal  repre-     Upon  the  sur- 
sentatives,  of  the  original  certificates  and  receipts  granted  to  him  by  jS6*  °ff  certaiu 
the  land  office  in  the  St.  Helena  district,  west  of  Pearl  River,  in  the  State  chasemoney.&c^ 
of  Louisiana,  for  the  purchase  money  of  certain  lands  entered  at  said  the    amount    so 
office  by  the  said  Clark  Woodrooff,  on  the  tenth  and  twenty-third  days  Paidt° be  return- 
of  February,  in  the  year  one  thousand  eight  hundred  and  thirty-seven,  e"* 
in  order  that  the  same  may  be  cancelled,  the  Secretary  of  the  Treasury 
be,  and  he  is  hereby,  authorized  and  required  to  pay  to  the  said  Clark 
Woodrooff,  or  his  legal  representatives,  out  of  any  moneys  in  the  Treas- 
ury not  otherwise  appropriated,  the  amount  originally  paid  by  the  said 
Clark  Woodrooff  upon  the  original  certificates  and  receipts  which  he 
is  hereby  required  to  surrender,  and  upon  which  patents  have  been  re- 
fused. 

No.  851.— AN  ACT  for  the  relief  of  Charles  H.  Atherton.  June  22,  1842. 

Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  hereby     YoL6.P-832- 
is,  authorized  and  directed  to  pay  to  Charles  H.  Atherton,  or  to  his  legal     Amount    paid 
representatives,  out  of  any  money  in  the  Treasury  not  otherwise  appro-  for  land  to  which 
priated,  the  sum  of  two  thousand  three  hundred  thirty-three  dollars  and  grates  could^n  t 
eighty-six  cents,  it  being  for  money  paid  by  the  said  Atherton  for  public  give  him^  title, 
land  entered  by  him  in  the  St.  Helena  land  district,  in  Louisiana,  to  to  be  refunded.  ' 
which  the  United  States  are  unable  to  give  him  a  title,  or  to  correctly 
locate  the  same  :  Provided,  That  said  Charles  H.  Atherton,  or  his  legal     Proviso, 
representatives,  shall  first  surrender  to  the  Secretary  of  the  Treasury, 
to  be  cancelled,  the  original  certificates  for  said  land,  or  shall  relinquish 
to  the  United  States  all  interest  in  the  same,  in  such  form  as  shall  be 
prescribed  by  the  Secretary  of  the  Treasury. 


No.  852.— AN  ACT  confirming  certain  land  claims  in  Louisiana.  July  6,  1842. 

Be  it  enacted,  #c.,  That  the  claims  to  lands  within  the  land  district  of     YoL  5' p' 491> 
New  Orleans,  being  numbers  six,  seven,  eight,  nine,  eleven,  twelve,     Certain  land 
thirteen, fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty,  claims   in    New 
twenty-one,   thirty,  thirty- four,  thirty- five,  thirty -eight,  forty-seven,  Ol^an^eddlstnct 
forty-eight,  fifty-seven,  fifty -nine,  sixty,  sixty-one,  and  sixty-two,  of  the 
two  reports  of  the  register  and  receiver  of  said  land  district,  dated  four- 
teenth of  December,  eighteen  hundred  and  thirty-six,  and  second  of 
November,  eighteen  hundred  and  thirty-seven,  and  made  under  the  pro- 
visions of  the  act  of  the  sixth  of  February,  eighteen  hundred  and  thirty- 
five,  entitled  "An  act  for  the  final  adjustment  of  claims  to  lands  in  the 
State  of  Louisiana,"  be,  and  the  same  are  hereby,  confirmed :  Provided,    Proviso. 
alivays,  That  this  is  onlv  to  operate  as  a  quit-claim  on  the  part  of  the 
United  States. 

SEC.  2.  And  be  it  further  enacted,  That  a  sum  not  exceeding  five  hun-      Appropriation 
dred  dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  any  money  for      documents 
in  the  Treasury  not  otherwise  disposed  of,  to  be  used  by  the  Commis-^^'en^  1<jjj£ 
sioner  of  the  General  Land  Office,  in  paying  the  expenses  of  a  copy  of  firmed. 
all  the  documents  of  record,  and  offered  before  the  register  and  receiver 
of  the  New  Orleans  land  district,  in  support  of  the  claims  reported  upon 
by  them.,  and  which  are  not  confirmed  by  this  act. 

SEC.  3.  And  be  it  further  enacted,  That  claims  numbers  two,  five,  eight,     Certain  claims 
nine,  eleven,  twelve,  thirteen,  fourteen,  sixteen,  seventeen,  nineteen,"1.  Ouachita  dia- 
twenty-two,  twenty-six,  thirty-four,  thirty-five,  thirty-six,  thirty-eight,  to 
forty  and  forty-six,  of  the  report  of  the  register  and  receiver  of  the 
Ouachita  laud  district,  in  the  State  of  Louisiana,  dated  the  twenty- 
fourth  day  of  July,  eighteen  hundred  and  thirty-seven,  and  made  under 
the  provisions  of  the  act  of  the  sixth  day  of  February,  eighteen  hundred 
and  thirty-five,  are  hereby  confirmed  for  six  hundred  and  forty  acres 
each. 

SEC.  4.  And  be  it  further  enacted,  That  numbers  one,  four,  seven,  fifteen,     Certain    other 
eighteen,  twenty,  twenty-three,  twenty- nine,  thirty,  thirty  -one,  thirty-  claims  confirmed, 
seven  and  forty-eight  of  said  report,  are  also  confirmed,  as  recommended 
by  the  register  and  receiver ;  number  three,  is  confirmed  to  two  thou- 
sand acres,  number  twenty-four  to  one  thousand  acres,  and  number  forty- 
five  to  two  hundred  acres :  Provided,  That  this  act  shall  amount  only    Proviso.     * 


374  LOUISIANA. 

to  a  relinquishment  on  the  part  of  the  United  States,  and  shall  in  no 
manner  affect  the  rights  of  third  persons,  and,  on  the  presentation  to  the 
Commissioner  of  the  General  Land  Office  of  a  plat  of  survey  duly  ap- 
proved by  the  surveyor-general  of  the  State  of  Louisiana,  the  claimant 
shall  be  entitled  to  a  patent- 
Certain  claims     SEC.  5.  And  be  it  further  enacted,  That  claims  numbers  ten,  eighteen, 
at     Greensbnrg,  nineteen,  and  twenty,  of  the  list  reported  by  the  register  and  receiver 
Si   confirm*  of  the  land  office  at  Greensbarg>  formerly  St.  Helena,  under  the  provis- 
ed  "  ions  of  the  act  of  Congress  of  the  sixth  day  of  February,  eighteen  hun- 

dred and  thirty-five,  entitled  "An  act  for  the  final  adjustment  of  claims 
to  lands  in  the  State  of  Louisiana,"  be,  and  the  same  are  hereby  con- 
firmed ;  and  upon  the  presentation  to  the  Commissioner  of  the  General 
Land  Office  of  a  plat,  approved  by  the  surveyor- general  of  Louisiana, 
the  owner  or  owners  of  said  claims  shall  be  entitled  to  a  patent. 
Certain    other     SEC.  6.  And  be  it  further  enacted,  That  claims  numbers  seven  and  eight 
claims  confirmed.  of  the  list  mentioned  in  the  preceding  section  are  also  confirmed,  giving 
the  right  to  the  claimants  to  locate  the  same  within  one  year  after  the 
passage  of  this  act,  on  any  public  lands  subject  to  sale  at  private  entry, 
in  the  district  where  said  claims  are  situated ;  which  location,  approved 
and  certified  by  the  surveyor- general  of  Louisiana  to  the  Commissioner 
Proviso.  of  the  General  Land  Office,  will  entitle  said  claimants  to  a  patent  :  Pro- 

vided, Said  claimants  shall,  previous  to  making  said  location,  relinquish 
to  the  United  States  their  claims  to  the  lands  originally  claimed  by 
them. 

Certain  claims     SEC.  7.  And  be  it  further  enacted,  That  the  claims  to  land  within  the 
to  land  in    the  ^strict  8outh  of  Red  River,  being  numbers  thirty-three,  thirty-  five,. 
?hetaRed   Bi^S .forty-five,  fifty-two,  seventy -seven,  seventy-nine,  eighty-seven,  ninety- 
confirmed.         '  three,  one  hundred,  one  hundred  and  two,  one  hundred  and  three,  one 
hundred  and  eight,  one  hundred   and  twenty-two,  one  hundred  and 
thirty-two,  one  hundred  and  forty- two,  one  hundred  and  forty-seven, 
one  hundred  and  forty -eight,  one  hundred  and  fifty-one,  one  hundred 
and  fifty-two,  one  hundred  and  fifty-seven,  one  hundred  and  fifty-nine, 
one  hundred  and  sixty,  one  hundred  and  sixty-two,  one  hundred  and 
•    sixty-three,  one  hundred  and  sixty-four,  one  hundred  and  sixty- five,  one 
hundred  and  sixty-six,  of  the  reports  of  the  register  and  receiver  of  the 
land  office  at  Opelousas,  dated  the  thirtieth  May  and  sixth  June,  eighteen 
hundred  and  forty,  made  under  the  provisions  of  the  act  of  eighteen 
hundred  and  thirty-five,  aforesaid,  be,  and  the  same  are  hereby,  con- 
Proviso,  firmed :  Provided,  That  the  Commissioner  of  the  General  Land  Office 
shall  cause  a  further  investigation  to  be  made,  and  farther  evidence  to 
be  taken,  in  relation  to  claim  number  one  hundred  and  sixty-one  of  said 
report ;  and  should  it  appear  that  the  original  claimants  actually  inhab- 
ited and  cultivated  the  lands  claimed  on  and  prior  to  the  twenty-sec- 
ond day  of  February,  eighteen  hundred  and  nineteen,  then  and  in  that 
case,  the  same  shall  be  confirmed,  by  and  with  the  approbation  of  the 
Secretary  of  the  Treasury. 

Other     claims      SEC.  8.  And  be  it  further  enacted,  That  the  folio  wing  claims  in  the  said 
confirmed.  reports  of  the  register  and  receiver  of  the  land  office  at  Opelousas  be, 

and  the  same  are  hereby,  confirmed,  as  follows,  to  wit :  Number  twenty- 
nine,  to  the  legal  representatives  of  Joseph  Maritaurns;  number  forty- 
six,  to  the  extent  contained  in  a  league  square  ;  number  forty-nine,  for 
six  hundred  and  forty  acres,  to  the  legal  representatives  of  Bernard 
Lacroix  ;  number  fifty-four,  to  the  legal  representatives  of  J.  Baptiste 
Vallery ;  number  seventy-eight,  for  six  hundred  and  forty  acres,  to  One- 
zime  Guedry,  assignee  of  Nicholas  Provost,  and  six  hundred  and  forty 
acres  to  the  legal  heirs  and  representatives  of  Daniel  Guedry  and  Jean 
Mouton,  senior;  number  ninety-one,  for  so  much  as  will,  with  the  quan- 
tity heretofore  confirmed,  make  the  quantity  of  one  league  front  by  the 
depth  of  forty  arpens ;  number  ninety-nine,  for  six  hundred  and  forty 
acres,  to  embrace  the  residence  and  improvements  of  Hugh  Mulhollan 
on  and  previous  to  the  twentieth  day  of  December,  eighteen  hundred 
and  three  ;  number  one  hundred  and  fourteen,  to  the  legal  representa- 
tives of  Andre  Dumas ;  number  one  hundred  and  fifty-four,  to  the  legal 
representatives  of  Antonio  Mora;  number  one  hundred  and  fifty-eight, 
to  the  legal  representatives  of  Louis  Frizzini ;  number  one  hundred  and 
sixty-seven,  to  Jacob  Wallace  or  his  legal  representatives. 

Certain  provis-      SEC.  9.  And  be  it  further  enacted,  That  the  provisions  of  the  two  pre- 
of  the  two  ceding  sections  of  this  act,  which  confirm  donation  claims  situate  in 
to *e* tbat  ljart  of  8aid  land  district  known  as  the  "Neutral  Territory,"  shall 
not  be  regarded  as  extending  to  any  lands  which  are  he.d  by  any  person 


LOUISIANA.  375 

by  virtue  of  any  bona-fide  French  or  Spanish  grant,  warrant,  or  order  tend  to  lands 
of  survey,  made  prior  to  the  twentieth  of  December,  eighteen  hundred  Jeld  under  cer- 
and  three,  heretofore  filed,  according  to  law,  with  any  register,  or  com-  ^Jni 
missioner,  or  register  and  receiver  of  said  district :  Provided,  That  the  &c, 
confirmations  made  by  virtue  of  the  two  preceding  sections  shall  only    Proviso, 
operate  as  a  relinquishment  of  the  right  of  the  United  States,  and  shall 
not  affect  the  right  of  third  persons,  nor  preclude  a  judicial  decision  be- 
tween private  claimants  for  the  same  land ;  and  on  the  presentation,  to 
the  Commissioner  of  the  General  Land  Office  of  a  plat  of  survey,  duly 
approved  by  the  surveyor-general  of  Louisiana,  the  claimant  shall  be 
entitled  to  a  patent,  (a) 

(a)  See  Nos.  699,  701,  703,  704,  705,  708  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,  738,  739,  740,  745,  746,  749,  752,  753,  '/77,  790,  817,  819,  826,  863,  864,  873,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


No.  853.— AN  ACT  for  the  relief  of  Valerian  Allain.  Aug.  11, 1842. 

Be  it  enacted,  $c.,  That  the  land,  designated  by  certificates  seventeen, 


eighteen,  and  nineteen,  entered  in  pursuance  of  an  act  of  Congress,  ap-     Land  designat- 

proved  twelfth  April,  eighteen  hundred  and  fourteen,  entitled  "An  act  ed  by  certain  cer- 

for  the  final  adjustment  of  land  titles  in  the  State  of  Louisiana,  and Sedto him° n 

Territory  of  Alabama  [Missouri],"  entered,  as  appears  by  the  certificate 

of  the  register  of  the  land  office  for  the  eastern  district  of  Louisiana,  on 

the  fifth  day  of  April,  eighteen  hundred  and  thirty-two,  by  Valerian 

Allain,  George  Dolandes,  and  Robert  Boyd,  one  hundred  and  sixty  acres 

each,  at  one  dollar  and  twenty -five  cents  per  acre,  paid  at  the  time  of 

the  entry  (and  the  said  Valerian  Allain    having  purchased  of  George 

Dolandes  and  Robert  Boyd  the  land  designated  in  certificates  numbers 

seventeen  and  nineteen,  which  said  land,  by  a  survey  subsequent  to 

said  entries,  was  found  to  be  located  partly  on  sections  sixteen  and 

seventeen,  in  township  seven,  south  of  range  twelve  east,)  be,  and  the 

same  are  hereby,  confirmed  to  the  said  Valerian  Allain ;  and  the  Commis-     Patents  to  ia- 

sioner  of  the  General  Land  Office  is  hereby  authorized  to  issue  to  the  8ue  therefor. 

said  Valerian  Allain  patents  therefor. 

SEC.  2.  And  be  it  further  enacted,  That  the  proper  authorities  of  the    Other  land  may 
State  of  Louisiana,  for  township  seven  of  range  twelve  east,  in  the  east-  be  entered  in  lieu 
ern  district  of  Louisiana,  be,  and  they  are  hereby,  authorized  to  enter,  £0  v  AuSn 
under  the  direction  of  the  Secretary  of  the  Treasury,  other  land,  in  lieu 
of  the  land  by  this  act  confirmed  to  Valerian  Allain.  («)  .  . 

SEC.  3.  And  ~be  it  further  enacted,  That  this  act  shall  not  be  construed  terfe^e  "with"  any 
so  as  to  interfere  with  any  rights,  except  those  which  appertain  to  the  rights,  &c. 
United  States  and  Valerian  Allain. 

(a)  See  Nos.  418,  704,  708,  710,  832,  834,  835,  837,  841,  843,  859,  883,  884,  891,  894,  895,  903. 


No.  854.— AN  ACT  to  confirm  the  title  of  the  heirs  of  James  Sympson  deceased      Au£-  29> 1842- 
to  a  certain  tract  of  land  in  the  State  of  Louisiana.  v°r-  6»  P-  869- 


Be  it  enacted,  $c.,  That  the  heirs  at  law  of  James  Sympson,  deceased,     Land  title  con- 
late  of  Clarke  County,  State  of  Kentucky,  be,  and  they  are  hereby,  firmed, 
confirmed  in  their  title  to  a  certain  tract  of  land  situate  at  the  mouth 
of  the  Atchafalaya  at  its  junction  with  the  Mississippi  River,  contain- 
ing six  hundred  and  forty  acres ;  and  as  surveyed  and  platted  in  the 
surveyor-general's  office  at  Donaldsonville,  in  the  State  of  Louisiana, 
upon  the  survey  made  and  returned  by  Charles  Morgan,  of  date  elev- 
enth February,  eighteen  hundred  and  six,  and  executed  for  Andy  Rob- 
inson :  Provided,  This  confir  mation  shall  only  be  construed  as  a  relin-    Proviso 
quishment  of  the  title   of  the  United  States  to  said  land,  and  not  to 
prejudice  any  superior  and  better  title. 


No.  855.— AN  ACT  for  the  relief  of  John  Compton,  assignee  and  representative  of     Aug.  29, 1842. 
G-arrigues  Flaujac.  VoL  6,  p.  870. 


Be  it  enacted,  $c.,  That  a  patent  shall  be  issued  in  the  usual  form  to  " 

John  Compton,  assignee  and  representative  of  Garrigues  Flaujac,  for  8UeJ  tohim  fora 
the  land  entered  by  him  on  the  twenty-fourth  day  of  May,  one  thousand  certain  tract  of 
eight  hundred  and  thirty-six,  at  the  Opelousas  land  office,  as  a  back  land, 
pre-emption  to  the  tract  on  Red  River,  located  under  the  act  for  the 
relief  of  Garrigues  Flaujac,  in  lieu  of  land  on  Bayou  Gros  Tete,  con- 
firmed to  said  Flaujac  by  act  of  Congress  of  the  twenty-eighth  of  Feb- 
ruary, one  thousand  eight  hundred  and  twenty-three,  (a) 

(a)  See  Nos.  758, 805. 


376  LOUISIANA. 

Aug.  CA  1842.     No.  856.— AX  ACT  for  the  relief  of  the  legal  representatives  of  Therese  Malette, 
Vol.  G,  p.  870.  widow  of  Gaspard  Phiole. 


Authorized  to     Be  it  enacted,  #c.,  That  the  legal  representatives  of  Therese  Malette, 
locate  four  float-  widow  of  Gaspard  Phiole,  be,  and  they  are  hereby,  authorized  to  locate 
ing^rights,  in  lieu  flour  floating  rights,  of  five  hundred  acres  each,  on  any  unappropriated 
lands  west  of  the  Mississippi,  in  the  State  of  Louisiana,  which  shall  be 
in  lieu  of  their  claim  to  attract  of  two  thousand  acres  of  land,  recom- 
mended for  confirmation  by  the  old  board  of  commissioners  at  Opelonsas, 
and  confirmed  by  the  act  of  the  twenty-ninth  of  April,  eighteen  hun- 
dred and  sixteen,  the  location  of  which  is  disputed  by  the  land  office  : 
Proviso.  Provided,  That  before  patents  shall  issue  for  the  lands,  the  location  of 

which  is  authorized  by  this  act,  the  legal  representatives  of  said  Therese 
Malette  shall  surrender  to  the  United  States,  in  such  manner  as  the 
Commissioner  of  the  Land  Office  shall  direct,  all  right,  title,  and  inter- 
est, in  and  to  the  land  held  under  the  aforesaid  confirmation  :  And  pro- 
vided, also,  Said  locations  shall  be  made  on  lands  subject  to  sale  at  pri- 
vate entry,  and  to  conform  as  nearly  as  possible  to  the  public  surveys 
of  the  United  States. 


Aug.  29, 1842.  No.  857.— AN  ACT  for  the  relief  of  Jean  Baptist  Comeau. 

Vol.  6,  p.  871.         Se  it  enacts  $c^  That  jean  Baptist  Comeau,  of  the  parish  of  Lafayette, 
Authorized   to  in  the  State  of  Louisiana,  be,  and  he  is  hereby,  authorized  to  enter, 
enter  land,  in  lieu  without  payment  therefor,  two  hundred  and  ten  acres  of  land,  upon 
sold   bv^United  an^  °^  ^ne  Pu^^c  lands  which  have  been  surveyed,  and  are  subject  to 
States.'  sale  by  private  entry  in  the  district  of  lands  subject  to  sale  at  Ope- 

lousas,  in  lieu  of  a  like  quantity  of  laud  confirmed  to  him  upon  the  re- 
port of  the  commissioners  of  land  claims  for  the  western  district  of 
Louisiana,  of  the  first  of  May,  one  thousand  eight  hundred  and  fifteen, 
and  which  was  subsequently  sold  'by  the  United  States  to  a  certain  Jean 
E.  Lefabvre,  under  the  provisions  of  the  act  of  the  twelfth  of  April, 
one  thousand  eight  hundred  and  fourteen,  entitled  "An  act  for  the  final 
adjustment  of  land  titles  in  the  State  of  Louisiana  and  Territory  of 
Proviso.  Missouri:"  Provided,  The  location  of  the  land,  the  entry  of  which  is 

here  authorized,  shall,  as  near  as  can  be,  conform  to  the  legal  divisions 
and  subdivisions  of  the  surveys  of  the  public  lands,  and  if  the  quantity 
located  shall  exceed  two  hundred  and  ten  acres,  the  residue  shall  be 
Patent  to  issue,  paid  for  at  the  minimum  price  of  public  lands;  and  upon  a  return  of 
the  usual  certificate  to  the  General  Laud  Office  of  the  United  States,  a 
patent  shall  issue  as  in  other  cases  of  lands  sold  by  the  United  States,  (a) 

(a)  See  No.  848. 


Aug.  29, 1842.      No.  858.— AX  ACT  in  relation  to  lands  sold  in  the  Greensburgti,  late  St.  Helena, 
Vol.  5,  p.  540.         land  district,  in  the  State  of  Louisiana,  and  authorizing  the  resurvey  of  certain  lands 
in  said  district. 


In  cases  where     Be  it  enacted,  <$-c.,  That  in  all  cases  where  lands  shall  have  been  en- 
the  United  states  tered  at  tbe  laod  office  in  t,ne  Greensburgh,  late  St.  Helena,  land  dis- 
ent?°thTcertm-trict>  in  tue  State  of  Louisiana,  where  the  United  States  cannot  issue 
cates  of  purchase  patents  therefor,  owing  to  the  errors  and  imperfections  of  the  public 
may  be  surren-  surveys,  or  to  conflicting  claims,  it  shall  be  lawful  for  the  person  hav- 
b6  Can  ing  made  8ucl1  entries,  or  his  or  her  heirs  or  legal  representatives,  or 
grantees,  or  their  heirs  or  legal  representatives,  who  may  [be]  legally 
and  equitably  entitled  to  the  same,  after  a  demand  of  the  patent,  and  a 
refusal  to  issue  the  same,  to  surrender  his  or  her  certificate  of  purchase 
to  the  Secretary  of  the  Treasury  to  be  cancelled;  and,  upon  such  sur- 
render, it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  refund, 
without  interest,  the  purchase  money  for  said  lands  to  the  person  en- 
titled to  receive  the  same,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated. 

President  may     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  Pres- 
cause  a  resurvey  ident  of  the  United  States,  if  he  shall  deem  it  expedient,  to  cause  a  re- 
lands  &c  un       survey  of  all  or  any  part  of  the  lands  lying  in  said  district  remaining 
unsold,  or  the  certificates  for  which  may  be  surrendered  in  virtue  of  this 
or  any  other  act  of  Congress,  thereby  correcting  the  surveys,  («)  and 
designating  the  lands  covered  by  private  claims  under  Spanish  or  French 
grants;  and  so  soon  as  said  resurvey  d  shall  have  been  returned  and 
confirmed  by  the  Secretary  of  the  Treasury,  the  unreserved  public  lands 
therein  specified  shall  be  subject  to  the  laws  for  the  disposal  of  the 


LOUISIANA.  377 

public  lands,  and  patents  therefor  shall  issue  as  in  other  cases:  (&)  Pro-    Proviso. 
vided,  That  purchasers  aforesaid  may  retain  their  certificates  of  pur- 
chase, and  the  surveys  of  said  tracts' shall  be  corrected,  and  when  said 
surveys  are  corrected,  may  receive  their  patents  from  the  United  States 
for  the  land  so  purchased  by  them. 

(a)  See  Nos.  701,  703,  704,  708,  710,  718,  722,  724,  727,  730,  731,  777,  603. 
(6)  See  Nos.  704,708,  710,  720,  722.  729,  730,  731,  732,  761,  768,  786,  813,  818,  849,  860,  897, 
809,  919,  920,  928,  963. 


No.  859.— AN  ACT  to  authorize  the  legislatures  of  the  States  of  Illinois,  Arkansas,  Feb.  15, 1843. 

Louisiana,  and  Tennessee,  to  sell  the  lands  heretofore  appropriated  for  the  use  of  V ol.  5,  p.  600. 
schools  in  those  States. 

[See  ILLINOIS,  No.  418.] 

No.  S60.— AN  ACT  to  set  aside  certain  reservations  of  lands,  on  account  of  live-  March  3, 1843. 

oak  in  the  southeastern  district  of  Louisiana.  Vol.  5,  p.  611. 


Be  it  enacted,  <$-c.,  That  the  reservations  made  by  the  United  States  in     Certain    reser. 
eighteen  hundred  and  thirty-two,  of  lands  situate  in  township  thirteen,  vations  of  lands 
range  twelve  east ;  township  fourteen,  ranges  twelve  and  thirteen  east ;  foiL  live-oak  set 
township  fifteen,  range  thirteen  east;  township  sixteen,  range  sixteen  as 
east ;  and  township  seventeen,  range  sixteen  east,  in  the  southeastern 
distiict  of  Louisiana,  on  account  of  the  live-oak  supposed  to  grow 
thereon,  be  set  aside  and  annulled;  and  that  any  persons  entitled  to     Right  of    pre- 
pre-emptiou  under  the  existing  laws,  within  the  limits  of  the  paid  town-  emptiest  to  said 
ships,  be  admitted  to  mate  their  proofs  and  complete  their  titles,  in  thelamls  admitted, 
same  manner  as  if  the  reservations  for  live-oak  had  not  been  made,  (a) 

(a)  See  Nos.  704,  708,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,  818,  849,  858,  897,  899, 
919,  920,  928,  9ti3. 

No.  661.— AN  ACT  for  the  relief  of   the  heirs  of  Philander  Smith  and  James     March  3, 1843. 

Young.  Vol.  6,  p.  890. 


Be  it  enacted,  $-c.,  That  the  heirs  of  Philander  Smith  and  the  heirs  of     Land  claim 
James  Young  be,  aud  they  are  hereby,  confirmed  in  their  claim  (accord-  confirmed, 
ing  to  the  portions  by  them  respectively  owned)  to  a  tract  of  laud  con- 
taining fiiteen  hundred  arpens,  situate  about  six  miles  from  the  town  of 
Baton  Rouge,  in  the  State  of  Louisiana,  originally  granted  to  Armand 
Duplantier,  by  Baron  de  Carondelet,  on  the  twenty -fifth  day  of  October, 
one  thousand  seven  hundred  and  ninety-six. 


No.  862.— AN  ACT  for  the  relief  of  James  B.  Sullivan,  of  the  county  of  Kapides,     March  3,  1843. 
in  the  State  of  Louisiana.  Vol.  6,  p.  905. 


Be  it  enacted,  <f  c.,  That  James  B.  Sullivan  be,  and  he  is  hereby,  author-  Authorized  to 
ized  and  permitted  to  complete  his  purchase  of  lot  numbered  sixteen,  complete  the  pnr- 
(or  part  of  it,  containing  one  hundred  and  fifty-three  acres  and  a  six-  e  ' 
tievh  part  of  an  acre,)  being  lot  sixteen,  in  township  numbered  five 
north  of  the  thirty-first  degree  of  north  latitude,  of  range  numbered 
thive  west  of  the  basis  meridian,  in  the  southwestern  district  of  the 
State  of  Louisiana,  situated  in  the  parish  of  Rapides,  in  said  State,  and 
containing,  according  to  the  register's  certificate,  one  hundred  and  fifty- 
three  acres  and  the  sixteenth  part  of  an  acre,  in  virtue  of  his  right  of 
pre-emption,  according  to  the  act  of  Congress  of  the  nineteenth  of  June, 
one  thousand  eight  hundred  and  thirty-four,  any  law  to  the  contrary 
notwithstanding,  which  said  land  is  hereby  declared  to  be  no  part  of 
section  sixteen,  reserved  for  the  use  of  schools  in  the  congressional 
township  in  which  the  same  is  situated. 


No.  863.— JOINT  RESOLUTION  directing  certain  papers  relating  to  titles  to  land     March  3, 1843. 
in  Louisiana,  to  be  returned  to  the  General  Land  Office.  Vol.  5,  p.  649. 


Resolved,  $*c.,  That  the  Secretary  of  the  Senate  and  the  Clerk  of  the     Certain  papers 
House  of  Representatives  be,  and  they  are  hereby,  instructed  to  furnish  to  be  returned  to 
to  the  Commissioner  of  the  General  Land  Office,  the 'original  reports  office6™ 
ironi  the  several  laiid  offices  in  the  State  of  Louisiana,  made  under  the 


378  LOUISIANA. 

provisions  of  an  act  entitled  "  An  act  fc>r  the  final  adjustment  of  claims 
to  land  in  the  State  of  Louisiana,"  approved  February  sixth,  one  thou- 
sand eight  hundred  and  thirty-five  ;  also  the  title-papers  and  evidence 
relating  to  claims  in  said  reports,  confirmed  by  an  act  entitled  "  An  act 
confirming  certain  land  claims  in  Louisiana,"  approved  July  sixth,  one 
Proviso.  thousand  eight  hundred  and  forty-two :  Provided,  That  claimants  shall 

be  entitled  to  withdraw  their  original  title-papers  after  fair  copies  shall 
have  been  taken  by  the  Commissioner  of  the  General  Land  Office,  (a) 

(a)  See  Xos.  699,  701,  703,  704, 705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,738,739,740,745,746,749,752,753,777,790,817,  819,  826,  852,  864,  873,  889,899, 
904,  911, 946, 956, 957,  961,  967. 


June  17, 1844.     No.  864.— AN  ACT  to  provide  for  the  adjustment  of  land  claims  within  the  States 
VoL  5,  p.  676.         of  Missouri,  Arkansas,  and  Louisiana,  and  in  those  parts  of  the  States  of  Mississippi 

and  Alabama  south  of  the  thirty-first  degree  of  north  latitude,  and  between  the 

Mississippi  and  Perdido  rivers. 

[See  MISSOURI,  No.  1067.] 


June  17, 1844.     No.  865.— AN  ACT  to  authorize  the  entry  of  certain  lands,  occupied  by  the  branch 
Vol.  5,  p.  715.  pilots  of  the  port  of  New  Orleans,  and  others,  in  the  State  of  Louisiana. 


Allowed  to  en-  Be  it  enacted,  <fc.,  That  Andrew  Anderson,  James  T.  Allen,  George 
ter  certain  lands  Benson,  John  Bailey,  John  R.  Brown,  Edward  Bourguin,  Jacob  Baker, 
in  Louisiana.  William  Brownson,  Robert  Cooper,  Edward  Clarke,  Thomas  Cross, 
William  C.  Davis,  Edward  G.  Davis,  Ephraim  Eldridge,  William  Ellis, 
Dennis  Finn,  Nathaniel  J.  France,  John  Fowler,  Robert  Holliday,  John 
Holland,  David  Johnston,  Henry  Johnson,  James  J.  Jarvis,  George 
Linton,  Cyrus  Lamontt,  Cyrus  Morgan,  James  W.  Morgan,  John  Miller, 
Hans  Myers,  Erasmus  Newman,  John  Parker,  John  Perrin,  Asa  Payson, 
Peter  Robinson,  James  B.  Read,  Francisco  Reeper,  David  Shepherd, 
Joseph  Shepherd,  William  T.  Smith,  Christopher  Scheltz,  William  Stev- 
ens, James  Scott,  John  Sailer,  James  Tyson,  William D.  Tolbortt,  Will- 
iam Taylor,  Thomas  J.  Vanderslice,  James  B.  Williams,  Hiram  B.  Web- 
ster, James  Kelly,  William  Deuford,  Edward  Hansbury,  Joseph  E.  Dun- 
ham, Charles  Linguist,  Gilbert  Leonard,  and  Joseph  Lampade,  all  of 
the  parish  of  Plaquemines  in  the  State  of  Louisiana,  or  their  legal  rep- 
resentatives, be,  and  they  are  hereby,  authorized  to  enter  at  the  land 
office  in  the  southeastern  land  district  in  said  State,  within  six  months 
after  the  passage  of  this  act,  section  seventeen  and  lots  one  and  two  of 
section  eighteen,  in  township  twenty -three,  of  range  thirty-three  east, 
situated  in  said  district,  upon  payment  to  the  receiver  of  the  said  land 
office  of  one  dollar  and  twenty -five  cents  per  acre :  Provided,  That  at 
the  time  of  making  said  entry,  they  shall  file  in  the  land  office  a  sur- 
vey and  plat  of  the  land  entered,  signed  by  them  or  their  legal  repre- 
sentatives, specifying  thereon  the  extent  of  their  several  claims  by 
occupancy ;  and  that  when  the  said  entry  shall  be  made,  the  same  shall 
To  enure  to  enure  to  the  benefit  of  such  persons,  severally,  in  the  proportions  and 
their  benefit  sev-  according  to  the  quantities  specified  on  said  plat :  And  provided  further, 
^Proviso  That  this  act  shall  not  invalidate  any  rights  which  any  other  person, 

not  herein  named,  maybe  entitled  to  under  any  law  heretofore  passed. 


June  17, 1844.  3fo.  S66.— A^T  ACT  for  the  relief  of  James  Pepper,  and  others. 

Be  it  enacted,  fc.,  That  the  entry  made  at  the  land  office  at  Washita, 


Land  entry  Louisiana,  by  James  Pepper  and  others,  of  section  number  fifty-two,  in 
township  numbered  sixteen,  of  range  numbered  fourteen  east,  on  the 
thirtieth  day  of  May,  one  thousand  eight  hundred  and  thirty-six,  by 
certificate  number  three  thousand  four  hundred  and  twenty-six,  be,  and 
the  same  is  hereby,  confirmed ;  and  the  Commissioner  of  the  General 
Land  Office  is  authorized  to  issue  a  patent  therefor. 


June  17, 1844.  Xo.  867.— A X  ACT  for  the  relief  of  Pierre  S.  Derbanne. 

YoL  6,  p.  926.          Be  {i  enacted^  gc^  Tha(.  pierre  g  Derbanne,  of  the  parish  of  Natchito- 

Authorized    to  ches,  in  the  State  of  Louisiana,  or  his  legal  representatives,  shall  be, 

enter    certain  and  he  or  they   are  hereby  authorized  to  make  entry  and  purchase  at 

one  dollar  and  twenty- five  cents  per  acre,  on  the  terms  above  stated, 


LOUISIANA.  379 

of  lots  numbers  two  and  three,  being  the  northwest  fractional  quarter 
of  section  fifteen,  of  township  nine  north,  range  six  west  of  the  north- 
western land  district  in  the  State  of  Louisiana,  or  so  much  thereof  as 
does  not  conflict  with  the  claim  of  Jean  Pierre  Valade,  agreeably  to  a 
diagram  approved  by  the  survey  or- general  of  Louisiana,  to  include  his 
improvements  as  nearly  as  practicable  :  Provided,  That  said  lots  shall  Proviso, 
not  have  been  sold  by  the  United  States  prior  to  the  passage  of  this  act. 


No.  868.— AN  ACT  for  the  relief  of  Frangois  Christien  and  widow  Baptiste  Berard.     June  17, 1844. 

Beit  enacted,  tyc.,  That  the  claims,  by  right  of  ancient  settlement  of       °  •  » P-     j 

Madame  Baptiste  Berard,  widow  of  Baptiste  Berard,  deceased,   and     Land  claims 
Frangois  Christien,  respectively,  on  the  east  side  <&  the  Bayou  Teche—  confirmed, 
the  Berard  claim  for  eleven  arpens  front  by  forty  deep,  and  the  other 
for  twelve  arpens  front  by  forty  deep,  be,  and  the  same  are  hereby,  con- 
firmed to  the  aforesaid  claimants,  respectively,  or  their  legal  representa- 
tives, to  embrace  the  original  improvements  of  the  claimants ;  and  on 
the  return  to  the  General  Land  Office  of  plats  of  survey,  duly  approved 
by  the  survey  or- general  of  Louisiana,  for  the  aforesaid  claims  patents 
shall  issue :  Provided,  Jiowever,  That  this  act,  and  the  patents  that  may    Proviso, 
issue  in  pursuance  hereof,  shall  only  be  held  to  be  a  relinquishment  of 
the  title  of  the  United  States,  and  shall  in  no  manner  affect  the  rights 
of  third  persons,  or  preclude  a  judicial  decision  in  favor  of  any  other 
title,  if  such  exist,  to  the  same  tracts. 


No.  869.— AN  ACT  to  authorize  a  relocation  of  land  warrants  number  three,  four,     Feb.  26,  1845. 
and  five,  granted  by  Congress  to  General  Lafayette.  Vol.  5,  p.  729. 


Be  it  enacted,  $c.,  That  the  legal  holders  or  assignees  of  land  warrants     Holders  of  the 
numbered  three,  lour,  and  five,  granted  by  the  act  of  Congress  of  twen-  warrants  author- 
ty- seventh  March,  one  thousand  eight  hundred  and  four,  to  General  ized  to  enter 
Lafayette,  and  located  at  Point  Coupee,  in  the  State  of  Louisiana,  in  ot 
three  adjoining  surveys  of  one  thousand  acres  each,  and  which  locations 
are  shown  to  have  been  made  in  material  conflict  with  several  older  and 
better  grants,  shall,  upon  exhibiting  to  the  register  and  receiver  of  any 
land  office  within  the  State  of  Louisiana,  his  or  their  evidence  of  right 
to  the  warrants  above  described,  be  permitted,  under  the  same  rules 
and  restrictions  of  the  original  law  under  which  said  locations  were 
authorized,  to  enter  and  locate  a  like  quantity  of  land  on  any  of  the 
unappropriated  public  lands  in  the  State  of  Louisiana :  Provided,  That,     Proviso, 
before  any  such  register  and  receiver  shaU  issue  to  such  holders  or  as- 
signees any  certificate  of  relocation,  the  holders  or  assignees  shall  de- 
posite  a  copy  of  their  deraignment  of  title  from  General  Lafayette,  and 
a  release  of  title  to  the  lands  located  at  Point  Coupee.  (a) 

(a)  See  Nos.  32,  700,  701, 704,  708,  748a. 


No.  870.— A  RESOLUTION  in  relation  to  the  issuing  of  grants  of  certain  lands  in     Jvme  26,  1846. 

Louisiana.  Vol.  9,  p.  110. 


Resolved,  fyc.,  That  the  Attorney-General  of  the  United  States  be,  and  Attorney-Gen- 
he  is  hereby,  directed  to  examine  the  evidences  of  title  in  the  case  of  a  eral  to  examine 
certain  Spanish  land  claim  in  the  State  of  Louisiana,  lying  on  the  Mis-  evidences  of  title 
sissippi,  above  New  Orleans,  commonly  known  as  the  Houma  claim,  J]Je  HoumjTland 
and  to  report  his  opinion  thereon  to  the  President  of  the  United  States;  claim,  and  report 
and  if ,  in  the  opinion  of  the  Attorney-General,  any  patent  or  patents  to  President;  who 
issued,  or  which  may  be  issued,  under  such  claim,  shall  have  been,  or  8haJ1.  cause.  Pr°- 
shall  be,  issued  contrary  to  law,  that  the  President  of  the  United  States  SnStituf  ed  to  try 
be,  and  he  is  hereby,  requested  to  cause  proceedings  to  be  instituted  the  validity  of 
in  behalf  of  the  United  States,  and  to  have  the  validity  of  such  patent  any  patents  sup- 
or  patents  judicially  determined,  (a) 

(a)  See  No.  956. 


380  LOUISIANA. 

July  21,  1846.  No.  871.— AN  ACT  for  the  relief  of  Benjamin  Ballard. 

Be  it  enacted,  <|-c.,  That  Benjamin  Ballard,  of  the  State  of  Louisiana 
Benjamin  Bal-  be,  and  he  is  hereby,  confirmed  in  his  claim,  by  uiesne  conveyances,  to 
his iSafmSce"  lots  uuml)ere(?  one  ancl  four>  section  thirty-five,  township  sixteen,  range 
tain  lots  of  land [twelve,  containing  ninety  acres  and  sixty -hundredths,  entered  in  the 
in  Louisiana,  en-  name  of  William  Moyslin  ;  and  to  the  northwest  fractional  quarter-sec- 
tored in  the  name  tion  twenty-seven,  township  sixteen,  range  twelve,  containing  sixty-two 
\L  andto  a°St  acres  and  fi?tv-two  hundredths,  entered  in  the  name  of  Elizabeth  Par- 
of  land  entered  ker— both  situated  on  the  Red  River,  and  sold  at  the  Natchitoches  land 
in  ihe  name  of  office  on  the  eighth  of  May.  one  thousand  eight  hundred  and  forty. 
Elizabeth  Par-  And  the  Commissioner  of  the  General  Land  Office  is  hereby  directed  to 
issue  patents  to  the  said  Ballard  for  the  land  so  above  described. 


July  23,  1846.     No.  872.— A  RESOLUTION  authorizing  the  sale  of  certain  land  at  Baton  Rouge 
Vol.  9,  p.  113.  to  the  State  of  Louisiana. 


Secretary  of      Resolved,  $~c.,  That,  the  Secretary  of  War  be,  and  he  is  hereby,  author- 
War  authorized  ized  and  empowered  to  sell  and  convey  (for  the  use  and  benefit  of  the 
LouTiana  certain  State  °f  Louisiana)  to  the  three  commissioners  appointed  by  the  legis- 
land  near  Baton  lature  of  said  State  to  select  a  site  on  which  to  erect  a  State-house,  two 
Rouge  for  a  site  or  more  acres  of  the  tract  of  laud  owned  by  the  United  States,  lying  in 
for  State-house,    the  parish  of  East  Baton  Rouge,  State  of  Louisiana,  above  and  adjoin- 
ing the  town  of  Baton  Rouge :  Provided,  That,  in  the  judgment  of  the 
President  of  the  United  States,  said  sale  may  be  made  without  detri- 
ment to  the  public  interest. 


Aug.  6,  1846.      No.  873.— AN  ACT  to  provide  for  the  confirmation  of  certain  settlement  claims  in 
YoL  9,  p.  66.  the  Greensburg  land  district,  Louisiana. 

The    second      He  it  enacted,  $c.,  That  the  second  proviso  of  the  third  section  of  the 

ISSiiS/S  act  i°f  act  of  ei»ntu  May,  eighteen  hundred  and  twenty-two,  entitled  "An  act 

totheTeyortso'f  supplementary  to  the  several  acts  for  adjusting  the  claims  to  land  and 

Cosby  and  Skip-  establishing  laud  offices  in  the  districts  east  of  the  island  of  New  Or- 

with  on  certain  leans,"  shall  not  apply  to  the  reports  dated  eighteenth  November,  eight- 

ditfinl    hEhttteen  Dundred  an<i  twenty,  and  twenty -fourth  July,  eighteen  hundred 

hereby  ^confirnv  an(^  twenty -one,  of  Cosby  and  Skipwith,  on  settlement  claims  in  that 

^d.  part  of  Louisiana  which  lies  east  of  the  Mississippi  River  and  west  of 

Pearl  River  ;  but  such  claims  which,  according  to  the  said  reports,  were 

inhabited  or  cultivated,  or  where  the  date  of  settlement  was  before  the 

fifteenth  April,  eighteen  hundred  and  thirteen,  are  hereby  confirmed 

under  the  other  restrictioi-s  of  said  third  section ;  but  this  confirmation 

shall  in  no  manner  affect  prior  rights,  and  shall  only  amount  to  a  re- 

linquishment  on  the  part  of  the  United  States,  (a) 

(a)  See  Nos.  699, 701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,  738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  889,  899, 
904,  911,  946,  956,  957,  961,  967. 


Jan.  26,  1847.  No.  874.— AN  ACT  declaring  the  assent  of  Congress  to  certain  States  to  impose 
Vol  9,  p.  118.  a  tax  upon  all  lands  hereafter  sold  by  the  United  States  therein,  from  and  after  the 
day  of  such  sale. 

[States  admitted  into  the  Union  prior  to  April  24,  1820,  may  tax  pub- 
lic lands  after  the  day  of  sale.     See  OHIO,  No.  169.] 


March  2,  1847.    No.  875.— AN  ACT  confirming  the  claim  of  the  heirs  and   legal  representatives 
Vol.  9,  p.  690.  of  Pierre  Dufresne  to  a  tract  of  land. 


Claim  of  heirs     Be  it  enacted,  <fc.,  That  the  claim  of  the  heirs  and   legal  representa- 

of  Pierre  Du-  tives  of  Pierre  Dufresne  to  a  tract  of  land  situate  on  the  Bayou  Siard, 

fresne  to  a  tract  jn  the  state  of  Louisiana,  containing  six  acres  in  front,  with  a  depth  of 

°J  m' forty  acres,  bounded  on  the  west  by  the  lands  of  Francis  Duval,  be, 

Proviso.  and  the  same  is  hereby,  confirmed :  Provided,  That  the  said  confirmation 

shall  amount  only  to  a  relinquishment  of  all  the  right  and  claim  of  the 

Proviso.  United  States  to  the  said  tract  of  land :  And  provided,  also,  That  nothing 

herein  contained  shall  be  construed  to  affect  the  claim  or  claims  of  any 

individual  or  individuals,  or  of  any  body  politic  or  corporate. 


LOUISIANA.  381 

No.  876.— AN  ACT  for  the  relief  of  William  B.  Keene.  March  2,  1847. 

Be  it  enacted,  #c.,  That  the  entry  heretofore  made  at  the  land  office ^J 'p'  '  ' 

at  Ouachita,  in  the  State  of  Louisiana,  of  the  east  half  of  the  southeast  Entry  of  a  cer- 
quarter  of  section  twenty-six,  in  township  twenty  north,  of  range,  tain  tract  of .laud 
twelve  east,  by  certificate  number  four  thousand  eight  hundred  and  g.  lewie;  w£ 
seventeen,  be,  and  the  same  is  hereby,  confirmed,  and  a  patent  shall  be  firmed, 
issued  therefor  in  the  same  manner  as  for  other  lands  entered  at  the  Patent  to  issue. 
same  office. 


No.  877-878.—  AN  ACT  for  the  relief  of  the  heirs  of  Louis  de  la  Houssaye,  de- 

Io47. 


Vol.  9,  p.  691. 

Be  it  enacted,  #c.,  That  the  heirs  and  legal  representatives  of  Louis  de  .  —  -  --  - 
la  Houssaye,  deceased,  be  authorized  and  permitted  to  locate  the  tract  x,^  "cie  la^Hous- 
of  land  confirmed  to  them  by  an  act  entitled  "An  act  for  the  relief  of  save  authorized 
the  heirs  and  legal  representatives  of  Louis  de  la  Houssaye,"  approved  to  locate  the  tract 
second  March,  eighteen  hundred  and  twenty-seven,  upon  any  vacant  ot  iand  confirmed 
public  land  in  the  Opelousas  land  district,  in  Louisiana  :  'Provided,  That  vacanUaiT  &UJ 
said  lands  shall  not  be  located  in  less  quantities  than  a  quarter  of  a  Proviso. 
section,  (a) 

(a)  See  No.  759. 


No,  879.— AN  ACT  to  attach  a  portion  of  the  northwestern  land  district  of  Louisi-     £u"e(,16'  ^t8' 
ana  to  the  district  north  of  Ked  Elver,  Louisiana.  VoL  9>  P- 237- 


Be  it  enacted,  #c.,  That  from  and  after  the  first  day  of  October,  anno     A   Potion    of 
Domini  eighteen  hundred  and  forty-eight,  townships  fourteen  north  to  f^0 SaX  of 
twenty-three  north,  inclusive,  in  ranges  four  and  five  west,  shall  be  Louisiana attach- 
detached  from  the  northwestern  land  district,  Louisiana ;  and  the  same  ed  to  the  district 
shall,  from  and  after  the  date  aforesaid,  be  attached  to,  and  form  a  part  ^9  rth   of  Ked 
of,  the  district  north  of  Red  River,  Louisiana;  and  it  shall  be,  and  is  ±tlver- 
hereby,  made  the  duty  of  the  Commissioner  of  the  General  Land  Office 
to  cause  the  land  office  in  the  district  north  of  Red  River  to  be  fur- 
nished with  the  plats  and  other  papers,  or  transcripts  thereof,  relating 
to  the  townships  aforesaid,  and  to  have  this  act  carried  into  full  ef- 
fect, (a) 

(a)  See  Nos.  701, 704,  708, 710,  711, 718,  731,  737,  740, 831, 965. 


No.  880.— AN  ACT  for  the  relief  of  Edna  Hickman,  wife  of  Alexander  D.  Peck.        June  2 

Be  it  enacted,  ^-c.,That  the  title  to  two  tracts  of  land,  ten  arpens  front  — 
by  forty  deep,  each,  in  all  amounting  to  eight  hundred  acres,  situated  on     Title  ,to    *,w.° 
the  Bayou  Bartholomew, in  the  parish  of  Morehouse,  State  of  Louisiana,  KuTsi  ana  coif 
being  a  part  of  a  Spanish  grant  to  Baron  de  Bastrop,  of  date  first  June,  firmed  to   Edna 
seventeen  hundred  and  ninety-seven,  be,  and  the  same  is  hereby,  con-  Hickman. 
firmed  to  Edna  Hickman  :  Provided,  That  this  act  shall  not  be  so  con-    Proviso, 
strued  as  in  any  manner  to  confirm  any  part  of  said  de  Bastrop  grant, 
save  the  two  tracts,  or  to  affect  the  rights  of  third  persons  in  said  two 
tracts  hereby  confirmed. 

No.  881.— AN  ACT  for  the  relief  of  Charles  Cappel.  Aug.  5,  1848. 

Be  it  enacted,  #c.,  That  Charles  Cappel,  of  the  parish  of  Avoyelles, °  '  '  P' — — 

State  of  Louisiana,  his  heirs  and  assigns,  be  forever  confirmed  in  the  title,  _  Titleof  Charles 
use,  and  possession  of  all  that  certain  tract,  lot  and  parcel  of  land  situ-  tamtoact  onand 
ate  within  the  said  parish  of  Avoyelles,  at  Marksville,  in  the  prairie,  in  the  parish  of 
and  embraced  within  the  grant  of  the  Spanish  Government  to  Noel  Avoyelles,  Louis- 
Soileau,  lying  within  section  numbered  twenty-seven,  of  township  two  iana>  confirmed, 
north,  of  range  four  east,  as  described  upon  the  plat  of  the  public  survey 
of  the  lands  of  the  southwestern  district  of  Louisiana,  to  wit :  that 
tract  occupied  by  the  said  Charles  Cappel,  containing  two  hundred 
superficial  arpents,  five  arpents  front  by  forty  arpeuts  deep,  not  here- 
tofore confirmed  to  any  other  claimant. 

SEC.  2.  Beit  further  enacted,That  the  Secretary  of  the  Treasury  cause  Tract  to  be  sur- 
the  said  tract  of  two  hundred  superficial  arpents  to  be  surveyed,  and  a  ye.yed  and  patent 
patent  to  issue  to  said  Cappel,  his  heirs  and  assigns,  for  the  same. 


382  LOUISIANA. 

Aug.  11,  1848.       IV*.  SS2.— AN  ACT  for  the  relief  of  the  heirs  and  widow  of  Francois  Oramillion. 
Vol  0  iv.  735. 

JSe  it  enacted,  fc.,  That  the  claim  of  the  widow  and  heirs  of  Fraucois 


The   claim    of  Graimllion.  to  a  tract  of  seventeen  arpeus  front,  by  forty  deep.  in  the 
a"*oiaiC°W  Pa"sa  °^  Avoyelles,  Louisiana,  bo,  and  tho  same  is  hereby  continued,  ac- 
milliou  to  a  tract  Cording  to  :i  survey  executed  in  February,  eighteen  hundred  and  tweuty- 


of  land  confirm-  six.  by  Kenneth  MeCrummen.  deputy  surveyor  :  and  it  shall  be  the  duty 
«<!•  of  the  Commisssoner  of  the  General  Laud  Office  to  order  an  official  sur- 

vey to  be  returned  for  the  said  claim,  conforming  as  near  as  may  be  to 
a  survey  made  in  February,  eighteen  hundred  and  t  \\enty-Mx,  by  Ken- 
neth MeCrummon.  accompanying  the  petition  for  continuation':  and 
upon  the  return  to  the  General  Land  Office  of  an  official  survey,  properly 
PTON  executed  and  certified,  a  patent  shall  issue  :  /Von'itof,  That  the  eoutir- 

mation  ami  patent  shall  only  operate  a^  a  relinquishment  of  title  on  the 
part  of  the  I'uitod  States,  and  shall  in  no  way  prejudice  any  adverse 
lights  which  may  exist  to  any  part  of  the  premises  'before  such  official 
survey  shall  be  made. 

A  u  _  N».  SS3.—  A  \  ACT  for  the  relief  of  Frederic  Durrive. 

lie  U  enacted,  <fe.,That  Frederic  Durrivre  be,  and  he  is  hereby,  continued 


The  title  of  in  his  purchase  of  lot  number  six  teen,  in  township  number  seventeen,  of 
Iftederic  ^"""JT?  range  number  ti  f  teen  east,  ly  in  g  west  of  the  Mississippi  River,  entered 
IMOOtha  acres  of  au(l  Paid  lor  b>"   nim  :U  tlu>  laml  othee  :»t  New  Orleans,  containing  one 
land    iii  '  Missis-  hundred  and  sixty-live  acres  and  eleveu-humlredths  of  an  acre,  and  that 
sippi    confirmed  a  patent  be  issued  to  him  therefor:    /Vori</«W,  /ioimvr.  That  said  Dur- 
rive shall  tirst   procure  and    tile  with  the  register  of  the  district  the 
assent  in  writing  of  the  commissioners  of  schools,  and  a  majority  of  the 
voters,  in  the  township  in  which  said  land  is  situated,  to  such  continua- 
tion. ^,i> 

her  achool  • '"«'  b?  it  further  enacted.  That  if  such  patent  shall  be  issued  to 

lands  to  be  select-  said  Purrive.  in  pursuance  of  the  section  aforesaid,  then  the  register  of 
**•  the  laud  office  ami  receiver  of  public  money  in  said  district,  under  the 

direction  of  the  Secretary  of  the  Treasury,  shall   select  and  reserve  for 
tlie  ut«e  of  schools  in  said  township  other  lauds  in  the  same  or  adjoining 
township,  of  the  same  extent  and  quality  with  those  described  in  the 
first  section  of  this  ace.  (6) 
(a)  Se*X.' 
(6)  See  Ko*.  418,  704,  706,  710,  832,834,835.  ^--  ^1-  ^^.  ^-^  ^  ^-  ^1.  894,  W5.903. 


Jan.  8,  IHS\  ^o.  SS  1.  -AX  ACT  for  the  relief  of  Elisha  Thomason. 

VoL9.p.75Q.  fe  ^  cnact*xl,  «fc.,  That  Elisha  Thomason  is  hereby  permitted  to  com- 
Eliaha  Thoma-  plete  his  entry  and  purchase  of  the  northeast  quarter  of  section  sixteen, 
n  allowed  to  iu  township  lifteeu,  range  five  east,  in  the  land  district  north  of  Red 


aiul  imhase  Kiver:  Provided,  however.  That  said  Thomason  shall  first  procure  and 
of  a  certain  trmct  tile  with  the  register  of  the  district  the  assent,  in  writing,  of  the  com- 
of  land.  missioiiers  of  schools,  and  a  majority  of  the  free  white  adult  male  in- 

Proviso.  habitant*  of  the  township  in  which  said  land  lies,  to  such  entry  and  pur- 

chase. 

Other  land  to      S  '  rther  enacted,  If  such  entry  and  purchase  shall  be 

be  reserved  for  made  by  said  Thomason  in  pursuance  of  the  section  aforesaid,  then  the 
in  Ii0"  w^B^8if  ^  th°  ^lllu^  office  and  receiver  of  public  money  in  said  district, 
under  the  directions  of  the  Secretary  of  the  Treasury,  shall  select  and 
re>erve  tor  the  use  of  schools  in  said"  township,  other  laud  in  the  same 
or  adjoining  township,  of  the  same  extent  and  quality  with  those 
which  said  Thoniasou  is  hereby  allowed  to  enter  and  purchase  as  afore- 
Mid, 

(a)  See  Nos.  418,  704,  70S,  710,  838,  834,  835,  837.  <41  .  S«.  STtf.  ?  4  s?S>S,  903. 


No.  ?»S^ AN    AV  U  for  the  relief  of  Simon  Rodrigues. 

pl^l_      Be  it  enartrt.  .f-.-..  That  the  claim  of  Simon   Rodrigucs  to  his  ancien: 
nient  of  t«uir  hundred  arpens  of  laud,  situate  in  the   parifh  of  St. 

Xt"-**?!*'10  ,a-'^»»"»'i»».v.  in  the  Siaa-  of  Lottie  to  so   much   thereof  a>  can  be 

landoonfirued  located  in  accordance  with  the  lines  ot  public  surveys,  and  without  in- 
tertcrence  with  preexiMing  rigl.is.  or  grants,  or  sales,  by  the  United 
States,  be, and  the  same  is  hereby,  continued. 


LOUISIANA.  383 

SEC.  2.  And  be  it  further  enacted,  That  if  any  portion  of  the  ancient  if  any  portion 
settlement  aforesaid  shall  be  covered  by  preexisting  rights,  or  grants,  of  said  land  shall 
or  sales  by  the  United  States,  the  said  Simon  Rodrigues  shall  be  entitled  pr  e ?e xTs t i n g 
to  enter  at  the  land  office  of  the  district  within  which  the  said  ancient  rights  or  grants, 
settlement  is  situate,  such  quantity  of  land,  not  more  than  equal  to  such  he  shall  be  al- 
deficit,  as  he  may  select,  the  same  not  being  covered  by  a  preemption  0°]^  lands^in 
right,  and  subject  to  private  entry.  lieu  thereof. 

SEC.  3.  And  be  it  further  enacted,  That  the  acceptance,  by  the  said  Theacceptance 
Simon  Rodrigues,  of  the  provisions  of  this  act,  entirely,  or  in  part,  shall  by  said  Kodri- 
be  held  as  a  full  satisfaction  of  his  said  ancient  claim,  as  in  favor  of  the  f^ebe°jiei|{isaaca 
United  States,  as  also  in  favor  of  conflicting  claimants,  if  any  such  full  satisfaction 
there  be.  of  his  claims. 

No.  886.— AN  ACT  for  the  relief  of  James  B.  Davenport.  Jan.  10, 1849. 

Be  it  enacted,  <f  c.,  That  the  titles  to  two  tracts  of  land,  situated  in  the L 

parish  of  Moorhouse,  and  State  of  Louisiana,  one  containing  three  hun-     Titles  to   two 
dred  and  eighty  arpeuts,  being  part  of  a  large  tract  of  land  commonly  £ onVrVed  to 
known  as  the  Baron  de  Bastrop  grant,  which  was  assigned  and  set  off  to  jame8  B.  Daven- 
the  said  James  B  Davenport,  in  the  partition  of  the  real  estate  of  his  port, 
father,  the  late  Josiah  Davenport,  deceased,  by  deed  bearing  date  the 
fourth  of  March,  one  thousand  eight  hundred  and  ten ;  the  other  con- 
taining seven  hundred  and  sixty-six  acres  of  land,  being  part  of  a  large 
tract  commonly  known  as  "The  Bell  Grove"  tract, and  which  was  con- 
veyed by  Richard  Crampton  to  the  said  James  B.  Davenport,  by  deed 
bearing  date  the  twenty  eighth  day  of  April,  one  thousand  eight  hun- 
dred and  forty,  be,  and  the  same  are  hereby  confirmed,  so  far  as  the 
United  States  have  title  thereto,  to  the  said  James  B.  Davenport,  his 
heirs  and  assigns  :  Provided,  That  this  act  shall  not  be  so  construed  as  in    Proviso, 
any  manner  to  confirm  any  part  of  the  said  De  Bastrop  grant,  save  the 
said  two  tracts,  or  to  affect  the  rights  of  third  persons  in  said  two  tracts 
hereby  confirmed. 


No.  887.— AN  ACT  for  the  relief  of  Anthony  Bessee.  Jan.  10,  1849. 

Be  it  enacted,  #c.,  That  the  surveyor-general  of  the  State  of  Louisiana     VoL  9'  p" 7o3' 
is  hereby  authorized  and  directed  to  locate  for  Anthony  Bessee,  in  full     Surveyor-gen- 
satisfaction  of  his  six  hundred  and  forty  acre  confirmed  settlement  er^  of  Louisiana 
claim,  in  the  parish  of  East  Baton  Rouge,  Louisiana,  the  like  area,  ac-^on^Bessee  640 
cording  to  the  lines  of  the  public  surveys,  upon  any  unappropriated  acres  of  public 
land  belonging  to  the  United  States  in  the  Greensburgh  land  district,  land. 
Louisiana,  and,  upon  the  return  of  a  certificate  of  such  location  to  the    Patent  to  issue. 
General  Land  Office,  a  patent  shall  issue  to  the  said 


No.  888.— AN  ACT  to  confirm  Elizabeth  Burriss,  her  heirs,  or  assigns,  in  their  title     Jan.  10.  1849. 
to  a  tract  of  land.  Vol.  9,  p.  753. 

Be  it  enacted,  #c.,  That  Elizabeth  Burriss,  her  heirs,  or  assigns,  be,  and     Claim  of  Eliza- 
they  are  hereby,  confirmed  in  their  claim  to  a  tract  of  land,  containing  beth  Burriss  to  a 
six  hundred  and  forty  acres,  situate  in  the  Greensburgh  land  district,  in  fanofconfirmed 
the  State  of  Louisiana,  being  the  same  on  which  the  said  Elizabeth 
Burriss  resided  on  and  previous  to  the  third  of  March,  eighteen  hundred 
and  nineteen,  and  confirmed  by  commissioner's  certificate  number  two 
hundred  and  seven,  dated  the  eighth  day  of  November,  eighteen  hun- 
dred and  nineteen,  saving  and  reserving  any  and  all  previous  confirma- 
tions, sales,  or  grants,  made  by  the  United  States,  conflicting  with  the 
said  claim  of  said  Elizabeth  Burriss  ;  and  if  any  sales  of  all  or  a  portion 
of  said  claim  have  been  made  by  the  United  States,  the  said  Elizabeth 
shall  be  entitled  to  select  a  quantity  of  land  equal  to  the  amount  so  sold 
by  the  United  States,  by  legal  subdivisions,  elsewhere,  within  said  land 
district. 


No.  889,— AN  ACT  supplemental  to  the  act  approved  the  sixth  day  of  July,  eighteen  Jan.  19, 1 649. 
hundred  and  forty-two,  entitled  "  An  act  confirming  certain  land  claims  in  Louisi-  vol.  9,  p.  341. 
ana."  

Be  it  enacted,  <£-c.,  That  a  further  term  of  two  years,  from  and  after  the     Further     time 
passage  of  this  act,  be,  and  the  same  is  hereby,  conceded  to  locate  the  allowed  to  locate 


384  LOUISIANA. 

a  certain  land  claim  named  and  alluded  to  in  the  third  and  sixth  sections  of  the  act  to 
claim  in  Louisi-  which  this  act  is  supplemental,  and  therein  designated  as-  claim  number 
eight,  (a) 

(a)  See  Xos.  699,  701,  703,  701,  705,708,  710,712,716,718,  721,  722.  723,7-24,  7-28,  731,  732, 
737, 738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  899, 
904,  911,  946,  956,  957,  961,  967. 


Jan.  19.  I-!'.'.  No.  890.— AX  ACT  for  the  relief    of  Marcus  Fulton  Johnson. 

'  "  '  p'  'J  '         Be  it  enacted,  #c.,  That  whenever  the  Commissioner  of  the  General 

A  pre-emption  Land  Office  shall  be  satisfied  that  the  inhabitants  of  township  number 

allowed    M.    F.  eighteen,  of  range  thirteen  east,  in  the  Ouachita  land  district,  have 

u^twSt  ofaiand  abandoned  or  relinquished  their  claim  to  lot  or  fractional  section  num- 

in  Louisiana  on  ber  thirty-three,  in  said  township,  as  a  selection  for  school  purposes, 

certain  condi-  then  and  thenceforth  the  said  lot  of  land  last  named  shall  be  open  to 

tions.  the  preemption  claim  and  location  of  the  said  Marcus  Fulton  Johnson, 

upon  proper  proof  being  made,  as  is  required  by  existing  laws. 


Feb.  19, 1849.  No.  891.— AX  ACT  for  the  relief  of  James  P.  Sexton  and  Joshua  Holden. 

Be  it  enacted,  cfc.,  That  James  P.  Sexton  is  hereby  permitted  to  com- 


J-  p-  1§exton  plete  his  entry,  and  purchase  a  half  quarter- section  of  laud,  situate  in 
lowed  to  com" the  land  district  north  of  Red  River  in  the  State  of  Louisiana,  it  being 
plete  their  en-  the  east  half  of  the  southwest  quarter  of  section  sixteen,  township  fif- 
tries  to  certain  teen,  range  five  east ;  and  Joshua  Holden  is  also  authorized  to  enter  the 
tracts  of  school  west  half  of  the  same  quarter-section. 

Other  land  to     SEC-  2-  And  6e  H  further  enacted,  That  it  shall  be  the  duty  of  the  reg- 

be    reserved   in  ister  of  the  land  office  and  receiver  of  public  moneys  in  the  district  afore- 

lieu  thereof.          said,  under  the  direction  of  the  Secretary  of  the  Treasury,  to  select  and 

reserve,  for  the  use  of  schools  in  the  aforesaid  township,  other  lands  of 

the  same  extent  and  quality  within  the  same  or  the  next  adjoining 

township,  in  lieu  of  the  quarter-section  which  the  said  Sexton  and  the 

said  Holden  are  hereby  permitted  to  purchase,  and  which  embraces  their 

Proviso.  improvements :  Provided,  That  the  said  Sexton  and  the  said  Joshua 

Holden  shall  first  obtain  and  file  with  the  register  of  the  district  the 

assent  thereto  of  the  commissioners  of  schools  of  the  parish  in  which 

the  land  lies,  and  of  a  majority  of  the  free  white  male  inhabitants  of  the 

township,  over  twenty-one  years  of  age.  (a) 

(a)  See  Xos.  418,  704,  708,  710,  832,  834,  835,  837,  841,  843,  853,  859,  883,  884,  894,  895,  903. 


Fcb  19  1649.      Wo*  892.— AX  ACT  for  the  relief  of  Sarah  D.  Caldwell,  wife  of  James  H.  Brigham. 
Vol.  9,  p.  764.        ge  ft  ^acted,  $-c.}  That  the  title  to  two  parcels  of  land,— one  con- 
Title  of  Sarah  taining  eight  hundred  and  seventy-five  arpens,  the  other  one  hundred 
D.   Caldwell    to  and  seventy-one  arpens,  being  part  of  a  tract  of  land  known  as  the 
two  tracts  of  land  Baron  de  Bastrop,  which  is  held  by  Sarah  D.  Caldwell,  by  regular  chain 
Br'  of  title  from  De  Bastrop —be  confirmed  to  Sarah  D.  Caldwell,  her  heirs 
Proviso.  and  assigns  :  Provided,  That  this  act  shall  not  be  so  construed  as  in  any 

manner  to  confirm  any  part  of  said  De  Bastrop  grants  save  the  said  two 
tracts,  or  to  affect  the  rights  of  third  persons  in  said  two  tracts  hereby 
confirmed,  or  to  be  any  thing  more  than  a  mere  relinquishment  of  any 
title  which  the  United  States  may  have  in  said  tracts  of  land. 


March  2, 1849.    No.  893.— AX  ACT  to  aid  the  State  of  Louisiana  in  draining  the  swamp  lands 
Vol.  9,  p.  352.  therein. 

Certain  swamp  &e  ^  enacted,  #c.,  That  to  aid  the  State  of  Louisiana  in  constructing 
lands  granted  to  the  necessary  levees  and  drains  to  reclaim  the  swamp  and  overflowed 
State  of  Louisi-  lands  therein,  the  whole  of  those  swamp  and  overflowed  lands,  which 
ana-  may  be  or  are  found  unfit  for  cultivation,  shall  be,  and  the  same  are 

hereby,  granted  to  .that  State. 

How  said  lands     SEC.  2.  And  be  it  further  enacted,  That  as  soon  as  the  Secretary  of  the 

shall  be  selected.  Treasury  shall  be  advised,  by  the  governor  of  Louisiana,  that  that  State 

has  made  the  necessary  preparation  to  defray  the  expenses  thereof,  he 

shall  cause  a  personal  examination  to  be  made,  under  the  direction  of 


LOUISIANA.  385 

the  surveyor-general  thereof,  by  experienced  and  faithful  deputies,  of 
all  the  swamp  lands  therein  which  are  subject  to  overflow  and  unfit  for 
cultivation  ;  and  a  list  of  the  same  to  be  made  out,  and  certified  by  the 
deputies  and  surveyor-general,  to  the  Secretary  of  the  Treasury,  who 
shall  approve  the  same,  so  far  as  they  are  not  claimed  or  held  by  indi- 
viduals j  and  on  that  approval,  the  fee-simple  to  said  lands  shall  vest  in 
the  said  State  of  Louisiana,  subject  to  the  disposal  of  the  legislature 
thereof  :  Provided,  however,  That  the  proceeds  of  said  lands  shall  be  ap-     Proceeds      of 
plied  exclusively,  as  far  as  necessary,  to  the  construction  of  the  levees  lands ;  how  to  be 
and  drains  aforesaid.  aPPlle(L 

SEC.  3.  And  be  it  further  enacted,  That  in  making  out  a  list  of  these     How   selection 
swamp  lands,  subject  to  overflow  and  unfit  for  cultivation,  all  legal  sub- is    to    be   made 
divisions,  the  greater  part  of  which  is  of  that  character,  shall  be  included  ^  ^subdivision 
in  said  list ;  but  when  the  greater  part  of  a  subdivision  is  not  of  thar  is  swamp  land, 
character,  the  whole  of  it  shall  be  excluded  therefrom :  Provided,  Jiow-     Proviso   as  to 
ever,  That  the  provisions  of  this  act  shall  not  apply  to  any  lands  front-  laud  on  bayous, 
ing  on   rivers,  creeks,  bayous,  water-courses,  &c.,  which    have    been  &c- 
surveyed  into  lots  or  tracts  under  the  acts  of  third  March,  eighteen 
hundred  and  eleven,  and  twenty-fourth  May,  eighteen  hundred  and 
twenty-lour:  And  provided,  further,  That  the  United  States  shall  in  no     Proviso, 
manner  be  held  liable  for  any  expense  incurred  in  selecting  these  lands 
and  making  out  the  lists  thereof,  or  for  making  any  surveys  that  may 
be  required  to  c&rry  out  the  provisions  of  this  act. 


No.  894.— AN  ACT  for  the  relief  of  James  G.  Carson.  March  3, 1849. 

Be  it  enacted,  <f-c.,  That  James  G.  Carson  be,  and  he  is  hereby,  author-     Yo1-  9)  P- 776> 
ized  and  permitted  to  make  and  complete  his  purchase  of  lot  numbered     James  G.  Car- 
sixteen,  of  township  numbered  nineteen,  of  range  thirteen  east,  in  the  son  authorized  to 
district  of  lands  north  of  Red  River,  subject  to  entry  and  sale  at  Oua-  "»*?   ^nd  com- 
chita,  in  the  State  of  Louisiana,  by  paying  at  the  said  land  office  the  ^&^e  Of  sa  ^er- 
sum  of  one  dollar  and  twenty-five  cents  per  acre  for  the  same  ;  and  it  tain  lot  of  land  in 
is  hereby  made  the  duty  of  the  United  States  officer  at  the  said  office  to  the    district    of 
receive  from  him  the  said  price,  and  issue  to  him  a  certificate  therefor,  Ouacuita,  Louisi- 
upon  which  he  shall  be  entitled  to  a  patent,  as  in  other  cases  of  pur-  a! 
chases  of  land  from  the  Government. 

SEC.  2.  And  be  it  further  enacted,  That  the  selection  heretofore  made,  Selections  here- 
under  the  directions  and  approval  of  the  Secretary  of  the  Treasury,  of  tofore  made  in 
lots  numbered  twenty-five,  twenty-six,  and  twenty-seven,  in  said  town-  said  district  for 
ship  nineteen,  for  the  use  of  schools,  in  lieu  of  lot  sixteen,  be,  and  the  neu  of  lot  16*  con- 
same  is  hereby,  confirmed,  (a)  firmed. 

(a)  See  Nos.  418,  704,  708,  710,  832,  834,  835,  837,  841,  843,  853,  859,  863,  884,  891,  895,  903. 


No.  895.— AN  ACT  for  the  relief  of  Sidney  Flower,  of  Louisiana,  and  for  other  pur-     March  3, 1849. 

poses.  Vol.  9,  p.  779. 

Be  it  enacted,  #c.,  That  Sidney  Flower  be,  and  he  is  hereby,  author-     Sidney  Flower 
ized  to  enter,  at  the  minimum  price  of  one  dollar  and  twenty-five  cents  authorized  to  en- 
per  acre,  lot  number  three  in  township  one  (north)  of  range  eight  east,  a^es  Oj  jau7{  ^ 
containining  one  hundred  and  fifty-nine  and  sixty-eight  one  hundred  Louisiana. 
acres,  in  the  district  north  of  Red  River,  Louisiana :  Provided,  As  said     Proviso, 
lot  has  been  selected  for  schools,  that  a  majority  of  the  male  inhabitants 
of  the  township  shall  assent  to  the  purchase,  by  filing  an  instrument  to 
that  effect  in  the  local  land  office. 

SEC.  2.  And  be  it  further  enacted,  That  upon  such  an  instrument  being  Other  school 
filed  in  the  aforesaid  office,  the  proper  authorities  shall  have  the  right  lands  to  be  se- 
to  select  an  equal  area  for  schools  on  other  public  lands,  in  the  same  " 

land  district,  (a) 

(a)  See  Nos.  418,  704,  708,  710,  832,  834,  835,  837,  841,  843,  853,  859,  883,  884,  891,  894,  903. 


No.  896.— AN  ACT  for  the  relief  of  Amelia  Couvillion,  of  Louisiana.  March  3,  1849. 

Be  it  enacted,  #c.,  That  Mrs.  Amelia  Couvillion,  wife  of  Zeneu  St — I^L^L^ 
Remain,  be,  and  she  is  hereby,  authorized  to  enter  as  a  preemption,  and     Amelia      Cou- 
at  the  minimum  price  of  public  lands,  the  area,  in  legal  subdivisions  of  yillion      author- 
one  quarter- section,  so  as  to  embrace  her  present  actual  settlement  and 1ZI 
25  L  O— VOL  II 


386  LOUISIANA. 

pre-emption  a  cer-  "a  certain  improvement  on  a  piece  of  public  land,  situated  in  the  parish 
tain  tract  of  land  of  Avoyelles,  on  Bayou  des  Glaises,"  in  the  State  of  Louisiana,  it  appear- 
in  Louisiana.        jDg  fr('m  an  official  certificate,  dated  the  sixteenth  of  October,  eighteen 
hundred  and  forty-eight,  of  the  recorder  of  said  parish,  that  the  said 
Mrs.  Amelia  Couvilliou  became  the  purchaser  at  sheriff's  sale  of  all  the 
right,  title,  and  interest  of  her  said  husband  in  the  aforesaid  improve- 
ment :  Provided,  hoicerer,  That  the  right  hereby  allowed  be  subject  to 
any  valid  adverse  claim,  if  snch  exist,  to  any  part  of  the  land. 


Jan  27  1851  Hf«».897. — AX  ACT  to  grant  the  right  of  preeemption  to  certain  purchasers  and 
Vol  9  'n  565  settlers  on  the  "  Maison  Rouge  grant,  "  in  the  event  of  the  final  adjudication  of  the 
VO|-*'P-  title  ^  favor  o£  the  United  States. 

Certain      pur-     Be  it  enacted,  <fc.,  That  in  the  event  of  a  final  adjudication  by  the 

chasers  under  the  court  in  favor  of  the  United  States,  on  the  "  Maison  Rouge  grant,"  under 

Maison      Rouge  the  act  of  Congress,  approved  seventeenth  June,  eighteen  hundred  and 

iS  in  case  the  forty-four,  entitled  "An  act  to    provide  for  the  adjustment  of  land 

title  of  the  Unit- claims  within  the  States  of  Missouri,  Arkansas,  and  Louisiana,  and  in 

ed  States  is  con-  those   parts  of   the  States  of   Mississippi  and  Alabama   south  of  the 

the^'land   "JJT  thi^y-tirst  degree  of  north  latitude,  and  between  the  Mississippi  and 

chased  by  them! 'P^'«lido  rivers,"  every  person,  his  heirs,  or  legal  representatives,  who, 

prior  to  the  first  March,  eighteen  hundred  and  forty-nine,  purchased 

land  in  good  faith,  and  for  a  valuable  consideration,  from  Daniel  W. 

Coxe,  or  other  persons  holding  titles  derived  under  the  said  Maison 

Rouge  grant,  on  the  Ouachita  River,  in  the  State  of  Louisiana,  and 

who  has  improved  and  cultivated  the  land  so  purchased,  or  any  part  of 

it,  shall  be,  and  he  is  hereby,  authorized  to  enter,  with  the  register  of 

the  land  office  for  the  district  in  which  said  land  may  be,  as  nearly  as 

practicable  by  legal  subdivisions,  the  whole  or  any  portion  of  the  tract 

or  tracts  so  purchased,  to  include  the  residence  and  improvement,  upon 

paying  to  the  United  States  the  minimum  price  of  public  lands. 

Notice    to    be      SEC.  2.  And  be  it  further  enacted,  That  in  the  event  of  such  final  adju- 
given    of     such  dication,  it  shall  be  the  duty  of  the  register  of  the  proper  district  to 
right  of  pre-emp-  polish  a  notice  of  the  fact  in   some   newnpaper  circulating   in   the 
vicinity  of  the  land,  with  a  declaration  of   the  readiness  of  the  land 
office  to  receive  preemption  applications  under  this  act,  and  thereupon 
every  person  claiming  a  right  of  preemption  under  this  act  shall  be 
Twelve  months  allowed  twelve  months  within  which  to  enter  and  pay  for  the  laud  so 
allowed  to  enter  claimed,  from  and  after  the  date  of  the  first  public  advertisement,  and 
and  pay.  jn  conformity  with  such  instructions  as  may  be  given  by  the  Commis- 

Proviso  as  to  ner  of  the  General  Land  Office :  Provided,  That  notice,  specifying  the 
notice  of  inten-  ^articular  tracts  so  claimed,  shall  be  given  within  three  months  after 
tion-  such  first  advertisement,  to  the  register,  of  the  intention  of  the  claim- 

ant to  make  such  purchase  of  the  United  States,  and  that  no  sale  or 
entry  shall  be  permitted  to  land  within  the  limits  of  the  aforesaid 
Maison  Rouge  claim  until  the  expiration  of  the  aforesaid  three  months, 
and  the  lands  embraced  in  the  aforesaid  notices  or  preemption  applica- . 
tions  shall  not  be  liable  to  sale  to  other  persons  as  public  lands,  unless, 
after  the  expiration  of  the  aforesaid  term  of  twelve  months,  it  shall  be 
found  that  no  preemption  under  this  act  shall  have  been  established  to 
the  same. 

Provision    for     SEC.  3.  And  le  it  further  enacted.  That  if  the  residence  and  improve- 

the  case  of  two  ments  of  two  or  more  persons  entitled  to  preemption  as  aforesaid  shall 

teenier  the  same  be  foun<l  on  any  one  of  the  smallest  legal  subdivisions  of  the  public 

subdivision.         lands,  the  same  may  be  entered  jointly  by  the  parties  in  order  that  they 

may  secure  and  divide  the  same,  according  to  their  several  rights,  and 

in  default  of  one  or  more  of  the  parties  taking  the  proper  steps  within 

the  time  prescribed,  to  secure  the  benefit  of  this  act,  it  phall  be  lawful 

for  any  one  of  the  parties  of  this  class  to  make  the  entry  of  the  whole 

of  such  legal  subdivision  for  his  sole  benefit,  (a) 

(a)    See  Nos.  704,  708,  710,  720,  722,  729,  730,  731.  732,  761,  768,  786,  813,  818,  849,  858, 
860,  899,  919,  920,  928,  963. 

IVh.'l-J.  l*.-.l.       No.  898.— AX  ACT  to  amend  and  act  entitled  "An  act  for  the  relief  of  Frederic 
Vol.  9,  p.  809.  Durrive,1'  approved  August  fourteen,  eighteen  hundred  and  forty-eight. 


Proviso  in  for-      />''    //  triactid.  <jy.,  That  the  proviso  contained  in  the  first  eection  of 
mer  act  repealed,  the  above-entitled  act  be,  and  the  same  is  hereby,  repealed,  (a) 

(a;  See  No.  883. 


LOUISIANA.  387 

No.  K99.— AX  ACT  for  the  settlement  of  certain  classes  of  "  private  land  claims  "     March  3, 1851. 
within  the  limits  of  tbe  "  Baron  de   Bastrop  grant,"  and  for  allowing  preemptions     Vol.  9,  p.  597. 
to  certain  actual  settlers,  in  the  event  of  the  final  adjudication  of  the  title  of  the  — 
said  De  Bastiop  in  favor  of  the  United  States. 

Be  it  enacted,  <$-c.,  That  in  the  event  of  a  final  adjudication  by  the  court     in  the  event  of 
in  favor  of  the  United  States,  on   the  ''Baron  de  Bastrop "  claim  in  an    adjudication 
Louisiana,  under  the  act  of  Congress,  approved  on  the  seventeenth  uniteTTstat  s** 
June,  one  thousand  eight  hundred  and  forty-four,  entitled  "  An  act  to8pectj,,g    ^ 
provide  for  the  adjustment  of  land  claims  within  theStatesof  Missouri,  "Baron  De  Bas- 
Ai  Kansas,  and  Louisiana,  and  in  those  parts  of  the  States  of  Mississippi  trop"  claim,  no- 
and  Alabama  south  of  the  thirty-first  degree  of  north  latitude,  and  be-  ™J  daimaSS 
tweeu  the  Mississippi  aud  Perdido  livers,"  the  register  and  receiver  forjowe(}  to  file  no- 
the  Ouachita  land   district,  Louisiana,  shall   give  public  notice  of  thetices. 
fact  in  some  newspaper  circulating  in  the  vicinity  of  the  land,  and 
•within  twelve  months  from  and  after  the  date  of  the  first  publication 
of  such  notice,  it  shall  and  may  be  lawful  for  any  original  claimants  of 
the  classes  hereinafter  mentioned  in  this  section  of  the  present  act,  their 
heirs  or  legal  representatives,  to  file  with  the  aforesaid  register  and  re- 
ceiver notices  descriptive  of  their  claims,  and  specifying  their  precise 
localities  and  area,  with  the  testimony  in  support  of  the  same. 

First :  All  bo«a-fide  claimants  by  purchase  irorn  De  Bastrop,  or  those     Classes    of 
Jholding  under  him,  where  the  land  has  been  occupied  uiid  cultivated  claimants, 
for  twenty  years. 

Second  :  All  bona-fide  claimants  of  "  head  rights,"  for  not  exceeding 
six  hundred  and  forty  acres,  their  heirs  or  legal  representatives,  where 
the  original  claimant  came  over  and  settled  the  land  under  the  contract 
between  the  Spanish  Government  and  De  Bastrop,  even  though  the 
Jand  was  not  actually  sold  or  conveyed  to  such  original  claimants  by 
the  said  De  Bastrop. 

Third :  All  bona-fide  claimants  for  not  exceeding  six  hundred  and 
forty  acres,  as  actual  settlers  prior  to  the  twentieth  December,  eighteen 
hundred  and  three,  where  they  havo  held  such  continued  possession  as 
to  show  that  they  identified  themselves  with  the  ownership  of  the  land. 

SEC.  2.  And  be  it  further  enacted,  That  after  the  expiration  of  the     After  twelve 
twelve  months  aforesaid,  it  shall   be  the  duty  of  the  register  and  re-  months,  a  report 
•ceiver,  pursuant  to  such  instructions  as  may  be  given  by  the  Commis-  to   be  made   re- 
sioner  of  the  General  Land  Office,  to  make  a  report  with  the  notices,  and  specting  the  mer- 
all  the  testimony,  to  the  General  Land  Office,  specifying  all  such  cases  as lts 
in  their  opinion  came  within  the  principles  recognized  under  the  sev- 
eral heads  mentioned  in  the  foregoing  section,  and  which  according  to 
1  hose  principles  ought  to  be  confirmed,  and  such  as  in  their  opinion  ought 
to  be  rejected. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Com-  Keport  to  be 
missioner  of  the  General  Land  Office  to  lay  the  report  aforesaid  before  laid  before  Con- 
Congress  for  final  action  thereon,  and  all  claims  recommended  for  confir-  8re^8-. 
mation  shall  be  reserved  from  sale  until  the  final  action  of  Congress  on  mendeTfo^con- 
the  report  aforesaid,  and  all  claims  reported  as  rejected  shall  be  treated  firmation  to  be 
,as  other  public  lands.  reserved  from 

SEC.  4.  And  be  it  further  enacted,  That  the  claims  numbers  forty,  forty-  sa^:  .  d 

four,  forty-five,  forty-six;  forty-seven,  forty-eight,  and  fifty-one,  favora-  as  rejectedPto  be 
bly  reported  on  by  Daniel  J.  Sutton,  as  register  for  the  district  north  of  treated  as  other 
Red  River,  Louisiana,  and  entered  in  the  first  class  of  his  report,  dated  public  lands, 
first  January,  eighteen  hundred  and  twenty-one,  but  on  account  of  be-^gJ^S  47  49  and 
ing  within  the  limits  of  the  Bastrop  grant,  have  been  excluded  from  51'  favorably  re- 
the  confirmatory  provisions  of  the  second  section  of  the  act  of  Congress,  ported  on  by 'Dan- 
approved  February  twenty-eight,  eighteen  hundred  and  twenty- three.  ielJ.  sutt  on,  con- 
entitled  "  An  act  supplementary  to  the  several  acts  for  the  adjustment  JJJSt  of  M  adjtJ 
of  land  claims  in  the  State  of  Louisiana,"  be,  and  the  same  shall  be  dication  in  favor 
held  confirmed,  in  the  event  of  the  final  adjudication  of  the  Bastrop  of  the  United 
claim  in  favor  of  the  United  States  as  aforesaid:  Provided,  That  thi8sta«^ 
confirmation  shall  only  operate  as  a  relinquishment  of  title  on  the  part  to ojerateonly°as 
of  the  United  States,  and  shall  in  no  way  prejudice  or  affect  any  sale,  a  reiinquishuieut 
or  other  right  existing  at  the  time  when  tbe  survey  shall  be  executed,  of  of  title, 
the  claims  hereby  conditionally  confirmed;  and  in  the  event  of  the  Patents  to 
final  adjudication  of  the  Bastrop  giant  as  aforesaid,  and  upon  the  re- 
turn  of  approved  plats  of  survey  for  tbe  claims  specified  in  this  section, 
relinquishment  patents  shall  be  issued  as  in  other  cases,  (a) 

SEC.  5.  And  be  it  further  enacted,  That  in  the  event  of  a  final  adjudi-     Pre-emption 
cation,  in  favor  of  iL-e  United  States,  of  the  Bastiop  claim,  as  ccntt-m-  ^rtafaf 
plated  by  the  first  section  of  this  act,  every  brna  fide  settler  on  any  On  said  claim, 
part  oi  baid  land,  ;.r  ihe  time  of  the  extension  of  the  public  surveys  over 


388  LOUISIANA. 

the  same,  who  is  a  man  of  family,  wid  w,  or  single  man  over  twenty- 
one  years  of  age,  and  an  actual  housekeeper  thereon,  and  who,  hnt  for 
the  reservation  heretofore  made  of  said  laud  for  the  claim  of  the  said 
Bastrop,  would  have  been  entitled  to  a  right  of  preemption  under  some 
one  of  the  preemption  laws,  be.  and  he  is  hereby  authorized  to  enter 
the  quarter-section  so  resided  on,  or  by  adjoining  legal  subdivisions,  so 
as  to  include  his  residence  and  land  cultivated  or  improved,  any  num- 
Proof  to  be  her  of  acres  not  to  exceed  one  hundred  and  sixty  acres,  upon  making 
made  within  one  prOof  of  such  settlement,  housekeeping,  &o.,  to  the   satisfaction  of  the 
veys  are  extend-  regi8ter  and  receiver,  as  in  ordinary  cases,  at  any  time  within  a  year 
ed  over  said  land,  after  the  public  surveys  are  so  extended  over  said  land.  (&) 

(fl)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  '.12,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,738,739,740,745,746,749,752,753,777,790,  817,619,  8-26,  852,  863,  864,  873,  8«9r 
904,911,  946,  956,  957,  9«1,  967. 

(ft)  See  Nos.  704,  708,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,  818,  849,  858, 
e(>0,  S97,  919,  920,  928,  963. 

Jan.  22,  1853.       No.  900.— AN  ACT  for  the  relief  of  the  heirs  of  William  McFarland,  deceased, 
p.  745.  .  .Cj  That  auy  interest  which  the  Uuited  States  may 


Certain  land  re-  have  in  and  to  a  certain  tract  of  laud  situate  iu  townsip  five,  south  of 
le/9w-irtbehMrSrau»e  one  wtJ8t'  iu  action  three,  in  the  Greenslmrg  land  district,  in  the 
Farland  State  of  Louisiana,  ami  which  tract  is  laid  down  in  the  transcript 

plat  in  the  General  Land  Office,  in  thje  names  »>f  MfFarlaud  and  Mail- 
lard,  as  though  confirmed,  is  hereby  released   t<>  the  lawful  heirs  of 
William  McFarland,  of  the  parish  of  East  Baton  Rouge  in  said  State  of 
Proviso.  Louisiana  :  Provided,  however,  That  nothing  in  this  act  shall  take  away, 

impair,  impede  or  affect  in  any  way  any  right,  title, interest.claim  or  re- 
covery of  any  person  or  persons  whatsoever  claiming,  or  to  claim  said  land. 


Feb.  9, 1853.         No.  9OI.-AN  ACT  for  the  relief  of  C.  L.  Swayze,  in  relation  to  the  location  of 
VoL  10,  p.  752.  certain  Choctaw.scrip. 


Location  of     Be  it  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office 
Choctaw     scrip,  jje?  au<i  ne  js  hereby  authorized  and  required  to  approve  the  location  of 
by  C.  L.  Swayze,  cerfaju  Choctaw  scrip,  made  at  the  land  office  at  Opelousas,  Louisiana, 
'    by  C.  L.  Swayze,  on  the  sixth  day  of  August,  anno  Domini,  one  thou- 
sand eight  hundred  and  forty-nine,  embracing  thirteen  certificates,  lo- 
cated in  township  four  south,  range  six  east,  as  per  entries  thereof : 
Proviso.  Proridcd,  That  nothing  in  this  act  contained  shall  operate  further  than 

to  relinquish  the  interest  of  the  United  States  in  said  land. 


March  3, 1853.  tfo.  902.— AN  ACT  for  the  relief  of  Maria  Taylor. 

jVoL  10,  P.  766^     B&  u  enacte(^  ^  That  Mrs  Maria  Taylor,  wife  Of  William  R.  Taylor, 
Mrs.  Maria  of  the  parish  of  Ascension,  State  of  Louisiana,  claiming  in  her  own 
Taylor  confirmed  rjgQt,  a  certain  tract  of  land  situated  in  the  parish  of  Ascension  afore- 
SinTand16  <     ^  said>  near  its  uPPer  limits,  on  the  left  bank  of  the  river  Mississippi,  con- 
taining eleven  and  a  half  arpents  front  by  forty  in  depth,  bounded 
above  by  the  land  of  late  Jean  Louis  Parent,  and  below  by  the  land  of 
late  Pierre  Prospere,  together  with  the  tract  immediately  adjacent  to  and 
back  of  said  front  tract,  containing  a  front  of  twelve  arpents,  by  forty 
additional  arpeuts  depth,  with  such  diverging  of  the  lateral  lines  as  to 
embrace  an  area  of  five  hundred  acres,  be  and  she  is  hereby,  confirmed 
Proviso.  in  the  title  thereto  :  Provided,  That  this  act  shall  only  be  construed  as 

a  relinquish ment  of  the  Government  of  all  claim  to  said  tract  of  land  : 
Proviso.  Andprovided  also,  That  this  act  shall  not  operate  against  the  claim  of 

any  third  person  to  said  tract  of  land. 


April  20, 1854.  No.  903.— AN  ACT  for  the  relief  of  John  Gasman,  of  Louisiana. 

YoL  10,  p.  779.        Be  it  enacteA^  ^  That  the  claim  of  John  GU8man)  under  an  ancient 
Claim  of  John  purchase  of  the  interest  of  one  Rialleux,  and  in  virtue  of  ancient  and 
Gusman  to   cer-  colltiimed  possession  lor  more  than  a  third  of  a  century,  be,  and  the 
C°n"  8ame  i8  hereby,  confirmed  to  a  certain  tract  of  land,  fronting,  on  the 
north,  the  Bayou  Bonfouca,  in  township  nine  south,  of  range  fourteen 


LOUISIANA.  389 

east,  iii  the  Greensburg  land  district,  Louisiana,  and  embracing  frac- 
tious of  sections  nine,  ten,  fifteen,  seventeen,  eighteen,  nineteen,  twenty, 
twenty-three,  twenty-six,  twenty-seven,  twenty-eight,  thirty-two,  and 
thirty-three,  and  sections  sixteen,  twenty-one,  and  twenty- two,  accord- 
ing to  a  survey  executed  by  one  Joseph  Troskolowski,  as  represented 
on  a  plat  accompanying  the  petition  of  the  said  Gusman,  it  being  the 
intent  of  this  act  to  recognize  the  claim  of  the  said  Gusman  to  all  of  the 
said  land  referred  to,  embracing  the  school  section  :  Provided,  The  school     Proviso, 
authorities  accede  to  the  same,  and  will  take  other  land  in  lieu  of  said 
school  section,  which  they  are  hereby  authorized  to  do:  And  provided   .Further   pro- 
further,  That  this  act  shall  only  operate  as  a  relinqnishment  forever  on  viso. 
the  part  of  the  United  States  to  the  said  lauds,  and  shall  not  interfere 
\\  j  rh  adverse  valid  rights  of  others,  if  such  exist,  to  any  part  of  the  land 
<  in  braced  in  the  claim  and  survey  aforesaid,  (a) 

(a)  See  Xos.  418,  704,  708,  710,  832,  t34,  835,  837,  841,  843,  853,  859,  883,  884,  891,  894,  895. 

IVo.  904.— AN  ACT  confirming  certain  land  claims  in  Louisiana,  in  the  Bastrop     June  29, 1854. 

grant.  Vol.  10,  p.  299. 

Be  it  enacted,  $-c.,  That  such  of  the  claims  entered  in  the  report  dated     ^r          7 
thirtieth  of  July,  eighteen  hundred  and  fifty-two,  of  the  register  and  tion  ^  sCuchland 
receiver  at  Monroe,  Louisiana,  as  in  their  opinion  ought  to  be  continued,  claims  as  in  the 
according  to  the  principles  recognized  in  the  act  of  Congress  of  the  opinion  of  the 
third  March,  eighteen  hundred  and  forty-one,  pursuant  to  which  the  ^elverat  Monroe 
said  report  was  made,  be,  and  the  same  are  hereby,  confirmed  for  the  ought  to  be  con- 
extent  and  under  the  limitations  referred  to  in  the  opinions  of  the  said  firmed, 
officers. 

SEC.  2.  And  belt  further  enacted,  That  the  confirmation  by  this  act  shall     HOW  f  ar  the 
only  operate  as  a  reliuquishment  on  the  part  of  the  United  States,  and  confirmation   ex- 
shall  not  affect  the  right  of  adverse  claimants  to  the  same  lands,  nor  tends. 
prevent  a  judicial  decision  in  regard  to  the  same  ;  and  upon  the  rendi- 
tion to  the  General  Land  Office  of  a  proper  plat  of  f  urvey,  duly  ap- 
proved by  the  survey  or- general,  for  any  confirmation  by  this  act,  the     ^\rnen  patent 
Commissioner  shall  cause  a  patent  to  be  issued,  if  satisfied  that  the  same  to  be  issued, 
is  confirmed  and  surveyed  according  to  the  true  intent  of  this  act :  Pro-     Proviso. 
mded,  That  if  in  any  case  a  claim  confirmed  by  this  act  was  not  actually 
located  prior  to  the  third  of  March,  eighteen  hundred  and  fifty -one,  no 
location  of  the  same  shall  be  made  to  the  prejudice  of  any  actual  settler, 
but  such  floating  claim  may  be  located  on  any  public  lands  in  the  Ouachita 
district,  to  which  there  may  be  no  existing  preemption  or  other  valid 
claim,  under  such  regulations  as  may  be  prescribed  by  the  Commissioner 
of  the  General  Land  Office,  (a) 

.(a)  See  Nos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737-,  738,  739,  740,  745,  716,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889, 
£99,  911,  946,  956,  957,  961,  967. 

Wo.  905.— AN  ACT  to  confirm  the  Claim  of  William  H.  Henderson,  and  the  heirs     July  17,  1854. 
of  Robert  Henderson,  to  five  hundred  acres  of  land  in  the  Bastrop  grant.  Vol'.  10,  p.  784. 


Be  it  enacted,  #c.,  That  William  H.  Henderson  and  the  heirsof  Kobert     William  H. 
Henderson,  of  the  parish  of  Morehouse,  State  of  Louisiana,  be,  and  they  Henderson's   and 
.are  hereby,  confirmed  in  their  claim  to  five  hundred  acres  of  land  in  the  il6^6  Pf    Robert 
prairie  of  Jefferson,  on  which  the  said  heirs  reside,  as  represented  in  the  ciaelu^  to^amfcon8 
report  of  the  register  and  receiver  of  the  land  office  at  Monroe,  in  their  firmed. 
report  of  the  thirtieth  of  July,  eighteen  hundred  and  fifty-two,  and  that     Patent  for  same 
a  patent  issue  to  them  after  a  legal  survey  duly  returned  :    Provided,  tOp^J!£j,o 
That  this  act  shall  be  construed  only  as  a  relinquishment  of  title  on  the 
part  of  the  United  States,  and  shall  not  affect  the  claims  of  other  per- 
sons to  the  same,  if  any. 


No.  906.— AN  ACT  for  the  relief  of  A.  B.  Roman,  of  Louisiana.  July  17  1854 

Lc  it  enacted,  $c.,  That  A.  B.  Roman,  of  the  parish  of  St.  Jameo,  and     Vul- 10-  P- 785- 
&!;iie  of  Louisiana,  be,  and  he  is  hereby,  confirmed  in  all  the  right,  title,     AH  the  right 
and  interest,  now  held  or  possessed  b>  the  United  States  in  and  to  the  &c.    the  United 
following  lands,  now  in  his  occupation,  to  wit :  eighteen  arpens  front  on  States    Lave    in 
the  right  bank  of  the  Mississippi  River,  and  running  back  to  the  stream  flin^d*  to  A°°B~ 
or  bayou  called  Icetamon,  in  said  parish,  being  part  of  a  French  grant  Roman, 
made  to  Nicholas  Verret  in  seventeen  hundred  and  sixty-five ;  and  also 
nine  arpents  and  six  toises  front,  adjoining  the  first-described  tract,  with 


390  LOUISIANA 

the  depth  of  forty  arpents,  for  the  nine  arpents  and  six  toises  front,  the 
said  last  described  tract  consisting  of  two  complete  grants  made  by  the 
Spanish  Government  to  Joseph  Herbert  and  Jean  Baptiste  Cormie  on  the 
twenty-seventh  of  September,  seventeen  hundred  and  seventy-three, 
and  the  two  tracts  so  described  containing  seven  thousand  four  hundred 
Provi80  and  thirty- eight  acres  of  land:  Provided,  That  this  act  shall  only  be 

construed  to  vest  in  the  said  A.  B.  Roman  the  rights,  title,  and  interest, 
in  said  lands  now  held  and  possessed  by  the  United  Staffs,  and  shall  not 
be  construed  in  any  way  to  impair  the  boua-fide  rights,  interests,  or 
.    claims,  acquired  by  any  other  person  under  adverse  grants,  concessions, 

or  purchases,  made  prior  to  the  passage  of  this  act. 

Patent  to  be  SEC.  2.  And  be  it  further  enacted.  That  a  patent  be,  and  the  same  is 
issued  for  said  hereby,  directed  to  be  issued  to  the  said  A.  B.  Roman  for  the  lands  de- 
lands>  scribed  in  this  act. 


Xo.  907 .-AX  ACT  for  the  relief  of  Richard  King. 

July  21,  1854.        Be  it  enacted,  <fc.,  That  Richard  King  be,  and  he  is  hereby,  confirmed 
Vo£  10,  p.  796.    in  his  title  to  two  hundred  and  forty  arpents  of  land  on  the  eastern 
Hi  -h-  rd  Kine's  ])ank  of  t.ne  Ouachita  River,  in  the  parish  of  Caldwell,  State  of  Lonis- 
title°to    240  ar-  iana>  which  was  conveyed  by  the  claimant  of  the  Maison  Rouge  grant 
pents    of     land  to  Bagwell  Baily,  in  eighteen  hundred  and  eighteen,  for  cutting  a  road 
confirmed.  through  said  grant,  and  has  remained  in  the  possession  of,  and  in  culti- 

vation by,  said  Baily  and  his  successors,  to  the  present  time,  and  is  now 
.    a  part  of  the  plantation  of  said  King,  on  which  he  has  resided  for  many 
sue*  *  l*~  yeara  5  and  that  a  patent  issue  to  him  for  it,  after  a  legal  survey  is  made 

and  returned,  under  the  direction  of  the  surveyor-general :  Provided, 
That  this  act  shall  amount  only  to  a  relinquishment  of  title  on  the  part 
of  the  United  States. 


July  27,  1854.     No.  908.— AN  ACT  confirming  a  certain  land  claim  in  Louisiana  known  as  the 
Vol*  10,  p.  800.  Fleuriau  claim. 

The  claim  of  ^e  **  enac^)  <$'c">  That  the  heirs,  assigns,  and  legal  representatives  of 
the  heirs,  &c.,  of  Charles  J.  B.  Fleuriau,  or  Floriau,  be,  and  they  are  hereby,  confirmed  in 
Charles  '  J.  ''B.  their  claim  to  a  tract  of  land  described  in  a  petition  or  request  ad- 
Fleuriau  to acer-  dressed  by  Joseph  Villars  Dubreuil  to  the  governor  and  commissary  of 
confirmed  r^ne  °^  ^e  Province  °f  Louisiana,  on  the  first  day  of  Jane,  seven- 

teen hundred  and  sixty-three,  as  the  same  was  surveyed  by  A.  F. 
Righter,  a  deputy  surveyor,  in  the  year  eighteen  hundred  and  thirty- 
nine,  and  certified  by  H.  T.  Williams,  surveyor-general  of  the  State  of 
Louisiana,  on  the  fourteenth  of  December,  eighteen  hundred  and  thirty- 
nine,  and  for  the  full  extent  of  the  land  embraced  in  said  surveys  ;  and 
Patent  to  issue,  that  a  patent  shall  issue  therefor :  Provided,  That  this  act  shall  be  held 
and  taken  only  as  a  relinquishment  on  the  part  of  the  United  States. 


July  29  1854  1*°*  909«— A^  ACT  for  the  relief  of  the  Pine  Grove  Academy,  in  Louisiana. 

Yot  10,'p.  802.        Be  it  enacted,  #c.,  That  the  president,  directors,  and  trustees,  of  the 
Saidacademy's  Pine  Grove  Academy,  in  the  parish  of  Caldwell,  Louisiana,  be,  and  they 
title  to    certain  are  hereby,  confirmed  in  their  title  to  the  lot  of  forty  acres  of  land  on 
lands  in  Louisi-  which  said  academy  is  situated,  near  Columbia,  donated  to  them  by 
Hyams,  Chew,  and  McCoy,  claiming  under  the  Maison  Rouge  grant,  in 
eighteen  hundred  and  thirty-nine,  as  more  particularly  described  in  the 
act  of  donation  ;  and  that  the  said  president,  directors,  and  trustees,  be 
also,  and  they  are  hereby,  confirmed  in  their  title  to  a  certain  tract  or 
parcel  of  land,  situated  in  said  parish  of  Caldwel!,  with  about  one  mile 
front  on  the  west  bank  of  the  Ouachita  River,  and  running  west  be- 
tween five  and  six  miles,  and  known  as  lot  number  twenty-three,  in  the 
plat  number  one,  of  the  Maisou  Rouge  grant,  surveyed  b?  John  Dins- 
more,  a  deputy  surveyor  of  the  United  States,  containing  about  four 
thousand  acres,  donated  to  them  by  Daniel  W.  Coxe,  one  of  the  claim- 
ants of  said  grant,  in  eighteen  hundred  and  thirty- nine,  and  that  patents 
When     patent  ^e  i88Ueo^  to  them  for  said  lands,  after  a  legal  survey,  under  the  in- 
to be  issued,         structions  of  the  surveyor-general  of  Louisiana:  Provided,  Thar,  this  act 
Proviso.  shall  amount  only  to  a  relinquishment  of  title  on  the  part  of  the  United 

States,  and  that  it  shall  not  be  construed  to  interfere  in  any  manner 
with  the  rights  of  settlers  on  said  lands  at  the  date  of  this  act. 


LOUISIANA.  391 

No.  910.— AN  ACT  for  the  relief  of  A.  G.  Penn.  A\I%.  1>  1854 

Be  it  enacted,  $c.t  That  A.  G.  Perm,  of  the  parish  of  St.  Tauiauy,  Lou-     Vol>  10)  p" 806- 
isiana,  be,  and  he  is  hereby,  authorized  to  enter,  by  way  of  preemption,     A.  G.  Penn  au- 
th^  southwest  quarter  of  section  twenty-three,  township  six  south,  of  thorized  to  enter, 
range  ten  east,  in  the  Green sburg  laud  district,  State  of  Louisiana,  upon  JJJL ^JJ  °*  *££ 
his  paying  therefor,  to  the  proper  officer  of  the  land  office,  the  sum  of  tain    quarter  of 
one  dollar  and  twenty-five  cents  per  acre  :  Provided,  however,  That  this  land  upon  paying 
act  shall  not  be  so  construed  as  to  interfere  with  any  adverse  claim  to  f  1-23  per  acre, 
the  laud  hereby  authorized  to  be  purchased,  if  any  such  there  be. 


No.  911.— AN  ACT  to  revive  the  act  approved  March  third,  eighteen  hundred  and     Aug.  3,  L854. 
twenty-three,  and  the  act  approved  May  twenty-sixth,  eighteen  hundred  and  twenty-     Vol.  10,  p.  347. 
four,  supplemental  thereto,  in  reference  to  the  Rio  Hondo  claims  to  land  in  Lou-  — 
isiana. 

Be  it  enacted,  ^-c.,  That  the  act  approved  March  third,  eighteen  him-     The     act    of 
dred  and  twenty-three,  entitled  "An  act  providing  for  the  examination  March    3,    1823, 
of  the  titles  to  land  in  that  part  of  the  State  of  Louisiana  situated  be-  JJjJ  ^  ^   °* 
tweeu  the  Kio  Hondo  aud  the  Sabine  River,"  and  the  act  approved  May  viv'etl    for    two 
twenty-sixth,  eighteen  hundred  and  twenty-four,  entitled  "An  act  sup-  years,  from   the 
plemeutary  to  an  act  providing  for  the  examination  of  titles  to  laud  in  promulgation  of 
that  part  of  the  State  of  Louisiana  situated  between  the  Rio  Hondo  th 
and  the  Sabine,"  be,  and  the  same  are  hereby,  revived  for  and  during 
the  space  of  two  years  from  the  promulgation  of  this  act.  (a)  Compensation 

SEC.  a.  And  be  it  further  enacted,  That  the  register  aud  receiver  atof  th«  register 
Natchitoches  shall,  severally,  receive,  as  a  full  compensation  for  the  ^tc^i^hes  for 
duties  required  of  them  by  the  acts  herein  revived,  the  sum  of  fifty  their  duties  uu- 
dollars,  whenever  they  shall  have  finished  the  business  required  of  them  der  the  above 
by  the  acts  herein  revived,  and  shall  forward  their  reports  to  the  Secre-  acts- 
tary  of  the  Treasury. 

(a)  See  Nos.  699,  701,  703,  704,  7G5,  708,  710,  712,  71G,  718,  721,  722,  723,  724  728,  732, 
737,  738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  b!9,  826,  852,  863,  864,  873, 
889,  899,  904,  946,  956,  957,  961,  967. 


No,  912. -AN  ACT  for  the  relief  of  John  McVea  and  John  F.  McKneely,  of  Lou-     Aug.  3, 1854. 

isiana.  Vol.  fi,  p.  814. 

Be  it  enacted,  <$-c.,  That  upon  the  return  to  the  land  office  at  Greensburg,     John     McVea 
Louisiana,  of  plats  of  surveys,  duly  approved  by  the  surveyor-general,  and  John  F.  Mc- 
of  township  three  south,  of  range  one  west,  and  township  three  south,  ^rfa'in0  land 
of  range  one  east,  it  shall  and  may  be  lawful  for  John  McVea  and  John  which  they  have 
F.  McKueely  to  enter,  at  one  dollar  and  twenty-five  cents  per  acre,  the  held   in    posses- 
one  thousand  acre  tract  or  parcel  of  land  which  they  have  long  held  in  sion  upon  certain 
possession  and  cultivation,  and  which  is  represented  as  covering  parts  con(Ut'lons- 
of  sections  one,  two,  eleven,  and  twelve,  in  township  three  south,  of 
range  one  west,  and  parts  of  sections  six,  seven,  thirteen,  and  eighteen, 
of  township  three  south,  of  range  one  east,  in  the  Greensburg  land  dis- 
trict, Louisiana :  Provided,  That  the  entry  shall  be  made  of  the  quan-     Proviso, 
tity  aforesaid,  according  to  the  legal  subdivisions  of  the  public  lands, 
and  shall  embrace  the  quantity  aforesaid  and  the  land  actually  culti- 
vated and  enclosed  by  them,  as  near  as  may  be  :  And  provided,  further,     Further     pro- 
That  the  entry  or  entries  made  under  the  provisions  of  this  act,  shall V18()i 
not  be  to  the  prejudice  of  any  valid  adverse  rights,  if  any  such  exist, 
to  any  part  of  the  land  aforesaid. 


No.  913.-  AN  ACT  for  the  relief  of  the  legal  representatives  of  Charles  Pavie. 

Be  it  enacted,  <$-c..  That  the  Commissioner  of  the  General  Land  Office  --- 


be,  and  he  is  hereby,  authorized  and  required  to  correct  the  error  in  the     Error  in   land 
description  of  the  claim  lor  land  by  Charles  Pavie  (number  thirty-  °lai.m  £ 
seven)  in  the  report  of  the  register  and  receiver  of  the  land  office  at  rectea. 
Ouachita,  Louisiana,  dated  July  twenty-fourth,  eighteen  hundred  and 
thirt-seven  iled  "An  act  confirmin    cer- 


thirty-seven, and  confirmed  by  the  act  entitled  "An  act  confirm 
tain  land  claims  in  Louisiana,"  approved  July  sixth,  eighteen  hundred 
and  forty-two,  and  to  have  the  same  located  on  the  south  or  right  side 
of  Red  River  descending,  not  exceeding  the  quantity  claimed  and  con- 
firmed us  aforesaid  :  Provided,  That  this  is  only  to  operate  as  a  quit-claim 
on  the  part  of  the  United  States. 


392  LOUISIANA.   ' 

An"  :•>  l,-:>4  :Vo>  **J  !•— A^  ACT  for  the  relief  of  the  lejial  heii-s  of  Benjaniiii  Metoyer. 

Vol.  10,  p.  g-24.        y;e  ,-f  enacted,  tj-e.,  That  Benjamiu  Metoyer,  of  Natchitoches  Parish,  of 

Beni.  Metoyer  Louisiana,  be  authorized  to  enter  for  himself  and  the  other  heirs  of  Ben- 
autbo'iized  to  eu-  jamin  Metoyer,  deceased,  [as]  near  as  may  be  by  legal  subdivisions^one 
-.  ;aiu  laud  mmfire,j  aut^  twenty-three  and  twelve  oue-hundredths  acres  of  land. 
Metoye'T1  ont'  of  au>'  Public  lands  belonging  to  the  United  States. 

Patents  to  issue  SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Land 
for  lands  hereto-  Office  be  authorized  to  issue  to  the  said  heirs  and  legal  representatives, 
fore  confirmed  to  patents  for  the  lands  heretofore  confirmed  to  them  or  those  under  whom 

1 116111.  »  i      •          i  ^    *-* 

they  claim  by  acts  of  Congress. 


Aug.  5, 1854.       No.  915.— AN  ACT  for  the  relief  of  Robert  F.  McGuire  and  Louisa,  Ms  wife,  late 
Vol.  10,  p.  825.  Louisa  Lamy. 


11.   F.  and  L-     Be  it  enacted,  <$-c.}  That  Robert  F.  McGuire,  and  Louisa  McGuire,  his 
McGuire,      con-  wife,  late  Louisa  Lamy,  be,  and  they  are  hereby,  confirmed,  in  their 
firmed   in    their  f  jt|e  to  a  certain  tract  of  land,  in  the  State  of  Louisiana,  containing 
tract  of  lamT  *m  four  hundred  arpeuts,  situate  in  and  being  a  part  of  the  "  Baron  de  Bas- 
trop  grant,"  being  the  same  tract  to  which  the  said  McGuire  and  wife 
derived  their  title  from  the  conveyance  of  A.  Morehous,  dated  seven- 
Proviso,  teenth  April,  eighteen  hundred  and  nine :  Provided,  That  this  act  shall 
be  considered  only  as  areliuquishraent  of  title  on  the  part  of  the  United 
States  to  the  said  tract,  and  not  prejudice  the  rights  of  third  persons. 


Jan.  1 -:.  '  :-•.">.     No.  916.— AX  ACT  for  the  relief  of  the  heirs  and  representatives  of  Uriah  Pre  vritt. 
Vol.  10. 1'.  >:s'.i.  deceased. 


Heirs  an«l  n  p  Ik1  it  enacted,  c)Y.,  That  the  heirs  and  legal  representatives  of  Uriah 
re.si-iuuihvs  of  Prewitt,  deceased,  be,  and  they  are  authorized  to  locate  on  any  unap- 
authorized'to^io!  l)r°Prijlte(l  public  lands  in  the  State  of  Louisiana,  the  quantity  of  four 
cat.  404  acres  in  hundred  and  twenty-four  acres;  and  on  obtaining  a  proper  certificate 
L<  nisiaua.  of  such  location,  from  the  local  land  office,  under  the  instructions  of  the 

Patent  to  issue.  Commissioner  of  the  General  Land  Office,  a  patent  shall  issue  to  them. 


Jan   I-1    I-V.       No.  9l7.— AX  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  William 
Vol."  10,  p.  830.  Weeks. 


Land    claim      Beit  enacted,  #c.,  That  the  heirs  and  legal  representatives  of  William 
coini  rniod     t  o  Weeks  be,  and  they  are  hereby,  confirmed  in  their  claim  to  a  tract  of 
heirs  and  repre-  land,  containing  two  thousand  and  thirty  arpens,  situated  in  the  parish 
WfflSmWeeta.  of  West  Feliciana,  State  of  Louisiana,  being  the  same  granted  to  said 
William  Weeks,  by  an  order  of  survey  of  "  Grand  Pre,"  then  governor 
of  West  Florida,  on  the  thirty-first  day  of  May,  one  thousand  eight 
hundred  and  six,  according  to  the  survey  made  by  Ira  C.  Kneeland, 
deputy- survey  or,  under  commission  from  said  governor,  on  the  twenty- 
second  day  of  September,  one  thousand  eight  hundred  aud  six,  of  record 
in  the  office  of  the  register  of  the  land  office  at  Greensburg,  Louisiana, 
and  a  patent  shall  issue  therefor  :  Provided,  That  this  act  shall  be  held 
and  taken  only  as  a  relinquishmeut  on  the  part  of  the  United  States. 


J'in   1°  1855  ^°*  9 IS.— AX  ACT  for  the  relief  of  Francois  Cousin. 

Vol.  10, p. 841.        j$e  a  cttarti-d,  a- ..  That   Francois  Cousin  be,  and  he  is  hereby,  con- 
Francois  Cou-  firmed  in  his  title  to  all  those  parts  of  sections  twenty,  twenty -one, 
sin  confirmed  in  twenty-two,  twenty-three,  twenty-four,  twenty-five,  twenty-six,  twen- 
a  certain  land  ti-  ty-seven,  twenty  eight,  twenty-nine,  thirty-five,  and  thirty-six,  in  towu- 
ina-  ship  eight  south,  of  range  twelve  east,  which  are  included  within  the 
limits  of  the  original  claim  of  the  said  Francois  Cousin,  tiled  before  the 
commissioner  to  adjust  private  land  claims  in  Louisiana  ;  also,  all  that 
parcel  of  land  described  as  section  forty,  in  township  eight  south,  of 
range  r\\vl\v  east,  and  section  thirty-seven,  in  township  eight  >out!i,  oi 
riMi'ge  thirteen  east,  all   being  in  the  parish  of  St.  Tammany,  ami 
of  Loni>; 

Patenttoissue       SEC.  'J.  And  In-  it  further  enacted,  That  the  Commissioner  of  the  Gen- 
'  era!  Land  Office  shall   issue  a  patent  or  patents  to  the   said  Francois 
Cousin  for  the  lands  above  confirmed. 


LOUISIANA. 


393 


No.  919 — AN  ACT  extending,  in  certain  cases,  the  provisions  of  the  act  entitled  '  March  2,1855. 
"An  act  to  extend  preemption  rights  to  certain  land  therein  mentioned,"  approved  Vol.  10,  p.  626. 
[March  third,  eighteen  hundred  and  tifty-three.  


lie  it  enacted,  j-c.,  That  the  right  of  preemption  granted  by  the  act  of 
third  March,  eighteen  hundred  and  fifty-three,  entitled  "An  act  to  ex-  Rouge  grant  and 
tend  preemption  rights  to  certain  lands  therein  mentioned,"  shall  be,  De  Bastrop 
and  the  same  is  hereby  extended  so  that  the  settler,  or  occupant  on  the  grant- 
Maison  Rouge  grant  and  the  De  Bastrop  grant,  entitled  to  the  benefits 
of  said  act,  shall  be  entitled  to  enter,  at  the  minimum  price,  every 
quarter  quarter  subdivision,  on  which  he  has  made  improvements:  Pro- 
vided, however,  That  where  any  part  df  the  improvements  of  two  or  more 
settlers  or  occupants  is  on  the  same  quarter  quarter-section,  the  same 
shall  be  entered  in  their  joint  names,  and  their  rights  shall  be  propor- 
tionate to  the  extent  and  value  of  their  improvements  thereon,  (a) 

(a)  SeeNos.  704,  708,  710,  720,  722,  729,  730,  731,  732,  761,  768,  786,  813,.  818,  849,  858,  860,  897, 
699,  920,  928,  963. 


I¥o.  920.— AN  ACT  making  a  grant  of  lands  to  the  State  of  Louisiana,  to  aid  in  the     June  3, 1856. 
construction  of  railroads  in  said.  State.  Vol.  11,  p.  18. 


Be  it  enacted,  t^c.,  That  there  be  and  is  hereby  granted  to  the  State  of     Grant  of  land 
Louisiana,  for  the  purpose   of  aiding  in  the  construction  of  a  railroad  to  Louisiana  for 
from  the  Texas  line,  in  the  State  of  Louisiana,  west  of  the  townofar    r 
Greenwood  ;  via  Greenwood,  Shreveport,  and  Monroe,  to  a  point  on  the 
Mississippi  River,  opposite  Vicksbnrg;  and  from  New  Orleans  by  Ope- 
lousas,  to  the  State  hue  of  Texas  ;  and  froui  New  Orleans  to  the  State 
line,  in  the  direction  to  Jackson,  Mississippi ;  every  alternate  section  of 
land  designated  by  odd  numbers,  for  six  sections  in  width  on  each  side 
of  said  road.     But  in  case  it  shall  appear   that  th«>  United  States  have,     Grant  in  lieu  of 
when  the  line  or  route  of  said  road  is  definitely  fixed,  sold  any  sections, lands.  pre-empted 
or  any  parts  thereof,  granted  as  aforesaid,  or  that  the  right  of  preemp- 
tion has  attached  to  the  same,  then  it  shall  be  lawful  for  any  agent  or 
agents,  to  be  appointed  by  the  governor  of  said  State,  to  select,  subject 
to  the  approval  of  the  Secretary  af  the  Interior,  from  the  lauds  of  the 
United  States,  nearest  to  the  tier  of  sections  above  specified,  so  much  in 
alternate  sections,  or  parts  of  sections,  as  shall  be  equal  to  such  lands  as 
the  United  States  have  sold,  or  otherwise  appropriated,  or  to  which  the 
light  of  preemption  has  attached  as  aforesaid;  which  lands  (thus  se- 
lected in  lieu  of  those  sold,  and  to  which  preemption  rights  have   at- 
tached as  aforesaid,  together  with  the  sections  and  parts  of  sections 
designated  by  odd  numbers  as  aforesaid,  and  appropriated  as  aforesaid,) 
shall  be  held  by  the  State  of  Louisiana  for  the  use  and  purpose  afore- 
said :  Provided,  That  the  lands  to  be  so  located  shall  in  no  case  be  further 
than  fifteen  miles  from  the  line  of  said  roads  and  selected  for  and  on 
account  of  said  road  :  Provided  further,  That  the  lands  hereby  granted 
shall  be  exclusively  applied  in  the  construction  of  said  roads,  and  shall     Land,  how  ap- 
be  disposed  of  only  as  the  work  progresses,  and  the  same  shall  be  applied  plied, 
to  no   other  purpose  whatsoever :  And  provid(d  farther,  That  any  and  all 
laucis  heretofore  reserved  to  the  United  States  by  any  act  of  Congress,  or    Act  not  to  ap- 
iu  any  other  manner  by  competent  authority,  for  the  purpose  of  aiding  ply    to   reserva- 
in  any  object  of  internal  improvement,  or  for  any  other  purpose  what-  tions  except  as  to 
BUI  ver,  be,  and  the  aame  are  hereby,  reserved  to  the  United  States  from  rig 
the  operation  of  this  act,  except  so  far  as  it  may  be  found  necessary  to 
locate  the  route  of  said  railroads  through  such  reserved  lands,  in  which 
case  the  right  of  way  only  shall  be  granted,  subject  to  the  approval  of 
the  President  of  the  United  States,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  sections,  and  parts  of  sec-     Price  of  alter- 
tious,  of  land  which,  by  such  grant,  shall  remain  to  the  United  States,  nate    sections 
within  six  miles  *on  each  side  of  said  roads,  shall  not  be  sold  for  less  than  doubled, 
double  the  minimum  price  of  the  public  lands  when  sold ;  nor  shall  any 
of  said  lands  become  subject  to  private  entry  until  the  same  have  been 
first  offered  at  public  sale  at  the  increased  price.  (&) 

'SEC.  3.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted     Objec  t  of  grant, 
to  the  said  State,  shall  be  subject  to  the  disposal  of  the  legislature  a    pu£5o    high- 
thereof,  for  the  purposes  aforesaid,  and  no  other  ;  and  the  said  railroads  wav  for  Govern- 
shall  be  and  remain  a  public  highway  for  the  use  of  the  Government  of  meht 
the  United  States,  free  Jroui  toll  or  other  charge,  upon  the  transportation 
of  any  property  or  uo<.ps  of  the  United  States. 


394  LOUISIANA. 

Lands, how dis-  SEC.  4.  And  In- it  further  enacted,  That  the  lands  hereby  granted  to- 
posed,  gajd  state,  shall  be  disposed  of  only  in  manner  following ;  that  is  to 
say,  that  a  quantity  of  land  not  exceeding  one  hundred  and  twenty 
sections,  and  included  within  a  continuous  length  of  twenty  miles  of 
said  roads,  may  be  sold ;  and  when  the  governor  of  said  State  shall 
certify  to  the  Secretary  of  the  Interior  that  any  twenty  continuous 
miles  of  said  roads  are  completed,  then  another  like  quantity  of  laud 
hereby  granted  may  be  so  sold;  and  so,  from  time  to  time,  until  said 
roads  are  completed  ;  and  if  said  roads  are  not  completed  within  ten 
years,  no  further  sale  shall  be  made,  and  the  lands  unsold  shall  revert, 
to  the  United  States,  (a) 

Transportation     SEC.  5.  And  be  it  further  enacted,  That  the  United  States  mail  shall  be 
of  mails.  transported  over  said  roads  under  the  direction  of  the  Post  Office  De- 

partment, at  such  price  as  Congress  may,  by  law,  direct :  Provided,  That 
uutil  such  price  is  iixed  by  law,  the  Postmaster-General  shall  have  the 
power  to  determine  the  same. 

(a)  See  Koa.  822,  828.  829,  924, 962, 964, 966. 

(b)  See  Xos.  704,  706,  710,  720,  722,  729,  730,  731,  732,  761,  768, 786,  813,  818,  849,  858,  860, 

897,899,919,928,963. 


August  6, 1856.    No.  921.— AX  ACT  for  the  relief  of  Cephise  Tiseros,  widow  of  Louis  Labranche,  of 
Vol.  11,  p.  455.  the  parish  of  St.  Charles,  and  State  of  Louisiana. 


Cephise    Pise-      Be  it  enacted,  j-e.,  That  Cephise  Piseros,  as  heir  at  law  of  Jean  Francois 
ros  confirmed  in  Piseros,  deceased,  be,  and  she  is  hereby,  confirmed  in  her  title  to  a  tract 
the^riSTo?  sT  o£  laml  in  tbe  Parish  of  St-  Charles,  and  State  of  Louisiana,  situate  on 
Charles,La.        '  tue  lelt  bank  of  the  Miaaiwippi  River, of  about  four  arpents  in  front, 
with  a  depth  of  forty  arpents,  bounded  on  the  north  by  the  claim  of 
Jean  Francois  Piaeroe,  designated  us  "  number  eighty-eight"  in  the  re- 
port of  the  board  of  commissioners  for  the  eastern  district  of  the  Terri- 
tory of  Orleans,  and  on  the  south  by  the  lands  of  Adelard  Fortier,  desig- 
nated as  claim  number  <l  four  hundred  and  eighty-eight ''  by  the  register 
and  receiver  of  the  land  office  for  the  eastern  district  of  Louisia.ua,  in 
their  report  of  March  twenty-second,  eighteen  hundred  and  sixteen. 
Patent  to  issue.      SEC.  2.  And  b>  it  farther  <  nactid,  That  the  Commissioner  of  the  General 
Laud  Office  shall,  upon  being  presented  with  a  plat  and  certificate  of 
survey  of  the  said  tract  of  land,  legally  executed  by  the  proper  officer, 
issue  a  patent  for  the  same  :  I'rurided,  howercr,  That  such  patent  shall 
operate  only  as  a  celinquishmeut  on  the  part  of  the  United  States,  and 
shall  not  affect  or  prejudice  the  rights  of  any  third  person. 


August  6,  1856.  ^°*  922«— AN  ACT  for  the  relief  of  Randall  D.  Livingston. 

Vol.  11,  P.  455.        Be{t  enaciaitfCm)  That  Randall  D.  Livingston  be,  and  he  is  hereby,. 
RandallD.  Liv-  confirmed  in  his  title  to  a  certain  tract  of  land,  lying  and  being  within 
ingston  connrni-  the  limits  of  the  "'Baron  de  Bastrop  grant,"  in  the  State  of  Louisiana^ 
*f  •  iU  .  w  1{}?d  and  described  as  follows,  to  wit :  Beginning  at  a  corner  post  in  the  edge 
De^astropgrant  of  a  Prairie  known  as  prairie  "Mer  Rouge  ;"  running  thence  south  one 
in  Louisiana.        hundred  and  fifty  poles,  to  two  black  oaks  and  three  gums ;  thence  east 
one  hundred  and  thirty-three  poles,  to  a  hickory  and  gum  ;  thence  north 
one  hundred  and  fifty  poles,  to  three  gums  and  a  dogwood ;  thence  west 
one  hundred  and  thirty-three  poles,  to  the  place  of  beginning  ;  contain- 
ing two  hundred  acres,  being  the  same  tract  of  land  conveyed  by  A. 
Morehouse  to  John  Martin  Merriwether,  by  deed,  dated  February  first, 
anno  Domini  eighteen  hundred  and  five ;  and  being,  also,  that  part  of 
the  two  tracts  of  land,  amounting  in  the  aggregate  to  four  hundred 
acres,  claimed  by  the  said  Randall  D.  Livingston  before  the  commis- 
sioners appointed  under  the  act  entitled  "  An  act  foe  the  settlement  of 
certain  classes  of  private  land  claims  within  the  limits  of  the  Baron  de 
Bastrop  grant,"  &c.,  approved  March  third,  eighteen  hundred  and  fifty- 
one,  which  was  not  confirmed  by  the  said  commissioners. 

Patent  to  issue.      SEC.  ~-  ^"(^  l)(>  it  further  enacted,  That  the  Commissioner  of  the  General 

'  Land  Office  shall,  upon  the  receipt  of  a  plat  and  certificate  of  survey  of 

To  operate  only  the  said  tract  of  land,  legally  executed  by  the  proper  officer,  issue  a 

as   a  relinquish-  patent  for  the  some  :  Provided,  howercr.  That  such  patent  shall  only  ope- 

ment  of  title  of  rate  as  a  relinquishment  on  the  part  of  the  United  States,  and  shall  not 

States  affect  or  prejudice  the  rights  of  any  third  person. 


LOUISIANA.  395- 

No.  923.— AX  ACT  to  confirm  Joseph  Wandestrand  in  his  title  to  certain  lands.       August  C,  Ic56. 
/>  it  enacted,  <fc.,That  Joseph  Wandestrand  be,  and  he  is  hereby,  cou-    Yo1' llt  p" 436' 
firmed  in  his  title  to  a  certain  tract  of  land  in  the  State  of  Louisiana,     TUU.-OI  Joseph 
and  described  as  follows,  to  wit:  Sections  numbered  fifty-five,  fifty -BIX,  Wanderstraud  to 
and  fifty-seven,  in  township  numbered  twelve  south,  of  range  numbereu  Jf0r^sl(1anJlaD(1coin 
ten  east,  (east  of  the  Mississippi  River,)  in  the  southeastern  district  of  firmed 
Louisiana  :  Provided,  That  this  act  shall  only  be  construed  to  be  a  re-     Confirmation  to 
linquishment  on  the  part  of  the  United  States ;  and  shall  not  prejudice,  act  only  as  a  re- 
or  in  any  way  affect,  the  rights  of  any  third  person.  ttngutehment   of 


IVo.  924,— AX  ACT  granting  public  lands  in  alternate  sections  to  the  State  of  Mis-     -^UK- ll.  !£>$• 
sissippi  to  aid  in  the  construction  of  railroads  Li  said  State,  and  tor  other  purposes.      Vol.  11,  p.  30. 

[Grant  of  lands  for  a  railroad  from  Mobile  to  New  Orleans.     See  MIS- 
SISSIPPI, No.  1414.] 


No.  925.— AX  ACT  for  the  relief  of  Cezaire  Wallace,  of  the  parish  of  Bossier,  and     Aug.  16, 1656. 
State  of  Louisiana.  Vol.  11,  p.  464. 


Be  it  enacted,  <fe.,  That  Cezaire  Wallace  be,  and  he  is  hereby,  con-     Claim  of  Ce- 
firmed  in  his  claim  to  the  two  tracts  of  land,  each  containing  six  hundred  ••*"•  ^?n^  to 
and  forty  acres,  lying  in  the  State  of  Louisiana,  and  within  the  limits  £al Territory;"' 
of  the  late  ''Neutral  Territory,"  which  said  claims  were  founded  on  in-  Louisiana,     con- 
habitation  and  cultivation,  and  reported  for  confirmation  by  the  register  firmed. 
and  receiver  of  the  southwestern  district  of  Louisiana,  iu  their  report, 
dated  November  first,  eighteen  hundred  and  twenty- four,  in  conformity 
to  the  provisions  of  the  act  of  Congress,  approved  March  third,  eighteen 
hundred  and  twenty-three,  and  the  act  supplementary  thereto,  ap- 
proved May  twenty-six,  eighteen  hundred  and  twenty-lour ;  which  said 
claims  are  numbered,  respectively,  " thirty- four "  and  "fifty-six,"  and 
embraced  iu  the  "  third  class"  of  the  said  report. 

SEC.  2.  And  be  it  further  enacted,  That  the  confirmation  made  by  this    Continuation  u> 
act  shall  not  be  construed  to  extend  further  than  to  a  relinquishment  °P(?r.ate  only  as  * 
of  title  on  the  part  of  the  United  States ;  and  the  claims  hereby  cpn-  Of  titie° 
firmed  shall  be  located  under  the  direction  of  the  register  and  receiver 
of  the  proper  land  office,  in  conformity  with  the  legal  subdivisions  <j£  8aid°daiin8 
the  public  surveys,  so  far  as  practicable,  and  shall  include  the  improve- 
ments of  the  claimant. 

SEC.  3.  And  be  it  further  enacted,  That  upon  the  location,  as  herein     Patents  to  is- 
provided,  such  register  shall  forward  certificates  thereof  to  the  Com-  suv. 
missioner  of  the  General  Land  Office,  who,  upon  the  receipt  thereof, 
shall  cause  patents  to  be  issued  to  the  said  Cezaire  Wallace  for  the 
lands  so  located :  Provided,   The  same  does  not  exceed  the  quantity     jf  location  in- 
hereby  confirmed.    And  if  its  location  as  herein  confirmed  should  inter-  terferes  with  ex- 
fere  with  any  bona-fide  preemption  claim,  or  other  adverse  valid  right,  isting    rights,   a 
the  same  to  the  extent  of  such  connection  may  be  located  on  any  public  new  location  may 
land  of  the  district  to  which  there  may  be  no  existing  preemption  or 
other  valid  claim  under  such  regulations  as  may  be  prescribed  by  the 
Commissioner  of  the  General  Land  Office. 


No.  926.—  AX  AC  1  for  the  relief  of  Amhrose  Lanfear,  of  Louisiana.  Aug.  18,  1856. 

Be  it  enacted,  <fc.,  That  the  surveys  of  claim  number  seventy-four,  _  ^_'..J.P'.' 
known  as  the  claim  of  the  children  of  Paul  Toups,  and  of  claim  number  Surveys  of 
five  hundred  and  twenty-nine,  known  as  the  claim  of  Daspit  St.  Amand,  claims  iu  Louisi- 
executed  by  Maurice  Hanke",  United  States  deputy  surveyor,  and  ap-  Sns  ot^Touos 
proved  of  by  William  J.  McCulloh,  United  States  surveyor  general  for  children  and  of 
the  State  of  Louisiana,  on  the  fifth  day  of  May,  eighteen  hundred  and  Daftpit  St. 
fifty-five,  be,  and  the  said  surveys  are  hereby  confirmed  in  favor  of  A  m  ll11  (1  '  ?on 


Ambrose  Laufear  for  the  lands  embraced  within  the  said  surveys  here-  Ke  Lamear 
by  confirmed  :  Provided,  That  such  confirmation  shall  only  be  construed     This  confirma- 
into  a  relinquishment  of  title  on  the  part  of  the  United  States,  and  tiou  to  be  only  a 
shall  not  affect  the  rights  of  any  third  person  claiming  title  either  under  r  e  1  i  ntiuishment 
adverse  title  or  as  pfeemptor  :  And  proidcd  further,  Thar,  any  person,0     \  e; 
or  persons,  who  are  now  settled  on  the  said  lands,  or  any  pcrriou  of  the  contestants  mav 
lands  embraced  in  the  said  surveys,  shall  be  entitled  to  have  and  main-  8ue. 


396  LOUISIANA. 

tain  an  action  to  test  the  validity  of  said  surveys  and  the  extent  of  the 
said  claim  of  the  children  of  Paul  Toups,  and  of  Daspit  St.  Amaud, 
numbers  seventy-four  and  five  hundred  and  twenty-nine— and  to  have 
the  same  determined  judicially  in  the  same  manner  as  though  the  land 
on  which  they  are  settled  had  been  surveyed  as  public  land,  and  they 
had  been  permitted  to  enter  the  same  by  way  of  preemption,  it  being 
the  true  intent  and  meaning  of  this  act  that  no  person  who  would  be 
DOW  entitled  to  a  right  of  preemption  to  any  part  of  the  said  land,  if 
the  same  were  the  property  of  the  United  States,  shall  be  deprived  of 
the  same,  unless  it  is  judicially  decided  that  the  said  surveys  were  made 
in  conformity  with  the  legal  right  of  the  said  Ambrose  Lanfear,  under 
the  said  confirmation. 


ig.  18, 1856.     No.  927.-  AN  ACT  for  the  relief  of  Hannibal  Faulk  and  Eliza  S.  Collier,  (formerly 
"Vol.  11,  p.  474.        widow  Scriber,)  and  the  heirs  and  legal  representatives  of  Benjamin  Scriber,  de- 


Aug.  18, 1856. 

ceased. 
H.  Faulk    and 


Faulk  and     j>e  it  €nacte(l,  <fc.,  That  Hannibal  Faulk  and  Eliza  S.  Collier,  (formerly 
Benj        Scriber,  widow  Scriber,)  and  Abraham  H.  Scriber,  Mary  Ann  Scriber,  and  William 
confirmed        in  J-  C.  Scriber,  heirs  at  law  of  Benjamin  Scriber,  deceased,  according  to 
their  title  to  cer- their  respective  interests,  be,  and  they  are  hereby,  confirmed  in  their 
isSna       m  L°U"  !'ifcle  to  a  certaiu  tract  of  laml>  iyiag  within  the  Baron  de  Bastrop  grant, 
in  the  State  of  Louisiana,  being  a  remainder  of  twenty-two  hundred 
and  fifty  arpens  of  a  tract  of  three  thousand  arpens,  reported  on  by  the 
register  and  receiver  of  the  land  office  at  Monroe,  Louisiana,  under 
date  of  July  thirtieth,  eighteen  hundred  and  fifty-two,  and  numbered 
in  said  report  as  number  one,  of  the  first  class ;  and  being,  also,  that 
portion  of  said  tract *of  land  which  was  rejected  by  the  said  register 
and  receiver,  but  recommended  to  the  discretion  and  liberality  of  the 
Confirmation,  Government.     The  confirmation  hereby  made,  together  with  the  con- 
ow,  to  operate.  nrmation  uu<jer  the  act  of  Congress,  approved  June  twenty-nine,  eight- 
een hundred  and  fifty-four,  shall  be  construed  to  confirm  the  title  to 
the  entire  tract  of  land  containing  three  thousand  arpens,  claimed  by 
the  said  parties  before  the  said  register  and  receiver,  and  more  particu- 
larly described  in  the  deed  from  John  McBride  to  Abraham  Scriber, 
dated  the  fifteenth  June,  eighteen  hundred  and  eighteen,  a  copy  of 
which  accompanies  the  said  report  of  the  thirtieth  July,  eighteen  hun- 
.    dred  and  fifty -two. 

sued  SEC-  2-  And  be  lt  father  enacted,  That  the  Commissioner  of  the  Gen- 

eral Land  Office,  upon  the  receipt  of  a  plat  and  survey  of  the  said  tract 
of  laud,  executed  by  the  proper  officer,  shall  cause  a  patent  to  be  issued 
therefor :  J'roridfd,  howerer,  That  such  patent  shall  only  operate  as  a 
relinquishiuent  of  title  on  the  part  of  the  United  States,  and  shall  not 
affect  the  right  of  any  third  person,  whether  entitled  to  a  preemption 
under  the  laws  of  the  United  States,  or  having  other  valid  claim  to 
any  part  of  said  land. 


Aug.  18, 1856.     No.  928.— AN  ACT  to  fix  the  graduation  periods  for  lands  in  the  Greensburg  dis- 
Vol.  11,  p.  120.  trict,  iu  the  State  of  Louisiana. 


In  Greensburg  Be  it  enacted,  $-c.,  That  in  classifying  the  unsold  and  unappropriated 
district  the  peri-  public  lands  in  the  district  of  Greensburg,  subject  to  sale,  in  the  State 
oned  from  Time  of  Loui8iana>  under  the  act  entitled,  "An  act  to  graduate  and  reduce 
the  land  became  the  price  of  the  public  lands  to  actual  settlers  and  cultivators,"  approved 
subject  to  private  August  fourth,  eighteen  hundred  and  fifty-four,  the  respective  periods 
entry-  therein  referred  to  shall  be  computed  from  the  dates  on  -which  the  lands 

became  subject  to  private  entry,  after  the  first  or  original  offering  of 

the  same,  (a) 

(a)  See  Nos.  704,  708,  710,  720,  722,  729,  730, 731, 732,  761,  768,  786, 813, 818, 849, 858, 860, 
897,  899,  919,  920,  963. 

Aug.  23, 1856.     No.  929.— AX  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Bernard 
Vol.  11,  p.  477.  Hemkin. 

Heirs  and  r«.-p-  JJc  it  enacted,  <|v.,  That  the  heirs  and  legal  representatives  of  Bernard 
resentatives  <>  f  Hemkiu  be  and  they  are  hereby  authorized  to  locate  two  hundred  arpeus 
authorized6!™  iS  ot  lan(l  on  anv  ot  t>he  Ulireserve(l  an(l  ""appropriated  public  lands  of 
cate  certain  land  the  Ouachita  land  district  in  the  State  of  Louisiana,  it  being  in  lieu  of 
in  Louisiana.  so  much  of  the  lot  number  four,  recommended  by  the  register  and  re- 


LOUISIANA.  397 

ceiver  of  said  land  office  for  confirmation,  in  their  report  made  in  Jnly, 

eighteen  hundred  and  fifty-two,  in  compliance  with  an  act  of  Congress, 

as  has  been  awarded  to  John  B.  Eddins :  Provided,  That  by  said  loca-     provi80. 

tion  they  shall  not  interfere  with  the  pre-emptive  or  other  valid  rights 

of  third  persons. 

No.  930.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Mrs.  Mag-     Aug.  23, 1856. 

dalene  Broutin,  widow  of  De  la  Ronde. 

Be  it  enacted,  #c.,  That  the  claim  of  the  heirs  and  legal  representa-     Land  claim  of 
tives  of  Mrs.  Magdalene  Broutin,  the  widow  of  Don  Pedro  de  la  Konde,  heirs,     &c.,     of 
be  and  the  same  is  hereby  confirmed  to  a  tract  of  land  in  the  Greens- 
burg  district,  parish  of  St.  Tammany,  Louisiana,  fronting  on  the  West 
bank  of  Pearl  River,  at  about  ten  miles  from  its  fall  into  the  Rigolets ; 
containing  two  thousand  superficial  arpentB,  as  represented  on  the  plat 
of  survey  made  by  Carlos  Trudeau,  and  annexed  to  the  title  deed  granted 
by  Don  Juan  Ventura  Morales,  intendeut  or  superintendent-general  of 
the  province  of  West  Florida,  to  Mrs.  Magdalene  Broutin,  widow  of  De 
la  Ronde,  on  the  nineteenth  January,  eighteen  hundred  and  four :  Pro-     Proviso. 
vided,  however,  That  this  act  shall  only  operate  as  a  relinquishment  for- 
ever on  the  part  of  the  United  States  to  the  said  lands ;  and  shall  not 
interfere  with  adverse  valid  rights  of  other  persons,  if  such  exist,  to 
any  part  of  the  land  embraced  in  the  claim  and  survey  aforesaid. 

No.  931— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Ignacio     Aug.  23, 1856. 

Delino.  Vol.  11,  p.  480. 

Be  it  enacted,  $-c.,  That  the  claim  of  the  heirs  and  legal  representa-     claim  of  heirs 
tives  of  Ignacio  Deliuo  be  arid  the  same  is  hereby  confirmed  to  a  tract  and    representa- 
of  land  in  the  Greensburg  district,  parish  of  St.  Tammany,  Louisiana,  tives  of  Ignacio 
fronting  on  the  west  bank  of  Pearl  River,  at  about  twelve  miles  from  Jj£ ,    GJeemXmr" 
its  fall  into  the  Rigolets,  containing  two  thousand  superficial  arpents,  district,    Louisf- 
as  represented  on  the  plat  of  survey  made  by  Carlos  Trndeau,  and  oiia,  confirmed, 
annexed  to  the  title  deed  granted  by  Don  Juan  Ventura  Morales,  in- 
tend«nt-geuei al  of  the  province  of  West  Florida,  to  Ignacio  Delino,  on 
the  eighteenth  January,  eighteen  hundred  and  four:  Provided,  however,     This  a^  to°P- 
That  this  act  shall  only  operate  as  a  relinquishment  forever  on  the  part 
of  the  United  States  to  the  said  lauds,  and  shall  not  interfere  with 
adverse  valid  rights  of  other  persons,  if  such  exist,  to  any  part  of  the 
land  embraced  in  the  claim  and  survey  aforesaid. 

No.  932.— AN  ACT  to  confirm  the  title  of  Ruhama  Whitaker  and  Rebecca  Whitaker     Aug.  23, 1856. 
to  certain  lands  in  the  State  of  Louisiana.  Vol.  11,  p.  481. 

Be  it  enacted,  tf-c.,  That  there  is  hereby  confirmed  to  Ruhama  Whitaker     TU-H  . 

,v  ..  A.      •    "i         i         •  i  i  •  n  J-/1TO     68T3t6    ID. 

the  usuiruct  title  during  her  natural  life,  in  two  certain  tracts  consti-  certain    land   in 
tuting  one  body  of  land  on  the  northwest  branch  of  Thompson's  Creek,  Louisiana     con- 
in  Louisiana;  the  one  tract  of  five  hundred  and  sixty  arpens  having  firmed  to  Buha- 
been  surveyed  in  the  year  seventeen  hundred  and  ninety-nine,  in  the  m! 
name  of  Juan  Brown ;  the  other,  of  three  hundred  and  ten  arpens,  hav- 
ing been  surveyed  in  the  year  eighteen  hundred  and  six,  for  Edward 
O'Connor ;  and  there  is  hereby  relinquished  to  Rebecca  Whitaker  the     Reversion    re- 
reversionary  interest  of  the  United  States  in  fee-simple  to  the  said  land ;  liuquished  to  Re- 
and  it  shall  be  the  duty  of  the  United  States  surveyor-general  to  exe-  becca  whltaker- 
cute  a  proper  survey  of  the  land,  according  to  the  evidence  accompany- 
ing the  memorial  of  the  said  Ruhama  Whitaker  and  Rebecca  Whitaker 
to  Congress :  Provided,  however,  That  the  confirmation  and  relinquish-     valid  adverse 
ment  by  this  act  shall  not  interfere  with  any  subsisting  valid  adverse  rights  saved, 
right,  if  such  exist,  to  the  whole  or  any  part  of  the  aforesaid  land. 

No.  933.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Louis     Aug.  23, 1856. 

Reggio.  Vol.  11,  p.  482. 

Be  it  enacted,  $-c.,  That  the  heirs  and  legal  representatives  of  Louis     Heirs  and  rep- 
Reggio,  original  claimant,  be  and  they  are  hereby  confirmed  in  their  resentatives     of 
title  to  a  certain  tract  of  land  situated  on  the  Bayou  Lacomb,  in  the^""  if^S  in 
parish  of  St.  Tammany,  State  of  Louisiana,  containing  sixteen  hundred  their  title  to  land 
arpents,  more  or  less,  according  to  the  original  plat  of  survey  made  and  in  Louisiana, 
returned  to  the  land  office,  and  located  in  townships  eight  and  nine,  of 
ranges  twelve  and  thirteen  east,  in  the  land  district  east  of  the  island 


398  LOUISIANA. 

of  Orleans,  and  west  of  Pearl  Kiver  :  Provided,  That  this  confirmation 
Adverse  rights  i8  *n  no  manner  to  affect  or  impair  any  adverse  valid  rights,  if  such 
saved  and  other  should  be  found  to  exist;  but  the  area  of  such  interference,  if  not  less 
land  to  be  entered  than  the  quantity  of  a  sixteenth  of  a  section,  the  aforesaid  legal  repre- 
sentatives shall  be  authorized  to  locate  on  other  Government  lands  in 
Louisiana,  subject  to  entry  by  private  sale  at  one  dollar  and  twenty- 
five  cents  per  acre  or  less. 

Ascertainment     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur- 
whether      there  veyor-general  of  Louisiana  to  ascertain  whether  any  part  of  the  origi- 
&  r  e    a  d  v  e  r  s  e  Dai  ciaim  is  not  covered  by  other  rights,  and  for  puch  port  ion  he  shall 
make  a  return  of  a  plat  to  the  General  Land  Office  ;  and  for  the  area  of 
interference,  if  not  less  than  the  quantity  aforesaid,  he  shall  issue  his 
certificate  authorizing  the  location  thereof  on  other  lands  in  Louisiana 
as  aforesaid ;  and  upon  the  return  of  such  a  plat,  or  the  surveyor-gen- 
eral's certificate,  with  the  tracts  designated  thereon  by  the  proper  regis- 
ter, which  may  be  selected  in  accordance  with  this  act,  a  patent  shall 


Jan   28..  18.17.  No.  934.-AX  ACT  for  the  relief  of  Charlotte  Turner. 

Be  it  enacted,  <j-c.,  That  Mrs.  Charlotte  Turner  be,  and  is  hereby,  au- 
Mra.  Charlotte  thorized  to  enter,  at  the  minimum  price  of  one  dollar  and  twenty-five 
«rito%nter  °cer-  cents  Per  acre>  tue  east  nalr"  of  the  southeast  quarter  of  section  twenty- 
tain  laud  in  Lou-  one,  and  the  west  half  of  the  southwest  quarter  of  section  twenty-two, 
isiana.  in  township  three,  of  range  eight  east,  in  the  southeastern  district, 

Louisiana,  in  virtue  of  her  long  settlement  and  valuable  improvements 
thereon. 


Feb.  5,  1857.        IVo.  935.— AX  ACT  for  the  relief  of  the  heirs  or  leyal  representatives  of  Jeremiah 
Vol.  11,  p.  4'J1.  Bryan. 


Heirs  or  repre-      Be  it  enacted,  <Vc.,  That  the  heirs  or  legal  representatives  of  Jeremiah 
seiitatives of  Jer-  Bryan,  late  of  the  parish  of  St.  Helena,  State  of  Louisiana,  be  allowed, 
Bryan  au-  an(j  are  ]jereDy  authorized,  to  select  from,  and  to  enter  and  locate,  free 
mot'izGQ  to  enter     .         ,    •      t\  \       •»     «r»          •     ••        -11         -in 

ceitain   land    in  °*  co&t,  in  the  proper  land  office,  six  hundred  and  forty  acres  of  any  of 
Loui&iana.  the  public  lands  in  the  Greensburg  (late  St.  Helena)  land  district,  in 

Louisiana,  according  to  legal  subdivisions  ;  and  that  such  right  of  entry 
or  location  shall  be  exercised  in  full  satisfaction  of  the  confirmation 
made  to  said  Bryan  under  the  act  of  third  March,  eighteen  hundred  and 
nineteen,  according  to  the  report  of  actual  settlers  in  said  district,  made 
by  J.  O.  Cosby,  and  to  certificate  of  confirmation,  number  two  hundred 
Proviso.  an(^  nine,  issued  by  the  register  and  receiver  of  said  land  office :  Pro- 

vided, That  the  selections  shall  be  made  from  lands  subject  to  private 
entry,  at  a  minimum  of  of  not  more  than  one  dollar  and  twenty-five 
cents  per  acre ;  and  patents  shall  issue  therefor,  as  in  ordinary  cases  of 
entry  and  sale. 


March  2,  1857.  No.  936.— AN  ACT  for  the  relief  of  John  L.  Vattier. 

Vol.  11.  p.  503.        Be  u  enacfe(^  g.Ct}  Tbat  John  L  yattier  be  and  be  hereby  is  entitled 

John  L  Vattier  to  select  and  locate  of  the  public  lands  of  the  United  States  open  to 

authorized  to  lo-  entry  at  one  dollar  and  twenty-five  cents  per  acre,  two  thousand  eight 

aJ  \nilenniitvCre8  hundred  and  eighty  acres,  for  which  he  shall  duly  receive  a  patent  as 

indemnity  for  the  undivided  half  of  the  claim  of  George  Schamp  and 

Pelagre  Schamp,  his  wife,  as  filed  before  the  register  and  receiver  of  the 

laud  office  of  the  southwestern  land  district  of  the  State  of  Louisiana, 

as  reported  by  them  first  of  November,  eighteen  hundred  and  twenty- 

foilr. 

>'«t  eh  2,  1857.  No.  937.— AN  ACT  for  the  relief  of  Benjamin  R.  Gantt. 

^ul.  11, p. 505.        /;<  .f  cnacie(^  j,c^  Tbat  the  claim  of  Benjamin  R.  Gantt,  as  the  as- 

Part    of    land  signee  or  representative  of  George  Rowe,  to  a  tract  of  land  on  the  east 

claim  of  Beiy.  R.  or  jef  t,  8ide  ol  the  Bayou  Teche,  in  the  parish  of  St.  Mary,  State  of  Louis- 

of^^org^RowT  ^ana>  iu  virtue  of  a  location  made  by  H.  Williams,  surveyor-general,  on 

confirmed.          '  the  twenty-first  day  of  February,  eighteen  band  red  and  forty,  under 

the  act  of  Congress  for  the  relief  of  the  said  George  Rowe,  approved  on 

the  third  day  of  March,  eighteen  hundred  and  thirty-nine,  containing 


LOUISIANA.  399 

not  more  than  four  hundred  superficial  arpents,  be  and  the  same  is 
hereby  confirmed  to  so  much  of  eaid  land  so  located,  as  may  be  found 
undisposed  of  by  the  United  States;  the  same  to    be  patented  and  ad- 
justed according  to  the  approved    plat  of  survey  of  the  township  in 
which  it  is  situated,  under  instructions  from  the  Commissioner  of  the 
General  Land  Office,  so  as  to  give  him,  the  said  Gantt,  as  near  as  may 
be,  the  lands  sought  to  be  located  by  him,  being  a  part  of  sections  one 
and  two,  and  perhaps  a  fraction  of  eleven  and  twelve,  in  township  num- 
ber fifteen  south,  of  range  number  ten  east,  in  the  southwestern  district 
of  Louisiana  :  Provided,  That  this  act  shall  only  operate  as  a  relinquish-     Thig  act  to  be 
ment  forever  on  the  -part  of  the  United  States  to  the  said  lands,  and  only  a  relinquish- 
shall  not  interfere  with  adverse  valid  rights  of  third  persons,  if  such  ment  of  title. 
exist,  to  any  part  thereof,  (a) 

(a)  See  No.  838. 


No.  938.— AN  ACT  for  the  relief  of  the  inhabitants  of  the  parish  of  Ascension,     March  :J,  1857. 
State  of  Louisiana.  Vol.  11,  p.  517. 


Beit  enacted,  $-c.,  That  all  that  certain  tract  or  parcel  of  land  situate     Land  claim  in 
on  the  west  side  of  the  Mississippi,  in  the  parish  of  Ascension,  contain-  Louisiana     con- 
ing four  arpents,  one  toise  and  five  feet  in  front,  and  forty  arpents  in  ?^  ^J^  f^" 
depth,  as  claimed  by  Isadore  Blanchard,  for  the  parish  church  of  the  1S 
parish  of  Ascension,  under  number  three  hundred  and  ninety-one,  and 
reported  favorably  on  by  the  old  board  of  commissioners  for  the  eastern 
district  ot  New  Orleans  Territory,  and  as  represented  in  the  survey  of  a 
portion  of  township  eleven  south,  in  ranges  fourteen  and  fifteen  east, 
in  the  surveys  of  the  United  States,  southeastern  district  of  Louisiana, 
west  of  the  Mississippi,  be  and  the  same  is  hereby  confirmed  to  the 
inhabitants  of  the  parish  of  Ascension,  to  and  for  the  uses  and  purposes 
for  which  the  same  has  been  heietoforo  held  and  used:  Provided  also,     Act  to  operate 
That  this  act  shall  be  only  considered  a  relinquishment  on  the  part  of  only  as  a  relin- 
the  United  States,  and  not  to  interfere  with  the  rights  of  others.  quishment. 


No.  939.— AN  ACT  for  the  relief  of  N.  C.  "Weems,  of  Louisiana.  April  21,  1858. 

Be  it  enacted,  fc.,  That  the  entry  of  the  section  number  sixty-eight,     YoL  n' p" 529' 
of  township  number  two  north,  of  range  number  one  east,  in  the  south-    Entry  of  land 
western  laud  district  of  Louisiana,  by  N.  C.  Weems,  of  that  State,  and to  7Je 
patented  on  the  first  day  of  September,  eighteen  hundred  and  forty-nine,        ' 
be,  and  is  hereby,  confirmed ;  and  the  Commissioner  of  the  Laud  Office 
shall  cause  to  be  refunded  any  excess  of  money  paid  into  the  land  office 
in  its  purchase  from  the  Government. 


No.  94(K— AN  ACT  for  the  relief  of  John  R.  Temple,  of  Louisiana,  May  18f  1g5g. 

Be  it  enacted,  #c.,  That  John  R.  Temple  be,  and  he  is   hereby,  con-     Yo*- n' p' 530' 
firmed  in  his  title  to  a  tract  of  land  containing  six  hundred  and  seventy     Titic  Of  j0hn 
arpens,  lying  and  being  within  what  is  known  as  the  "Baron  de  Bas- K.  Temple  con- 
trop  grant,"  on  the  east  side  of  Bayou  Bartholomew,  and  more  particu-  firmed  to  a  tract 
larly  described  in  a  plat  anft  survey  executed  on  the  nineteenth  and°f  the  '   „  rj!J»e 
twentieth  days  of  January,  eighteen  hundred  and  fifty-five,  by  Henry 
Curtis,  parish  surveyor  for  the  parish  of  Morehouse,  and  State  of  Louis- 
iana ;  and  being  all  that  part  of  two  certain  tracts  of  land,  not  hereto- 
fore confirmed  to  any  other  claimant,  as  follows,  to  wit :  A  tract  ofland 
sold  and  conveyed  by  the  heirs  of  Morehouse  to  George  Hook,  by  deed 
dated  the  tenth  day  of  December,  eighteen  hundred  and  fourteen  ;  arid 
a  certain  other  tract  conveyed  by  Abraham  Morehouse  to  Jacob  Stroop, 
son  of  George  Stroop,  by  deed  dated  the  tenth  day  of  December,  eight- 
een hundred  and  twelve. 

SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen- 
eral Land  Office,  upon  receipt  of  a  plat  and  survey  of  the  land  hereby 
confirmed,  executed  by  the  proper  officer,  shall  cause  a  patent  to  be     Patent  to  issue* 
issued  therefor  to  the  said  John  [R.]  Temple:  Provided,  however,  That     Proviso, 
such  patent  shall  only  operate  as  a  relinquishment  of  title  on  the  part 
of  the  United  States,  and  shall  not  effect  the  rights  of  any  third  person. 


400  LOUISIANA. 

May  24,  1858.     No.  941.=- AX  ACT  to  revive  an  act  entitled  "Ail  act  for  the  relief  of  the  heirs,  or 
Vol.  11.  p.  531.  their  legal  representatives,  of  William  Conway,  deceased." 

Preamble.  Whereas  the  heirs  of  William  Conway,  deceased,  or  their  legal  repre- 

sentatives, have  never  been  able  to  avail  themselves  of  the  provisions 
in  their  favor  contained  in  an  act  entitled  "An  act  for  the  relief  of  the 
heirs,  or  their  legal  representatives,  of  William  Conway,  deceased," 
partly  because  of  some  error  or  mis'ake  as  to  the  location  of  the  por- 
tion of  the  lands  applied  for  under  the  act,  and  partly  because  of  the 
existence  of  a  legal  controversy  between  the  parties  in  interest  under 
the  provisions  of  said  act :  Therefore — 

Former  act  re-  ge  ft  enacted,  $c.<  That  the  said  act  entitled  "An  act  for  the  relief  of 
Qe  the  heirs,  or  their  legal  representatives,  of  William  Conway,  deceased," 
approved  July  second,  eighteen  hundred  and  thirty-six,  be,  and  the 
same  is  hereby,  revived  and  continued  in  force  for  one  year  from  the 
passage  of  this  act,  and  no  longer,  (a) 

(a)  See  Nos.  824,  '956. 


May  24  1858      -No.  942.— AN  ACT  for  the  relief  of  the  representatives  of  "William  Smith,  deceased, 
Vol.  11, 'p.  531.  la*«  of  Louisiana. 


Claim  of  Will-      B?  M  enacted,  <$-c.,  That  the  claim  of  William  Smith  to  six  hundred 
iam     Smith    to  and  forty  acres  of  land,  now  occupied  by  William  B.  Allen,  in  the  par- 
land  in  Louisiana  iSQ  Of  Livingston,  in  the  State  of  Louisiana,  and  being  the  same  he 
Mere    &™e(andre8ided  ou  at  the  time  of  his  death»  aud  settled  originally  by  Stephen 
patent  to  issue.    Terry,  and  represented  on  the  map  of  surveys  as  section  number  thirty- 
nine,  in  township  number  six  south,  of  range  number  three  east ;  and 
section  number  sixty,  in  township  number  six  south,  of  range  number 
two  east,  be,  and  the  same  is  hereby,  confirmed  to  the  said  William 
Smith  and  to  his  heirs  and  representatives,  and  that  a  patent  shall  issue 
therefor,  as  in  other  cases  :  Provided,  That  this  act  shall  only  operate 
as  a  relinquishment  forever  on  the  part  of  the  United  States  to  said 
land,  and  shall  not  interfere  with  adverse  valid  rights  of  others,  if  such 
exist. 


May  24,  1858.      No.  943.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Pierre 
Vol.  11,  p.  531.  Bronssard,  deceased. 


Claim  of  Pierre     Be  it  enacted,  tj'-c.,  That  the  heirs  and  legal  representatives  of  Pierre 
Broussard  to  land  Broussard,  deceased,  late  of  Louisiana,  be,  and  they  are  hereby,  cen- 
to Louisiana  con- firmej  jn  tneir   tjtje  to  a  certaiu  tract of  laud  situated  ou  the  "Bay  on 
11181    Teche,  in  the  parish  of  St.  Martin,  in  said  State  of  Louisiana,  and  known 
on  the  recognized  public  surveys  as  section  thirty-six,  in  township  eight 
south,  of  range  five  east,  containing  about  one  hundred  and  seventy 
Proviso.  acres :  Provided,  That  this  confirmation  shall  only  operate  as  a  relin- 

quishment of  title  on  the  part  of  the  United  States,  aud  shall  not  affect 
any  adverse  rights,  if  any  such  there  be. 


May  24,  1858.         No.  944.— AN  ACT  for  the  relief  of  Pierre  Gagnon,  of  Natchitoches,  Louisiana. 
Vol.  11,  p,  532.        ^  ft  enacted,  #c.,  That  Pierre  Gagnon'be  allowed  to  enter  and  pay  for 
Pierre  Gagnon  his  preemption  claim  to  the  northeast  aufl  southeast  fractional  quarters 
may    enter    and  of  section  number  seven,  in  township  number  nine  north,  of  rauge  uurn- 
em^tion  cTaim  re  1>er  six  west>  containing  about  one  hundred  and  eighty-nine  acres,  in  the 
land  office  at  Natchitoches,  Louisiana,  and  that  a  patent  issue  therefor 
Proviso.  as  in  ordinary  cases :  Provided,  however,  That  [neither]  this  right  of  entry, 

nor  any  patent  issued  under  it,  shall  prejudice  any  valid  adverse  claim, 
should  such  exist. 


May  24,  1858.         Ko«  945.— AN  ACT  for  the  relief  of  the  legal  representatives  of  Marie  Malines. 
VoLii.p.  533.        ge  ft  enact€d}  ^.Cij  That  the  legal  representatives  of  Marie  Malines,  born 
Representa-  Rillieux,  be,  and  they  are  hereby,  confirmed  in  all  the  right,  title,  and 
tives    of    Marie  interest  now  held  or  possessed  by  the  United  States  in  and  to  a  certain 
Malines  confirm-  tract  of  ianj  iu  tne  State  of  Louisiana,  containing  about  thirty- two 
SeUnitodStates  hundred  arpents,  being  a  part  of  a  grant  made  by  the  French  Govern- 
to  certain  land  in  ment,  in  the  year  one  thousand  seven  hundred  and  sixty-four,  to  Marie 
Louisiana.  Rillieux,  according  to  a  survey  aud  plat  made  by  the  royal  surveyor,, 


LOUISIANA. 


401 


Don  Carlos  Trudeau,  and  of  record  in  the  land  office  at  New  Orleans ; 
and  upon  a  proper  survey,  duly  approved,  being  returned  to  the  Gen- 
eral Land  Office,  a  patent  shall  issue :  Provided,  That  this  act  shall  only  Proviso, 
be  construed  to  vest  in  the  said  legal  representatives  of  Marie  Malines, 
born  Rillieux,  the  rights,  title,  and  interest  in  said  land  now  held  and 
possessed  by  the  United  States,  and  shall  not  be  construed  in  any  way 
to  impair  the  bona-lide  rights,  interests,  or  claims  acquired  by  any  other 
person  under  adverse  grants,  concessions,  or  purchases  made  prior  to 
the  passage  of  this  act. 

No.  946.— AN  ACT  to  provide  for  the  location  of  certain  confirmed  private  land     June  2,  1858. 
claims  in  the  State  of  Missouri,  and  for  other  purposes.  Vol.  11,  p.  294. 

[Decisions  of  recorder,  &c.,  as  to  certain  private  land  claims  in  the  east-  ~~ 
era  district  of  Orleans  Territory  confirmed,  &c.    See  MISSOURI,  No.  1102.] 


No.  947.— AN  ACT  for  the  relief  of  the  legal  representatives  of  Jean  Babtiste     June  7,  1858. 

Devidrine.  Vol.  11,  p.  544 . 

Be  it  enacted,  #c.,  That  the  legal  representatives  of  Jean  Babtiste  R  e  p  r  e  8  enta, 
Devidrine,  late  of  Louisiana,  be,  and  they  are  hereby,  confirmed  in  tives  of  Jean 
their  claim  to  that  tract  or  parcel  of  land  known  on  the  public  surveys  Babtiste  Devi- 
of  the  southwestern  land  district  of  that  State  as  lot  number  forty-five,  drine,  confirmed 
in  township  number  four  south,  range  number  three  east,  and  lot  num-  JJJ  Louisiana  and 
ber  seventy- three,  in  township  number  four  south,  range  number  four  patent  to 
east,  containing  about  four  hundred  arpents,  or  three  hundred  and 
fifty  acres  of  land,  and  that  a  patent  shall  issue  therefor  as  in  other 
cases :  Provided,  That  this  act  shall  only  be  construed  as  a  relinquish- 
ment  of  whatever  title  may  now  be  vested  in  the  United  States,  and 
shall  in  nowise  interfere  wiih  any  valid  adverse  claim  of  other  or  third 
parties,  should  such  there  be. 


Proviso. 


No.  948.— AN  ACT  for  the  relief  of  the  legal  representatives  of  John  McDonough, 
deceased,  late  of  Louisiana. 

Be  it  enacted,  tyc.,  That  the  claim  numbered  thirty-nine  in  the  report 
of  the  register  and  receiver  of  the  laud  office  at  New  Orleans,  Loui- 
siana, made  on  the  twenty-second  day  of  November,  eighteen  hundred 
and  thirty-seven,  in  the  name  of  John  McDonough,  to  a  tract  of  about 
one  //ww-hundred  and  seventy- seven  superficial  arpents  of  land,  be,  and 
the  same  is  hereby,  confirmed;  and  that  a  patent  shall  issue, as  in 
ordinary  cases,  to  the  legal  representatives  of  the  said  McDonough : 
Provided,  That  this  confirmation  shall  only  be  construed  as  a  relin- 
quishmeut  of  all  right  and  title  of  the  United  States,  and  shall  not 
prejudice  the  legal  claim  of  any  other  party,  should  such  exist,  (a) 

(a)  See  Nos.  774,  779. 


June  7, 1858. 
Vol.  11,  p.  545. 

Eepresenta- 
tives  of  John  Mc- 
D  o  n  o  u  g  h  con- 
firmed in  claim 
to  land  in  Louisi- 
ana, and  patent 
to  issue. 

Proviso. 


No.  949.— AN  ACT  for  the  relief  of  Mrs.  Ambroise  Brou,  of  the  parish  of  St. 
Charles,  State  of  Louisiana. 

Be  it  enacted,  #c.}  That  Mrs.  Ambroise  Brou,  of  the  parish  of  St. 
Charles,  in  the  State  of  Louisiana,  be,  and  she  is  hereby,  confirmed 


Feb.  9,  1859. 
Vol.  11,  p.  559. 


her  title  to  lot  or  section  six,  township  twelve  south,  range  twenty  Ambroise  Brou. 

east,  and  lot  or  section  ten  in  township  thirteen  south,  range  twenty 

east,  in  said  State  ;  said  lands  being  the  unconfirmed  half  of  a  tract  of 

nine  arpents  twenty-six  toises  front,  by  eighty  arpents  in  depth,  the 

other  half  of  which  was  confirmed  to  Ambroise  Brou  by  the  act  of  Con- 

gress of  February  twenty-eighth;  eighteen  hundred  and  twenty-three, 

and  is  fully  described  in  the  report  of  the  register  of  the  land  office  for 

the  eastern  district  of  Louisiana,  dated  the  sixth  January,  eighteen 

hundred  and  twenty-one  :  Provided,  That  this  act  shall  not  affect  the 

right,  title,  or  claim  of  any  third  person,  but  shall  be  construed  simply 

as  a  quit-claim  by  the  United  States  of  any  title  in  and  to  said  tract  of 

land. 


Proviso. 


No.  950.—  AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Olivier 
Landry,  of  the  State  of  Louisiana. 

Be  it  enacted,  $-c.,  That  the  heirs  aad  legal  representatives  and  assigns 


Feb.  9,  1859. 
Vol.  11,  p.  559. 


jjid  title  con- 

of  Olivier  Laudry  be,  and  they  are  hereby,  confirmed  in  their  title  to  a  firmed. 
certain  tract  of  laud  situated  in  township  ten  south,  range  five  east,  in 
the  southwestern  district  of  Louisiana,  containing  two  hundred  and 

26  L  O  —  VOL  II 


402  LOUISIANA. 

thirty  acres  and  eighty-four  hundredths  of  an  acre,  being1  the  tract  on 
the  township  map  of  said  township  marked  forty-nine,  bounded  on  one 
side  by  a  tract  belonging  to  the  heirs  of  Rene  TVahan,  and  on  the  other 
Proviso.  by  land  formerly  confirmed  to  said  Olivier  Landry :  Provided,  That  this 

act  shall  only  be  construed  as  a  relinquishment  of  any  title  that  the 
United  States  may  have  to  said  lands,  aud  shall  not  affect  any  title  that 
any  third  person  may  have  in  and  to  said  lands. 


April  19  1860    No.  951.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Mark 

Vol.  12,  p.  838.  Elisha. 

Claim  of  Mark  ^e  ^  enacted,  <$-c.,  That  the  claim  of  Mark  Elisha  for  four  hundred 
Elisha  to  land  i  n  arpents,  entered  under  number  three  hundred  and  sixty-five,  (register's 
Louisiana  con-  number,  one  hundred  aud  twenty-six)  in  the  seventh  class  of  the  report 
dated  December  thirty,  eighteen  hundred  and  fifteen,  of  the  register 
and  receiver  at  Opelousas,  Louisiana,  be,  and  the  same  is  hereby,  con- 
firmed, the  said  claim  not  being  yet  surveyed,  but  reported  as  embracing 
parts  of  lots  numbers  three  and  four,  and  south  half  of  sections  twenty- 
one  and  twenty-eight,  lot  number  six  of  section  twenty-seven,  and  lot 
number  one  of  section  twenty-nine  in  township  two  north,  of  range 
four  east,  southwestern  land  district  of  Louisiana;  and  it  shall  be  the 
duty  of  the  surveyor-general  of  Louisiana,  to  survey  said  claim,  and 

Proviso,  represent  the  same  on  the  official  plats :  Provided,  That  this  act  shall 

only  be  considered  as  a  relinquishment  on  the  part  of  the  United  States 
and  not  to  to  interfere  with  any  adverse  valid  rights  to  the  same  land. 


June  1, 1860.  Xo-  952.— AN  ACT  for  the  relief  of  Braxton  Bragg  and  Randall  L.  Gibson. 

Vol.  12,  p.  845.  Be  it  enactedf  ^.c<?  That  Braxton  Bragg  and  Randall  L.  Gibson  be,  and 
Braxton  Bragg  they  are  hereby,  confirmed  in  their  claim  to  the  portion  of  the  tract  of 
aud  Randall  L.  land  known  and  designated  in  the  surveys  of  the  United  States  for  the 
Gibson,  confirm-  southeastern  district  of  Louisiana  as  section  or  lot  number  twenty- 
to  land  i^LouS  8even?  of  township  fourteen  south,  in  range  sixteen  east,  (west  of  the 
iana,  and  patent  river  Mississippi,)  which  they  are  now  respectively  in  possession  of, 
to  issue  there- under  title  derived  from  Domingo  Esteve  or  his  heirs,  and  that  a 
for-  patent  shall  issue  therefor,  as  in  ordinary  cases. 


June  9  1860.       No.  953.— AN  ACT  for  the  relief  of  the  heirs  or  legal  representatives  of  Francis 
VoL  is!  p.  852.  Guillory. 

Land  claim  of     ^e  **  enacted,  $c.,  That  the  heirs  or  legal  representatives  of  Francis 
heirs  of  Francis  Guillory,  deceased,  late  of  the  parish  of  St.  Landry,  in  the  State  of  Lou- 
Guillory confirm-  isiana,  be,  and  they  are  hereby,  confirmed  in  their  claim  to  that  tract 
or  .parcel  of  lands  known  on  the  public  surveys  of  the  southwestern 
district  of  Louisiana  as  section  number  one  hundred  and  eight,  in  town- 
ship number  four  south,  range  number  three  east,  and  section  number 
seventy- eight,  in  township  number  four  south,  of  range  number  four 
east,  containing  about  one  hundred  and  ninety-five  acres,  and  that  a 
Title    only  of  patent  shall  issue  therefor,  as  in  ordinary  cases :  Provided,  That  this 
United  States  re-  act  shall  only  be  construed  as  a  relinquishmeut  of  whatever  title  may 
linquished.  now  be  vested  in  the  United  States  of  America,  and  shall  in  nowise 

interfere  with  any  valid  adverse  claim  of  other  or  third  parties. 


June  16, 1860.     No.  954.— AN  ACT  to  relinquish  the  title  of  the  United  States  to  certain  lands 
Vol.  12,  p.  ^3.  occupied  by  the  city  of  Baton  Rouge,  in  Louisiana. 


Title  relin-     Be  it  enacted,  <$-c.,  That  all  the  right,  title,  interest  or  claim  ,of  the 

quished  to    cer-  United  States  in  and  to  the  laud  occupied  by  the  city  of  Baton  Rouge, 

tain    lands  in  j,,  the  State  of  Louisiana,  lying  between  Florida  street  on  the  north 

Louisiana       ge>  and  the  South  Boulevard  on  the  south,  as  shown  by  an  original  map  of 

said  city,  on  file  in  the  office  of  the  clerk  of  the  sixth  judicial  district 

court  of  Louisiana,  at  East  Baton  Rouge,  on  the  fourteenth  of  March, 

eighteen  hundred  and  sixty,  be,  and  the  same  is  hereby,  relinquished  to 


LOUISIANA.  403 

the  mayor  and  council  of  the  city  of  Baton  Rouge,  in  trust  for  the 
several  use  and  benefit  of  the  owners  of  lots  therein,  according  to  their 
respective  interests  :  Provided,  That  this  act  shall  only  be  construed  as 
quit  claim  on  the  part  of  the  United  States,  and  shall  not  affect  the 
interests  of  third  parties,  nor  preclude  a  judicial  investigation  in  rela- 
tion to  the  title  to  all  or  any  portion  of  the  lands  hereby  relinquished. 


No.  955.— AN  ACT  recognizing  the  survey  of  the  Grand  Cheniere  Island,  State  of     June  16, 1860. 
Louisiana,  as  approved  by  the  surveyor-general,  and  for  other  purposes.  Vol.  12,  p.  43. 


Be  it  enacted,  <fc.,  That  the  anomalous  survey  of  the  Grand  Cheniere     Survey    of 
Island,  in  the  southwestern  district  of  Louisiana,  as  approved  by  R.  W.  Grand    Cheniere 
Boyd,  surveyor-general,  on  the  twenty-eighth  day  of  February,  eighteen  Island  confirmed, 
hundred  and  fifty-two,  be,  and  the  same  is  hereby  confirmed,  and  per- 
sons residing  thereon  at  the  date  of  this  act  who,  according  to  the  pre-   pre.empt,ion 
eruption  laws  now  in  force,  would  be  entitled  to  a  pre-emption,  shall  be  rights  granted, 
allowed  such  right  on  the  lands  referred  to  in  this  bill;  but  such  pref- 
erence right  shall  be  confined  to  the  single  subdivision  of  land  upon 
which  the  party  may  reside,  and  shall  exceed,  in  no  case,  one  hundred 
and  sixty  acres. 


.No 


o.  956.—  AN  ACT  to  repeal  the  second  section  and  other  portions  of  an  act  passed     June  21,  1860. 
the  second  day  of  June,  eighteen  hundred  and  fifty-eight,  entitled  "An  act  to  pro-     Vol.  12,  p.  866. 


vide  for  the  location  of  certain  confirmed  private  land  claims  in  the  State  of  Mis- 
souri, and  for  other  purposes." 

Be  it  enacted,  <$-c.,  That  the  second  section  of  an  act  passed  the  second  Repeal, 
day  of  June,  one  thousand  eight  hundred  and  fifty-eight  entitled  "An 
act  to  provide  for  the  location  of  certain  confirmed  private  land  claims 
in  the  State  of  Missouri,  and  for  other  purposes,"  and  all  other  parts  of 
said  act  which  relate  to  lauds  in  Louisiana,  confirmed  by  said  second 
section,  (so  far  as  said  lands  are  concerned,)  be,  and  the  same  are  hereby, 
repealed,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  Congress  hereby  refuses  to  con-  Certain  claims 
firm  to  the  claimants  under  the  Houmas  grant,  (6)  the  lands  embraced  under  the  Hou- 
in  certificates  number  one  hundred  and  twenty-five  to  William  Con-  ™5 
way,  (c)  number  one  hundred  and  twenty-seven  to  Danel  Clark,  and 
.number  one  hundred  and  thirty-three  to  Donaldson  and  Scott. 

(a)  See  Nos.  699,  701,  703,  704,  705,  708.  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732, 
737,  738,  739,  740,  745,  746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873, 
889,  899,  904,  911,  946,  957,  961,  967. 

(6)  See  No.  870. 

(c)  See  Nos.  824,  941. 


No.  957.—  AN   ACT  for  the  final  adjustment  of  private  land  claims  in  the  States     June  22,  1860. 
of  Florida,  Louisiana,  and  Missouri,  and  for  other  purposes.  VoL  12,  p.  85. 

Be  it  enacted,  <fc.,  That  any  person  or  persons,  and  the  legal  representa-  Persons  claim- 
tivesof  any  person  or  persons,  whoclaim  any  landslying  within  the  States  ing  Aan  ^8  -by 
of  Florida,  Louisiana,  or  Missouri,  by  virtue  of  grant,  concession,  order  foces^ion^to 


of  survey,  permission  to  settle,  or  other  written  evidence  of  title  ema-  United  States, 

nating  from  any  foreign  government,  bearing  date  prior  to  the  cession  &c.,   may  apply 

to  the  United  States  of  the  territory  out  of  which  said  States  were  *°  commissioners 

formed,  or  during  the  period  when  any  such  government  claimed  sov-  of  title 

ereignty  or  had  the  actual  possession  of  the  district  or  territory  in  which 

the  lands  so  claimed  are  situated,  shall  be,  and  they  are  hereby,  author- 

ized to  make  application  for  the  confirmation  of  their  title  to  the  lands 

so  claimed,  in  the  manner  following,  to  wit  :  they  shall  file  notices  in     Mode  of  appli- 

writing,  together  with  the  evidence  in  support  of  their  claims,  before  ca  lon>  . 

the  commissioners  hereinafter  designated,  within  whose  district  the 

lands  claimed  may  be  situated,  together  with  a  brief  abstract  of  the  title 

of  the  claimant,  and  copies  of  the  plats  of  survey  thereof,  whenever  such 

surveys  have  been  made  and  are  within  the  possession  of  the  claimant, 

and  accompanied  with  a  sworn  statement  by  the  claimant  of  the  lands 

supposed  to  be  covered  by  his  claim,  according  to  the  legal  divisions  and 

subdivisions  of  the  surveys  made  by  the  United  States,  if  the  land 

claimed  is  included  in  any  surveys  so  made  ;  and  the  said  notices,  evidence, 


404  LOUISIANA. 

and  the  decisions  of  the  commissioners  thereon,  shall  be  recorded  in  a 
book  kept  for  that  purpose,  a  transcript  of  which  shall,  from  time  to 
time,  be  transmitted  to  the  Commissioner  of  the  General  Land  Office. 
Whotobecom-     SEC.  2.  And  be  it  further  enacted,  That  the  registers  and  receivers  of 
missioners.  the  several  land  offices  in  the  States  of  Florida  and  Louisiana,  within 

their  respective  land  districts,  and  the  recorder  of  land  titles  for  the 
city  of  Saint  Louis,  for  the  State  of  Missouri,  and  their  successors  in 
office,  shall  be,  and  they  are  hereby,  appointed  commissioners  to  hear  and 
decide  under  such  instructions  as  may  be  prescribed  by  the  Commis- 
Their  author!-  sioner  of  the  General  Land  Office  in  conformity  with  this  act,  and  ac- 
ty,  duty,  &c.  cording  to  justice  and  equity  and  the  principles  hereinafter  established, 
in  a  summary  manner,  all  matters  respecting  such  claims  within  the 
districts  aforesaid  as  come  within  the  provisions  of  this  act :  they  shall 
have  power  to  administer  oaths,  compel  the  attendance  of  and  examine 
witnesses,  demand  and  obtain  from  the  proper  officers  all  public  records 
in  which  grants  of  land,  warrants,  orders  of  survey,  or  other  evidence 
of  claims  to  land  derived  from  any  foreign  government  may  have  been 
recorded,  and  shall  make  a  report  to  the  Commissioner  of  the  General 
Land  Office  on  the  claims  so  presented  to  them  for  decision,  dividing 
said  claims  into  separate  classes  in  the  manner  hereinafter  provided, 
and  giving  their  opinion  whether  such  claims  ought  to  be  confirmed  or 
rejected. 

Claims  re  ported      SEC.  3.  And  If  it  fnrthi-r  enacted.  That  tl:3  claims  so  presented  and 
on,  to  be  divided  passed  upon  by  the  commissioners,  as  aforesaid,  shall  be  by  them  divi- 
into  three  classes,  ded^in  their  report  into  three  distinct  classes,  as  follows,  viz: 
Number  one.        Number  one  shall  contain  all  claims  which,  in  their  opinion,  ought  to- 
be  confirmed,  where  the  lands  claimed  have  been  in  possession  and  cul- 
tivation by  the  private  claimants  or  those  under  whom  they  derive  title 
for  a  period  of  at  least  twenty  years  preceding  the  date  of  filing  the  claim, 
by  virtue  of  some  grant,  concession,  or  order  of  survey,  permission  to 
settle,  or  other  written  evidence  of  title  emanating  from  some  foreign 
government  which  held  or  claimed  sovereignty  or  jurisdiction  over  the 
territory  in  which  the  lands  claimed  are  situated,  and  where  the  title 
emanating  from  such  foreign  government  bears  date  anterior  to  the 
cession  of  said  territory  to  the  United  States. 

Number  two.  Xinnhi-r  two  shall  contain  all  claims  which,  in  their  opinion,  ought  to 
be  continued,  where  the  lands  are  claimed  under  written  evidence  of 
title,  as  above  provided  in  class  number  one.  but  where  there  has  been 
no  actual  possession  and  cultivation  of  the  laud  claimed  for  a  period 
of  at  least  twenty  years  prior  to  the  filing  of  the  claim. 

Number  three.      Number  three  shall  contain  all  claims  which,  in  their  opinion,  ought 
to  be  rejected,  whether  from  defect  of  proof,  suspicion  of  fraud  based 
on  probable  ground,  uncertainty  of  location,  vagueness  of  description, 
or  any  other  cause  sufficient,  in  their  opinion,  to  justify  such  rejection: 
Proviso.  Provided,  That  in  no  case  shall  such  commissioners  embrace  in  said 

classes  number  one  and  number  two  any  claim  which  has  been  heretofore 
presented  for  confirmation  before  any  board  of  commissioners,  or  other 
public  officers  acting  under  authority  of  Congress,  and  rejected  as  being 
fraudulent,  or  procured  or  maintained  by  fraudulent  or  improper  means ; 
nor  shall  any  such  claim  be  received  or  considered  by  the  commissioners 
which  has  been  already  twice  rejected  on  the  merits  by  previous  boards. 
Commissioner      SEC.  4.  And  be  it  further  enacted,  That  whenever  the  said  Commissioner 
of  General  Land  shall  approve  the  report  of  the  commissioners  in  cases  embraced  in 
Officetoreport  to  Cia88e8  number  one  or  number  two,  he  shall  report  the  same  to  Congress 
for  its  action  ;  and  whenever  the  said  Commissioner  shall  approve  the 
report  in  cases  embraced  in  class  number  three,  the  rejection  of  the  claim 
so  acted  on  shall  be  final  and  conclusive,  and  the  laud  embraced  within 
the  claim  shall  be  considered  and  treated  as  other  public  lands  belong- 
ing to  the  United  States. 

Claims  disprov-      SEC.  5.  And  be  it  further  enacted,  That  all  claims  comprehended  within 

ed  by  him  to  be  anv  of  tne  ^eg,  classes  aforesaid,  on  which  there  shall  be  disapproval 

erSss  n  1jy  tne  Commissioner  of  the  report  made  by  the  boards  of  commissioners 

ai'oresaid,  shall  be  reported  to  Congress  for  its  action  and  final  decision 

thereon. 

Proceedings  SEC.  6.  And  be  it  further  enacted,  That  whenever  it  shall  appear  that 
when  lands,  title  iaDds  claimed,  and  the  title  to  which  may  be  confirmed  under  the  pro- 
flrnTedhavebee-  visions  of  this  act,  have  been  sold  in  whole  or  in  part  by  the  United 
sold'by  the  States  prior  to  buch  confirmation,  or  where  the  surveyor-general  of  the 
United  States,  district  shall  ascertain  that  the  same  cannot  be  surveyed  and  located, 
&c-  the  party  in  whose  favor  the  title  is  confirmed  shall  have  the  right  to 


i; 


LOUISIANA.  405 

onter  upon  any  of  the  public  lands  of  the  United  States  a  quantity  of 

land  equal  in   extent,  to  that  sold  by  the  Government :  Provided,  That     Proviso. 

said  entry  be  made  only  on  lands  subject  to  private  entry  at  one  dollar 

and  twenty-five  cents  per  acre,  and  as  far  as  may  be  possible  in  legal 

divisions   and  subdivisions,  according    to  the  surveys  made  by  the 

United  States. 

SEC.  7.  And  be  it  further  enacted,  That  whenever  any  claim  is  presented    Evidence   o  f  - 
for  confirmation  under  the  provisions  of  this  act,  which  has  heretofore  fered  to  former 
been  presented  before  any  board  of  commissioners  under  authority  of  ^jj^dl  ^j?  b|*  ad" 
Congress,  the  facts  reported  as  proven  by  the  former  board  shall  be  Commissioner^6 
taken  as  true  prima  facia;  and  the  evidence  offered  before  such  former 
board,  and  remaining  of  record,  shall  be  admitted  on  the  examination  of 
Hi*}  claims  made  under  the  provisions  of  this  act. 

SEC.  8.  And  be  it  further  enacted,  That  no  land  claimed  under  the     Lands  claimed 
rovisionsof  this  act  shall  be  offered  for  sale,  or  otherwise  disposed  of  under   this   act, 
;\  the  officers  of  the  United  States,  until  the  final  decision  shall  be  g}* £°cbe sold un' 
imide  on  the  validity  of  such  claim  ;  and  in  no  case  where  laud  is  pos- 
sessed or  cultivated  by  private  persons  shall  it  be  entered  upon  or  sur- 
veyed as  public  land,  or  offered  for  sale,  without  previous  notice  given  n(^ umvatedla nd 
to  those  in  possession,  requiring  them  to  present  their  claims  for  con-  veyed, &c.,  with- 
firmation ;  and  if  within  sixty  days  from  the  date  of  such  notice  such  out,  &c. 
claim  shall  not  have  been  tiled,  then  the  proper  officers  of  I  he  Govern- 
ment may  proceed  to  the  survey  or  sale  of  such  lauds  as  public  lands, 
without  prejudice,  however,  to  the  legal  rights  of  the  possessor  or  claim- 
ant, if  any  he  have. 

SEC.  9.  And  be  it  further  enacted,  That  before  the  boards  of  comrnis-     Claimants  to 
eioners  shall  be  required  to  receive  for  record  any  notice,  paper,  evi-  advance   certain 
dence  of  title,  or  testimony,  in  support  of  any  claim,  the  claimant  shall  iug 
pay  to  said  board  the  sum  of  twenty-five  cents  for  every  hundred  words 
required  to  be  recorded,  which  shall  be  in  full  consideration  for  the  re- 
cording and  the  transcript  required  .to  be  forwarded  to  the  Commission- 
er of  the  General  Land  Office. 

SEC.  10.  And  be  it  further  enacted,  That  at  the  commencement  of  each     Commissioner 
regular  session  of  Congress,  it  shall  be  the  duty  of  the  Commissioner  of  of  General  Land 
the  General  Land  Office  to  make  report  of  all  that  has  been  done  under  Office  to  report  to 
the  provisions  of  this  act  by  the  t-everal  officers  charged  with  its  exe- 
•cution. 

SEC.  11.  And  be  it  further  enacted,  That  in  any  case  of  such  a  claim  to     Proceedings 
lands  as  is  hereinbefore  in  the  first  section  of  this  act  mentioned,  where  where  lands  have 
the  lands  claimed  have  not  been  in  possession  of  and  cultivated  by  the  not  been    held 
original  claimant  or  claimants,  or  those  holding  title  under  him  or  them,  are^c'Sed^bv 
for  the  period  of  twenty  years  aforesaid,  and  where  such  lands  are  complete    grant, 
claimed  by  complete  grant  or  concession,  or  order  of  survey  duly  exe-  &c. 
cuted,  or  by  other  mode  of  investiture  of  the  title  thereto  in  the  original 
claimant  or  claimants,  by  separation  thereof  from  the  mass  of  the  pub- 
lic domain,  either  by  actual  survey  or  definition  of  fixed  natural  and 
ascertainable  boundaries  or  initial  points,  courses  and  distances,  by  the 
competent  authority,  prior  to  the  cession  to  the  United  States  of  the 
territory  in  which  said  lands  were  included,  or  where  such  title  was 
created  and  perfected  during  the  period  while  the  foreign  governments 
from  which  it  emanated  claimed  sovereignty  over  or  had  the  actual 
possession  of  such  territory,  the  person  or  persons,  his,  her,  or  their 
heirs,  devisees,  legal  representatives  or  grantees,  so  claiming  such  lands, 
may,  at  their  option,  instead  of  submitting  their  claim  to  the  officer  or 
officers  hereinbefore  mentioned,  proceed  by  petition  in  any  district  court 
of  the  United  States  within  whose  jurisdiction  the  lands  or  any  part  of    Petition  toFed- 
the  lands  claimed  may  lie,  unless  such  claim  comes  within  the  purview  eral  district 
of  the  third  section  of  this  act ;  to  which  petition  the  United  States  court 
shall  be  made  defendant,  and  it  shall  be  verified  by  the  oath  of  the 
party  or  parties,  and  conform  to  the  provisions  of  section  one  of  this    Proceedings 
act,  and  to  the  practice  of  such  court  in  chancery,  and  the  attorney  of tn 
the  United  States  for  such  district  shall  defend  against  the  same  for  the 
United  States;  and  the  court  shall  decide  the  claim  valid  or  invalid 
according  to  the  principles  established  in  this  act,  and  decree  accord- 
ingly.    If  the  decree  be  against  the  United  States,  an  appeal  shall  be 
entered  to  the  Supreme  Court  of  the  United  States ;  and  if  it  be  against 
the  claimant  or  claimants,  he  or  they  may  take  an  appeal  directly  to 
that  court,  as  of  right  and  course,  without  affidavit  or  security  other 
than  for  costs;  and  the  same  shall  be  adjudged  de  novo  in  the  Supreme 
Court  as  in  other  cases  of  appeals  thereto  in  chancery,  and  as  equity 


406  LOUISIANA. 

and  justice  and  the  principles  aforesaid  may  require;  which  decision 
shall  be  final,  and  patent  shall  thereupon  issue,  if  the  claim  be  adjudged 
valid,  for  so  mnch  of  the  lands  claimed  as  remain  unsold :  and  for  so 
much  as  may  have  been  sold,  the  provisions  of  section  six  of  this  act 
shall  apply  aud  be  in  force. 

Act,  how  long  SEC.  12.  And  be  it  further  enacted,  That  this  act  shall  be  and  remain 
to  remain  inin  force  during  the  term  of  five  years,  unless  sooner  repealed  by  Con- 
gress; and  all  claims  presented  or  sued  upon,  according  to  the  provi- 
sions of  this  act,  within  the  said  term  of  five  years,  may  be  prosecuted 
to  final  determination  and  decision,  notwithstanding  the  said  term  of 
five  years  may  have  expired  before  such  final  deter  mination  and  deci- 
sion, (a) 

(a)SeeNos  699,701,703,704,705,  708,710,  712,  716,  718,731,  722,  723.  724,  728,  731,  732, 
737,  7r>8,  739,  740,  745,  746,  749,  752,  753,  777,  790.  817,  819,  826,  852,  863,  864,  873,  8r9, 
899,  904,  911,  946,  956,  961.  967 


June  25, 1860.     So.  958.— AN  ACT  to  grant  to  the  parish  of  Point  Coupee,  Louisiana,  certain  tracts- 
Vol.  12,  p.  113.  of  land  in  said  parish. 


Land  to  be     Be  it  enacted,  $-c.,  That   the  tracts  of   land  in  the  parish  of  Point 
ven  parish  of  Coupee,  Louisiana,  which  have  been  in  ancient  occupancy  as  the  site 
.oupee.      of  a  c]jurcn  anci  court-house,  and  which  are  designated  on  the  plats  of 
the  public  surveys  as  sections  twenty-three  and  twenty-four,  in  tmvii- 
ship  four,  south,  of  range  ten,  east,  in  the  southeastern  district,  Louis- 
iana, be,  and  the  same  are  hereby,  granted  to  the  said  parish  of  Point 
Coupee,  on  the  condition  that  the  aforesaid  section  twenty-four,  or  the 
Condition.         church  site,  shall  be  held  by  said  parish  for  the  use  of  the  Catholic 
congregation  now  occupying  it  for  public  worship  and  as  a  burying- 
ground ;  but  not  to  the  prejudice  of  a  valid  adverse  right,  if  such  exist. 

March  17, 1862.  Bio.  959. — AN  ACT  authorizing  floats  to  issue  in  satisfaction  of  claims  against  the? 
Vol.  12,  p.'371.        United  States  for  lands  sold  by  them  within  the  Las  Ormigas  and  La  Xana  grants, 
in  the  State  of  Louisiana. 

Certificates  Be  it  enacted,  ^c.,  That  it  shall  be  the  duty  of  tbe  Commissioner  of 
may  be  issued  to  the  General  Laud  Office  to  issue  and  deliver  to  the  respective  owner  or 
Ormieas  and  La owners  of  tae  La8  O^g*18  and  La  Nana  tracts  of  land,  formerly 
Nana  tracts  of  situate  in  the  parish  of  Natchitoches,  now  parishes  of  Sabino  and  De 
land.  Soto,  in  the  State  of  Louisiana,  or  to  his  or  their  assigns  or  other  legal 

representatives,  certificates  or  floats,  in  the  usual  form,  for  so  much 
land  as  may  have  been  at  any  time  heretofore  sold,  donated,  granted, 
or  reserved  by  the  United  States  within  said  tracts  of  land  or  either  of 
How  located,     them;  and  which  certificates  or  floats  may  be  located  by  the  owner  or 
holder  thereof  on  any  lands  belonging  to  the  United  States,  and  sub- 
ject to  private  entry  at  a  price  not  exceeding  one  dollar  and  twenty- 
five  cents  per  acre,  and  which  certificates  or  floats  shall  be  in  full  satis- 
faction of   all  claims  against  the  United  States  for  lands  so  sold, 
Title  to  be  first  donated,  granted,  or  reserved:  Provided,    That  as  a  condition  prece- 
shown.  dent  to  the  issuing  of  the  floats  hereinbefore  authorized,  the  claimant, 

or  claimants,  shall  present  to  the  Commissioner  of  the  General  Land 
Office  satisfactory  evidence  of  title  thereto,  and  that  such  claimants 
have  been  and  continue  to  be  loyal  to  the  Government  of  the  United 
Certificates  not  States :    And  provided  further,   That  such  certificates  and  floats  shall 
to  exceed  a  cer-  not  exceed  in  gross  seventeen  thousand  four  hundred  and  seventy- 
tain  amount,        seven  and  sixty-two  hundredths  acres,  (a) 

"When  act  to  SEC.  21  And  be  it  further  enacted,  That  this  act  shall  take  effect 
take  effect.  immediately. 

(a)  See  No.  960. 

June  30  1864.     Wo.  96O.— AN  ACT  authorizing  the  issue  of  patents  for  locations  made  with  certi- 

Vol  13  p.  326.       ficates  granted  under  authority  of  the  act  of   Congress,  approved  March  seven- 

teenth,  eighteen  hundred  and  sixty-two,  allowing  floats  in  satisfaction  of  lands  sold 

by  the  United  States  within  the  limits  of  the  Las  Omegas  and  La  Nana  grants  in 

Louisiana. 

Patents  may  is-  Be  it  enacted,  #c.,.  That  in  the  case  of  all  locations  made  with  certifi- 
eue  for  certain  cates  issued  under  the  act  of  Congress  approved  seventeenth  March, 
locations.  eighteen  hundred  and  sixty-two,  "  authorizing  floats  to  issue  in  satis- 

faction of  claims  against  the  United  States  for  lauds  sold  by  them 
within  the  Las  Ormegas  and  La  Naua  grants,  in  the  State  of  Louis- 


LOUISIANA,  407 

iana,"  it  shall  and  may  be  lawful  for  the  Commissioner  of  the  General 
Land  Office  to  cause  patents  to  issue  for  such  locations,  where  the 
same  may  be  found  bona  fide  and  satisfactory  to  the  said  Commis- 
sioner, (a) 

(a)  See  No.  959. 


No.  961.— AN  ACT  to  extend  the  provisions  of  an  act  entitled  "An  act  for  the  March  2,1867. 
final  adjustment  of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and  Mis-  Vol.  14,  p.  544. 
souri,  and  for  other  purposes." 


Be  it  enacted,  <f-c.,  That  the  provisions  of  the  act  entitled  "An  act  for    Extended  for 
the  final  adjustment  of  private  land  claims  in  the  States  of  Florida,  tbree  years. 
Louisiana,  and  Missouri,  and  for  other  purposes,'*'  approved  June  twenty- 
second,  eighteen  hundred  and  sixty,  be,  and  the  same  are  hereby,  ex- 
tended, and  the  same  shall  continue  in  force  for  a  period  of  three  years 
from  and  after  the  passage  of  this  act.  (a) 

(a)  SeeNos.  699,  701,  703.  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732,  737, 
738,  739,  740,  745,  746,  7"  9,  752,  753,  777,  790,  817,  819,826,852,863,864,873,889,899, 
904,911,946,956,957,967. 


No.  962.— AN  ACT  to  declare  forfeited  to  the  United  States  certain  lands  granted     July  14, 1870. 
to  the  State  of  Louisiana  to  aid  in  constructing  a  railroad  therein.  Vol.  16,  p.  277. 

Be  it  enacted,  <fc.,  That  all  the  lands  which  were  granted  by  Congress,     Certain  lands 
in  the  year  eighteen  hundred  and  fifty-six,  to  the  State  of  Louisiana,  to  granted  to  Louis- 
aid  in  the  construction  of  the  New  Orleans,  Opelousas,  and  Great  West-  Mmj'  in, *  forj^' 
era  Railroad,  and  which  have  not  been  lawfully  disposed  of  by  the  said  ed^tcfthe  United 
State  under  said  grant,  which  has  expired  by  limitation,  or  by  act  of  states. 
Congress  since  the  original  grant,  are  hereby  declared  forfeited  to  the 
United  States,  and  these  lands  shall  hereafter  be  disposed  of  as  other 
public  lands  of  the  United  States,  (a) 

(a)  See  Nos.  822,  828,  829,  920,  924,  964,  986. 


No.  963.— AN  ACT  to  provide  for  the  disposition  of  useless  military  reservations.      Feb.  24,  187L 

[Military  reservation  at  Forts  Je 
WASHINGTON  TERRITORY,  No.  2305.] 


[Military  reservation  at  Forts  Jessup  and  Sabine  to  be  sold.     See — — — — - 


No.  964.— AN  ACT  to  incorporate  the  Texas  Pacific  Railroad  Company,  and  to  aid     March  3,  1871. 
in  the  construction  of  its  road,  and  for  other  purposes.  Vol.  16,  p.  573^ 

[Grant  of  lands  to  New  Orleans,  Baton  Rouge,  and  Vicksburg  Railroad 
Company.    See  CALIFORNIA,  No.  2391.] 


No.  965.— AN  ACT  authorizing  the  President  of  the  United  States  to  re-establish  the     March  16, 1872. 
Monroe  land  district  in  the  State  of  Louisiana.  Vol.  17,  p.  40. 

Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he    Monroe'   land 
is  hereby,  authorized,  if  in  his  judgment  the  public  interests  would  be  district  in  Louis- 
subserved  thereby,  to  re-establish  the  Monroe  land  district  in  the  State  ia°a  re-estab- 
or  Louisiana,  with  the  same  boundaries  that  existed  before  the  consoli- llsned> 
dation  of  said  land  district  with  the  land  district  at  New  Orleans,  (a) 

(a)  See  Nos.  701, 704,  708,  710,  711, 718, 731, 737, 740, 831, 879. 


No.  966.— AN  ACT  supplementary  to  an  act  entitled  "An  act  to  incorporate  the     May  2,  1872. 
Texas  Pacific  Railroad  Company,  and  to  aid  in  the  construction  of  its  road,  and  for     Vol.  17,  p.  59. 
other  purposes,"  approved  March  third,  eighteen  hundred  and  seventy-one.  — — 

[Texas  and  Pacific  Railroad  Company  authorized  to  construct  a  road 
between  Marshall,  Texas,  and  Shreveport,  Louisiana.  See  CALIFORNIA. 
No.  2395.] 


408  LOUISIANA 

June  in,  1872.    No.  967.— AX  ACT  to  extend  the  provisions  of  an  act  entitled  "  An  act  for  the  final 
Vol.  17.  p.  378.       adjustment  of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and  Missouri, 
and  for  other  purposes." 


Provisions  o  f  Be  it  enacted,  #c..  That  the  provisions  of  the  act  entitled  "  An  act  for 
act  tor  adjusting  the  final  adjustment  of  private  land  claims  in  the  States  of  Florida, 
claim s3in Florida  Louisiana,  and  Missouri,  and  for  other  purposes,"  approved  June  twenty- 
<fcc.,  extended  for  second,  eighteen  hundred  and  sixty,  be,  and  the  same  are  hereby,  ex- 
three  years.  tended,  and  the  same  shall  continue  in  force  for  a  period  of  three  Vears 

from  and  after  the  passage  of  this  act. 

Claimants,    if     SEC.  2.  That  all  persons  claiming  land  as  specified  in  the  first  section 

possession  has  of  said  act  may  have  their  claims  confirmed,  in  accordance  with  the 

been  continuous  forms  and  in  the  manner  prescribed  in  said  act,  in  all  cases  where  it 

thei?'chSms  con^  8na11  be  satisfactorily  proved  that  the  claimants,  and  those  from  whom 

finned.  they  derive  title,  have  held  continuous  possession  of  the  land  claimed, 

from  the  date  of  the  cession  to  the  United  States  of  the  territory  out 

or  which  the  States  of  Florida,  Louisiana,  and  Missouri  were  formed,  (a) 

(a)  SeeXos.  699,  701,  703,  704,  705,  708,  710,  712,  716,  718,  721,  722,  723,  724,  728,  731,  732,  737, 
738,  739,  740,  745, 746,  749,  752,  753,  777,  790,  817,  819,  826,  852,  863,  864,  873,  889,  899,  904, 
911,  946, 956,  957, 961. 


May  5,  1880.       Xo.  968.— AN  ACT  to  confirm  the  title  of  Charles  Olivier  Duclozel  to  certain  lands 
Vol.  21,  p.  — .  in  the  State  of  Louisiana. 


Tract  of  land  Be  it  enacted,  <fc.,  That  a  certain  tract  of  land,  of  ten  arpents  front  by 
confirmed.  forty  arpents  in  depth,  on  the  west  side  of  Bayou  Teche,  being  section 

seventy-nine,  in  township  ten  south,  of  range  six  east,  in  the  State  of 
Louisiana,  as  per  plat  of  the  United  States  consolidated  land  office,  dis- 
trict of  Louisiana,  be,  and  the  same  is  hereby,  confirmed  to  and  in 
Charles  Olivier  Duclozel,  his  heirs  or  assigns. 

Patent  to  issue.  gEC  2  That  the  Secretary  of  the  Interior  of  the  United  States  is 
hereby  authorized,  directed,  and  required  to  issue  a  patent  for  the  lands 
aforesaid,  herein  described,  to  said  Charles  Olivier  Duclozel :  Provided, 

Proviso.  That  this  act  and  the  said  patent  shall  be  considered  and  construed  only 

as  a  quit-claim  on  the  part  of  the  United  States  of  such  title  only  as 
the  United  States  have  a  legal  and  equitable  right  to  convey,  and  shall 
not  affect  the  rights  or  interests  of  any  other  claimants,  or  affect  or  pre- 
clude any  judicial  investigation. 


June  16, 1880.      nfO.  969.— AX  ACT  to  confirm  to  John  Hepting  and  others  title  to  certain  lands. 


Be  it  enacted,  <$'c.,  That  all  the  right  title  claim  and  interest  of  the 
and  United  States  to  certain  tracts  of  laud  on  the  right  bank  of  the  Missis- 


Ladv  Abbess  and  siPI'i  Riyer  opposite  the  city  of  New  Orleans  in  the  parish  of  Jefferson 

coniniunity'of  Ur-  and  now  the  site  of  the  village  of  Mechanicham  and  described  as  a  tract 

sulineLadyXuns  of  laud  fronting  sixteen  arpeuts  on  the  river  by  forty  arpents  in  depth 

of  Xew  Orleans.    Between  parallel  lines  and  further  described  in  the  official  maps  of  the 

General  Land  Office  of  the  United  States  as  sections  three  and  five, 

thirty-four,  thirty-five  and  thirty-six  in  township  thirteen  south,  range 

twenty-  four  east,  and  sections  forty,  forty-one,  forty-two,  fifty-seven, 

fifty-eight  and  fifty-nine  in  township  fourteen  south,  range  twenty-four 

east  southeast,  district  of  Louisiana,  be  and  the  same  is  hereby  granted 

and  conv.eyed  to  the  Lady  Abbess  and  community  of  Ursuline  Lady 

Nuns  of  New  Orleans,  Louisiana,  their  successors  transferrees  vendees 

Proviso.  and  assignees  :  Provided,  That  this  shall  have  the  effect  only  of  a  quit- 

claim of  all  the  right  title  and  interest  of  the  United  States  therein,  not 

to  affect  any  valid  adverse  right  or  title  to  said  land  nor  create  any  lia- 

bility on  the  part  of  the  United  States. 


MISSOURI. 


Wo.  970.— AN  ACT  making  compensation  to  John  Eugene  Leitensdorfer  for  serv-     Feb.  13, 1811. 
ices  rendered  the  United  States  in  the  war  with  Tripoli.  Vol.  6,  p.  97. 


Beit  enacted,  #c.,  That  the  Secretary  of  War  be,  and  he  is  hereby  di-    Land    warrant 
reeted  to  issue  a  land  warrant  to  John  Eugene  Leitensdorfer  for  three  to  be  granted  to 
hundred  and  twenty  acres;  which  said  warrant  may,  at  the  option  of  Leitensdorfer. 
the  holder  or  possessor,  be  located  with  any  register  or  registers  of  the 
land  offices  on  any  of  the  public  lands  of  the  United  States,  lying  on 
the  west  side  of  the  Mississippi,  then  and  there  offered  for  sale,  or  maj 
be  received  at  the  rate  of  two  dollars  per  acre  in  payment  of  any  such 
piiblic  lands,  (a) 

******* 

ia)  See  No.  1032. 

TVo.  971. — AN  ACT  providing  for  the  government  of  the  Territory  of  Missouri.         June  4, 1812. 
Be  it  enacted,  #c.,  That  the  Territory  heretofore  called  Louisiana  shall     Vol>  2)  p-  743' 


hereafter  be  called  Missouri,  and  that  the  temporary  government  of  the     Louisiana  to  be 
Territory  of  Missouri  shall  be  organized  and  administered  in  the  man-  called  Missouri, 
ner  herein  after  prescribed,  (a) 

******  * 

SEC.  15.  And  be  it  further  enacted,  That  the  general  assembly  shall     Limitation  of 
never  interfere  with  the  primary  disposal  of  the  soil  by  the  United  States  the  powers  of  the 
in  Congress  assembled,  nor  with  any  regulation  Congress  may  find  ue-  general  assem- 
cessary  to  make  for  securing  the  title  in  the  bona-fide  purchasers:  no     y' 
tax  shall  ever  be  imposed  on  lands  the  property  of  the  United  States. 
The  lauds  of  non-resident  proprietors  shall  never  he  taxed  higher  than 
those  of  residents.     The  Mississippi  and  Missouri  rivers,  and  the  navi-     Mississippi 
gable  waters  flowing  into  them,  and  the  carrying  places  between  the  »nd  Missouri 
same,  shall  be  common  highways  and  forever  free  to  the  people  of  the  fJe|rs>  &c>1  to 
said  Territory  and  to  the'  citizens  of  the  United  States,  without  any  tax, 
duty  or  impost  therefor. 

SEC.  16.  And  be  it  further  enacted,  That  the  laws  and  regulations  in  force     Laws    to  con- 
m  the  Territory  of  Louisiana,  at  the  commencement  of  this  act,  and  not  tinueiuforce,  &c. 
inconsistent  with  the  provisions  thereof,  shall  continue  in  force  until 
altered,  modified  or  repealed  by  the  general  assembly.     And  it  is  hereby     This  act  not  to 
declared  that  this  act  shall  not  be  construed  to  vacate  the  commission  vacate     commis- 
of  any  officer  in  the  said  Territory,  acting  under  the  authority  of  the  S10DS- 
Un  i  ted  States,  but  that  every  such  commission  shall  be  and  continue  in 
full  force  as  if  this  act  had  not  been  made.    And  so  much  of  an  act,  en- 
tituled  "An  act  further  providing  for  the  government  of  the  Territory  ^  , 

of  Louisiana,"  approved  on  the  third  day  of  March,  one  thousand  eight  and    of    act    of 
hundred  and  five,  (&)  and  so  much  of  an  act,  entituled  "  An  act  for  March   26,  1804, 
erecting  Louisiana  into  two  territories  and  providing  for  the  temporary  repealed, 
government  thereof,"  approved  the  twenty-sixth  of  March,  one  thou- 
sand eight  hundred  and  four,  (c)  as  is  repugnant  to  this  act,  shall  from 
and  after  the  first  Monday  in  December  next  be  repealed.     On  which     This  act  to  corn- 
first  Monday  in  December  next  this  act  shall  commence  and  have  full  J!?^® December" 
force :  Provided,  So  much  of  it  as  requires  the  governor  of  said  Territory  igj^. 
to  perform  certain  duties  previous  to  the  said  first  Monday  of  Decem- 
ber next  shall  be  in  force  from  the  passage  thereof. 

(a)  See  Nod.  989,  990,  991,  1034,  1043,  1045.  1068,  1071,  1076. 
(6)  See  No.  702. 
(c)  See  No.  699. 

409 


410  MISSOURI. 

June  13, 1812.     No.  972.— AN  ACT  making  further  provision  for  settling  the  claims  to  land  in  the 
Vol.  2,  p.  748.  Territory  of  Missouri. 

Rights  to  cer-     ^e  '**  enacted,  £c.,  That  the  rights,  titles  and  claims,  to  town  or  village 
tain  lots  adjoin- lots,  out-lots,  common-field  lots  and  commons,  in,  adjoining  and  belong- 
ing to  cer  tain  ing  to  the  several  towns  or  villages  of  Portage  des  Sipnx,  St.  Charles, 
towns,    confirm-  gt.  Loui8j  gti  Ferdinand,  Village  a  Robert,  Carondelet,  St.  Genevieve, 
New  Madrid,  New  Bourbon,  Little  Prairie  and  Arkansas,  in  the  Terri- 
tory of  Missouri,  which  lots  have  been  inhabited,  cultivated,  or  pos- 
sessed, prior  to  the  twentieth  day  of  December,  one  thousand  eight  hun- 
dred and  three,  shall  be  and  the  same  are  hereby  confirmed  to  the  in- 
habitants of  the  respective  towns  or  villages  aforesaid,  according  to 
feS"iehteofoth"  *heir  8ev.eral  right  or  rights  in  common  thereto:  Provided,  That  noth- 
ers,  confirmed.     ing  herein  contained  shall  be  construed  to  affect  the  rights  of  any  per- 
sons claiming  the  same  lands,  or  any  part  thereof,  whose  claims  have 
been  confirmed  by  the  board  of  commissioners  for  adjusting  and  set- 
Deputy    s  ur -  tjing  claims  to  land  in  the  said  Territory.    And  it  shall  be  the  duty  of 
boundary0  ™nes  tne  PrinciPal  deputy  surveyor  for  the  said  Territory  as  soon  as  may  ber 
&c>  '  to  survey,  or  cause  to  be  surveyed  and  marked,  (where  the  same  has  not 

already  been  done,  according  to  law,)  the  out-boundary  lines  of  the  said 
several  towns  or  villages  so  as  to  include  the  out-lots,  common-field  lots 
And  make  out  and  commons,  thereto  respectively  belonging.     And  he  shall  make  out 
plats.  plats  of  the  surveys,  which  he  shall  transmit  to  the  survey  or- general, 

who  shall  forward  copies  of  the  said  plats  to  the  Commissioner  of  the 
General  Land  Office,  and  to  the  recorder  of  land  titles;  the  expense  of 
Expense    not  surveying  the  said  out-boundary  lines  shall  be  paid  by  the  United  States 
to  exceed   three  out  of  any  moneys  appropriated  for  surveying  the  public  lands :  Pro- 
dollars  per  mile,  rided,  That  the  whole  expense  shall  not  exceed  three  dollars  for  every 

mile  that  shall  be  actually  surveyed  and  marked,  (a)  ' 

Lots  to  be  re-      SEC.  2.  And  lie  it  further  enacted,  That  all  town  or  village  lots,  out- 
served  for   sup-  iOfS?  or  common-field  lots,  included  in  such  surveys,  which  are  not  right- 
0  8'    fully  owned  or  claimed  by  any  private  individuals,  or  held  as  commons 
belonging  to  such  towns  or  villages,  or  that  the  President  of  the  United 
States  may  not  think  proper  to  reserve  for  military  purposes,  shall  be, 
and  the  same  are  hereby  reserved  for  the  support  of  schools  in  the  re- 
Proviso,  spective  towns  or  villages  aloresaid  :  Provided,  That  the  whole  quantity 
of  land  contained  in  the  lots  reserved  for  the  support  of  schools  in  any 
one  town  or  village,  shall  not  exceed  one-twentieth  part  of  the  whole 
lands  included  in  the  general  survey  of  such  town  or  village.  (&) 
Claims  todona-     SEC.  3.  And  be  it  further  enacted,  That  every  claim  to  a  donation  of  lands 
certain0  <-i??um'  in  the  8aid  Territorv>  in  virtue  of  settlement  and  cultivation,  which  is 
stances,  confirm-  embraced  by  the  report  of  the  commissioners,  transmitted  to  the  Sec- 
ed.  retary  of  the  Treasury,  and  which  by  the  said  report,  shall  appear  not 
to  have  been  confirmed,  merely  because  permission,  by  the  proper  Spanish 
officer,  to  settle,  has  not  been  duly  proven  ;  or  because  the  tract  claimed, 
although  inhabited,  was  not  cultivated  on  the  twentieth  of  December, 
one  thousand  eight  hundred  and  three,  or  not  to  have  been  confirmed  on 
account  of  both  said  causes ;  the  same  shall  be  confirmed,  in  case  it  shall 
appear  that  the  tract  so  claimed  was  inhabited  by  the  claimant  or  some 
one  for  his  use  prior  to  the  twentieth  day  of  December,  one  thousand 
eight  hundred  and  three  as  aforesaid,  and  cultivated  in  eight  months 
Subject  to  cer-  thereafter,  subject,  however,  to  every  other  limitation  and  restriction 
tain  limitations,  prescribed  by  former  laws  in  respect  to  such  claims;  and  in  all  cases 
b  ^rafirnuj™       wnere  it:;  sha11  appear  by  the  said  report  or  other  records  of  the  board 
that  claims  to  land  have  not  been  confirmed  merely  on  the  ground  that 
the  claim  was  for  a  greater  quantity  than  eight  hundred  arpens,  French 
measure,  every  such  claim  to  the  extent  of  eight  hundred  arpens,  shall 
be  confirmed,  (c) 

Recorder  to     SEC.  4.  And  be  it  further  enacted,  That  the  recorder  of  land  titles  forthe 

make  extract  of  gaid  Territory  shall,  without  delay,  make  an  extract  from  the  books  of 

claims   f  rom  |ne  8a^  ijOar(|  of  commissioners  of  all  the  claims  to  land  which  are,  by 

the  preceding  section,  directed  to  be  confirmed,  a  copy  of  which  he  shall 

To  transmit  a  transmit  to  the  Commissioner  of  the  General  Land  Office ;  and  he  shall 

copy  to  General  furnish  the  principal  deputy  surveyor  with  a  proper  description  of  the 

furnish  deputv  tracts  8O  to  be  conr»rmeoi?  wherein  the   quantity,  locality,  boundaries 

surveyor    with  and  connexion,  when  practicable  with  each  other,  and  those  tracts  that 

descriptions,  &c.  have  been  confirmed  by  the  board  of  commissioners  shall  be  stated.     And 

whenever  plats  of  the  surveys  as  herein  after  directed,  shall  have  been 

returned  to  the  said  recorder's  office,  it  shall  be  his  duty  to  issue  for 

each  tract  to  be  confirmed,  as  aforesaid,  to  the  person  entitled  thereto, 

a  certificate  in  favour  of  the  party,  which  shall  be  transmitted  to  the 


MISSOURI.  411 

Commissioner  of  the  General  Land  Office ;  and  if  it  shall  appear  to  the     Recorder  to  is» 
satisfaction  of  the  said  Commissioner  that  such  certificate  has  been  8ue  certificates, 
fairly  obtained,  according  to  the  true  intent  and  meaning  of  this  act, 
then,  in  that  case,  patents  shall  be  granted  in  like  manner  as  is  provided     Patents  to  be 
by  law  for  the  other  lands  of  the  United  States,  (d)  granted. 

SEC.  5.  And  be  it  further  enacted,  That  the  principal  deputy  surveyor    Deputy  survey- 
shall  survey,  or  cause  to  be  surveyed,  under  the  direction  of  the  surveyor-  or  to  survey, 
general,  so  much  of  the  lands  in  the  said  Territory,  to  which  the  Indian 
title  has  been  extinguished,  as  the  President  of  the  United  States  may 
direct,  into  townships  of  six  miles  square,  by  lines  running  due  north     Townships    to 
and  south,  and  others  crossing  these  at  right  angles  ;  and  also  the  lands,  be  laid  off', 
the  claims  to  which  are  directed  to  be  confirmed,  by  the  third  section 
of  this  act ;  and  the  lands,  the  claims  to  which  have  been  coniirined  by 
the  board  of  commissioners,  where  the  same  has  not  already  been  sur- 
veyed under  the  authority  of  the  United  States.     And  the  said  principal 
deputy  surveyor  shall  make  out  a  general  and  connected  plat  of  all  the     Plat    to    be 
surveys  directed  by  this  act  to  be  made,  or  which  have  already  been  made, 
made  under  the  authority  of  the  United  States,  which  he  shall  transmit 
to  the  surveyor-general,  who  shall  transmit  copies  of  the  said  plat  or 
plats  to  the  recorder  of  land  titles  and  the  Commissioner  of  the  General     Expense    not 
Land  Office.    The  expense  of  surveying  shall  be  paid  by  the  United  to  exceed  three 
States  :  Provided,  the  same  shall  not  in  the  whole  exceed  three  dollars  dollars  per  mile. 
a  mile  for  every  mile  that  shall  be  actually  surveyed  and  marked,  (e) 

SEC.  6.  And  be  it  further  enacted,  That  in  all  cases  where  by  reason-  of 
the  indefinite  description  of  the  local  situation  and  boundaries  of  any 
tract,  the  claim  to  which  has  been  confirmed  by  the  commissioners,  the 
same  cannot  be  ascertained  by  the  principal  deputy  surveyor,  it  shall  be 
the  duty  of  th&  recorder  of  laud  titles,  on  the  application  of  the  said     Recorder  to 
principal  deputy,  to  furnish  such  precise  description  thereof,  as  can  be  furnish   descrip- 
obtained  from  the  records  in  his  office,  and  the  books  of  the  said  board  tions. 
of  commissioners;  and  for  the  purpose  of  the  more  correctly  ascertain- 
ing the  locality  and  boundaries  of  any  such  tracts,  the  said  principal 
deputy,  shall  have  free  access  at  all  seasonable  hours  to  the  books  and     Access  to    1)0 
papers  in  the  recorder's  office,  relating  to  land  claims,  and  be  permitted  allowed  to  books 
to  take  copies  or  such  extracts  therefrom,  or  any  of  them,  as  he  may  and  papers  in  re- 
think proper  and  necessary  for  the  discharge  of  his  duty  in  executing  co/der  8  office. 
such  surveys.     And  the  said  recorder  shall  be  allowed  twenty-five  cents     Recorder's  fee. 
for  the  description  of  each  tract  which  he  shall  furnish  to  the  principal 
deputy  surveyor  as  aforesaid. 

SEC.  7.  And  le  it  further  enacted,  That  every  person  or  persons  claim-     Actual  settlers 
ing  lands  in  the  Territory  of  Missouri,  who  are  actual  settlers  on  the  allowed  till  first 
lands  which  they  claim,  and  whose  claims  have  not  been  heretofore  December,   1812, 
filed  with  the  recorder  of  land  titles  for  the  said  Territory,  shall  bo  denceof !  claims" 
allowed  until  the  first  day  of  December  next,  to  deliver  notices  in  writ-  &c. 
ing,  and  the  written  evidences  of  their  claims  to  the  said  recorder ;  and 
the  notices  and  evidences  so  delivered  within  the  time  limited  by  this 
act,  shall  be  recorded  in  the  same  manner,  and  on  payment  of  the' same 
fees  as  if  the  same  had  been  delivered  before  the  first  day  of  July,  one 
thousand  eight  hundred  and  eight ;  but  the  rights  of  such  persons  as 
shall  neglect  so  doing  within  the  time  limited  by  this  act,  shall,  so  far 
as  they  are  derived  from,  or  founded  on  any  act  of  Congress,  ever  after     Barred  forever 
be  barred  and  become  void,  and  the  evidences  of  their  claims  never  after  after- 
admitted  as  evidence  in  any  court  of  the  United  States,  against  any 
grant  derived  from  the  United  States. 

SEC.  8.  And  be  it  further  enacted,  That  the  said  recorder  of  land  titles,  Power  and  duty 
shall  have  the  same  powers,  and  perform  the  same  duties  in  relation  to  of  recorder, 
the  claims  thus  filed  before  the  first  day  of  December  next,  and  the 
claims  which  have  been  heretofore  filed,  but  not  decided  on  by  the  com- 
missioners, as  the  board  of  commissioners  had  by  former  laws  respecting 
claims  filed  prior  to  the  first  day  of  July,  one  thousand  eight  hundred 
and  'eight,  except  that  all  of  his  decisions  shall  be  subject  to  the  revis- 
ion of  Congress.  And  it  shall  be  the  duty  of  the  said  recorder  to  make 
to  the  Commissioner  of  the  General  Land  Office  a  report  of  all  the  claims 
which  shall  be  thus  filed  before  the  first  day  of  December  next,  and  of 
the  claims  which  have  been  already  filed  but  not  decided  on  by  the  said 
commissioners;  together  with  the  substance  of  the  evidence  in  support 
thereof,  with  his  opinion  and  such  remarks  as  he  may  think  proper, 
which  report  together  with  a  list  of  the  claims  which,  in  the  opinion  of 
the  said  recorder,  ought  to  be  confirmed,  shall  be  laid  by  the  Commis- 
sioner of  the  General  Land  Office  be  lore  Congress,  at  their  next  session, 


41 2  MISSOURI. 

Additional  fee  for  their  determination  thereon.     The  said  recorder  in  addition  to  his 
to  the  recorder,    salary  as  fixed  by  law,  shall  be  allowed  fifty  cents  for  each  claim  which 
has  been  filed,  but  not  decided  on  by  the  commissioners ;  or  which  shall 
be  filed  according  to  this  act,  and  on  which  he  shall  make  a  decision, 
whether  such  decision  be  in  favour  of,  or  against  the  claim,  and  a  fur- 
Further  allow-  ther  allowance  of  five  hundred  dollars,  which  shall  be  paid  after  he 
ance.  shall  have  made  his.  report  to  the  Commissioner  of  the  General  Land 

Office ;  which  allowance  of  fifty  cents  for  each  claim  decided  on,  and 
five  hundred  dollars  on  the  completion  of  the  business,  shall  be  in  fall 
compensation  for  his  services,  including  clerk  hire,  respecting  the  claims 
to  be  decided  on  according  to  this  act. 
(a)  See  Nos.  999, 1016, 1119, 1143. 
(6)  See  JSTos.  968,  989.  995,  1013.  101U,  1093,  1114, 1142,  1145. 

(c)  See  Nos.  722,  728,  957,  967,  97:i,  974,  97(i,  980,  988,  998,  1002,  1007, 1020, 1024, 1041, 1063, 

1067.  1102, 1104, 1106,  1107. 1124, 1139, 1143. 

(d)  See  Xos.  189,  701,  973,  974,  977, 1020,  1024, 1143, 1149. 
(«)  See  Xos.  340,  344,  979, 1121. 


March  3, 1813.  No.  973. — AX  ACT  allowing  further  time  for  delivering  the  evidence  in  support  of 
Vol.  2,  p.  812.  claims  to  land  in  the  Territory  of  Missouri,  and  for  regulating  the  donation  grants 
therein 


Further  time  -Be  it  enacted,  <fc.,  That  every  person  or  persons  who  had  filed  a  notice 
allowed  to  claim-  of  claim  to  any  tract  of  land  lying  within  the  District  of  Louisiana  (now 
ants  within  the  Territory  of  Missouri)  with  the  recorder  of  land  titles,  according  to  law, 
souri  l8  auc^  Dave  n°t  exhibited  any  testimony  or  written  evidence  in  support  of 

the  same,  and  whose  claim  has  not  already  been  confirmed,  shall  be  al- 
lowed until  the  first  of  January  next,  to  deliver  to  the  recorder  of  land 
Written  evi- titles  for  said  Territory  the  written  evidence,  or  produce  other  testi- 
dencetobegiven.  meny,  in  support  of  his  or  their  claim,  notice  whereof  had  been  filed  as 
aforesaid  ;  and  the  written  evidence  delivered  to  the  said  recorder 
within  the  time  limited  by  this  section,  in  support  of  claims  filed  as 
aforesaid,  shall  be  by  him  recorded  in  the  same  manner,  and  on  receiv- 
ing the  same  fees  allowed  by  former  acts  for  recording  written  evidence 
of  claims  to  lands  in  the  said  district,  and  the  rights  of  any  such  per- 
son neglecting  to  deliver  the  evidence  of  their  claims  within  the  time 
above  mentioned  shall  become  barred  and  void,  in  so  far  as  the  same 
was  derived  from  the  United  States,  and  the  evidence  thereof  be  incapa- 
ble of  being  admitted  in  any  court  whatsoever. 

Duties  and  SEC.  2.  And  be  it  further  enacted,  That  the  recorder  of  land  titles  for 
powers  of  record- the  said  Territory  shall  have  the  same  powers,  and  perform  the  same 
er-  duties  in  every  respect,  in  relation  to  the  claims,  whereof  notice  had 

been  filed  as  aforesaid,  and  the  written  evidence  in  support  thereof  shall 
have  been  delivered,  or  other  testimony  produced  within  the  time  lim- 
ited by  this  act,  as  the  board  of  commissioners  for  ascertaining  the 
rights  of  persons  claiming  lands  in  said  district  would  have  had  or 
should  have  performed  if  the  evidence  of  such  claims  had  been  deliv- 
ered before  the  first  day  of  July,  one  thousand  eight  hundred  and  eight, 
except  that  his  decision  shall  be  subject  to  the  revision  of  Congress. 
Duties  o  f  re-     SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  said 
corder  to  report  recorder  to  make  to  the  Commissioner  of  the  General  Land  Office  a  re- 
to  the  Commia-  port  of  all  the  claims  which  had  been  filed,  and  in  support  of  which 
evidence  shall  be  received  as  aforesaid,  with  the  substance  of  such  evi- 
dence, together  with  his  opinion,  and  such  remarks  as  he  may  think 
proper,  which  report,  together  with  a  list  of  the  claims  which  in  the 
opinion  of  the  said  recorder  ought  to  be  confirmed,  shall  be  laid  before 
Congress  at  their  next  session  for  their  determination  thereon,  (a) 
Claimants     SEC.  4.  And  be  it  further  enacted,  That  every  person  whose  claim  to 
when  to  receive  a  donation  of  a  tract  of  laud  in  said  district  has  been  confirmed  by  the 
their  grants    in  board  of  commissioners  appointed  for  ascertaining  the  rights  of  persons 
ful1-  claiming  lands  in  said  district,  and  is  embraced  in  their  report  trans- 

mitted to  the  Secretary  of  the  Treasury,  or  which  has  been  confirmed 
by  the  recorder  of  land  titles,  under  the  third  section  of  the  act,  entitled 
"An  act  making  further  provision  for  settling  the  claims  to  land  in  the 
Territory  of  Missouri/'  approved  on  the  thirteenth  of  June,  one  thou- 
sand eight  hundred  and  twelve,  shall  be  entitled  to  a  grant  for  six  hun- 
dred and  forty  acres,  notwithstanding  a  less  quantity  shall  have  bee'ii 
allowed  to  him  by  the  decision  of  the  said  commissioners,  or  recorder  of 
Limitations  of land  titles :  Provided,  That  in  no  case  shall  the  grant  be  for  more  laud 
grants.  than  was  claimed  by  the  party  in  his  notice  of  claim,  nor  for  more  land 


MISSOURI.  413 

than  is  contained  within  the  acknowledged  and  ascertained  boundaries 
of  the  tract  claimed. 

SEC.  5.  And  be  it  further  enacted,  That  the  principal  deputy  surveyor  Survey  to  be 
for  the  said  Territory  shall  survey  or  cause  to  be  surveyed,  under  the  made, 
direction  of  the  surveyor-general,  a  tract  of  six  hundred  and  forty  acres 
of  land,  to  each  claimant  of  a  donation  tract,  whose  claim  has  been  con- 
firmed as  aforesaid,  except  as  provided  by  the  last  preceding  section, 
where  the  quantity  claimed  by  the  party  was  less  than  six  hundred  and 
forty  acres,  and  where  the  ascertained  boundaries  of  the  tract  claimed 
does  not  include  six  hundred  and  forty  acres,  in  which  cases  the  survey 
shall  contain  only  the  land  claimed,  and  the  tracts  thus  to  be  surveyed 
shall  consist  of  unappropriated  lands,  and  shall  in  every  case  contain 
the  improved  lands,  by  virtue  of  the  settlement  on  and  cultivation  of 
which  the  claimant's  right  to  a  donation  has  been  confirmed,  and  in  all 
cases  where,  by  reason  of  adjacent  prior  claims,  or  the  contiguity  of  the 
improvements  of  the  persons  entitled  to  donation  grants,  each  claimant 
cannot  obtain  a  tract  of  six  hundred  and  forty  acres,  the  vacant  lands 
applicable  to  the  object  shall  be  divided  between  the  claimants  in  such 
manner  as  shall  appear  to  the  principal  deputy  survey  or  most  equitable; 
and  whenever  plats  of  the  surveys  shall  have  been  returned  by  the  prin-  Grants  and  pat- 
cipal  deputy  surveyor  to  the  office  of  the  recorder  of  land  titles,  it  shall  ?nts  when  to  be 
be  the  duty  of  the  recorder  to  issue  for  each  tract,  according  to  the  sur- lssuetl- 
vey  returned  to  him,  a  certificate  in  favour  of  the  party  to  each  person 
entitled  thereto,  which  shall  be  transmitted  to  the  Commissioner  of  the 
General  Land  Office ;  and  if  it  shall  appear  to  the  satisfaction  of  the 
said  Commissioner  that  such  certificate  was  fairly  obtained,  according 
to  the  true  intent  and  meaning  of  this  act,  then  in  that  case  patents 
shall  be  granted  in  like  manner  as  is  provided  bylaw  for  other  lands  of 
the  United  States.  (6) 

SEC.  6.  And  be  it  further  enacted,  That  the  said  recorder  of  land  titles,     Salary  of  the 
in  addition  to  his  salary  as  fixed  by  law,  shall  be  allowed  fifty  cents  on  J^nted  '   '  &Ug 
each  claim  which  had  been  filed,  and  in  support  of  which  evidence 
shall  have  been  received,  according  to  the  first  section  of  this  act,  and 
on  which  he  shall  make  a  decision,  whether  such  decision  be  in  favour 
of,  or  against  the  claim,  and  a  further  allowance  of  five  hundred  dol-     Fees  and  allow- 
lars,  which  shall  be  paid  after  he  shall  have  made  his  report  to  the  anceof  five  hun- 
Cominissioner  of  the  General  Land  Office,  which  allowance  of  fifty  cents  thrcompleti?on°of 
for  each  claim  decided  on,  and  five  hundred  dollars  on  the  completion  the  business. 
of  the  business,  shall  be  in  full  compensation  for  his  services,  including 
clerk  hire,  respecting  the  claims  to  be  decided  on  according  to  this  act. 

(a)  See  Nos.  189,  701,  972,  974,  977, 1020, 1024, 1143, 1149. 

(6)  See  Nos.  7-22,  723,  957,  967,  972,  974,  976,  980,  988,  998, 1002, 1007, 1020, 1024, 1041, 1063, 
1067,  1102, 1104, 1106, 1107, 1124, 1139,  1143. 


No.  974.— AN  ACT  giving  further  time  for  registering  claims  to  landa  in  the  late     August  2, 1813. 
district  of  Arkansaw,  in  the  Territory  of  Missouri,  and  for  other  purposes.  'Vol.  3,  p.  86. 

Be  it  enacted,  $-c.,  That  every  person  or  persons  claiming  lands  in  the  Further  time 
late  district  of  Arkansaw,  in  the  Territory  of  Missouri,  who  are  actual  allowed  for  filing 
settlers  on  the  land  which  they  claim,  and  whose  claims  have  not  been  111 

heretofore  filed  with  the  recorder  of  land  titles  for  the  Territory  of 
Missouri,  shall  be  allowed  until  the  first  day  of  January  next,  to  deliver 
notices  in  writing  and  the  written  evidence  of  their  claims  to  the  re- 
corder of  land  titles  in  the  Territory  aforesaid  ;  and  the  notices  and  evi-     Notices  to  be 
dences  so  delivered  within  the  time  limited  by  this  act,  shall  be  recorded  recorded, 
in  the  same  manner,  and  on  payment  of  the  same  fees,  as  if  the  same 
had  been  delivered  before  the  first  day  of  July,  one  thousand  eight     Claims    to  be 
hundred  and  eight;  but  the  right  of  such  persons  as  shall  neglect  so  barred  on  failure, 
doing,  within  the  time  limited  by  this  act,  shall,  so  far  as  they  are  de-  ^ofcmsteaa* 
rived  from  or  founded  on  any  act  of  Congress,  ever  after  be  barred  and 
become  void,  and  the  evidences  of  their  claims  never  after  admitted  as 
evidence  in  any  claim  of  the  United  States,  against  any  grant  derived 
from  the  United  States.  («) 

SEC.  2.  And  be  it  further  enacted,  That  the  recorder  of  land  titles  Recorder  of 
for  the  Territory  of  Missouri,  shall  have  the  same  powers  and  perform  land  titles  for  the 
the  same  duties  in  every  respect  in  relation  to  the  claims  that  may  be  Territory  of  Mis- 
filed  according  to  the  preceding  section,. as  the  board  of  commissioners  souri'  to  h  ave 
for  ascertaining  and  adjusting  claims  to  lands  in  the  District  of  Louis-  an^aV^sttend 
iana  would  have  had  or  should  have  performed,  if  such  notice  had  been  claims,  &c. 


414  MISSOURI. 

tiled  and  such  evidence  delivered  before  the  first  «lay  of  July,  one  thou- 
sand eight  hundred  and  eight,  except  that  his  decisions  shall  be  subject 
to  the  revision  of  Congress. 

Reorder  to  SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  duty  of  the  said 
make  reports  to  recorder  of  land  titles,  to  make  to  the  Commissioner  of  the  General 
Commissioner  of  Land  Office  a  report  of  all  claims  filed  with  said  recorder,  with  the 
Office606  substance  of  the  evidence  in  support  thereof;  and  also  his  opinion,  and 

such  remarks  respecting  the  claims  as  he  may  think  proper  to  make  ; 
which  report,  together  with  a  list  of  the  claims  which  in  the  opinion 
of  the  said  recorder  ought  to  be  confirmed,  shall  be  laid  by  the  Com- 
missioner of  the  General  Land  Office  before  Congress  for  their  determi- 
nation. (6) 

Fees  to  re-  SEC.  4.  And  be  it  further  enacted,  That  the  said  recorder  shall  be  al- 
<joider,  which  lo.ved  fifty  cents  for  each  claim  on  which  a  decision  shall  be  made, 
shall  be  in  full  Vsh ether  such  decision  shall  be  in  favour  or  against  the  claims,  which 

''    allowance  shall  be  in  full  for  his  services  under  this  act. 

Where    notice      SEC.  5.  And  be  it  further  enacted,  That  in  every  case  where  notice  of 

filed  under  lo"  t  bo  claim  shall  have  been  filed  under  former  laws,  and  in  which  no 

mer  laws,  claim-  testimony  shall  have  been  produced,  the  claimants  shall  be  allowed 

ants  to'  have  until  the* first  dav  of  July,  one  thousand  eight  hundred  and  fourteen, 

further  time.        to  produce  To  said  recorder  testimony  in  support  of  such  claims  ;  and 

the  said  recorder  shall  in  relation  to  such  claims  have  the  same  powers 

and  perform  the  said  duties  as  are  required  of  him  on  claims  tiled  under 

this  act. 

(a)  See  Xos.  722,  728, 957, 967,  972,  973,  976,  980,  986,  998,  1002,  1007,  1020,  1024,  1041, 

1063, 1067,  1102, 1104,  1106, 1107, 1124, 1139, 1143. 
(&)  See  Nos.  189,  701,  972,  973,  977, 1020, 1C24, 1143, 1149. 


Feb.  10, 1814.  No.  975.— AX  ACT  for  the  relief  of  Daniel  Boone. 

Be  it  enacted,  $-c..  That  Daniel  Boone  be,  and  he  is  hereby  confirmed  in 


Title  to  a  tract  his  title  to  one  thousand  arpens  of  laud,  claimed  by  him  by  virtue  of 
on~  a  concession  made  to  him  under  the  Spanish  Government,  bearing  date 
the  twenty-eighth  day  of  January,  1798,  and  it  shall  be  the  duty  of  the 
recorder  of  land  titles  for  the  Territory  of  Missouri,  to  issue  to  the  said 
Daniel  Boone,  or  to  his  heirs,  a  certificate  in  the  same  manner,  and  of  the 
same  description,  as  the  said  Daniel  Boone  would  hav^been  entitled  to 
receive,  if  his  claim  to  the  said  land  had  been  confirmed  by  the  commis- 
sioners appointed  for  the  purpose  of  ascertaining  the  rights  of  persons 
claiming  land  in  the  Territory  of  Louisiana,  or  by  the  recorder  of  land 
titles  for  the  said  Territory  of  Missouri. 


April  12, 1814.     No.  976.— AN  ACT  for  the  final  adjustment  of  land  titles  in  the  State  of  Louisiana 
VoL  3,  p.  121.  and  Territory  of  Missouri. 

[See  LOUISIANA,  No.  722.  J 


Feb.  17, 1815.       No.  977.— AX  ACT  for  the  relief  of  the  inhabitants  of  the  late  county  of  New 
Vol.  3,  p.  211.  Madrid,  in  the  Missouri  Territory,  who  suffered  by  earthquakes. 


Lands  granted      ^e   lt  c'nacte(^  $'c>>  That  any  person  or  persons  owning  lands  in  the 
to  persons    hav-  county  of  New  Madrid,  in  the  Missouri  Territory,  with  the  extent  the 
ing  lands  in  the  said  county  had  on  the  tenth  day  of  November,  one  thousand  eight  hun- 
x?uK  of,^ew<lretl  and  twelve,  and  whose  lands  have  been  materially  injured  by 
were1"  injured1  by  earthquakes,  shall  be,  and  they  hereby  are  authorized  to  locate  the  like 
earthquakes,   on  quantity  of  land  on  any  of  the  public  lands  of  the  said  Territory,  the 
Nov.  10,  1812.       sale  of  which  is  authorized  by  law :  Provided,  That  no  person  shall  be 
permitted  to  locate  a  greater  quantity  of  land  under  this  act,  than  the 
quantity  confirmed  to  him,  except  the  owners  of  lots  of  ground  or  tracts 
of  land  of  less  quantity  than  one  hundred   and  sixty  acres,  who  are 
hereby  authorized  to  locate  and  obtain  any  quantity  of  land  not  ex- 
ceeding one  hundred  and  sixty  acres,  nor  shall  any  person  be  entitled 
to  locate  more  than  six  hundred  and  forty  acres,  nor  shall  any  such 
location  include  any  lead  mine  or  salt  spring:  And  provided  also,  That 
in  every  case  where  such  location  shall  be  made  according  to  the  pro- 
visions of  this  act,  the  title  of  the  person  or  persons  to  the  land  injured 
as  aforesaid,  shall  revert  to,  and  become  absolutely  vested  in,  the  United 
States. 


MISSOURI. 


415 


SEC.  2.  And  be  further  enacted,  That  whenever  it  shall  appear  to  the  Manner  in 
recorder  of  land  titles  for  the  Territory  of  Missouri,  by  the  oath  or  affir- 
mation  of  a  competent  witness,  or  witnesses,  that  any  person  or  per- 
sons are  entitled  to  a  tract  or  tracts  of  land  under  the  provisions  of  this 
act,  ic  shall  be  the  duty  of  the  said  recorder  to  issue  a  certificate  thereof 
to  the  claimant  or  claimants  ;  'and  upon  such  certificate  being  issued, 
and  the  location  made  on  the  application  of  the  claimants,  by  the  prin- 
cipal deputy  surveyor  for  said  Territory,  or  under  his  direction,  whose 
duty  it  shal'l  be,  to  cause  a  survey  thereof  to  be  made,  and  to  return  a 
plat  of  each  location  made  to  the  said  recorder,  together  with  a  notice 
in  writing,  designating  the  tract  or  tracts  thus  located,  and  the  name 
of  the  claimant  on  whose  behalf  the  same  shall  be  made  ;  which  notice 
and  plat  the  said  recorder  shall  cause  to  be  recorded  in  his  office,  and 
shall  receive  from  the  claimant  for  his  services  on  each  claim,  the  sum 
of  two  dollars,  for  receiving  the  proof,  issuing  the  certificate,  and  re- 
cording the  notice  and  plat  as  aforesaid  ;  and  the  surveyor  shall  be  en- 
titled to  the  same  compensation  for  his  services  from  the  party  apply  ing, 
as  is  allowed  for  surveying  the  public  lands  of  the  United  States,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  re- 
corder  of  land  titles,  to  transmit  a  report  of  the  claims  allowed,  and 
locations  made  under  this  act,  to  the  Commissioner  of  the  General  Land  jan(j  office  by  the 
Office,  and  shall  deliver  to  the  party  a  certificate,  stating  the  circum-  recorder. 
stances  of  the  case,  and  that  he  is  entitled  to  a  patent  for  the  tract  there- 
in designated,  which  certificate  shall  be  filed  with  the  said  recorder 
within  twelvemonths  after  date,  and  the  recorder  shall  thereupon  issue 
.a  certificate  in  favour  of  the  party,  which  certificate  being  transmitted 
to  the  Commissioner  of  the  General  Land  Office,  shall  entitle  the  party 
to  a  patent,  to  be  issued  in  like  manner  as  is  provided  bylaw  for  other          » 
public  lauds  of  the  United  States.  (6) 

(a)  See  Nos.  985,  992,  1004,  1017,  1117. 

(6)  See  ]ST08.  189,  701,  972,  973,  974,  1020,  1024,  1143,  1149. 


A  report  of  his 
^     the 


No.  978.—  AN  ACT  for  the  benefit  of  John  P.  Maxwell,  and  Hugh  H.  Maxwell. 

Be  it  enacted,  fc.,  That  all  the  right,  title,  and  interest  of  the  United 
States,  of,  in,  and  to,  any  real  estate,  whereof  a  certain  James  Maxwell 
died  seized,  on  the  twenty-eighth  day  of  May,  one  thousand  eight  hun- 
dred  and  fourteen,  be,  and  the  same  is  hereby  released  unto  John  P. 


April  27,  1816. 
Yo1-  6>  P-  16d- 


Right  of  the 
^ted  States  re- 

,      ,  ,  .       hn11  P.*  and 

Maxwell,  of  the  Missouri  Territory,  and  Hugh  H.  Maxwell,  of  the  Ter-  Hugh   H.    Max- 
ritory  of  Illinois,  nephews  of  the  said  James  Maxwell,  and  the  same  is  well. 
hereby  vested  in  the  said  John  P.  Maxwell,  and  Hugh  H.  Maxwell  and 
their  heirs  forever,  as  fully  as  if  they  had  been  citizens  of  the  United 
States  on  the  said  fourteenth  day  of  May,  one  thousand  eight  hundred 
and  fourteen  ;  saving  and  reserving  to  all  persons,  other  than  the  United 
States,  any  right,  title,  or  interest,  of,  in,  and  to,  the  premises  aforesaid, 
whereof  the  said  James  Maxwell  died  seized,  as  fully  and  amply  as  if 
this  law  had  never  been  passed. 


No.  979 — AN  ACT  to  provide  for  the  appointment  of  a  surveyor  of  the  public     April  29,  1816. 
lands  in  the  Territories  of  Illinois  and  Missouri.  Vol.  3,  p.  32o. 


[See  ILLINOIS,  No.  340.] 


No.  9SO.— AN  ACT  for  the  confirmation  of  certain  claims  to  land  in  the  western     April  29, 1816. 
district  of  the  State  of  Louisiana  and  in  the  Territory  of  Missouri.  VoL  3,  p.  328. 

[See  LOUISIANA,  No.  728.] 


No.  981. — AN  ACT  concerning  pre-emption  rights  given  in  the  purchase  of  lands  to     April  29, 1816. 
certain  settlers  in  the  State  of  Louisiana,  and  in  the  Territory  of  Missouri  and     Vol.  3,  p.  330. 
Illinois. 

[See  LOUISIANA,  No.  729.] 


416  MISSOURI. 

April  29, 1816.     No.  982.— AN  ACT  to  authorize  the  survey  of  two  millions  of  acres  of  the  publie 
Vol.  3,  p.  33-2.          lands,  in  lieu  of  that  quantity  heretofore  authorized  to  be  surveyed,  in  the  Terri- 
tory  of  Michigan,  as  military  bounty  lauds. 

[Five  hundred  thousand  acres  of  land  in  Missouri   to  be  surveyed 
and  set  apart  as  military  bounty  lands.    See  ILLINOIS,  No.  342.] 


Feb.  17, 1818.     No.  983— AN  ACT  makingprovision  for  the  establishment  of  additional  land  offices 
Vol.  3,  p.  406.  in  the  Territory  of  Missouri. 


A  land  office  at     Beit  enacted,  #c.,  That,  for  the  disposal  of  the  lands  of  the  United 
the  seat  of  jus-  States  west  of  the  Mississippi  River,  and  in  the  Territory  of  Missouri, 
tice  in  the  county  in  addition  to  the  land  office  now  established  by  law,  there  shall  be 
Soward.  established  within  the  said  Territory  the  following  offices,  to  wit :  one 

at  the  seat  of  justice  in  the  county  of  Howard  for  all  the  lands  lying 
within  the  following  boundaries  ;  beginning  at  a  point  where  the  west- 
ern line  of  range  ten,  west  from  the  fifth  principal  meridian,  intersects 
the  north  line  of  township  thirty-four;  thence,  west  with  said  town- 
ship line,  to  where  the  same  intersects  the  Osage  boundary  line ;  thence, 
north  with  the  Osage  boundary  line,  to  the  Missouri  River ;  thence,  up 
and  with  the  Missouri  Elver,  to  the  western  Indian  boundary  line  at 
the  mouth  of  Kansas  River ;  thence,  north  with  the  said  western  Indian 
boundary  line,  to  where  the  same  shall  intersect  the  northern  Indian 
boundary  line ;  thence,  east  with  the  said  northern  Indian  boundary,  to 
where  the  same  shall  intersect  the  aforesaid  west  line  of  range  ten  ; 
thence,  south  with  the  said  range  line,  to  the  place  of  beginning.  And 
A  land  officein  a  land  office  shall  be  establ  ished  in  the  county  of  Arkansas,  at  such  place 
the  county  of  AT- as  the  President  shall  deem  most  convenient,  for  all  the  lands  in  the 
kansas.  district  bounded  as  follows:  beginning  on  the  river  Mississippi,  at  the 

thirty-third  degree  of  north  latitude;  thence,  up  and  with  the  Missis- 
sippi River,  to  the  mouth  of  St.  Francis  River,  where  the  base  line  inter- 
sects the  same ;  thence,  west  with  the  said  base  line  to  where  the  same 
shall  intersect  the  meridian  on  which  the  Osage  boundary  line  is  run ; 
thence,  due  south,  to  the  thirty-third  parallel  of  latitude  ;  thence,  east 
Aland  office  at  with  the  said  parallel,  to  the  place  of  beginning.     And  a  laud  office  shall 
the  seat  of  jus-  be  established  at  the  seat  of  justice  in  the  county  of  Lawrence,  for  all 
ofTawtrenceUlty  the  lan(ls  in  the  district  bounded   as  follows:  beginning  on  the  base 
line,  at  the  mouth  of  the  St.  Francis ;  thence,  up  and  with  the  Missis- 
sippi River,  to  the  intersection  of  the  same  by  the  north  Lne  of  town- 
ship fifteen  north ;  thence,  west  with  the  said  north  line  of  township 
fifteen,  to  where  the  same  shall  intersect  the  Osage  boundary  line; 
thence,  due  south  to  the  aforesaid  base  line  ;  thence,  east  with  the  said 
Aland  office  at  base  line,  to  the  place  of  beginning.    And  a  land  office  shall  be  estab- 
the  town  of  Jack- lished  at  the  town  of  jact8on,  in  the  county  of  Cape  Girardeau,  for  all 
the  lands  in  the  district  bounded  as  follows:  beginning  on  the  Missis- 
sippi River,  where  the  north  line  of  township  fifteen  north  intersects 
the  same;  thence,  up  and  with  the  Mississippi,  to  its  intersection  by 
the  north  line  of  township  thirty-four  north ;  thence,  west  with  the  said 
north  line  of  township  thirty-four,  to  the  Osage  boundary  line  ;  thence, 
south  with  the  said  boundary,  to  the  north  line  of  township  fifteen ; 
District  of  the  thence,  east  with  the  said  township  line,  to  the  place  of  beginning.    And 
land  office  at  St.  an  the  lauds  within  the  following  boundaries  shall  form  a  district  for 
the  land  office  established  by  law  at  St.  Louis,  i»  the  county  of  St.  Louis, 
viz  :  beginning  on  the  Mississippi  River,  where  the  north  line  of  town- 
ship thirty-four  north  intersects  the  same  ;  thence,  up  and  with  the  Mis- 
sissippi River  to  the  mouth  of  Desmoin  River;  thence, up  and  with  the 
Desmoin  to  the  north  Indian  boundary  line ;  thence,  west  with  the  said 
boundary,  to  the  west  line  of  range  ten  west ;  thence,  south  with  said 
range  line,  to  the  north  line  of  township  thirty-four  north ;  thence, 
east  with  the  said  township  line,  to  the  place  of  beginning,  (a) 

Time  of  open-     SEC.  2.  And  be  it  further  enacted,  That  so  soon  as,  in  the  opinion  of  the 

ing  the  land  offi-  President  of  the  United  States,  there  shall  be  a  sufficient  quantity  of 

ces,  &c.  tjje  pubijc  lauds  surveyed,  within  all  or  either  of  the  land  districts  hereby 

established,  to  authorize  the  opening  of  all,  or  either  of  the  land  offices 

aforesaid,  he  shall  cause  the  same  to  be  opem  d,  and  shall  proceed,  from 

time  to  time,  to  appoint,  with  the  advice  and  consent  of  the  Senate,  for 

each  of  the  said  offices,  a  register  and  a  receiver  of  public  moneys,  \vbo 

shall  give  security  in  the  same  sums,  and  in  the  same  manner,  and 

whose  compensation,  emoluments,  and  duties,  and  authority  shall,  in 


MISSOURI  411 

every  respect,  bo  the  same,  in  relation  to  the  lands  which  shall  be  dis-     Register  and 
posed  of  at  their  offices,  as  are,  or  may  be,  provided  by  law,  in  relation  J3JJJto  boap" 
to  the  registers  and  receivers  of  public  moneys  in  the  several  land  offices 
established  for  the  disposal  of  the  lands  of  the  United  States  northwest 
of  the  river  Ohio  and  above  the  mouth  of  the  Kentucky  River. 

SEC.  3.  And  ~be  it  further  enacted,  That  whenever  a  land  office  shall     Whenever  a 
have  been  established  in  any  of  the  districts  aforesaid,  and  a  register  laud  office  shall 
and  receiver  of  public  moneys  appointed  for  the  same,  the  President  of  uJhla  *Tc °  th e 
the  United  States  shall  be,  and  he  is  hereby,  authorized  to  direct  sopresident  to  di- 
much  of  the  public  lands  lying  in  such  district  as  shall  have  been  sur-  rect  lands  to  be 
veyed  according  to  law  to  be  offered  for  sale,  with  the  same  reservations  offere(l  for  sale, 
and  exceptions,  and  on  the  same  terms  and  conditions  in  every  respect,    ( 
as  was  provided  for  the  sale  of  the  public  lands  in  the  Territory  of  Lou- 
isiana, by  the  tenth  section  of  an  act  entitled  "An  act  providing  for  the 
final  adjustment  of  claims  to  lands,  and  for  the  sale  of  the  public  lands, 
in  the  Territories  of  Orleans  and  Louisiana,  and  to  repeal  the  act  passed 
for  the  same  purpose,  and  approved  February  sixteenth,  one  thousand 
eight  hundred  and  eleven,"  except  that  the  register  and  receiver  of  pub- 
lic moneys  alone  may  be  competent  to  superintend  the  public  sales,  (&) 
and  that,  instead  of  one  township  for  the  support  of  a  seminary  of  learn-     Two  townships 
ing,  there  shall  be  two  townships  located  for  the  purpose  by  the  Secre-  for  the  support  of 
tary  of  the  Treasury,  and  reserved  from  sale:  Provided,  That  one  of  fe|rnhifflianro- 
said  townships  shall  be  located  on  the  waters  of  the  Missouri  and  the  vided,  &c. 
other  on  the  waters  of  the  Arkansas,  (c) 

(a)  See  Nos.  994,  997,  1001,  1019,  1028,  1064,  1076, 1079,  1095. 

(&)  SeeNos.  729,  981,  997,  1007, 1009,  1010,  1020,  1028,  10a3,  1086,  1096,  1110,  1115,  1120, 

1121, 1135. 
(c)  See  Nos.  989,  1003,  1018. 


No.  984.— AN  ACT  allowing  additional  salary  and  clerk  hire  to  the  surveyor  for     April  3,  1818. 
the  Illinois  and  Missouri  Territories,  and  for  other  purposes.  Vol.  3,  p.  412. 

[Fixing  compensation  of  surveyors-general  for  Illinois  and  Missouri. 
See  ILLINOIS,  No.  344.] 


No.  985.— AN  ACT  limiting  the  time  for  claims  being  produced  for  lands  au-     April  9,  1818. 
thorized  to  be  granted  to  the  inhabitants  of  New  Madrid.  Vol.  3,  p.  417. 


lie  it  enacted,  <fc.,  That  every  person  claiming  lands  in  virtue  of  the  Persons  claim- 
act  entitled  "An  act  for  the  relief  of  the  inhabitants  of  the  late  county  iug  lands  in  vir- 
of  New  Madrid,  in  the  Missouri  Territory,  who  suffered  by  earth- tu^  of. l  h  e  da  ct 
quakes,"  passed  on  the  seventeenth  day  of  February,  one  thousand  make  appiica. 
eight  hundred  and  fifteen,  shall  make  application  therefor,  and  pro-  tion,&c.,onorbe- 
duce  evidence,  in  support  of  his  claim,  to  the  recorder  of  land  titlesf°re  Jan. 1, 1819. 
for  the  said  Territory,  on  or  before  the  first  day  of  January  next :  and  Recorder  not  to 
the  said  recorder  shall  not  issue  a  certificate  for  any  claim  as  aforesaid,  issue  certificate, 
the  evidence  in  support  of  which  shall  not  have  been  produced  to  him in  wnat  case- 
within  the  time  limited  as  aforesaid,  (a) 

(a)  See  Nos.  977, 992,  1004, 1017, 1117. 


No.  986.— AN  ACT  for  the  relief  of  James  Mackay,  of  the  Missouri  Territory.         April  20,  1818. 

Be  it  enacted,  #c.,  That  James  Mackay,  of  the  Missouri  Territory,  br,     VoL  6'  p'  213' 
and  he  is  hereby,  authorized  to  file,  with  the  recorder  of  land  titles  at    Authorized  t  o 
St.  Louis,  in  said  Territory,  a  warrant  of  survey  or  concession  from  the  file  ^ith  the  £e- 
Spanish  Government  of  Louisiana,  bearing  date  the  first  day  of  Feb- !%*£ %  s 
ruary,  one  thousand  seven  hundred  and  ninety-eight,  for  the  quantity  warrant  o 
of  eighteen  hundred  arpents  of  land,  granted  to  James  M'Daniel ;  and  vey,  &c. 
it  shall  be  the  duty  of  the  said  recorder  of  land  titles  to  examine  the 
evidence  which  may  be  produced  to  him,  in  relation  to  the  concession 
and  claim  to  land  aforesaid,  and  shall  report  the  substance  of  the  evi- 
dence, with  his  opinion  thereon,  to  the  Commissioner  of  the  General 
Land  Office,  which  shall  be  laid  before  Congress,  at  their  next  session, 
for  their  decision  thereon. 

27  L  O — VOL  II 


418  MISSOURI. 

March  2,  1819.    No.  987.— AN  ACT  establishing  a  separate  Territorial  government  in  the  southern 
Vol.  3,  p.  493.  part  of  the  Territory  of  Missouri. 

[Part,  of  Missouri  Territory  to  form  a  separate  Territory,  to  be  called 
Arkansaw.  See  ARKANSAS,  No.  1156.] 

March  3,  1819.    No.  988.— AN  ACT  explanatory  of  the  act  entitled  "An  act  for  the  final  adjust- 
Vol.  3,  p.  517.  ment  of  land  titles  in  the  State  of  Louisiana  and  Territory  of  Missouri." 

The  provisions     Be  it  enacted,  #c.,  That  the  provisions  of  the  fifth  section  of  the  act 
of  the  5th  section  of  Congress,  entitled  "An  act  for  the  final  adjustment  of  land  titles  in 
12th  April  lew  the  Stdte  of  Louisiana  and  Territory  of  Missouri,"  passed  the  twelfth 
to  be  construed  day  of  April,  one  thousand  eight  hundred  and  fourteen,  shall  be  so  con- 
to  extend  to  citi-  strued  as  to  extend  to  the  citizens  of  the  county  of  Howard,  in  the  Mis- 
zens  of  Howard  8puri  Territory,  as  established  by  the  act  of  the  legislature  of  the  Ter- 
ritory, passed  the  twenty -third  day  of  January,  one  thousand  eight 
hundred  and  sixteen,  any  construction  to  the  contrary  notwithstand- 
ing, (a) 

The  right  of     SEC.  2.  And  be  it  further  enacted,  That  the  right  of  pre-emption  given 

pre-emption.        by  the  aforesaid  provisions,  as  explained  and  extended  by  this  act, 

shall  not  be  so  construed  as  to  affect  any  right  derived  from  the  United 

States,  by  purchase,  at  public  or  private  sale,  of  the  lands  claimed 

under  the  aforesaid  act. 

Persons    who      gECt  3.  ^nd  ie  it  furtJier  enacted,  That  any  person  or  persons  who 
theri^ht  of  pre- nave  settled  on  and  improved,  any  of  the  lands  in  the  said  Territory, 
emption  had  not  reserved  for  the  use  of  schools,  before  the  survey  of  such  lands  were 
the   lands    been  actually  made,  and  who  would  have  had  the  right  of  pre-emption  there- 
resurveyed   f  o  r  ^o  by  the  existing  laws  had  not  the  same  been  so  reserved,  shall  have 
tne°rignt  of  pr2 tne  right  °f  pre-emption  thereto,  under  the  same  terms  and  conditions, 
emption,  &c.        and  subject  to  the  same  restrictions  provided  for  other  cases  of  a  right 
of  pre-emption  in  said  Territory  and  the  register  of  the  land  office,  and 
receiver  of  public  moneys  for  the  district,  shall  have  power  to  select  any 
other  vacant  and  unappropriated  lands,  in  the  same  township,  and  as 
near  adjacent  as  lands  of  equal  quantity  and  like  quality  can  be  ob- 
tained, in  lieu  of  the  section,  or  parts  of  a  section,  which  shall  have 
been  entered  in  right  of  pre-emption,  according  to  the  provision  of  this 
section.  (6) 

(a)  See  Nos.  722,  728,  957,  967,  976, 980,  998,  1002, 1007, 1020, 1024, 1041, 1063, 1067, 1102, 

1104, 1106, 1107, 1124, 1139, 1143. 

(b)  See  Nos.  972, 989, 995, 1013, 1016, 1093, 1114, 1142, 1145. 


March  6,  1820.  No.  989.— AN  ACT  to  authorize  the  people  of  the  Missouri  Territory  to  form  a 
VoL  3,  p.  545.         constitution  and  State  government,  and  for  the  admission  of  such  State  into  the 
Union  on  an  equal  footing  with  the  original  States,  and  to  prohibit  slavery  in  cer- 
tain Territories. 

The  inhabi-  Be  it  enacted,  $c.,  That  the  inhabitants  of  that  portion  of  the  Mis- 
its  of  Missouri  gouri  Territory  included  within  the  boundaries  hereinafter  designated, 
?orin°  a  \jonstitu^  ^e,  an<^  tnev  aro  hereby,  authorized  to  form  for  themselves  a  constitu- 
tion and  State  tioii  and  State  government,  and  to  assume  such  name  as  they  shall  deem 
government,  to  proper ;  and  the  said  State,  when  formed,  shall  be  admitted  into  the 
Fh  T&S?11  int°  Union,  upon  an  equal  footing  with  the  original  States,  in  all  respects 

whatsoever.  • 

Boundaries.  SEC.  2.  And  be  it  further  enacted,  That  the  said  State  shall  consist  of 
all  the  territory  included  within  the  following  boundaries,  to  wit :  Be- 
ginning in  the  middle  of  the  Mississippi  River,  on  the  parallel  of  thirty- 
six  degrees  of  north  latitude  ;  thence  west,  along  that  parallel  of  lati- 
tude, to  the  St.  Francois  River  ;  thence  up,  and  following  the  course  of 
that  river,  in  the  middle  of  the  main  channel  thereof,  to  the  parallel  of 
latitude  of  thirty-six  degrees  and  thirty  minutes ;  thence  west,  along 
the  same,  to  a  point  where  the  said  parallel  is  intersected  by  a  meridian 
line  passing  through  the  middle  of  the  mouth  of  the  Kansas  River, 
where  the  same  empties  into  the  Missouri  River,  thence,  from  the  point 
aforesaid  north,  along  the  said  meridian  line,  to  the  intersection  of  the 
parallel  of  latitude  which  passes  through  the  rapids  of  the  river  Des 
Moines,  making  the  said  line  to  correspond  with  the  Indian  boundary 
line  ;  thence  east,  from  the  point  of  intersection  last  aforesaid,  along 
the  said  parallel  of  latitude,  to  the  middle  of  the  channel  of  the  main 
fork  of  the  said  river  Des  Moines  ;  thence  down  and  along  the  middle 
of  the  main  channel  of  the  said  river  Des  Moines,  to  the  mouth  of  the 
same,  where  it  empties  into  the  Mississippi  River ;  thence,  due  east,  to 


MISSOURI.  4  I  9 

-the  middle  of  the  main  channel  of  the  Mississippi  River  ;  thence  down, 
and  following  the  course  of  the  Mississippi  River,  in  the  middle  of  the 
main  channel  thereof,  to  the  place  of  beginning  :  Provided,  The  said  o^f0^80:..  t,^e 
-State  shall  ratify  the  boundaries  aforesaid  ;  And  provided  also,  That  the  boundaries    and 
said  State  shall  have  concurrent  jurisdiction  on  the  river  Mississippi,  have  concurrent 
and  every  other  river  bordering  on  the  said  State,  so  far  as  the  said  jurisdict i  o n  of 
rivers  shall  form  a  common  boundary  to  the  said  State  ;  and  any  other  rivers- 
State  or  States,  now  or  hereafter  to  be  formed  and  bounded  by  the 
same,  such  rivers  to  be  common  to  both  ;  and  that  the  river  Mississippi,     Rivers,  &c.,  to 
and  the  navigable  rivers  and  waters  leading  into  the  same,  shall  be  J^Tan'dfr       " 
common  highways,  and  for  ever  free,  as  well  to  the  inhabitants  of  the  »    y 
said  State  as  to  other  citizens  of  the  United  States,  without  any  tax, 

duty,  impost,  or  toll,  therefor,  imposed  by  the  said  State,  (a) 

#  *  #  *  it  *  •* 

SEC.  4.  And  be  it  further  enacted,  *          *  That  the  legislature  of  said     Conditions. 
State  shall  never  interfere  with  the  primary  disposal  of  the  soil  by  the 
United  States,  nor  with  any  regulations  Congress  may  find  necessary  for 
securing  the  title  in  such  soil  to  the  boua-fide  purchasers;  and  that  no 
tax  shall  be  imposed  on  lands  the  property  of  the  United  States ;  and  in 

no  case  shall  non-resident  proprietors  be  taxed  higher  than  residents.  (6) 

*  *  *•  *  *  *  ^ 

SEC.  6.  And  be  it  further  enacted,  That  the  following  propositions  be,     Propositions 
and  the  same  are  hereby,  offered  to  the  convention  of  the  said  Terri-  offered  to  the  con- 
tory  of  Missouri,  when  formed,  for  their  free  acceptance  or  rejection,  ceptance    or  re- 
which,  if  accepted  by  the  convention,  shall  be   obligatory  upon  thejection. 
United  States : 

First.  That  section  numbered   sixteen  in  every  township,  and  when     Section  No.  16 
such  section  has  been  sold,  or  otherwise  disposed  of,  other  lands  equiva-  for  schools, 
lent  thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to  the 
State  for  the  use  of  the  inhabitants  of  such  township,  for  the  use  of 
schools,  (c) 

Second.  That  all  salt  springs,  not  exceeding  twelve  in  number,  with     Salt    springs 
six  sections  of  land  adjoining  to  each,  shall  be  granted  to  the  said  State  and  lauds  adja- 
for  the  use  of  said  State,  the  same  to  be  selected  by  the  legislature  of  of^he  State 6  "Se 
the  said  State,  on  or  before  the  first  day  of  January,  in  the  year  one 
thousand  eight  hundred  and  twenty-five;  and  the  same,  when  so  se- 
lected, to  be  used  under  such  terms,  conditions,  and  regulations,  as  the 
legislature  of  said  State  shall  direct :  Provided,  That  no  salt  spring,  the     Proviso-,  salt 
right  whereof  now  is,  or  hereafter  shall  be,  confirmed  or  adjudged  to  springs  confirm, 
any  individual  or  individuals,  shall,  by  this  section,  be  granted  to  the  &ctol 
•said  State :  And  provided  also,  That  the  legislature  shall  never  sell  or 
lease  the  same,  at  any  one  time,  for  a  longer  period  than  ten  years,  with- 
out the  consent  of  Congress,  (d) 

Third.  That  five  per  cent,  of  the  net  profits  of  the  sale  of  lands  lying  Five  per  centum 
within  the  said  Territory  or  State,  and  which  shall  be  sold  by  Congress,  ne,fc  Proceeds  of 
from  and  after  the  first  day  of  January  next,  after  deducting  all  ex-  public  roads  and 
penses  incident  to  the  same,  shall  be  reserved  for  making  public  roads  canals, 
and  canals,  of  which  three-fifths  shall  be  applied  to  those  objects  within 
the  State,  under  the  direction  of  the  legislature  thereof ;  and  the  other 
two  fifths  in  defraying,  under  the  direction  of  Congress,  the  expenses 
to  be  incurred  in  making  of  a  road  or  roads,  canal  or  canals,  leading  to 
the  said  State,  (e) 

Fourth.  That  four  entire  sections  of  land  be,  and  the  same  are  hereby,    Four  sections  of 
granted  to  the  said  State,  for  the  purpose  of  fixing  their  seat  of  go v- land  for  a  seat  of 
eminent  thereon ;  which  said  sections  shall,  under  the  direction  of  the  g 
legislature  of  said  State,  be  located,  as  near  as  may  be,  in  one  body,  at 
any  time,  in  such  townships  and  ranges  as  the  legislature  aforesaid  may 
select,  on  any  of  the  public  lands  of  the  United  States :  Provided,  That     Proviso :    loca- 
such  locations  shall  be  made  prior  to  the  public  sale  of  the  lands  of  the  J10 n  mrtvunlSaZ 
United  States  surrounding  such  location.  lands. 

Fifth.  That  thirty-six  sections,  or  one  entire  township,  which  shall  be     Thirty-six  sec- 
designated  by  the  President  of  the  United  States,  together  with  the  tions  °* land  foj 
other  lands  heretofore  reserved  for  that  purpose,  shall  be  reserved  for  learning! 
the  use  of  a  seminary  of  learning,  and  vested  in  the  legislature  of  said 
State,  to  be  appropriated  solely  to  the  use  of  such  seminary  by  the  said 
legislature;  (/)  Provided,  That  the  five  foregoing  propositions  herein     Proviso, 
offered,  are  on  the  condition  that  the  convention  of  the  said  State  shall 
provide,  by  an  ordinance,  irrevocable  without  the  consent  of  the  United 
States,  that  every  and  each  tract  of  land  sold  by  the  United  States, 
from  and  after  the  first  day  of  January  next,  shall  remain  exempt  from 


420  MISSOURI. 

any  tax  laid  by  order  or  under  the  authority  of  the  State,  whether  for 
State,  county,  or  township,  or  any  other  purpose  whatever,  for  the  term 
Bounty  1  a  n  d  s  of  five  years  from  and  after  the  day   of   sale;  And  further,  That  the 
to   be    exempt  bounty  lands  granted,  or  hereafter  to  be  granted,  for  military  services 
five*  vaea?si0fnrom  durin£  the  late  war>  shall>  while  they  continue  to  be  held   by  the  pat- 
date  of  patent,      entees,  or  their  heirs,  remain  exempt  as  aforesaid  from  taxation  for 
the  term  of  three  years  from  and  after  the  date  of  the  patents  res- 
pectively. (&) 

•  »»»•*• 

(a)  See  Nos.  971,  990,  991, 1034, 1043, 1045, 1068, 1071, 1076. 
,  (b)  See  Nos.  791, 1084. 
'  (c)  See  Nos.  972, 988, 995, 1013, 1016, 1093, 1114,  1142, 1145. 

(d)  See  Xos.  995, 1009, 1018. 

(e)  ^ee  Nos.  993, 1015, 1103. 
(/)  See  Nos.  983, 1003, 1018. 

March  2,  1821.    No.  990.— RESOLUTION  providing  for  the  admission   of  the  State  of  Missouri 
Vol.  3,  p.  645.  into  the  Union,  on  a  certain  condition. 

Missouri  ad-     Resolved,  #c.,  That  Missouri  shall  be  admitted  into  this  Union  on  an. 
mitted  into   the  equal  footing  with  the  original  States,  in  all  respects  whatever,  upon 
Union  on  a  cer- the  fundamental  condition,  that  the  fourth  clause  of  the  twenty-sixth 
tain     condition,  eection  of  the  third  article  of  the  constitution  submitted  on  the  part 
of  said   State  to  Congress,  shall  never  be  construed  to  authorize  the 
passage  of  any  law,  and  that  no  law  shall  be  passed  in  conformity 
Thereto,  by  which  any  citizen,  of  either  of  the  States  in  this  Uuiou, 
shall  be  exclude.!  from  the  enjoyment  of  any  of  the  privileges  and  im- 
munities to  which  such  citizen  is  entitled  under  the  Constitution  of  the 
Proviso:  the  United  States :  Provided,  That  the  legislature  of  the  said  State,  by  a 
legislature  of  the  solemn  public  act,  shall  declare  the  assent  of  the  said  State  to  the  said 
^td?clare  fundamental  condition,  and  shall  transmit  to  the   President  of  the 
United  States,  on  or  before  the  fourth  Monday  in  November  next,  an. 
authentic  copy  of  the  said  act ;  upon  the  receipt  whereof,  the  Presi- 
dent, by  proclamation,  shall  announce  the  fact;  whereupon,  and  with- 
out any  further  proceeding  on  the  part  of  Congress,  the  admission  of 
the  said  State  into  this  Union  shall  be  considered  as  complete,  (a) 
(a)  See  Nos.  971,  989,  991,  1034,  1043,  1045,  ,1068,  1071,  1076. 


Aug.  10, 18-21.      No.  991.— A  PROCLAMATION  by  the  President  of  the  United  States  respecting 
*Vol.  3,  p.  797.  the  admission  of  the  State  of  Missouri  into  the  Union. 

~~^ — T  ,  Whereas  the  Congress  of  the  United  States,  by  a  joint  resolution  of 
admittiug  Mis-  the  second  day  of  March  last,  entitled  "Resolution  providing  for  the 
souri  into  the  admission  of  the  State  of  Missouri  into  the  Union  on  a  certain  condi- 
Union  tion,"  did  determine  and  declare — "  that  Missouri  should  be  admitted 

into  this  Union  on  an  equal  footing  with  the  original  States,  in  all  re- 
spects whatever,  upon  the  fundamental  condition  that  the  fourth  clause 
of  the  twenty-sixth  section  of  the  third  article  of  the  Constitution,  sub- 
mitted on  the  part  of  said  State  to  Congress,  shall  never  be  construed  to 
authorize  the  passage  of  any  law,  and  that  no  law  shall  be  passed  in 
conformity  thereto,  by  which  any  citizen  of  either  of  the  States  of  this 
Union  shall  be  excluded  from  the  enjoyment  of  any  of  the  privileges 
and  immunities  to  which  such  citizen  is  entitled  under  the  Constitution 
of  the  United  States :  Provided,  That  the  legislature  of  the  said  State, 
by  a  solemn  public  act,  shall  declare  the  assent  of  the  said  State  to  the 
said  fundamental  condition,  and  shall  transmit  to  the  President  of  the 
United  States,  on  or  before  the  first  Monday  in  November  next,  an  au- 
thentic copy  of  said  act ;  upon  the  receipt  whereof,  the  President,  by 
proclamation,  shall  announce  the  fact :  whereupon,  and  without  any 
further  proceeding  on  the  part  of  Congress,  the  admission  of  the  said 
State  into  this  Union  shall  be  considered  as  complete:"  And  whereas, 
by  a  solemn  public  act  of  the  assembly  of  the  said  State  of  Missouri, 
passed  on  the  twenty-sixth  of  June,  in  the  present  year,  entitled  "A 
solemn  public  act  declaring  the  assent  of  this  State  to  the  fundamental 
condition  contained  in  a  resolution  passed  by  the  Congress  of  the  United 
States,  providing  for  the  admission  of  the  State  of  Missouri  into  the 
Union  on  a  certain  condition,"  an  authentic  copy  whereof  has  been 
The  State  of  communicated  to  me,  it  is  solemnly  and  publicly  enacted  and  declared, 
Missouri  has  as-  that  that  State  has  assented,  and  does  assent,  that  the  fourth  clause 
sentedtothecon-of  fne  twenty-sixth  section  of  the  third  article  of  the  constitution 
by  Congress  of  said  State  "  shall  never  be  construed  to  authorize  the  passage  of 
*  Little  &  Brown's  edition  of  1853.  Also  in  edition  of  1846,  Appendix  II. 


MISSOURI.  421 

any  law,  and  that  no  law  shall  be  passed  in  conformity  thereto,  by 

which  any  citizen  of  either  of  the  United  States  shall  be  excluded 

from  the  eujoyinent  of  any  of  the  privileges  and  immunities  to  which. 

such  citizens  are  entitled  under  the  Constitution  of  the  United  States : " 

Now,  therefore,  I,  James  Monroe,  President  of  the  United  States,  in     The  President 

pursuance  of  the  resolution  of  Congress  aforesaid,  have  issued  this  my  announces    the 

proclamation,  announcing  the  fact,  that  the  said  State  of  Missouri  has  *act- 

assented  to  the  fundamental  condition  required  by  the  resolution  of 

Congress  aforesaid  ;  whereupon  the  admission  of  the  said  State  of  Mis-    Admission   of 

souri  into  the  Union  is  declared  to  be  complete,  (a)  Missouri  declar- 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same  with  my 
hund.  Done  at  the  city  of  Washington,  the  tenth  day  of  August,  1821; 
and  of  the  Independence  of  the  said  United  States  of  America  the 
f  01  ty-sixth. 

JAMES  MONROE. 

By  the  President. 

JOHN  QU1NCY  ADAMS, 
Secretary  of  State. 

(a)  See  Nos.  971, 989, 990, 1034, 1043, 1045, 1068, 1071, 1076. 


Hfo.  992.— AN  ACT  to  perfect  certain  locations  and  sales  of  public  lands  in  Mis-     April  26,1822. 

souri.  Vol.  3,  p.  668. 


Be  it  enacted,  <pc.,  That  the  locations  heretofore  made  of  warrants  issued  Locations  of 
under  the  act  of  the  fifteenth  [seventeenth]  of  February,  one  thousand  warrants  made 
eight  hundred  and  fifteen,  entitled  "An  act  for  the  relief  of  the  inhabi-  SPj61,?16,^  ?| 
tants  of  the  late  county  of  New  Madrid,  in  the  Missouri  Territory,  who  made  in  pursu- 
suffered  by  earthquakes,"  if  made  in  pursuance  of  the  provisions  of  that  ance  of  that  act 
act,  in  other  respects,  shall  be  perfected  into  grants,  in  like  manner  as  in  other  respects, 
if  they  had  conformed  to  the  sectional  or  quarter-sectional  lines  of  the  ?flall  be  perfected 
public  surveys ;  and  the  sales  of  fractions  of  the  public  lands,  heretofore  The^sale's  of 
created  by  such  locations,  shall  be  as  valid  and  binding  on  the  United  fractions  from 
States  as  if  such  fractions  had  been  made  by  rivers,  or  other  natural  such  locations, 
obstructions.  valid' &c- 

SEC.  2.  And  be  it  further  enacted,  That  hereafter  the  holders  and  locators  Hereafter  bold- 
of  such  warrants  shall  be  bound,  in  locating  them,  to  conform  to  the  ers' &c-  of  8ncn 
sectional  or  quarter-sectional  lines  of  the  public  surveys,  as  nearly  as  JSJS\ef  *5 
the  respective  quantities  of  the  warrants  will  admit ;  and  all  such  war-  such  warrants  to 
rants  shall  be  located  within  one  year  after  the  passage  of  this  act;  in  be  located  within 
default  whereof  the  same  shall  be  null  and  void,  (a)  a  .S®*^  or  they 

(a)  See  STos.  977, 985, 1004, 1017, 1117. 

No.  993.— AN  ACT  to  provide  for  paying  to  the  State  of  Missouri,  Mississippi,  and     May  3, 1822. 
Alabama,  three  per  cent,  of  the  net  proceeds,  arising  from  the  sale  of  the  public     Vol.  3,  p.  674. 
lands  within  the  same.  — 


Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  shall,  from  time  The  Secretary 
to  time,  and  whenever  the  quarterly  accounts  of  public  moneys  of  the  of  tte  Treasury 
several  land  offices  in  the  said  State  of  Missouri  shall  be  settled,  pay  fFom  u  m  e  to 
three  per  cent,  of  the  net  proceeds  of  the  sales  of  the  lands  of  the  cent'  of  the  net 
United  States,  lying  within  the  State  of  Missouri,  which  since  the  first  day  proceeds  of  t  h  e 
of  January,  one  thousand  eight  hundred  and  twenty-one,  have  been,  or  sales  .of  public 
hereafter  may  be,  sold  by  the  United  States,  after  deducting  all  expenses  ^Missouri  since 
incidental  to  the  same,  to  such  person  or  persons  as  may  or  shall  be  au-  January  1,  1821, 
thorized  by  the  legislature  of  the  said  State  of  Missouri  to  receive  the  deducting  ex- 
same  ;  which  sum  or  sums,  thus  paid,  shall  be  applied  to  the  making  of  Pe°^es- &c- 
public  roads  and  canals  within  the  said  State  of  Missouri,  under  the  be  applied  totoe 
direction  of  the  legislature  thereof,  according  to  the  provisions  on  this  making  of  roads 
subject  contained  in  the  act  of  Congress  of  the  sixth  of  March,  one  and  canals  in 
Thousand  eight  hundred  and  twenty,  entitled  "An  act  to  authorize  the  Missouri,  under 
people  of  the  Missouri  Territory  to  form  a  constitution  and  State  gov-  leJfSure °  &c. 
eminent,  and  for  the  admission  of  such  State  into  the  Union  on  an  equal 
footing  with  the  original  States,  and  to  prohibit  slavery  in  certain  Tor-  Account  of  the 
ritories,"  and  to  no  other  purpose.  And  an  annual  account  of  the  same  application  o  f 
shall  be  transmitted  to  the  Secretary  of  the  Treasury,  by  such  officer  or  Jhe  money  to  be 
person  of  the  State  as  the  legislature  thereof  shall  direct,  and  of  its  the  Secretary  of 
application,  if  any  be  made;  and,  in  default  of  such  return  being  made,  the  Treasury. 


422  MISSOURI. 

the  Secretary  of  the  Treasury  is  hereby  required  to  withhold  the  pay- 
ment of  any  sum  or  sums  that  may  then  be  due,  or  which  thereafter 
may  become  due,  until  a  return  shall  be  made  as  herein  required,  (a) 

***»**» 
(a)  See  Nos.  989, 1015, 1103. 


March  3,  1823.   5fo.  994.— AN  ACT  to  establish  an  additional  land  office  in  the  State  of  Missouri. 

Vol.  3,  p.  785.       Een  enacted,  $c.,  That  so  much  of  the  public  lands  of  the  United 

A  new  land  dis- States*  as  lies  west  of  the  range  line  dividing  the  twenty-third  and 

trict  to  be  form- twenty-fourth  tiers  of  townships  west  of  the  fifth  principal  meridian, 

ed,  to  be  called  in  the  present  Howard  land  district,  in  the  State  of  Missouri,  shall  form 

the  western  dis-  a  land  <u8trict  for  the  disposal  of  the  said  lands,  to  be  called  the  western 

land  office  isto  be  district ;  and  a  land  office  shall  be  established  at  Lexington,  in  the 

established.         county  of  Lillard,  for  the  disposal  thereof. 

A  register  and  SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  a  register  and 
irverto  beap-recejver  appointed  to  the  said  office,  to  superintend  the  sales  of  the 
public  lands  in  the  said  district,  who  shall  reside  at  the  place  where 
said  office  is  established,  give  security  in  the  same  manner  and  sums, 
and  whose  compensation,  emoluments,  duties,  and  authorities,  shall,  in 
every  respect,  be  the  same,  in  relation  to  the  lands  .to  be  disposed  of  at 
their  offices,  as  are,  or  may  be,  by  law,  provided  in  relation  to  the  regis- 
ters and  receivers  of  public  moneys  in  the  several  offices  established  for 
the  sale  of  the  public  lands. ' 

Township  line     SEC.  3.  And  be  it  further  enacted,  That,  from  and  after  the  first  day  of 

between  town-  April  next,  the  division  line  between  the  St.  Louis  and  the  Jackson 

38to  for37  d?d  land  di8tricts> in  *he  State  of  M.i88ouri>  sha11  be  the  township  line  be- 

tri'ct line™     l  'tween  the  townships  number  thirty-seven  and  thirty-eight ;  anything 

in  the  former  acts,  creating  land  districts  in  the  State  of  Missouri,  to 

the  contrary  notwithstanding,  (a) 

(a)  See  Nos.  983, 997, 1001, 1019, 1028, 1064, 1076, 1079, 1095. 


March  3,  1823.    No.  995.— AN  ACT  concerning  the  lands  to  be  granted  to  the  State  of  Missouri,  for 
Vol.  3,  p.  787.  the  purposes  of  education,  and  other  public  uses. 

Certain  lands  ^e  ^  enacted  4"c->  That,  in  all  cases  in  which  section  number  sixteen, 
to  be  granted  to  iQ  any  township  within  the  State  of  Missouri,  has  been  sold,  or  other- 
the  State  of  Mis-  wise  disposed  of,  it  shall  be  the  duty  of  the  register  and  receiver  of  the 
souri  for  schools,  respective  land  office  in  whose  district  such  land  may  lie,  so  soon  after 
the  passage  of  this  act  as  may  be,  to  select  the  like  quantity  of  other 
lands  equivalent  thereto,  from  any  of  the  unappropriated  lands  of  the 
United  States  in  that  State,  including  the  residue  of  such  section,  where 
only  a  part  of  it  has  been  disposed  of,  and  the  value  of  the  residue  is 
not  materially  diminished  by  such  disposition,  and  is  nearly  contiguous 
to  such  sixteenth  section  as  may  be ;  and  a  descriptive  entry  of  such 
selected  lands  shall  be  made  on  the  books  of  the  register,  specifying  a* 
well  the  township  in  which,  as  that  for  the  use  of  which,  the  selection 
shall  have  been  made;  and  the  lands  thus  selected  and  located,  are 
hereby  granted  to  the  said  State  for  the  use  of  the  inhabitants  of  the 
respective  townships,  for  the  use  of  schools,  instead  of  such  sixteenth 
sections  so  sold  or  otherwise  disposed  of.  (a) 

Certain  lands  SEC.  2.  And  be  it  further  enacted,  That,  in  all  cases  in  which  the  gen- 
granted  to  salt  erai  assembly  of  the  State  of  Missouri  has  selected,  or  shall  hereafter 
select,  a  salt  spring,  for  the  use  of  the  State,  according  to  the  provis- 
ions of  an  act  of  Congress  of  the  sixth  of  March,  one  thousand  eight 
hundred  and  twenty,  and  the  six  sections  of  unappropriated  lands  can- 
not be  found  adjoining  to  such  spring,  agreeably  to  the  provisions  of 
said  act,  the  deficiency  shall  be  supplied  by  the  selection  of  other  sec- 
tions equivalent  thereto,  and  not  farther  distant  than  six  miles  there- 
from, of  unappropriated  lands  of  the  United  States  in  that  State,  and 
as  nearly  adjoining  to  such  spring  as  may  be,  shall  be  subject  to  the 
selection  of  the  legislature  of  the  State  for  the  use  thereof ;  and  such 
sections,  when  so  selected  and  located,  are  hereby  granted  according  to 
the  provisions  of  said  act :  and  authenticated  copies  of  the  selections 
made  by  the  register  and  receiver,  under  the  provisions  of  this  act, 
shall  be  furnished  the  State,  and  returns  transmitted  to  the  Secretary 
of  the  Treasury,  of  the  selections  now  made,  and  of  those  to  be  made, 
immediately  after  such  selections  shall  have  been  made,  either  by  thfr 
register  and  receiver,  or  by  the  legislature  of  the  State.  (6) 
(a)  See  ISTos.  972,  988, 989, 1013, 1016, 1093, 1114, 1142, 1145. 
(6)  See  Nos.  989, 1009, 1018. 


MISSOURI.  423 


IVo.  996.—  AN  ACT  for  the  relief  of  the  legal  representatives  of  Firman  Le  Sieur.  < 

Be  it  enacted,  <$-c.,  That  the  legal  representatives  of  Firman  Le  Sieur,     YoL  6>  ?•  296- 
late  of  the  State  of  Missouri,  be,  and  they  are  hereby,  authorized  to     TO  enter  one 
enter  one  section  of  land,  in  any  of  the  land  offices  of  the  State  of  Mis-  section  of  land  in 
souri,  the  sale  of  which  is  authorized  by  law,  in  full  satisfaction  for  a  H^lana  .office  in 
like  quantity,  patented  to  them  by  the  United  States,  on  the  third  day 
of  July,  one  thousand  eight  hundred  and  twenty  :  Provided,  Said  repre-    proviso. 
sentatives  of  Firman  Le  Sieur  shall  first  release  to  the  United  States 
all  claim  by  virtue  of  the  said  patent,  and  surrender  the  same  to  the 
Commissioner  of  the  General  Land  Office  ;  and  shall  confine  such  entry 
to  lands  which  have  been  heretofore  offered  for  public  sale,  and  con- 
formably to  the  lines  of  the  public  surveys. 


No.  997.— AN  ACT  to  establish  an  additional  land  office  in  the  State  of  Missouri.     May  26,  1824. 

Be  it  enacted,  $-c.,  That  so  much  of  the  public  lands  of  the  United ^— — - 

States  included  in  the  present  district  of  St.  Louis,  in  the  State  of  Mis-  Public  lands  to 
souri,  as  lies  within  the  following  boundaries,  to  wit :  Beginning  on  the 
Mississippi  Kiver,  between  townships  numbered  forty -eight  and  forty- 
nine,  thence  west  to  the  range  line  between  ranges  ten  and  eleven ; 
thence  north  to  the  township  line  between  townships  numbered  fifty  - 
two  and  fifty- three ;  thence  west  to  the  range  line  between  ranges  thir- 
teen and  fourteen  ;  thence  north  to  the  northern  boundary  line  of  the 
State  of  Missouri ;  thence  east  with  the  State  line  to  the  river  Des- 
moines ;  thence,  with  the  river  Desmoines  and  the  State  line,  to  the 
Mississippi  River ;  thence,  with  and  down  the  Mississippi  River  to  the 
place  of  beginning,  so  as  to  include  all  the  islands  within  the  limits  of 
the  State  of  Missouri,  shall  be  formed  into  a  new  land  district,  to  be 
called  "the  district  of  Salt  River,"  and,  for  the  sale  of  the  public 
lands  within  the  district  hereby  constituted,  there  shall  be  a  land  office 
established  at  such  place,  within  the  said  district,  as  the  President  of 
the  United  States  may  designate. 

SEC.  2.  And  l>e  it  further  enacted,  That  there  shall  be  a  register  and    A  register  and 
receiver  appointed  to  said  office  to  superintend  the  sales  of  public  lands  r^nlvartobe  ap" 
in  the  said  district,  and  who  shall  reside  at  the  place  where  said  office1* 
is  established,  give  security  in  the  same  manner  and  sums,  and  whose 
compensation,   emoluments,   duties,   and  authorities,   shall,   in  every 
respect,  be  the  same,  in  relation  to  th<*  lands  to  be  disposed  of,  at  theii 
offices,  as  are  or  may  be,  by  law,  provided,  in  relation  to  the  registers  • 

and  receivers  of  public  moneys,  in  the  several  offices  established  for 
the  sale  of  the  public  lands,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  all  such  public  lands,  embraced  All  lands  em- 
withiu  the  district  created  by  this  act,  which  shall  have  been  offered  b  r  a  c  e  d  within 
for  sale  to  the  highest  bidder,  at  St.  Louis,  pursuant  to  any  proclama-  sa^d  rAi8ty  ct> 
tion  of  the  President  of  the  United  States,  and  which  lands  remain  offered  fw  sate 
unsold  at  the  taking  effect  of  this  act,  shall  be  subject  to'  be  entered  pursuant  to  any 
and  sold,  at  private  sale,  by  the  proper  officer  or  officers  of  the  land  proclamation  o'f 
office  hereby  created,  in  the  same  manner,  and  subject  to  the  samet}*P  President, 
terms  and  upon  the  like  conditions,  as  the  sales  of  said  lands  would  Ssoi^lialffto 
have  been  subjected  to,  in  the  land  office  at  St.  Louis,  had  they  re- be  disposed  of  at 
mainexl  attached  to  that  office.  (6)  private  sale. 

(a)  See  Nos.  983,  994, 1001, 1019, 1028, 1064, 1076, 1079, 1095. 

(b)  SeeNos.  729,  981,  983, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1115, 1120, 1121, 

1135. 


IVo.  998.— AN  ACT  enabling  the  claimants  to  lands  -within  the  limits  of  the  State  May  26,  1824. 
of  Missouri  and  Territory  of  Arkansas  to  institute  proceedings  to  try  the  validity  Vol.  4,  p.  52. 
of  their  claims. 


Be  it  enacted,  fc.,  That  it  shall  and  may  be  lawful  for  any  person 
persons,  or  their  legal  representatives,  claiming  lands,  tenements,  or  that  part  of  the 
hereditaments,  in  that  part  of  the  late  province  of  Louisiana  which  is  late  province  of 
now  included  within  the  State  of  Missouri,  by  virtue  of  any  French  or  ^"ded'^XviS 
Spanish  grant,  concession,  warrant,  or  order  of  survey,  legally  made,  tue  state  of  Mis- 
granted,  or  issued,  before  the  tenth  day  of  March,  one  thousand  eight  souri,  by  virtue 
hundred  and  four,  by  the  proper  authorities,  to  any  person  or  persons  of  any  French  or 
resident  in  the  province  of  Louisiana,  at  the  date  thereof,  or  on  or  |fcan  ^  eg  raVp 
before  the  tenth  day  of  March,  one  thousand  eight  hundred  and  four,  mad'e  an(f  before 
and  which  was  protected  or  secured  by  the  treaty  between  the  United  the  loth  March. 


424  MISSOURI. 

1804,  to  present  S:..tes  of  America  and  the  Fieneh  Republic,  of  liie  thirtieth  day  of 
oT^ri008  to  tke  April,  one  thousand  eight  hundred  and  three,  and  which  might  have 
the  "tete^of FMi8- ^eeu  perfected  into  a  complete  title,  under  and  in  conformity  to  the 
souri.  laws,  usages,  and  customs,  of  the  government  under  which  the  same 

originated,  had  not  the  sovereignty  of  the  country  been  transferred  to 
the  United  States,  in  each  and  every  such  case,  it  shall  and  may  be 
lawful  for  such  person  or  persons,  or  their  legal  representatives,  to  pre- 
sent a  petition  to  the  district  court  of  the  State  of  Missouri,  setting 
forth,  fully,  plainly,  and  substantially,  the  nature  of  his,  her,  or  their 
claim  to  the  lands,  tenements,  or  hereditaments,  and  particularly  stat- 
ing the  date  of  the  grant,  concession,  warrant,  or  order  of  survey, 
under  which  they  claim,  the  name  or  names  of  any  person  or  persons 
claiming  the  same,  or  any  part  thereof,  by  a  different  title  from  that  of 
the  petitioner;  or  holding  possession  of  any  part  thereof,  otherwise 
than  by  the  lease  or  permission  of  the  petitioner ;  and,  also,  if  the 
United  States  be  interested  on  account  of  the  lands  within  the  limits 
of  such  claim,  not  claimed  by  any  other  person  than  the  petitioner; 
also,  the  quantity  claimed,  and  the  boundaries  thereof,  when  the  same 
may  have  been  designated  by  boundaries,  by  whom  issued,  and 
whether  the  said  claim  has  been  submitted  to  the  examination  of 
either  of  the  tribunals  which  have  been  constituted  by  law  for  the 
adjustment  of  land  titles  in  the  present  limits  of  the  State  of  Missouri, 
and  by  them  reported  on  unfavourably,  or  recommended  for  confirma- 
tion ;  praying,  in  said  petition,  that  the  validity  of  such  title,  or  claim, 
may  be  inquired  into  and  decided  by  the  said  court ;  and  the  said  court 
is  hereby  authorized  and  required  to  hold  and  exercise  jurisdiction  of 
every  petition,  presented  in  conformity  with  the  provisions  of  this  act, 
and  to  hear  and  determine  the  same,  on  the  petition,  in  case  no  answer 
or  answers  be  filed  after  due  notice :  or  on  the  petition,  and  the  answer 
or  answers  of  any  person  or  persons  interested  in  preventing  any  claim 
from  being  established :  and  the  answer  of  the  district  attorney  of  the 
United  States,  where  he  may  have  filed  an  answer,  according"  to  the 
evidence  which  shall  be  adduced  by  the  petitioner,  by  any  person  inter- 
ested in  preventing  the  decree  of  the  court  in  favour  of  the  title  of 
the  petitioner  or  petitioners,  and  by  the  United  States,  and  in  con- 
formity with  the  principles  of  justice,  and  according  to  the  laws  and 
ordinances  of  the  government  under  which  the  claim  originated,  and 
the  copy  of  such  petition,  with  a  citation  to  any  adverse  possessor,  or 
claimant,  shall  be  served  on  such  possessor  or  claimant  in  the  ordinary 
legal  manner  of  serving  such  process  in  the  State  of  Missouri,  at  least 
fifteen  days  before  the  term  of  the  district  court  of  the  United  States, 
to  which  the  same  is  made  returnable,  and,  in  like  manner,  on  the  dis- 
trict attorney  of  the  United  States,  where  the  Government  is  interested 
in  the  defence ;  and  it  shall  be  the  duty  of  the  United  States'  attorney 
for  the  district  in  which  the  suit  shall  be  instituted,  in  all  cases  where 
the  United  States  are  interested  on  account  of  the  public  domain,  to 
take  notice  of  each  petition  filed  under  the  provisions  of  this  act,  in 
the  said  district,  and  to  make  defence,  on  all  just  and  proper  occasions, 
in  behalf  of  the  public  interest. 

•Every  petition  SEC.  2.  And  be  it  further  enacted,  That  every  petition  which  shall  be  pre- 
presented*  under  sented  under  the  provisionsof  this  act,  shall  be  conducted  according  to  the 
con  due  ted  ac6  rules  of  a  court  of  equity,  except  that  the  answer  of  the  district  attorney 
cording  to  the  of  the  United  States  shall  not  be  required  to  be  verified  by  his  oath, 
rules  of  a  court  and  tried,  without  any  continuance,  unless  for  cause  shown  ;  and  the 
of  equity.  Ka[ft  court  shall  have  full  power  and  authority  to  hear  and  determine 

all  questions  arising  in  said  cause,  relative  to  the  title  of  the  claimants, 
the  extent,  locality,  and  boundaries  of  the  said  claim,  or  other  matters 
connected  therewith,  tit  and  proper  to  be  heard  and  determined,  and, 
by  a  final  decree,  to  settle  and  determine  the  question  of  the  validity  of 
the  title,  according  to  the  law  of  nations,  the  stipulations  of  any  treaty, 
and  proceedings  under  the  same;  the  several  acts  of  Congress  in  rela- 
tion thereto ;  and  the  laws  and  ordinances  of  the  government  from 
which  it  is  alleged  to  have  been  derived ;  and  all  other  questions  prop- 
erly arising  between  the  claimants  and  the  United  States ;  which  decree 
shall,  in  all  cases,  refer  to  the  treaty,  law,  [or]  ordinance,  under  which 
it  is  confirmed  or  decreed  against ;  and  the  court  may,  at  its  discretion, 
order  disputed  facts  to  be  found  by  a  jury,  according  to  the  regulations 
and  practice  of  the  said  court,  when  directing  issues  in  chancery  before 


the  same  court :  and,  in  all  cases,  the  party  against  whom  the,  judgment 
3  said  district  court  may  be  finally  given,  shall  be  euti- 


or  decree  of  the  said  district 


MISSOURI.  425 

tied  to  an  appeal,  within  one  year  from  the  time  of  its  rendition,  to  the    Appeal. 
Supreme  Court  of  the  United  States,  the  decision  of  which  court  shall 
be  rinal  and  conclusive  between  the  parties^  and,  should  no  appeal  be 
taken,  the  judgment  or  decree  of  the  said  district  court  shall,  in  like 
manner,  be  final  and  conclusive. 

SEC.  3.  And  be  it  further  enacted,  That  the  evidence  which  has  been     The    evidence 
received  by  the  different  tribunals  which  have  been  constituted  and  ap-  Jjjjl1^.  ^/jft? 
pointed  by  law  to  receive  such  evidence,  and  to  report  the  same  to  the  nals  shall  be  ad." 
Secretary  of  [the]  Treasury,  or  to  the  Commissioner  of  the  General  mitt'ed  as  such 
Land  Office,  upon  all  claims  presented  to  them  respectively,  shall  be  for  or  against  the 
received  and  admitted  in  evidence  for  or  against  the  United  States,  in  JJi  tri^imdS 
all  trials  under  this  act,  when  the  person  testifying  is  dead,  or  beyondthis  act   when 
the  reach  of  the  court's  process  ;  together  with  such  other  testimony  as  the  person  testi- 
it  may  be  in  the  power  of  the  petitioner,  the  person  or  persons  inter-  fyiag  is  dead. 
ested  in  the  defence  made  against  establishing  any  claim,  or  the  United 
States'  attorney,  to  produce,  and  which  shall  be  admissible,  according 
to  the  rules  of  evidence,  and  the  principles  of  law. 

SEC.  4.  And  be  it  further  enacted,  That,  in  all  cases  in  which  evidence     Duty  of  the  at- 
shall  be  offered  by  the  petitioner,  which  has  not  been  received  by  either  *yi  ^h  f  c  jj 

™ 


c 

of  the  tribunals  constituted  by  law  for  that  purpose,  it  shall  be  theeviden™e8liall  be 
duty  of  the  attorney  of  the  United  States  for  the  district  in  which  the  offered,   not    re- 
suit  shall  be  instituted,  or  any  person  interested  in  the  defence  may  ceived  by  either 
examine,  or  cause  to  be  examined,  the  witnesses,  whether  examined  in  ^ngtftuted  Tor 
court,  or  by  commission  under  the  authority  thereof  ;  and  it  shall  be  tkat  purp08e. 
the  duty  of  the  Commissioner  of  the  General  Land  Office  of  the  United 
States,  or  the  keeper  of  any  public  records,  who  may  have  possession  of 
the  records  and  evidence  of  the  different  tribunals,  which  have  been 
constituted  by  law  for  the  adjustment  of  land  titles  in  Missouri,  as  held 
by  France,  upon  the  application  of  any  person  or  persons,  whose  claim 
to  lands  has  been  rejected  by  such  tribunals,  or  either  of  them,  or  on 
the  application  of  any  person  interested,  or  by  the  attorney  of  the  United 
States  for  the  district  of  Missouri,  to  furnish  copies  of  such  evidence, 
certified  under  his  official  signature,  with  the  seal  of  office  thereto  an- 
nexed, if  there  be  a  seal  of  office. 

SEC.  5.  And  be  it  further  enacted,  That  any  claim  to  lands,  tenements,     Any  claim  to 
or  hereditaments,  within  the  purview  of  this  act,  which  shall  not  be  Jf^8  'actc''  which 
brought  by  petition  before  the  said  courts,  within  two  years  from  the  8hall  not  be 
passiug  of  this  act,  or  which,  after  being  brought  before  the  said  courts,  brought  by  peti- 
shall,  on  account  of  the  neglect  or  delay  of  the  claimant,  not  be  prose-  tion  before   the 
cuted  to  a  final  decision  within  three  years,  shall  be  forever  barred,  intwo  Vearsfor- 
both  at  ]aw  and  [in]  equity,  and  no  other  action,  at  common  law,  or  ever  barred.  ' 
proceeding  in  equity,  shall  ever  thereafter  be  sustained  in  any  court 
whatever,  in  relation  to  said  claims. 

SEC.  6.  And  be  it  further  enacted,  That,  upon  the  final  decision  of  any     Upon  the  final 
claim  prosecuted  under  this  act,  in  favour  of  the  claimant  or  claimants,  decision  of  any 
it  shall  and  may  be  lawful  for  such  claimant  to  demand  and  receive  from  jJ^SSJJJtfc! 
the  clerk  of  the  court  in  which  such  final  decision  is  had,  a  copy  of  the  f  a  v  0  r  Of  the 
decree,  in  his,  her.  or  their  favour,  under  the  official  signature  of  the  claimant,  such 
clerk,  and  the  seal  of  the  court,  if  any  seal  belong  to  it,  and  deliver  claimant  i  s  au- 
the  same  to  the  surveyor  of  public  lands,  for  the  State  of  Missouri,  who  jjan^and  revive 
shall,  thereupon,  cause  the  land  specified  in  said  decree  to  be  surveyed,  Of  tke  cierk  of 
at  the  expense  of  the  party  ;  and  duplicate  plats,  and  certificates  of  the  the  court  a  copy 
survey,  so  made,  to  be  returned  into  his  office,  one  of  which  shall  remain  of  the  decree  in 
in  said  office,  and  the  other,  authenticated  by  the  attestation  and  official  m 
signature  of  the  surveyor  of  public  lands,  shall  be  delivered,  on  demand, 
to  the  party  interested  therein,  and  the  same  being  presented  to  the  Com- 
missioner of  the  General  Land  Office,  in  Washington  City,  shall  entitle     And  a  patent. 
the  party  interested  to  a  patent  from  the  President  of  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  in  each  and  every  case  in  which 
any  claim,  tried  under  the  provisions  of  this  act,  shall  be  finally  de-     y  hhean    a  n  y 
cided  against  the  claimant,  and  in  each  and  every  case  in  which  any  ae^ided^agalnst 
claim  cognisable,  under  the  terms  of  this  act,  shall  be  barred  by  virtue  the  claimant,  or 
of  any  of  the  provisions  contained  therein,  the  land  specified  in  such  barred,  the  land 
claim  shall,  forthwith,  be  held  and  taken  as  a  part  of  the  public  lands  ^all  belong  to 
of  the  United  States,  subject  to  the  same  disposition  as  any  other  pub-  states. 
lie  land  in  the  same  district. 

SEC.  8.  And  be  it  further  enacted,  That  the  clerk  of  said  court  shall,  The  clerk  of 
and  he  is  hereby  directed,  when  any  petition  of  claim  is  filed,  under  th£  co^rt  8^lj, 
the  provisions  of  this  act,  before  any  proceedings  thereon,  to  require  tion  of  cf&i£  ^ 
good  and  sufficient  security  for  all  cost  and  charges  which  may  accrue  filed  under  this 


426  MISSOURI. 


certain  purposes.  De  allowed  sucn  tneir  services  ana  attendance  as  may 

'  lowed  by  law  for  the  like  services  and  attendance  in  the  district  court 
of  the  State  of  Missouri,  to  be  paid  by  the  party  calling  for  such  serv- 
ice or   attendance,  except  where  the  petitioner  or  petitioners  fail  to 
Erosecute  his,  her,  or  their  suit,  or  claim  to  a  final  decree,  or  to  obtain  a 
nal  decree  in  his,  her,  or  their  favour,  or  where  any  such  title  or  claim 
may  have  been  presented  to  the  commissioner  or  the  register  and  re- 
ceiver, acting  as  commissioners  for  the  examination  of  titles  and  claims 
to  land  in  said  district,  and  by  them  has  been  reported  unfavourably 
on,  in  all  of  which  cases,  all  cost,  charges,  and  expenses  of  such  prose- 
cutions,  shall  be  paid  by  the  petitioner  or  petitioners ;  that  the  clerk  of 
•Fees>  the  court,  in  which  the  final  decree  shall  be  had,  shall  be  allowed  one 

dollar  and  fifty  cents  for  the  official  copy  of  such  final  decree ;  that  the 
surveyor  of  public  lands  shall  be  allowed  one  dollar  for  each  of  the  offi- 
cial certificates  required  of  him,  and  the  keeper  of  the  records  and  evi- 
dence, taken  under  former  acts  of  Congress,  for  the  adjustment  of  land 
titles,  shall  be  allowed  at  the  ^ate  of  ten  cents  for  every  hundred  words 
contained  in  any  such  written  evidence  of  their  claim,  to  be  paid  by 
the  party  applying  therefor. 

Duty  of  the  at-  SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
torney  where  the  attorney  of  the  United  States  for  the  district  in  which  the  suits  au- 
aVaiustthe'Vnik  *noriz?d  bv  tnis  act  shall  be  instituted,  in  every  case  where  the  decision 
e2  States.  *8  against  the  United  States,  and  the  claim  exceeds  one  thousand  acres, 

to  make  out  and  transmit,  to  the  Attorney-General  of  the  United 
States,  a  statement  containing  the  facts  of  the  case,  and  the  points 
of  law  on  which  the  same  was  decided ;  and  if  the  Attorney-General 
shall  be  of  opinion  that  the  decision  of  the  district  court  was  erroneous, 
it  shall  be  his  duty  to  direct  an  appeal  to  be  made  to  the  Supreme 
Court  of  the  United  States,  and  to  appear  for,  and  prosecute,  the  said 
appeal  in  that  court ;  and  it  shall  be  the  further  duty  of  the  district 
attorney  to  observe  the  instruction  given  to  him  by  the  Attorney- 
General  in  that  respect,  (a) 

The  marshal  to  SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
attend  the  said  marshal  of  the  State  of  Missouri,  by  himself  or  deputy,  to  attend  the 
court  while  in  gaid  court  while  in  session,  and  to  execute  all  process  to  him  directed 

by  the  court,  under  this  act. 

The  party  in-     SEC.  11.  And  be  it  further  enacted,  That  if,  in  any  case,  it  should  so 
terested,    where  happen  that  the  lands,  tenements,  or  hereditaments,  decreed  to  any 
decreedto  any  claimant»  under  the  provisions  of  this  act,  shall  have  been  sold  by  the 
claimant  under  United  States,  or  otherwise  disposed  of,  or  if  the  same  shall  not  have 
this  act,  s hall  been  heretofore  located,  in  each  and  every  such  case,  it  shall  and  may 
have  been  sold  by  fce  lawful  for  the  party  interested  to   enter,  after  the  same  shall  have 
or6  have  be  en  keen  offered  at  public  sale,  the  like  quantity  of  land,  in  parcels,  con- 
heretofore  locat-  formable  to  sectional  divisions  and  subdivisions,  in  any  land  office  in 
ed,  to  enter  alike  the  State  of  Missouri ;  and,  if  it  should  so  happen,  that,  in  making  such 
quantity  in  any  entries,  there  should  remain  in  the  hands  of  the  enterer  a  fractional 
Missouri  °       n  exce88  °f  acres,  of  less  number  than  the  smallest  sectional  divisions 
authorized  by  law  to  be  sold,  it  shall  and  may  be  lawful  for  the  party 
interested  to  enter,  in  virtue  of  such  fractional  excess,  the  quantity  of 
one-half  quarter-section,  upon  paying  one  dollar  and  twenty-five  cents 
for  each  acre  contained  in  such  half  quarter-section,  over  and  above 
•  the  fractional  excess  to  which  he  may  be  entitled  by  such  confirma- 

tion. (&) 

To  carry  this     SEC.  12t  ^nd  be  it  further  enacted,  That,  for  the  purpose  of  carrying 
act    into    effect,  into  effect  the  provisions  of  this  act,  the  judge  of  the  district  court  for 
the  judge  of  the  the  State  of  Missouri,  shall  hold  his  sessions  at  the  following  places, 
Missouri  district  vjz  .  a^  the  town  of  St.  Louis,  in  the  county  of  St.  Louis,   on  the  third 
sions  at  the  town  Monaay  °f  September  next ;  at  the  town  of  St.  Genevieve,  in  the  county 
of  St.  Louis,  &c.  of  St.  Genevieve,  on  the  third  Monday  of  December  next,  and  at  the 
town  of  Jackson,  in  the  county  of  Cape  Girardeau,  on  the  third  Monday 
of  April  next ;  he  shall  appoint  his  own  clerks  ;  and  after  the  first  and 
each  of  the  said  sessions,  he  shall  thereafter  sit,  upon  his  own  adjourn- 
ments, at  the  places  aforesaid,  until  all  the  business  before  him  shall 
be  completed,  or  the  time  limited  by  this  act  shall  have  expired,  of 
which  said  adjournments,  and  the  time  of  holding  the  special  sessions, 
aforesaid,  public  notice  shall  be  given  at  each  of  the  places  aforesaid, 
and  at  such  other  places,  in  the  State  of  Missouri,  as  he  shall  direct : 


MISSOURI.  427 

Provided,  That  at  either  of  the  places  aforesaid,  the  court  may  take     The  court  may 
cognisance  and  jurisdiction  of  any  claim  within  the  limits  of  the  State  :  ja^  ^cognizance 
Provided,  moreover,  That,  if  there  should  be  any  person  defending  against  within  the  State0 
the  confirmation  of  such  claim,  in  such  case  the  trial,  in  case  he  shall 
request  the  same,  shall  be  had  at  that  place  nearest  the  residence  of 
such  person  defending  against  such  confirmation  :  Provided,  That  none     ^bis  act  shall 
of  the  provisions  of  this  act  shall  be  applied  to  a  claim  of  the  represen-  not  apply  to  the 
tatives  or  assignees  of  Jacques  Glamorgan,  deceased,  lying  between  the  claims  of  Jacques 
Missouri  and  Mississippi  rivers  and  covering  parts  of  the  counties  of  c 
St.  Charles  and  Lincoln,  in  the  State  of  Missouri. 


SEC.  14.  And  be  it  further  enacted,  That  all  the  provisions  of  this  act    All  the  p;ovis- 
shall  extend  to,  and  be  applicable  to,  the  Territory  of  Arkansas  ;  and,  ions  of  this  act  to 
for  the  purpose  of  finally  settling  and  adjusting  the  titles  and  claims  JjJ^^P-  .&c'i 
to  lands  derived  from  the  French  and  Spanish  Governments,  respect-  Arkansa"  °13  ° 
ively,  the  superior  court  for  the  Territory  of  Arkansas,  shall  have,  hold, 
and  exercise  jurisdiction  in  all  cases,  in  the  same  manner,  and  under 
the  same  restrictions  and  regulations,  in  all  respects,  as  by  this  act  is 
given  to  the  district  court  for  the  State  of  Missouri  ;  and  the  judges  of     The  1U(](res  of 
the  superior  court,  clerk  of  said  court,  marshal,  and  district  attorney  the    superior 
of  the  United  States,  for  the  said  Territory,  shall,  severally,  perform  court,  clerk,  mar- 
the  same  duties,  and  have  the  same  powers  in  relation  to  the  claims  to  shal-  aml  district 
land  presented  and  prosecuted  in  said  court,  in  the  Territory  of  Arkaii-  forSTtfre^same 
sas,  as  is  herein  provided  with  regard  to  the  titles  and  claims  to  land  duties,  and  have 
presented  and  prosecuted  in  the  district  court  for  the  State  of  Missouri,  the  same  powers, 
and  the  judges  of  said  superior  court,  the  clerk,  marshal,  and  district  as  in  other  cases- 
attorney,  shall,  each,  severally,  receive  the  same  fees,  emoluments,  and 
compensation  for  their  services,  as  is  in  this  act  provided,  in  regard  to 
the  district  judge,  clerk,  marshal,  and  district  attorney  in  the  State  of 
Missouri  ;  and  the  said  court  shall  commence  its  first  session  on  the 
first  Monday  in  October  next,  at  Little  Rock,  in  the  Territory  of  Arkan- 
sas ;  and,  afterwards,  shall  sit  upon  its  own  adjournments  at  the  place 
aforesaid,  until  all  the  business  before  it  shall  be  completed,  or  the  time 
limited  by  this  act  shall  have  expired  ;  of  which  public  notice  shall  be 
given,  as  is  provided  in  this  act,  in  relation  to  the  district  court  of  the 
State  of  Missouri  :  Provided,  That  in  all  cases  of  a  decree  against  the     Proviso. 
United  States,  for  a  greater  quantity  of  land  than  five  hundred  acres, 
in  the  superior  court  of  Arkansas,  it  shall  be  the  duty  of  the  attorney 
of  the  United  States,  to  transmit  to  the  Attorney  -General  of  the  United 
States,  so  soon  as  may  be,  a  like  statement  of  the  facts  and  points  of 
law  in  the  case,  as  is  required  of  the  district  attorney  of  Missouri,  and 
the  same  right  of  appeal,  from  the  decisions  of  the  court  in  Arkansas, 
shall  be  allowed  to  each  party,  that  are  prescribed  in  relation  to  decis- 
ions in  the  district  court  of  Missouri,  (a) 

SEC.  15.  And  be  it  further  enacted,  That  none  of  the  provisions  of  the  Former  section 
fourteenth  section  shall  extend  to  claims  of  a  larger  amount  than  one  not  to  extend  to 
league  square.  claims  above  one 

league  square. 
(a)  See  Nos.  722,  728,  957,  967,  972,  973,  974,  976,  980,  988,  1002,  1007,  1020  1024  1041 

1063,  1067,  1102,  1104,  1106,  1107,  1124,  1139,  1143. 
(6)  See  Nos.  957,  1041,  1102,  1106,  1107. 


No.  999.—  AN  ACT  supplementary  to  an  act  passed  on  the  thirteenth  day  of  June,  May  26,  1824. 
one  thousand  eight,  hmndred  and  twelve,  entitled  "An  act  making  further  provision  Vol  4  p  65 
[provisions]  for  settling  the  claims  to  land  in  the  Territory  of  Missouri." 

Be  it  enacted,  $-c.,  That  it  shall  be  the  duty  of  the  individual  owners,  Duty  of  thein- 
or  claimants,  of  town  or  village  lots,  out-lots,  and  common  field  lots,  in,  dividual  owners 
adjoining  or  belonging  to,  the  several  towns,  or  villages,  of  Portage  des  *m!~  other 
Sioux,  St.  Charles,  St.  Louis,  St.  Ferdinand,  Villa  a  Robert,  Carondelet,  Sts  in  certain 
St.  Genevieve,  New  Madrid,  New  Bourbon,  and  Little  Prairie,  in  Missouri,  towns  in  M  i  s  - 
and  the  village  of  Arkansas,  in  the  Territory  of  Arkansas,  whose  lots  were  80uri  and  Terri- 
confirmed  by  theact  of  Congress  of  the  thirtieth  [thirteenth]  of  June,  one  Sch  were^on- 


- 

thousand  eight  hundred  and  twelve,  entitled  "An  act  making  further  pro-  firmed  by  the  act 
vision  for  settling  the  claims  to  land  in  the  Territory  of  Missouri,"  on  the  of  June  13,  1812. 
ground  of  inhabitation,  cultivation,  or  possession,  prior  to  the  twentieth 
day  of  December,  one  thousand  eight  hundred  and  three,  to  proceed, 
within  eighteen  months  after  the  passage  of  this  act,  to  designate  their 
said  lots,  by  proving,  before  the  recorder  of  land  titles  for  said  State 
and  Territory,  the  fact  of  such  inhabitation,  cultivation,  or  possession, 


428  MISSOURI. 

and  the  boundaries  and  extent  of  each  claim,  so  as  to  enable  the  sur- 
veyor-general to  distinguish  the  private  from  the  vacant  lots,  apper- 
taining to  the  said  towns  and  villages. 

Duty  of  the  SEC.  2.  And  be  it  further  enacted,  That,  immediately  after  the  expira- 
surveyor-gen-  tlon  of  the  said  term  allowed  for  proving  such  facts,  it  shall  be  the  duty 
of  the  survey  or- general,  within  whose  district  such  lots  lie,  to  proceed, 
under  the  instructions  of  the  Commissioner  of  the  General  Land  Office, 
to  survey,  designate,  and  set  apart  to  the  said  towns  and  villages,  re- 
spectively, so  many  of  the  said  vacant  town  or  village  lots,  out-lots,  and 
common-field  lots,  for  the  support  of  schools  in  the  said  towns  and 
villages,  respectively,  as  the  President  of  the  United  States  shall  not, 
before  that  time,  have  reserved  for  military  purposes,  and  not  exceeding 
one-twentieth  part  of  the  whole  lands  included  in  the  general  survey 
«  of  such  town,  or  village,  according  to  the  provisions  of  the  second  sec- 

tion of  the  above-mentioned  act  of  Congress ;  and  also,  to  survey  and 
designate,  so  soon  after  the  passage  of  this  act  as  may  be,  the  commons 
belonging  to  the  said  towns  and  villages,  according  to  their  respective 
claims  and  confirmations,  under  the  said  act  of  Congress,  where  the 
Proviso.  same  has  not  been  already  done  :  Provided,  That  lots  relinquished  to  the 

United  States  on  account  of  damages  done  them  by  the  earthquakes, 
and  in  lieu  of  which  lands  have  been  located  elsewhere,  shall  neithei 
be  so  designated  or  set  apart,  nor  taken  into  the  estimate  of  the  quan- 
tity to  which  any  town  or  village  is  entitled. 

The  recorder  to     SEC.  3.  And  be  it  further  enacted,  That  the  recorder  shall  issue  a  cer- 
Issue  a  certificate  tificate  of  confirmation  for  each  claim  confirmed,  and  shall  receive  for 
of    confirmation  the  services  required  of  him  by  this  act,  the  sum  of  one  dollar  for  each 
for  each  c l^ai m  jo^  8O  prove(j  to  have  been  inhabited,  cultivated,  and  possessed,  to  be 
receive eon*D dof- Pa^d  by  the  respective  claimants;  and,  so  soon  as  the  said  term  shall 
lar  therefor.         have  expired,  he  shall  furnish  the  surveyor-general  with  a  list  of  the 
lots  so  proved  to  have  been  inhabited,  cultivated,  or  possessed,  to  serve 
as  his  guide  in  distinguishing  them  from  the  vacant  lots  to  be  set  apart 
as  above  described,  and  shall  transmit  a  copy  of  such  list  to  the  Com- 
missioner of  the  General  Land  Office. 

The  provisions  SEC.  4.  And  be  it  further  enacted,  That  the  provisions  of  this  act,  and 
of  this  act  and  of  the  aforesaid  act  of  the  thirtieth  [thirteenth]  of  June,  one  thousand 
the  act  aforesaid,  eight,  hundred  and  twelve,  be,  and  the  same  are  hereby  extended  to  the 
vmageof  Mine  I  village  of  Mine  &  Burton,  and  the  right  of  filing  their  claims  with  the 
Burton.  recorder,  (a) 

(a)  See  Nos.  972, 1016, 1119, 1143. 

March  31, 1826.  IVo.  1OOO.— AN  ACT  for  the  relief  of  Richard  Mateon. 

Vol.  6,  p.  338.        Be  .t  enactc(^  ^  That  Richard  Matson,  of  the  State  of  Missouri,  be, 

Authorized  to  and  he  is  hereby,  authorized  to  withdraw  his  locations  of  warrant, 

withdraw  his  lo-  nulUDer  one  hundred  and  fifty-five,  for  six  hundred  and  forty  acres,  and 

rants1Sand  locate  of  ^'arrant  number  one  hundred  and  forty-three,  for  two  hundred  arpens 

them  elsewhere,   of  land,  issued  by  the  recorder  of  land  titles  in  the  State  of  Missouri, 

and  located  on  the  twentieth  of  June,  one  thousand  eight  hundred  and 

eighteen,  in  township  fifty-five  north,  range  three  west,  in  said  State, 

and  since  mostly  covered  by  a  confirmed  Spanish  grant;  and  to  locate 

the  same  warrants  upon  any  of  the  unappropriated  lands  of  the  Umtcd 

States,  in  the  State  of  Missouri,  that  were  liable  to  be  located,  under 

the  act  of  the  seventeenth  of  February,  eighteen  hundred  and  fifteen, 

for  the  relief  of  sufferers  by  earthquakes ;  conforming  such  relocations, 

as  nearly  as  may  be,  to  the  divisional  lines  of  the  public  surveys,  and 

subject,  in  all  respects,  to  said  act  of  the  seventeenth  of  February, 

Proviso.  eighteen  hundred  and  fifteen  :  Provided,  That  the  said  warrants  shall  be 

located  within  one  year  from  the  passing  of  this  act,  and  on  lands  which 
have  not  before  been  located  or  sold. 


May  4, 1826.       No.  1001 — AX  ACT  to  extend  the  lines  of  certain  land  districts  in  the  State  of 
Vol.  4,  p.  158. .  Missouri. 

Boundaries  of      Be  it  enacted,  <$-c.,  That  the  western  boundary  of  the  land  district  of 
the  districts.        Cape  Girardeau,  and  of  the  western  district  in  the  State  or  Missouri, 
be  and  the  same  is  hereby,  extended  to  the  western  boundary  of  the 
State  of  Missouri,  (a) 

(a)  See  Nos.  983,  994,  997, 1019, 1028, 1064, 1076, 1079, 1095. 


MISSOURI.  4*4| 

Xo.  10O2.— AN  ACT  for  the  relief  of  Phinehas  Underwood,  and  for  other  purposes.     May  22, 1826. 

Vol.  6,  p.  355. 


SEC.  2.  And  le  it  further  enacted,  That  the  time  for  filing  petitions    Time  of  filing 
under  the  provisions  of  an  act  entitled  "An  act  enabling  the  claimants  P®titio?s  exten<i- 
to  lands  within  the  limits  of  the  State  of  Missouri,  and  Territory  of  J^g     May  26th» 
Arkansas,  to  institute  proceedings  to  try  the  validity  of  their  claims," 
shall  be,  and  the  same  is  hereby,  extended  to  the  twenty-sixth  day  of 
May,  in  the  year  one  thousand  eight  hundred  and  twenty-eight,  (a) 

(a)  See  Nos.  722,  728, 957,  967,  972,  973,  974,  976,  980,  988,  998,  1007, 1020,  1024,  1041, 1063, 
1067, 1102, 1104, 1106, 1107, 1124, 1139, 1143. 


No.  1003. — AN  ACT  concerning  the  selection  of  certain  lands  heretofore  granted     Jan.  24, 1827. 
by  compact,  to  the  State  of  Missouri,  for  seminaries  of  learning.  Vol.  4,  p.  200. 

Be  it  enacted,  pc.,  That  it  shall  be  the  duty  of  the  President  of  the    Certain    lands- 
United  States,  as  soon  as  may  be,  to  cause  to  be  selected,  from  any  of  to  beselectedfor 
the  public  lands  of  the  United  States  in  Missouri,  the  sale  of  which  is  seminaries    of 
authorized  by  law,  and  in  quantities  not  less  than  a  section,  according  learning- 
to  the  divisional  lines  of  the  public  surveys,  the  several  townships  of 
land  heretofore  secured  by  compact  to  the  State  of  Missouri,  for  the  pur- 
poses of  a  seminary  or  seminaries  of  learning  in  that  State,  and  to  cause 
one  descriptive  list  of  such  selections  to  be  filed  with  the  governor  of 
Missouri,  in  the  office  of  the  secretary  of  that  State ;  and  another  like 
list  to  be  filed  in  the  General  Land  Office  of  the  United  States;  and  the 
lands  so  selected  shall,  immediately  thereupon,  vest  in  the  State  of 
Missouri,  according  to,  and  in  satisfaction  of,  the  above-mentioned 
compact  with  the  United  States,  (a) 

(a)  See  Nos.  983,  989,  1018. 


No.  1004.— AN  ACT  supplementary  to  "An  act  to  perfect  certain  locations  and  March  2, 1827. 
sales  of  the  public  lands  in  Missouri,"  passed  April  the  twenty-six,  [sixth,]  one  Vol.  4,  p.  219. 
thousand  eight  hundred  and  twenty-two. 


Be  it  enacted,  #c.,  That  the  locations  of  lands  heretofore  made  accord-     The  location  of 
ing  to    law,  by  virtue  of  warrants  issued  under  the  act  of  Congress,  lauds  for  the  re- 
passed  the  seventeenth  day  of  February,  one  thousand  eight  hundred  Jjef  ?f  t5etlinha,b" 
[and]  fifteen,  for  the  relief  of  the  inhabitants  of  the  late  county  of  New  county  of  New 
Madrid,  in  the  Missouri  Territory,  who  suffered  by  earthquakes,  in  lieu  Madrid,  to   be 
of  lots  and  out-lots,  in  and  adjacent  to  the  villages  of  New  Madrid  and  perfected    into 
Little  Paririe,  and  not  exceeding  six  hundred  and  forty  acres  in  the  grants, 
whole  to  any  one  sufferer,  shall  be  perfected  into  grants  in  the  manner 
prescribed  by  the  last-mentioned    act  of  Congress,  any  construction 
thereof  to  the  contrary  notwithstanding,  (a) 

(a)  See  Nos.  977,  985,  992,  1017, 1117. 


iivt  -LVUV. — JQ.JL.I  -n.v^-1.  j.ur  nits  rent;!  ui   w imam  sentry,  01  -Missouri.  May  9,1828. 

Be  it  enacted,  #c.,  That  William  Gentry,  of  Saline  County,  in  the  State    Vol.  6.  P.  377. 
of  Missouri  be,  and  he  is  hereby,  authorized  to  relinquish  to  the  United     May  relinquish 
States  the  northwest  quarter  of  section  twenty-five,  in  township  fifty,  a  certain  tract  of 
in  range  twenty,  west,  of  the  fifth  principal  meridian,  in  Missouri;  and  land,   and  enter 
to  enter,  instead  thereof,  the  northeast  quarter  of  the  same  section,  if  f°othe/  in  lieu 
it  shall  remain  unsold  when  he  shall  make  his  application ;  or  if  it  shall 
have  been  sold,  then  he  may  enter  any  other  quarter-section,  in  the  same 
land  district,  that  shall  be  liable  to  entry  at  private  sale,  instead  of  the 
said  northeast  quarter ;  for  which  he  has  heretofore  paid  the  United 
States,  in  consequence  of  the  mistake  of  the  clerk  in  the  register's  office, 
at  Franklin,  in  inserting  the  said  northwest  quarter  in  the  entry. 


No.  1006.— AN  ACT  for  the  benefit  of  John  B.  Dupuis.  j^ay  jg)  iggg, 

Be  it  enacted,  $c.,  That  a  location  of  a  Madrid  certificate,  made  on  the    Vol.  6.  p.  377.' 
twenty-second  day  of  April,  in  the  year  one  thousand  eight  hundred     Location  of  a 
and  twenty-three,  for  six  hundred  and  forty  acres,  in  the  State  of  Mis-  Madrid  cer  ti  fl- 
souri,  being  the  southwest  quarter  of  section  twenty- two,  the  northeast  cate  for  land  con- 
quarter  of  section  twenty-eight,  and  the  northern  half  of  section  twenty-  firmed, 
seven,  in  township  fifty- two  north,  range  seventeen  west,  in  the  name 


430  MISSOURI. 

of  John  B.  Dupuis,  be,  and  the  same  is  hereby,  confirmed,  and  that  a 
patent  for  the  same  shall  issue  to  the  said  John  B.  Dupuis,  upon  the 
presentation  of  a  plat  and  certificate  of  the  survey  thereof,  at  the 
Proviso.  proper  office  :  Provided,  however,  That  it  shall  operate  as  a  relinquish- 

rnent  only  on  the  part  of  the  United  States. 


May  24,  1828.      No.  1007.—  AN  ACT  to  continue  in  force  for  a  limited  time,  and  to  amend  an  act, 
Vol.  4,  p.  298.        entitled  "An  act  to  enable  claimants  to  lands  within  the  limits  of  the  State  of  Mis- 

souri and  Territory  of  Arkansas,  to  institute  proceedings  to  try  the  validity  of  their 

claims." 

Act  of  May  Be  it  enacted,  $c.,  That  the  act  approved  the  twenty-sixth  of  May, 
n>  ,1.824'  con"  eighteen  hundred  and  twenty-four,  entitled  "An  act  to  enable  claim- 
'  aiits  to  lands  within  the  limits  of  the  State  of  Missouri  and  Territory  of 
Arkansas,  to  institute  proceedings  to  try  the  validity  of  their  claims," 
shall  be,  and  the  same  hereby  is,  continued  in  force  :  that  is  to  say,  for 
the  purpose  of  filing  petitions  in  the  manner  prescribed  by  that  act,  to 
and  until  the  twenty-sixth  day  of  May,  in  the  year  one  thousand  eight 
hundred  and  twenty-nine,  and  for  the  purpose  of  enabling  the  claimants 
to  obtain  a  final  decision  on  the  validity  of  their  claims  in  the  courts  of 
Missouri  and  Arkansas,  respectively  ;  the  said  claims  having  been  ex- 
hibited within  the  time  above  specified  ;  the  said  act  shall  be  continued 
in  force  to,  and  until,  the  twenty-sixth  day  of  May,  in  the  year  one  thou- 

CJaims  to  b  e  sand  eight  hundred  and  thirty,  and  no  longer  ;  and  the  courts  having  cog- 
decided  upon.  nisance  of  said  claims  shall  decide  upon  and  confirm  such  as  would  have 
been  confirmed  under  the  laws,  usages,  and  customs  of  the  Spanish  Gov- 
ernment, for  two  years,  from  and  after  the  twenty-sixth  day  of  May, 
one  thousand  eight  hundred  and  twenty-eight,  and  all  the  claims  au- 
thorized by  that  act,  to  be  heard  and  decided,  shall  be  ratified  and  con- 

To  be  ratified,  firmed  to  the  same  extent  that  the  same  would  be  valid  if  the  country 
in  which  they  lie  had  remained  under  the  dominion  of  the  sovereignty 
in  which  said  claims  originated. 

So  much  of  the  SEC.  2.  And  le  it  further  enacted,  That  so  much  of  the  said  act  as  sub- 
said  act  as  sub-  jects  the  claimants  to  the  payment  of  costs  in  any  case  where  the  de- 

3 


to  the  pay-  cis^on  mav  De  iQ  favour  of  their  claims,  be  and  the  same  is  hereby  re- 
ment  of  costs,  in  pealed,  and  the  costs  shall  abide  the  decision  of  the  cause  as  in  ordinary 
any  case  where  causes  before  the  said  court  ;  and  so  much  of  the  said  act  as  requires 
the  decision  may  tne  claimants  to  make  adverse  claimants  parties  to  their  suits,  or  to 
their0  claims  re-  sllow  the  court  what  a<lverse  claimants  there  may  be  to  the  land  claimed 
pealed.  of  the  United  States,  be  also  hereby  repealed.  And  the  confirmations 

had  by  virtue  of  said  act,  and  the  patents  issued  thereon,  shall  operate 
only  as  relinquishment  of  title  on  the  part  of  the  United  States,  and 
shall,  in  no  wise,  affect  the  right  or  title,  either  in  law  or  equity,  of  ad- 
verse claimants  of  the  same  land,  (a) 

Where   any     SEC.  3.  And  be  it  further  enacted,  That  where  any  claim,  founded  on 

olaim,  founded  concession,  warrant,  or  order  of  survey,  shall  be  adjudged  against  and 

&D     half^^ad'  reJected>  .tne  claimant  or  his  legal  representatives,  by  descent  or  pur- 

judge^d     against  cnase>  being  actual  inhabitants  and  cultivators  of  the  soil,  the  claim  to 

and  rejected.        which  shall  have  been  rejected,  shall  have  the  right  of  pre-emption,  at 

the  minimum  price  of  the  public  lands,  so  soon  as  the  land  shall  be  sur- 

veyed and  subdivided  by  the  United  States,  of  the  quarter-section  on 

which  the  improvement  shall  be  situate,  and  so  much  of  every  other 

quarter-section  which  contains  any  part  of  the  improvement,  as  shall  be 

within  the  limits  of  the  rejected  claim.  (6) 

(a)  SeeNos.  722,  728,  957,  967,  972.  973,  974,  976,  980,  988,  998,  1002,  1020,  1024,  1041, 

1063,  1067,  1102,  1104,  1106.  1107,  1124,  1139,  1143. 
(6)  See  Kos.  729,  981,  983,  997,  1009,  1010,  1020,  1028,  1083.  1086,  1096,  1110,  1115,  1120, 

1121,  1135. 


May  24  1828      ^o. 1008.— AN  ACT  confirming  to  Francis  Valle,  Jean  Baptiste  Valle,  Jean  Baptiste 
Vol  6  T>  386         Pratte,  and  St.  James  Beau  vois,  or  to  their  heirs  or  legal  representatives  of  the  county 
.     of  Madison,  in  the  State  of  Missouri,  certain  lands. 


A  tract  of  land      Be  it  enacted.,  <f  c.,  That  there  be,  and  hereby  is,  confirmed  to  Francis 
in  Missouri  con- Valle,  Jean  Baptiste  Valle,  Jean  Baptiste  Pratte,  and  St.  James  Beau- 
firmed  to  them.     voig^  Qr  -n  cage  Qt-  thejr  or  either  of  their  decease,  to  their  heirs,  or  either 
of  their  heirs,  or  legal  representatives,  a  tract  of  land  not  exceeding  two 
leagues  square,  situated  in  the  county  of  Madison,  and  State  of  Mis- 
souri, commonly  known  by  the  name  of  the  Mine  La  Motte,  according 
to  a  field  plat  and  survey,  made  by  Nathaniel  Cook,  deputy  surveyor,  of 


MISSOURI.  431 

St.  Genevieve,  made  on  the  twenty-second  day  of  February,  one  thou- 
sand eight  hundred  and  six  :  Provided,  Said  location  shall  be  made,  as    Proviso. 
nearly  as  may  be,  conformable  to  the  contiguous  public  surveys  :  And    Proviso. 
provided  further,  That  this  confirmation  shall  extend  only  to  a  relin- 
quishment  of  title  on  the  part  of  the  United  States,.  nor  prejudice  the 
rights  of  third  persons,  nor  any  title  heretofore  derived  from  the  United 
States,  either  by  purchase  or  donation. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury  .  Patents  to  be 
shall  cause  patents  to  issue  to  the  before-named  Francis  Valle,  Jean  18f 
Baptiste  Valle,  Jean  Baptiste  Pratte,  and  St.  James  Beauvois,  or  to  their 
heirs  or  legal  representatives,  upon  the  exhibition  to  him,  in  case  of  the 
decease  of  the  aforesaid  persons,  that  those  who  may  claim  patents 
under  this  act  are  the  legal  heirs  or  representatives  of  the  person  or  per- 
sons deceased. 


No.  1O09.    AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  the  « 

reserved  salt  springs,  in  the  State  of  Missouri,  to  be  exposed  to  pnblic  sale.  vol.  4,  p.  364. 

Be  it  enacted,  fa.,  That  the  President  be,  and  he  hereby  is,  authorized,     president    o  f 
at  any  time  that  he  shall  think  proper,  to  cause  the  reserved  salt  springs  United  States  au- 
and  contiguous  lands,  (a)  in  the  State  of  Missouri,  belonging  to  the  thorized  to   sell 
United  States,  and  unclaimed  by  individuals,  to  be  exposed  to  sale,  in  sa 
the  same  manner  that  other  public  lands  are  authorized,  by  law,  to  be 
sold.  (&) 

(a)  See  Nos.  989,  995,  1018. 

(b)  See  Nos.  729,  981,  983.  997,  1007,  1010,  1020,  1028,  1083,  1086,  109G,  1110,  1115,  1120, 

1121,  1135. 

NO.  1010.—  AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  the  re-  March  3,  1829. 
served  lead  mines,  in  the  State  of  Missouri,  to  be  exposed  to  public  sale,  and  for  other  Vo1-  4,  P-  304. 
purposes. 


Be  it  enacted,  fa.,  That  the  President  be,  and  he  hereby  is,  authorized,  uStedstates  an* 
at  any  time  that  he  shall  think  proper,  to  cause  the  reserved  lead  mines,  thorized    to  sell 
and  contiguous  lands,  in  the  State  of  Missouri,  belonging  to  the  United  lead  mines. 
States,  and  unclaimed  by  individuals,  to  be  exposed  to  sale,  in  the  same 
manner  that  other  public  lauds  are  authorized,  by  law,  to  be  sold,  ex- 
cept as  hereinafter  provided,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  six  months'  notice,  at  least,  of  .  Six  months' no- 
the  times  and  places  of  the  said  sales,  shall  be  given  in  such  newspapers  ^e 
of  general  circulation  in  such  of  the  States  as  the  President  may  think 
expedient,  with  a  brief  description  of  the  mineral  region  in  Missouri,  and 
of  the  lauds  to  be  offered  for  sale,  showing  the  number  and  the  locali- 
ties of  the  different  mines  now  known,  the  probability  of  discovering 
others,  the  quality  of  the  ore,  the  facilities  for  working  it,  the  further 
facilities,  if  any,  for  manufactories  of  shot,  sheet  lead,  and  paints,  and 
the  means  and  expense  of  transporting  the  whole  to  the  principal  mar- 
kets in  the  United  States.  (6) 

SEC.  3.  And  be  it  further  enacted,  That  in  all  cases  of  confirmation  or      Confirmations 
sales  of  lands  in  Missouri,  reported  to  contain  lead  ore,  the  patent  shall or.  8ale^  °J  k*4 
be  issued  to  the  person  in  whose  favour  the  confirmation  has  been  made,  ^m^asof  other 
or  to  the  purchaser  from  the  United  States,  or  their  heirs  or  assignees,  lands, 
as  in  ordinary  cases  of  confirmation  or  sales. 

(a)  See  No.  701. 

(b)  See  Nos.  729,  981,  983,  997,  1007,  1009,  1020,  1028,  1083,  1086,  1096,  1110,  1115,  1120, 

1121,  1135. 


No.  1011.— AN  ACT  to  continue  in  force  "An  act  authorizing  certain  soldiers  in     March  23, 1830. 
the  late  war  to  surrender  the  bounty  lands  drawn  by  them,  and  to  locate  others  in     Vol.  4,  p.  383. 
lieu  thereof,"  and  for  other  purposes. 

[Act  of  May  22,  1826,  continued  for  five  years,  and  its  provisions  ex- 
tended to  thoseha  ving  like  claims  in  Missouri  and  Illinois.  See  ARKAN- 
SAS, No.  1177.] 

No.  1012.— AN  ACT  for  the  relief  of  Arund  Rutgers,  of  Missouri.  April  23,  It^O. 

Be  it  enacted,  <$-c.,  That  Arund  Rutgers  be,  and  is  hereby,  authorized 

to  locate  five  hundred  arpents  of  land,  upon  any  of  the  public  lands  in  May  locate  a 
the  State  of  Missouri,  that  are  subject  to  private  entry,  upon  relinquish-  certain  tract  of 
ing  to  John  Welden,  his  heirs,  or  assigns,  before  the  recorder  of  laud  '™ 

titles  at  .St.  Louis,  all  his  right  and  claim  to  the  like  quantity  of  land, 


432  MISSOURI. 

confirmed  to  the  said  John  Welden,  within  the  boundaries  of  his  origi- 
nal grant ;  and  the  Commissioner  of  the  General  Land  Office,  upon  a 
duly  certified  copy  of  such  relinquishment  being  presented  to  him, 
together  with  a  plat  and  survey  of  said  land,  duly  and  regularly  made, 
shall  issue  a  patent  therefor. 


May  26,  1830.  No.  1013.— AN  ACT  to  confirm  the  claim  of  Isidore  Moore,  of  Missouri. 

Vol.  6,  JK  426^      £e  it  0nact€dt  fc^  That  the  claim  of  ignore  Moore,  of  Perry  County, 

Claim  to  c  er'  Missouri,  to  five  hundred  arpens  of  land,  at  the  place  where  he  now  re- 
tain land  confirm  8j(}ef>j  a8  assignee  of  Thomas  Fenwick,  under  a  concession,  granted  by 
Zenon  Trndeau,  late  lieutenaut-goveruor  of  Upper  Louisiana,  dated  the 
first  day  of  June,  one  thousand  seven  hundred  and  ninety-seven,  be,  and 
the  same  is  hereby,  confirmed  ;  and  the  proper  surveyor  of  the  United 
States  shall  survey  the  said  claim,  so  as  to  include  the  improvements  of 
the  said  Isidore  Moore,  as  nearly  in  the  centre  of  the  tract  as  the  situa 
tion  of  other  private  claims  may  admit;  and,  upon  presentation  of  an 
authentic  copy  of  such  survey  to  the  General  Land  Office,  a  patent  shall 

Proviso.  be  issued  to  the  said  Isidore  Moore,  for  the  land  so  surveyed  :  Provided, 

That  this  act  shall  not  affect  the  rights  of  any  other  individual  to  the 
same  grant  hereby  confirmed;  and  that,  if  any  part  of  .such  survey 
should  fall  upon  the  sixteenth  section,  reserved  for  township  schools, 
the  county  court  of  Perry  may  select  any  other  section,  or  part  of  a 
section,  in  the  same  township,  the  sale  of  which  is  authorized  by  law, 
and  enter  the  same  with  the  register  of  the  proper  land  office,  to  be  re- 
served for  the  use  of  schools  in  said  township,  instead  of  such  sixteenth 
section,  (a) 

(a)  See  Nos.  972,  988, 989,  995, 1016, 1093, 1114, 1142, 1145. 


May  26, 1830.  No'  10J  4.— AN  ACT  for  the  relief  of  Nancy  Moore. 

Vol.  6,  p.  427.        Be  it  enacted,  $c.,  That  Nancy  Moore,  of  the  county  of  St.  Charles, 
Authorized  to  State  of  Missouri,  is  hereby   authorized  to  relinquish  to  the  United 
relinquish  cer-  States,  the  northeast  quarter  of  section  number  thirty-six,  in  township 
tain  land,  and  to  forty-eight,  in  range  seven,  west,  entered  by  mistake  and  patented  to 
tract.  *  BT  sai(l  Nancy  Moore,  on  the  first  day  of  October,  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  nineteen ;  and  the  said  Nancy  shall  be, 
and  hereby  is,  authorized  to  select  any  other  quarter-section  of  land 
containing  one  hundred  and  sixty  acres,  from  any  lands  within  the  dis- 
trict of  St.  Louis  aforesaid,  which  may  be  subject  to  entry  at  private 
sale;  for  which  quarter -section,  when  entered,  a  patent  shall  issue  as 
in  other  cases. 


Jan.  19, 1831.       No.  1015.— AN  ACT  to  amend  an  act,  entitled  "An  act  to  provide  for  paying  to 
Vol.  4,  p.  432.         the  States  of  Missouri,  Mississippi,  and  Alabama,  three  per  centum  of  the  net  pro- 
ceeds  arising  from  the  sale  of  the  public  lands  within  the  same. 


States  of. Mis-      Be  u  enacte^  g.c >?  Thftt  Ro  much  of  an  ^  entitled  «An  act  -o 

pi  "and  Alalfama  ^or  Paying  *°  the  States  of  Missouri,  Mississippi,  and  Alabama,  three  per 
exonerated  from  centum  of  the  net  proceeds  arising  from  the  sale  of  the  public  lands 
obligation  to  ren- within  the  same,"  approved  the  third  of  May,  eighteen  hundred  and 
der  annu*!  a  c '  twenty-two,  as  requires  an  annual  account  of  the  application  of  the  said 
;0  '  three  per  centum,  to  be  transmitted  to  the  Secretary  of  the  Treasury, 

be,  and  the  same  is  hereby  repealed,  (a.) 
(c)  See  Nos.  989, 993, 1103. 


Jan.  27, 1831.       No.  1016.— AN  ACT  further  supplemental  to  the  act  entitled  "An  act  making 
Vol.  4,  p.  435.          further  provisions  for  settling  the  claims  to  land,  in  the  Territory  of  Missouri, 
passed  the  thirteenth  day  of  June,  one  thousand  eight  hundred  and  twelve. 

The  United     Be  it  enacted,  $°c.}  That  the  United  States  do  hereby  relinquish  to  the 

States  to   relin-  inhabitants  of  the  several  towns  or  villages  of  Portage  des  Sioux,  Saint 

nghts. C  6        ' D  Charles,  Saint  Louis,  Saint  Ferdinand,  Villa  a  Robert,  Caroudelet,  Saint 

Genevieve,  New  Madrid,  New  Bourbon,  and  Little  Prairie,  in  the  State 

of  Missouri,  all  the  right,  title,  and  interest  of  the  United  States  in  and 

to  the  town  or  village  lots,  out-lots,  common-field  lots,  and  commons 


MISSOURI.  433 

in,  adjoining  and  belonging  to,  the  said  towns  or  villages,  confirmed  to 
them  respectively,  by  the  first  section  of  the  act  of  Congress,  entitled 
"An  act  making  further  provision  for  settling  the  claims  to  land  in 
the  Territory  of  Missouri,"  passed  the  thirteenth  day  of  Juno,  one  thou- 
sand eight  hundred  and  twelve,  to  be  held  by  the  inhabitants  of  the 
said  towns  and  villages,  in  full  property,  according  to  their  several  rights 
therein,  to  be  regulated  or  disposed  of  for  the  use  of  the  inhabitants, 
according  to  the  laws  of  the  State  of  Missouri,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  United  States  do  hereby     United    States 
relinquish  all  their  right,  title,  and  interest,  in  and  to  the  town  and  to  relinquish  all 
village  lots,  out-lots,  and  common-field  lots,  in  the  State  of  Missouri,  re-  SJJwoii    '     m 
served  for  the  support  of  schools,  in  the  respective  towns  and  villages 
aforesaid,  by  the  second  section  of  the  above-recited  act  of  Congress  ; 
and  that  the  same  shall  be  sold  or  disposed  of,  or  regulated  for  the  said 
purposes,  in  such  manner,  as  may  be  directed  by  the  legislature  of  said 
State.  (&) 

(a)  See  Nos.  972,  999, 1119, 1143. 

(b)  See  Noa.  972, 988,  989,  995, 1013, 1093, 1114,  1142, 1145. 


No.  lOiy.— AN  ACT  for  the  relief  of  certain  holders  of  certificates  issued  in  lieu     March  2, 1831. 
of  lands  injured  by  earthquakes  in  Missouri.  Vol.  4,  p.  482. 


Be  it  enacted,  $c,,  That  the  legal  owners  of  any  certificates  of  new     Owners  of  cer- 
location  issued  under  the  act  of  seventeenth  February,  one  thousand  tificates    author- 
eight  hundred  and  fifteen,  for  the  relief  of  persons  whose  lands  were  JJJJe  ™n    jjjjjg 
injured  by  earthquakes  in  Missouri,  which  may  have  been  located  upon  subject  to  private 
lands,  any  part  of  which  has  been  adjudged  to  any  person  or  persons  as  entry. 
a  right  of  pre-emption,  shall  be  authorized  to  locate  such  warrants,  up- 
on such  lands  as  are  liable  to  entry  at  private  sale,  Provided,  That  pre-     Proviso, 
vious  to  making  such  new  location,  the  legal  owners  aforesaid  shall 
relinquish  to  the  United  States  all  claim  to  the  previous  location,  And    Proviso. 
provided  further,  That  such  locations  shall  be  made  and  patents  issued 
therefor,  under  the  same  regulations  and  restrictions,  as  if  the  locations 
had  been  made  under  the  provisions  of  the  second  section  of  the  act  of 
the  twenty-sixth  April,  one  thousand  eight  hundred  and  twenty-two 
entitled  "An  act  to  perfect  certain  locations  and  sales  of  the  public 
lands  in  Missouri." 

SEC.  2.  And  le  it  further  enacted,  That  this  act  shall  remain  in  force  for 
the  term  of  eighteen  months  from  the  passage  thereof,  (a) 

(a)  See  Nos.  977,  985,  992, 1004, 1117. 


No.  1018.— AN  ACT  to  create  the  office  of  surveyor  of  the  public  lands  for  the     March  3, 1831. 
State  of  Louisiana.  Vol.  4,  p.  492. 


SEC.  8.  And  be  it  further  enacted,  That  the  legislature  of  the  State  of    Legislature  au- 
Missouri  be,  and  is  hereby  authorized  to  sell  and  convey  in  fee-simple  Jnd^onvey  lands 
all  or  any  part  of  the  lands  heretofore  reserved  and  appropriated  by  reserved  for  sem- 
Congress  for  the  use  of  a  seminary  of  learning  in  said  State,  and  to  inary. 
invest  the  money  arising  from  the  sale  thereof  in  some  productive  fund, 
the  proceeds  of  which  shall  be  for  ever  applied  by  the  legislature  of 
said  State,  solely  to  the  use  of  such  seminary,  and  for  no  other  use  or 
purpose  whatsoever,  (a)    And  that  the  legislature  of  said  State  of  Mis- 
souri shall  be,  and  is  hereby  authorized  to  sell  and  convey  in  fee-simple    Legislature  au- 
all  or  any  part  of  the  salt  springs  not  exceeding  twelve  in  number,  and  thorized  to  sell 
six  sections  of  land  adjoining  to  each,  granted  to  said  State  by  the  Jrfn^aSa  ^Jj. 
United  States  for  the  use  thereof,  and  selected  by  the  legislature  of  said  jacent  lands  here- 
State,  on  or  before  the  first  day  of  January,  one  thousand  eight  hundred  tofore  reserved. 
and  twenty-five,  and  to  invest  the  money  arising  from  the  sale  thereof 
in  some  productive  fund,  the  proceeds  of  which  shall  be  for  ever  applied 
under  the  direction  of  said  legislature,  for  the  purpose  of  education  in 
said  State,  and  for  no  other  use  or  purpose  whatsoever.  (6) 

(a)  See  Nos.  983, 989, 1003. 

(6)  See  Nos.  989,  995, 1009. 

28  L  O— -VOL  II 


434  MISSOURI. 

May  22, 1832.      No.  1 0 1 9 — Al-f  ACT   *    *    *    to  remove  the  land  office  from  Franklin  to  Fayette, 
VoL  4,  p.  517.  in  the  State  of  Missouri. 


[>v-f  MISSISSIPPI,  No.  1349.] 


July  9, 1832.          No.  1020.— AN  ACT  for  the  final  adjustment  of  private  land  claims  in  Missouri. 
Be  it  enacted,  #c.,  That  it  shall  be  the  duty  of  the  recorder  of  land 


All  unconfinn-  titles  in  the  State  of  Missouri  and  two  commissioners  to  be  appointed 
bo  examined3      bv  the  President  of  the  United  States,  by  and  with  the  advice  and  con- 
sent of  the  Senate,  to  examine  all  the  unconfirmed  claims  to  land  in 
that  State,  heretofore  filed  in  the  office  of  the  said  recorder,  according  to 
law,  founded  upon  any  incomplete  grant,  concession,  warrant,  or  order 
of  survey,  issued  by  the  authority  of  France  or  Spain,  prior  to  the  tenth 
day  of  March,  one  thousand  eight  hundred  and  four;  and  to  class  the 
Claims    to    be  same  so  as  to  show,  first,  what  claims,  in  their  opinion,  would  in  fact 
classed,  &c.          have  been  confirmed,  according  to  the  laws,  usages,  and  customs  of  the 
Spanish  Government,  and  the  practice  of  the  Spanish  authorities  under 
them,  at  Xew  Orleans,  if  the  government  under  which  said  claims  orig- 
inated had  continued  in  Missouri ;  and  secondly  what  claims,  in  their 
opinion,  are  destitute  of  merit,  in  law  or  equity,  under  such  laws,  usages, 
customs,  and  practice  of  the  Spanish  authorities  aforesaid ;  and  shall 
also  assign  their  reasons  for  the  opinions  so  to  be  given.     And  in  exam- 
ining and  classing  such  claims,  the  recorder  and  commissioners  shall 
take  into  consideration,  as  well  the  testimony  heretofore  taken  by  the 
boards  of  commissioners  and  recorder  of  laud  titles  upon  those  claims, 
as  such  other  testimony  as  may  be  admissible  under  the  rules  heretofore 
f      tak  existmg  f°r  taking  such  testimony  before  said  boards  and  recorder:  and 
IM testimony:    "  ^  8uca  testimony  shall  be  taken  within  twelve  months  after  the  pas- 
sage of  this  act.  (a) 

Offi  c  e  of  re-     SEC.  2.  And  be  it  further  enacted,  That  the  oflfice  of  the  recorder  shall 

i  ^oi^two  be  open  for  tue  PurP°ses  of  such  examination  for  the  term  of  two  years 

years.  from  the  date  of  the  organization  of  the  board  of  commissioners  and 

Recorder,  &c.,  no  longer;  and  the  recorder  and  commissioners  shall  proceed  in  the  ex- 

to  proceed  &c.      animation  in  a  summary  manner,  with  or  without  any  new  application 

clJrim^t^bYiaid0*  the  claimants ;  and  shall,  at  the  commencement  of  each  session  of 

before     commis-  Congress  during  said  term  of  examination,  lay  before  the  Commissioner 

sioner,  and  p  r  e-  of  the  General  Land  Office  a  report  of  the  claims  so  classed,  stating 

sented  to  C  o  n-  therein  the  date  and  quantity  of  each,  whether  there  be  any,  and  what, 

conflicting  claims,  and  the  evidence  upon  which  each  claim  depends, 

and  the  authority  and  power  under  which  the  said  claim  was  granted 

by  the  Spanish  or  French  governor,  commandant  or  sub-delegate,  to 

be  laid  before  Congress  for  their  final  decision  upon  the  claims  contained 

in  such  first  class.  (&) 

Provisions  re-     SEC.  3.  And  be  it  further  enacted,  That  from  and  after  the  final  report 
latrta?  Tano?  °f  of  tne  recor(ler  an(1  commissioners,  the  lauds  contained  in  the  second 
class  shall  be  subject  to  sale  as  other  public  lands ;  and  the  lands  con- 
tained in  the  first  class  shall  continue  to  be  reserved  from  sale  as  here- 
tofore, until  the  decision  of  Congress  shall  be  made  thereon ;  and  if  the 
decision  of  Congress  shall  be  against  the  claims,  or  any  of  them,  the 
lands  so  decided  against  shall  be,  in  like  manner,  subject  to  sale  as  other 
Proviso.  public  lands :  Provided,  That  actual  settlers  being  housekeepers  upon 

such  lands  as  are  rejected,  claiming  to  hold,  under  such  rejected  claim, 
or  such  as  may  waive  their  grant,  shall  have  the  right  of  pre-emption  to 
enter  within  the  time  of  the  existence  of  this  act  not  exceeding  the 
quantity  of  their  claim,  which  in  no  case  shall  exceed  six  hundred  and 
forty  acres,  to  include  their  improvements,  who  shall  give  notice  and 
prove  their  right  of  pre  eruption,  and  in  all  things  conform  to  the  regu- 
lations as  have  been  or  may  be  prescribed  by  the  Secretary  of  the  Treas- 
ury under  the  existing  laws  relative  to  pre-emption ;  and  it  shall  be  the 
duty  of  the  Secretary  of  the  Treasury  immediately  to  forward  to  the 
several  land  offices  in  said  State,  the  manner  in  which  all  those  who  may 
wish  to  waive  their  several  grants  or  claims,  and  avail  themselves  of 
the  right  of  pre-emption,  shall  renounce  or  release  their  said  grants,  (c) 
Pay  of  record-     SEC.  4.  And  be  it  further  enacted,  That  the  recorder  and  commissioners 
er  and  commis-  shall  each  receive  the  sum  of  fifteen  hundred  dollars  per  annum,  to  be 
8Sftert)reiermav  Paid  quarter- yearly  by  the  United  States,  in  full  compensation  for  their 
be  employed.        services  under  this  act ;  and  may,  when  necessary,  employ  an  interpreter 


MISSOURI.  435 

of  the  French  or  Spanish  language,  for  a  reasonable  compensation,  to 
be  allowed  by  the  Secretary  of  the  Treasury,  and  paid  by  the  United 

States. 

******* 

(a)  See  Nos.  722,  728,  957,  967,  972,  973,  974,  976,  980,  988,  998, 1002,  1007,  1024,  1041,  1063, 

1067, 1102, 1104, 1106, 1107, 1124, 1139, 1143. 
(6)  See  Nos.  189,  701,  972,  973,  974,  977, 1024, 1143,  1149. 
(c)  See  Nos.  729,  981,  983,  997, 1007, 1009, 1010, 1028, 1083, 1086, 1096, 1110, 1115,  1120, 1121, 

1135. 


No.  1021.— AN  ACT  to  provide  for  the  extinguishment  of  the  Indian  title  to  lands     July  14,  1832. 
lying  in  the  States  of  Missouri  and  Illinois,  and  for  other  purposes.  Vol.  4,  p.  594. 

Be  it  enacted,  tyc.,  That  the  sum  of  forty-six  thousand  dollars  be,  and     Appropriation 
the  same  is  hereby  appropriated,  to  be  applied,  under  the  direction  of  f  o  r  extinguish- 
the  President,  to  the  extinguishment  of  the  title  of  the  Kickapoos,  ment  of  Indian 
Shawanees,  and  Delawares,  of  Cape  Girardeau,  to  lands  lying  in  the^16  to  .land,8  ,™ 
State  of  Missouri;  and  of  the  Piankashaws,  Weas,  Peorias,  and  Kas-HT 
kaskias,  to  lands  lying  in  the  State  of  Illinois ;  and,  for  the  purpose  of 
defraying  all  the  expenses  of  treating  with,  removing,  and  subsisting, 
said  Indians  for  one  year;    for  an   additional  compensation  to  'the    Annuity  to  the 
Shawnee  Indians  for  their  reservation  at  Wapaughkonitta,  in  Ohio,  an  Shawnees,  &c. 
annuity  of  two  thousand  dollars  per  annum,  for  fifteen  years ;  and, 
also,  the  sum  of  three  thousand  dollars  to  defray  the  expenses  of  pro- 
curing the  assent  of  the  Menominee  Indians,  to  the  treaty  between 
them  and  the  United  States,  which  was  provisionally  ratified  during 
the  present  session  of  Congress. 


No.  1022.— AN  ACT  for  the  relief  of  Archibald  Gamble.  Jan.  28,  1833. 

Be  it  enacted,  #c.,  That  the  heirs  or  assigns  of  John  B.  Thibault,     Vol-6.P-529. 
who  are  entitled  to  a  New  Madrid  certificate,  numbered  three  hundred     May  change 
and  thirty- three,  for  four  hundred  and  eighty  acres,  heretofore  entered  the  location  of  a 
in  township  number  forty-six,  range  six,  east  of  the  fifth  principal  New  Madrid  cer- 
meridian,  be,  and  are  hereby,  authorized  to  enter  four  hundred  and  tlficate  of  land- 
eighty  acres  of  land  on  any  of  the  public  lauds  in  the  State  of  Missouri, 
the  sale  of  which  is  authorized  by  law  :  Provided,  That  the  said  heirs     Proviso, 
or  representatives  of  said  John  B.  Thibault,  so  entitled  as  aforesaid,  be- 
fore making  said  location  or  entry,  shall  execute  a  release  to  the  United 
States  for  all  claim  and  right  to  the  laud  upon  which  said  certificate 
has  been  heretofore  entered. 


No.  1023.—  AN  ACT  for  the  relief  of  Peter  McCormick.  Jan.  28,  1833. 

Be  it  enacted,  <fc.,  That  Peter  McCormick  be  confirmed  in  and  to  a 


tract  of  land  containing  six  hundred  and  forty  acres,  lying  in  the  dis-  Land  claim 
trict  of  St.  Genevieve,on  the  river  Platm,  to  be  surveyed  so  as  to  in-  confirmed. 
elude  the  land  within  the  limits  of  the  original  survey  made  for  him  by 
Thomas  Maddin,  on  the  eighth  of  February,  one  thousand  eight  hun- 
dred and  six,  and  which  was  filed  before  the  board  of  commissioners 
for  said  district,  in  one  thousand  eight  hundred  and  six;  and  upon 
,  which  said  board  of  commissioners,  on  the  thirtieth  of  September,  one 
thousand  eight  hundred  and  eleven,  confirmed  said  claim  for  four  hun- 
dred and  fifty  arpens  of  land,  in  the  same  manner,  and  upon  the  same 
terms,  as  if  his  claim  thereto  had  been  confirmed  by  the  board  of  com- 
missioners, for  six  hundred  and  twenty-  four  arpens  :  Provided,  That  Proviso. 
this  act  shall  only  operate  as  a  relinquishment  on  the  part  of  the  United 
States,  to  any  claim  they  may  have  to  the  same  ;  and  that  the  same 
shall  not  interfere  to  or  with  the  rights  of  other  persons  claiming  title 
thereto. 

No.  1024.—  AN  ACT  supplemental  to  the  act  entitled  "An  act  for  the  final  adjust-     March  2,  1833. 
ment  of  land  claims  in  Missouri."  Vol.  4,  p.  661. 


Beit  enacted,  #c.,  That  the  provisions  of  the  act  to  which  this  is  a     Provisions  of 
supplement,  shall  be  extended  to  and  embraced  hi  its  operations,  every  act  extended, 
claim  to  a  donation  of  land  in  the  State  of  Missouri,  held  in  virtue  of 
settlement  and  cultivation ;  and  the  commissioners  appointed  under 
the  above-recited  act,  shall  proceed  to  consider,  decide,  and  report  upon 
the  aforepaid  claims,  under  the  provisions  of  the  several  acts  of   Con- 
gress heretofore  passed  in  relation  to  said  claims,  and  under  such  pro- 


436 


MISSOURI. 


Testimony 


visions  and  restrictions  of  the  act  to  which  this  is  a  supplement,  as  may 
be  applicable  thereto,  (a) 

to  SEC.  2.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 
the  recorder  and  commissioners  aforesaid,  to  continue  to  take  the  testi- 
mony of  all  such  claims  as  heretofore  described,  for  and  during  the 
term  of  two  years,  from  the  date  of  the  act  to  which  this  is  a  supple- 
ment, any  law  to  the  contrary  notwithstanding.  (&) 

(a)  See  Xos.  722,  72=>,  957,  967,  972,  973,  974,  976,  980,  988,  998,  1002,  1007,  1020,  1041,  1063, 
1067,  1102.  1104,  1106,  1107,  1124,  1139,  1143. 

(6)  See  Xos.  189,  701,  972,  973,  974,  977,  1020,  1143,  1149. 


March  24,  1834. 
Vol.  6,  p.  556. 

A   section  o 
land  granted. 

Proviso. 


No.  1025.—  AX  ACT  for  the  relief  of  the  widow  and  heirs  of  Felix  St  Vrain. 
£e  it  enacted,  $c.,  That  there  be,  and  is  hereby,  granted  to  the  widow 
neir8  of  tne  late  Felix  St.  Vrain,  of  Missouri,  six  hundred  and  forty 
acres  of  land,  to  be  selected  by  them  within  the  State  of  Missouri,  either 
in  an  entire  section,  or  in  tracts  not  less  than  one  quarter-section,  and 
entered  in  the  proper  land  office  in  said  State  :  Provided,  Said  land  be 
subject  to  entry  at  private  sale,  and  not  settled  upon  or  occupied  by 
any  other  person. 

Certificate  and  SEC.  2.  And  be  it  further  enacted,  That  on  the  application  of  the  said 
patent  to  issue.  widow  ami  heirs  or  their  duly  authorized  agent,  to  the  register  and  re- 
ceiver of  the  proper  laud  office,  and  on  payment  of  one  dollar  for  each 
tract  so  entered,  a  final  certificate  shall  be  given  for  the  same,  upon 
which,  a  patent  from  the  United  States  to  the  paid  widow  and  heirs  of 
Felix  St.  Vrain  shall  be  issued. 


May  14,  1834.  No.  1026.—  AX  ACT  for  the  relief  of  Coleman  Fisher. 

Vol.  6,  p.  561.  Be  it  enacted)  ^  That.  Coleman  Fisher,  of  the  city  of  Philadelphia, 
May  withdraw  or  his  agent  duly  authorized,  shall  be,  and  he  hereby  is,  permitted  and 
a  land  certificate  allowed  to  withdraw  a  New  Madrid  certificate,  numbered  three  hun- 
locate  other  dred  and  thirty  eight,  issued  by  Frederick  Bates,  recorder  of  land  titles 
for  the  Missouri  Territory,  dated  sixteenth  October,  one  thousand  eight 
hundred  and  seventeen,  and  now  on  file  in  the  office  of  the  surveyor  of 
public  lands  in  Illinois,  Missouri,  and  Arkansas,  for  six  hundred  and 
forty  acres  ;  which  said  certificate  had  been  located  on  six  hundred  and 
forty  acres  of  land  near  the  village  of  Carondelet,  and  the  location  made 
by  Ashley  and  Brown,  as  the  legal  representatives  of  Benjamin  Patter- 
son, senior  ;  and  to  locate,  by  virtue  of  the  same,  six  hundred  and  forty 
acres  of  land  on  any  other  public  lands  of  the  United  States,  subject  to 
entry  ;  and,  on  presentation  of  a  certificate  therefor,  from  the  register 
of  the  proper  land  office  to  the  Commissioner  of  the  General  Land 
Office,  a  patent  shall  issue  for  the  same,  in  due  form,  Provided  however, 
That,  previous  to  withdrawing  said  certificate,  the  said  Coleraan  Fisher, 
by  himself,  or  his  agent  duly  authorized,  shall  release  to  the  United 
States  all  claim  or  right  to  the  lands  heretofore  located  by  virtue  of  said 
certificate,  and  which  release  shall  be  returned,  with  the  certificate 
aforesaid,  to  the  General  Land  Office,  before  a  patent  shall  issue  for  the 
land  lastly  so  located. 


Proviso. 


June  18,  1834.  No.  1O27.—  AX  ACT  granting  the  right  of  pre-emption  to  John  Yantis. 

Yol.  6,  p.  563.       ge  it  enacf€(^  fCtf  That  John  Yantis  be,  and  he  is  hereby,  entitled  to  a 
Pre-empt  ion  preference  in  becoming  the  purchaser,  at  private  sale,  of  fractional  sec- 
right  granted  to  tion  number  thirty,  in  township  number  fifty-one,  north  of  the  base 
hi™-  line  of  range  number  twenty-five,  west  of  the  fifth  principal  meridian, 

containing  twenty  acres  and  fifty  -one  hundredths,  at  the  minimum  price 
Proviso.  of  the  public  lands  :  Provided,  Said  land  shall  not  have  been  previously 

sold  by  the  United  States. 


June  26, 1834. 
Vol.  4,  p.  686. 

Land  office 


No.  1028.— AX  ACT  to  create  additional  land  districts  in  the  States  of  Illinois  and 
Missouri,  and  in  the  Territory  north  of  the  State  of  Illinois. 

*»#**** 

SEC.  5.  And  be  it  further  enacted,  That  so  much  of  the  public  lands  of 
the  United  States,  in  the  State  of  Missouri,  as  lies  west  of  the  range  line 
between  ranges  ten  and  eleven  west  of  the  fifth  principal  meridian,  and 
south  of  the  line  dividing  townships,  numbers  forty  and  forty-one  north 
of  the  base  line,  shall  form  a  new  land  district,  to  be  called  the  south- 


MISSOURI.  437 

western  land  district  ;  and  for  the  sale  of  the  public  lands  within  the 
district  aforesaid,  there  shall  he  a  land  office  established  at  such  place 
within  said  district  as  the  President  of  the  United  States  may  desig- 
nate. 

SEC.  6.  And  be  it  further  enacted,  That  there  shall  he  a  register  and    Eegister  and 
receiver  appointed  to  said  office,  to  superintend  the  sale  of  public  land  receiver. 
in  said  district,  who  shall  reside  at  the  place  where  said  office  is  estab- 
lished, give  security  in  the  same  manner  and  sums,  and  whose  compen- 
sation, emoluments,  duties,  and  authorities,  shall  in  every  respect  be  the 
same  in  relation  to  lands  to  be  disposed  of  at  said  office,  as  are,  or  may 
be,  by  law  provided,  in  relation  to  the  registers  and  receivers  of  pub- 
lic money  in  the  several  offices  established  for  the  sale  of  the  public 
lauds,  (a) 

SEC.  7.  And  le  it  further  enacted,  That  all  such  public  lauds  embraced     Lands  not  dis- 
within  the  district  created  by  this  act,  which  shall  have  been  offered  Bc^sale  ma    be 


may  be 

for  sale  to  the  highest  bidder  at  the  several  land  offices,  at  Jackson,  entered  and  sold 
Franklin,  Fayette,  and  Lexington,  pursuant  to  any  proclamation  of  the  at  private  sale. 
President  of  the  United  States,  and  which  lands  remain  unsold  at  the 
taking  effect  of  this  act,  shall  be  subject  to  be  entered  and  sold  at  pri- 
vate sale,  by  the  proper  officers  of  the  office  hereby  created,  in  the  same 
manner  and  subject  to  the  same  terms,  and  upon  like  conditions,  as  the 
sale  of  said  land  would  have  been  subject  to,  in  the  said  several  land  offices 
hereinbefore  mentioned,  had  they  remained  attached  to  the  same:  Pro-     proviso. 
vided,  That  nothing  in  this  act  shall  be  so  construed  as  to  permit  the 
officers  appointed  in  either  of  the  foregoing  land  districts  to  receive 
compensation  out  of  the  Treasury  of  the  United  States.  (&) 

(a)  See  Nos.  983,  994,  997,  1001,  1019,  1064,  1076,  1079,  1095. 

(b)  See  Nos.  729,  981,  983,  997,  1007,  1009,  1010,  1020,  1083,  1086,  1096,  1110,  1115,  1120,  1121, 

1135. 

No.  1029.—  AN  ACT  confirming  to  Gilbert  Hodges,  his  heirs  or  legal  repreaenta-  June  30,  1834. 
tives,  and  to  Henry  Masters,  his  heirs  or  legal  representatives,  certain  lands  in  the  VoL  6,  p.  580. 
State  of  Missouri.  __  -  _ 


Be  it  enacted,  $-c.,  That   Gilbert  Hodges,  his  heirs  or  assigns  be,  and     G.  Hodges  au- 
are  hereby  authorized  to  enter  six  hundred  and  forty  acres  of  land  with-  tborized  to  enter 
out  payment  on  any  lands  of  the  United  States  according  to  sectional  a  ^ct  of  April29 
lines,  in  the  State  of  Missouri,  subject  to  sale  by  private  entry  in  lieu  of  igie. 
the  like  quantity  of  land  confirmed  to  said  Hodges  by  act  of  Congress 
of  twenty-ninth  April  one  thousand  eight  hundred  and  sixteen,  entitled 
"An  act  for  the  confirmation  of  certain  claims  to  lands  in  the  western 
district  of  the  State  of  Louisiana,  and  in  the  Territory  of  Missouri,"  but 
which  has  been  lost  by  the  interference  of  prior  claims. 

SEC.  2.  And  be  it  further  enacted,  That  Henry  Masters,  his  heirs  and     H.  Masters  au- 
legal  representatives  be,  and  are  hereby  authorized  to  enter  six  hundred  thorized  to  enter 
and  forty  acres  of  land  without  payment  on  any  lands  of  the  United  a  tract 
States  in  the  State  of  Missouri,  subject  to  sale  by  private  entry,  in  lieu 
of  the  like  quantity  confirmed  to  said  Masters,  by  the  act  aforesaid,  but 
which  has  been  lost  by  the  interference  of  a  donation. 

No.  1030.— AN  ACT  for  the  relief  of  George  Gordon,  assignee  and  representative     June  30, 1834. 
of  the  heirs  of  Matthew  Kamey,  deceased.  Vol.  6,  p.  598. 

Be  it  enacted,  #c.,  That  George  Gordon,  as  assignee  and  representative    T  pn(i  claim 
of  the  heirs  of  Matthew  Ramey  deceased,  be,  and  he  is  hereby,  con-  confirmed    ' 
firmed  in  his  claim  to  a  settlement  right  to  a  tract  of  six  hundred  and 
forty  acres  of  land,  situated  on  a  branch  of  the  river  Despres,  ten  or  twelve 
miles  west  of  St.  Louis,  and  embraced  in  a  tract  of  land  which  was  sur- 
veyed for  Matthew  Ramey  and  to  be  located  in  such  manner  as  to  em- 
brace the  improvements  made  by  the  said  George  Gordon :  Provided,    Proviso. 
That  this  act  shall  be  considered  only  as  a  relinquishment  of  the  title  on 
the  part  of  the  United  States,  and  not  prejudicial  to  the  rights  of  third 
persons. 

No.  1031.— AN  ACT  for  the  relief  of  John  Wilson.  June  30, 1834, 

Be  it  enacted,  #c.,  That  to  correct  an  error  in  the  proceedings  of  the     Vo1-  6»  P- 603> 
late  board  of  commissioners  appointed  to  examine  and  adjust  private     ^^^ 
land  claims  in  Missouri,  John  Wilson  be,  and  he  is  hereby,  confirmed  in  firmed, 
his  title  to  six  hundred  and  twenty-two  acres  of  land,  situate  in  town- 


438  MISSOURI. 

ship  number  forty-two  north,  of  range  five  east,  of  the  fifth  principal 
meridian,  instead  of  six  hundred  and  twenty-two  arpens,  adjudged  to 
him  by  the  board  of  commissioners  aforesaid. 


Feb. 6, 1835.  No.  1032.— AN  ACT  for  the  relief  of  Colonel  John  Eugene  Leitensdorfer. 

Be  it  enacted,  #c.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 


Land  warrant  directed  to  issue  a  land  warrant  to  Colonel  John  Eugene  Leitensdorfer, 

to  issue  to  him.    for  three  hundred  and  twenty  acres  j  which  warrant  may  be  located 

with  any  register  of  the  land  offices  in  the  State  of  Missouri,  on  any 

public  laud  subject  to  entry  at  private  sale,  and  the  said  location  may 

be  made  in  parcels,  conformable  to  sectional  subdivisions,  (a) 

*  *  *  *  •  •  * 

(a)  See  No.  970. 


March  3,  1835.  No.  1 033.— AN  ACT  for  the  relief  of  David  Kincaid. 

Be  it  enacted,  $-c.,  That  David  Kincaid  be  confirmed  in  his  title  to  five 


Land  title  con-  hundred  arpens  of  land,  situate  in  the  forks  of  the  river  Chorette,  dis- 
trict of  St.  Charles,  being  that  lot  of  land  claimed  by  the  said  David 
Kincaid,  under  a  special  permission  to  settle  a  concession  from  Charles 
Dehault  Delassus,  lieutenant  governor,  &c..  dated  fourteenth  January, 
eighteen  hundred  and  three ;  and  that  a  patent  issue  in  the  usual  form 

Proviso.  for  the  same :  Provided,  That  this  act  shall  only  operate  as  a  relinquish- 

ment,  on  the  part  of  the  United  States,  of  all  their  right  and  claim  to 
the  above-described  lot  of  land,  and  shall  not  be  considered  as  interfer- 
ing with  the  rights  of  third  persons. 


June  7,  1836.      No.  1034.— AN  ACT  to  extend  the  western  boundary  of  the  State  of  Missouri  to 
Vol.  5,  p.  34.  the  Missouri  River. 


The  western     Be  it  enacted,  #c.,  That  when  the  Indian  title  to  all  the  lands  lying 
boundary  of  the  between  the  State  of  Missouri  and  the  Missouri  River  shall  be  extin- 
State  extended.    gui8hed,  the  jurisdiction  over  said  lands  shall  be  hereby  ceded  to  the 
State  of  Missouri,  and  the  western  boundary  of  said  State  shall  be  then 
extended  to  the  Missouri  River,  reserving  to  the  United  States  the 
original  right  of  soil  in  said  lands,  and  of  disposing  of  the  same :  Pro- 
Proviso,  vided,  That  this  act  shall  not  take  effect  until  the  President  shall  by 
proclamation,  declare  that  the  Indiao  title  to  said  lands  has  been  extin- 
guished ;  nor  shall  it  take  effect  until  the  State  of  Missouri  shall  have 
assented  to  the  provisions  of  this  act.  (a) 

(a)  See  Nos.  971,  989,  990,  991,  1043,  1045,  1068,  1071,  1076. 

June  23,  1836.  No.  1035.— AN  ACT  for  the  relief  of  David  Browning. 

'  p' '—     Be  it  enacted  #c.,  That  David  Browning  be,  and  he  is  hereby,  author- 
May  relinquish  ized  to  relinquish  to  the  United  States,  in  such  form  as  the  Commis- 
a  d^nt  r  amrth  8^oner  °^  *ne  General  Land  Office  shall  prescribe,  the  southeast  quarter 
er  in  lieu  thereof!  °^  ^e  northeast  quarter  of  section  number  twenty,  and  township  num- 
her  forty-nine,  north  of  the  base  line,  range  number  two,  east  of  the  fifth 
principal  meridian,  in  the  district  of  lands  now  offered  for  sale  at  Pal- 
myra, in  the  State  of  Missouri ;  and  upon  such  relinquishment  being 
made  as  aforesaid,  the  said  Browning  shall  be,  and  he  is  hereby,  au- 
thorized to  enter  any  other  quarter  quarter-section  of  land  in  the  said 
district,  which  shall  be  liable  to  entry  at  private  sale. 


July  1,  1836.       No.  1036.— AN  ACT  authorizing  the  Commissioner  of  the  General  Land  Office,  to 
Vol.  6,  p.  660.  issue  to  David  J.  Talbot,  a  patent  for  a  quarter- section  of  land  in  Missouri. 


Land  patent  to  Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Laud  Office 
issue  to  him.  "be,  and  he  hereby  is,  authorized  and  directed  to  issue  to  David  J.  Tal- 
bot, of  Missouri,  a  patent  for  the  northwest  quarter-section  of  section 
twenty- five,  township  forty-six,  north  of  the  base  line,  and  range  five, 
west  of  the  fifth  principal  meridian,  in  Missouri,  in  conformity  with  the 
entry  heretofore  made  by  the  said  David  J.  Talbot,  as  assignee  of  Haile 


MISSOURI.  439 

Talbot,  in  tho  land  office  of  St.  Louis,  Missouri :  Provided,  however,  That  Proviso, 
the  said  David  J.  Talbot,  before  the  issuing  of  said  patent,  procure  to  be 
surrendered  to  the  United  States,  at  the  General  Land  Office,  to  be  can- 
celled, the  patent  for  the  same  quarter-section  which,  erroneously  and 
by  mistake,  was  issued  to  one  Robert  Wash,  upon,  the  New  Madrid  claim 
of  one  Peter  Perron,  and  which  the  said  Robert  Wash  is  hereby  author- 
ized to  surrender  accordingly. 

No.  1037.— AN  ACT  for  the  relief  of  John  Howell.  July  2,  1836. 

Be  it  enacted.  <$-c.,  That  John  Howell  be,  and  he  is  hereby,  confirmed       °  •   >  P- 


in  his  title  to  a  tract  of  land,  containing  six  hundred  and  forty  acres,  Land  claim 
claimed  by  virtue  of  a  settlement  made  thereon  in  the  year  one  thousand  confirmed, 
eight  hundred  and  two,  situated  on  the  river  Dardenne,  in  the  county 
of  Saint  Charles,  State  of  Missouri,  to  be  surveyed  in  a  square,  or  as 
near  as  may  be,  so  as  to  include  his  improvement ;  and  in  the  event  of 
there  not  being  unappropriated  public  land  adjoining  his  said  settle- 
ment sufficient  for  the  purpose,  then  the  deficiency  may  be  located  upon 
any  unappropriated  land  of  the  United  States  within  the  land  district 
embracing  said  tract,  subject  to  entry  at  private  sale. 


No.  1038.— AN  ACT  for  the  relief  of  the  legal  representatives  of  Nathaniel  Shaver,     July  2, 1836. 

deceased.  Vol.  6.  p.  675. 


Be  it  enacted;  <f  c.,  That  the  legal  representatives  of  Nathaniel  Shaver,  Authorized  to 
deceased,  to  whom  a  certificate  was  issued  by  the  recorder  of  land  titles  locate  a  tract  of 
at  St.  Louis,  Missouri,  pursuant  to  the  act  entitled  "An  act  for  the 
relief  of  the  inhabitants  of  the  late  county  of  New  Madrid,  in  the  Mis- 
souri Territory,  who  suffered  by  earthquakes,"  approved  the  seven- 
teenth of  February,  eighteen  hundred  and  fifteen,  for  four  hundred 
arpens,  or  three  hundred  and  forty  acres  and  twenty-eight  one-hun- 
dredths  of  an  acre  of  land,  and  whose  location  of  said  tract  ha,s  been 
found  deficient  by  the  quantity  of  one  hundred  and  fifty  acres  and 
forty-three  one  hundredths  of  an  acre,  be,  and  they  hereby  are,  au- 
thorized to  locate  one  quarter-section  on  any  of  the  public  lands  of 
the  United  States  within  the  State  of  Missouri  unappropriated  and 
subject  to  entry  at  private  sale. 


No.  1039.— AN  ACT  confirming  the  title  of  Joseph  Sorin,  alias  Larochelle,  and     July  2, 1836. 
those  claiming  under  him,  to  a  tract  of  land  in  Missouri.  Vol.  6,  p.  679. 


Be  it  enacted,  #c.,  That  the  title  of  Joseph  Sorin,  alias  Larochelle,     Land  title  con- 
and  those  claiming  under  him,  be,  and  the  same  is  hereby,  confirmed  firmed, 
to  a  tract  of  land,  two  arpents  in  front  by  forty  arpents  in  depth,  sit- 
uated in  the  second  line  of  concessions  or  grants  adjacent  to  the  city  of 
St.  Louis,  at  a  place  called  the  "  Cul  de  Sac,"  bounded  on  the  front  by 
the  west  line  of  the  forty  arpents  lots,  and  adjoining  at  its  western 
boundary  and  depth  to  the  "  Royal  Domain ;"  on  the  north  adjoining  to 
the  land  of  Madame  Camp  ;  and  on  the  south  to  that  of  M.  Yosti :  Pro-    Proviso. 
vided,  That  this  confirmation  shall  only  operate  as  a  relinquishment  on 
the  part  of  the  United  States  to  all  claim  in  and  to  the  said  land ;  but 
shall  not  affect  the  right  of  any  other  person  or  persons,  if  such  there 
be,  having  a  just  claim  to  the  said  land. 


No.  1040.— AN  ACT  for  the  relief  of  James  Baldridge. 

Be  it  enacted,  #c.,  That  James  Baldridge  be,  and  he  is  hereby,  con- 
firmed  in  his  title  to  a  tract  of  land  containing  six  hundred  and  forty  Land  title  con- 
acres, situated  on  the  river  Dardenne,  in  the  county  of  Saint  Charles, 
State  of  Missouri,  claimed  by  virtue  of  a  settlement  made  thereon  in 
the  year  eighteen  hundred  and  two,  to  be  surveyed  in  a  square,  or,  as 
near  as  may  be,  so  as  to  include  his  improvement ;  and  in  the  event  of 
there  not  being  sufficient  public  land  adjoining  said  improvement  upon 
which  to  make  such  survey,  then,  and  in  that  case,  the  deficiency  may 
be  located  upon  any  unappropriated  public  land  in  the  district  embrac- 
ing said  settlement,  in  legal  subdivisions,  subject  to  entry  at  private 


440  MISSOURI. 

July  4  1836        ^°'  1041.— AX  ACT  confirming  claims  to  laud  in  the  State  of  Missouri,  and  for 
VoL  5,  p  126.  otfaer  purposes. 

Decisions  of  ^e  (t  enacted>  $'c->  That  the  decisions  in  favor  of  land  claimants,  made 
the  recorder  con-  by  the  recorder  of  land  titles  in  the  State  of  Missouri,  and  the  two  com- 
firmecL  rnissioners  associated  with  him  by  virtue  of  an  act  entitled  "An  act  for 

the  final  adjustment  of  private  land  claims  in  Missouri,"  approved  July 
ninth,  eighteen  hundred  and  thirty-two,  and  an  act  supplemental 
thereto,  approved  March  second,  eighteen  hundred  and  thirty-three,  as 
entered  in  the  transcript  of  decisions  transmitted  by  the  said  recorder 
and  commissioners  to  the  Commiesioner  of  the  General  Land  Office,  and 
by  him  laid  before  Congress  at  the  two  last  and  present  sessions,  be, 
and  the  same  are  hereby,  confirmed,  saving  and  reserving,  however,  to 
all  adverse  claimants,  the  right  to  assert  the  validity  of  their  claims  in 
Proviso.  a  court  or  courts  of  justice :  Provided,  That  nothing  in  this  act  contained 

shall  apply  to,  or  be  in  confirmation  of  the  claim  of  Don  Carlos  D.  Vile- 
Proviso,  mont,  for  a  tract  of  land  at  Point  Chicot :  And  provided,  also,  That  noth- 
ing in  this  act  contained  shall  apply  to,  or  be  in  confirmation  of  the 
following  claims,  to  wit :  Manuel  Liza,  six  thousand  arpens ;  J.  Coontz, 
and  Hempstead,  four  hundred  and  fifty  arpens ;  Matthew  Saucier,  one 
thousand  two  hundred  arpens ;  Charles  Tayon,  one  thousand  six  hun- 
dred arpens ;  sons  of  Joseph  M.  Pepin,  five  thousand  six  hundred  arpens  ; 
Louis  Lorimiere,  thirty  thousand  arpens;  Bartholomew  Cousin,  ten 
thousand  arpeus;  Manuel  Gonzales  Moro,  eight  hundred  arpens;  Sen- 
eca Rollins,  four  hundred  arpeus ;  William  Long,  four  hundred  arpens  ; 
James  Journey,  four  hundred  arpeus;  Joachim  Lisa,  six  thousand 
arpens;  Francois  Lacomb,  four  hundred  arpens;  Israel  Dodge,  seven 
thousand  [and]. fifty-six  arpeus;  Andrew  Chevalier,  four  hundred  ar- 
pens ;  Joseph  Silvain,  two  hundred  and  fifty  arpens ;  John  P.  Cabanis, 
two  thousand  arpens;  William  Hartly,  six  hundred  and  fifty  arpens; 
William  Morrison,  seven  hundred  and  fifty  arpens ;  Solomon  Bellew, 
three  hundred  and  fifty  arpens  ;  Paschal  Detcheinendez,  seven  thousand 
[and]  fifty-six  arpens ;  Baptiste  Aunure,  two  hundred  and  forty  arpens  ; 
Alexander  Maurice,  four  hundred  arpens ;  Jean  Baptiste  Valle,  twenty 
thousand  arpens;  Israel  Dodge,  one  thousand  arpens;  Walter  Fenwick, 
ten  thousand  arpens ;  John  Smith  T.,  ten  thousand  arpens ;  and  Mackey 
Wherry,  sixteen  hundred  arpens.  (a) 

Other landmay  SEC.  2.  And  be  it  further  enacted,  That  if  it  shall  be  found  that  any 
be  located,  should  tract  or  tracts  confirmed  as  aforesaid,  or  any  part  thereof,  had  been  pre- 
any  of  that  be  oc-  viously  located  by  any  other  person  or  persons  under  any  law  of  the 
to1  which  5  Sin6  United  States,  or  had  been  surveyed  and  sold  by  the  United  States,  this 
finned.  ac*  shall  confer  no  title  to  such  lands  in  opposition  to  the  rights  acquired 

by  such  location  or  purchase  ;  but  the  individual,  or  individuals,  whose 
claims  are  hereby  confirmed,  shall  be  permitted  to  locate  so  much 
thereof  as  interferes  with  such  location  or  purchase,  on  any  unap- 
propriated land  of  the  United  States  within  the  State  of  Missouri,  or 
Territory  of  Arkansas,  in  whichever  the  original  claim  may  be,  that 
Proviso.  may  be  subject  to  entry  at  private  sale:  Provided,  That  such  location 

shall  conform  to  legal  divisions  and  subdivisions,  and  shall  not  inter- 
fere with  the  rights  of  other  persons.  (6) 

Locations  to  be  SEC.  3.  And  be  it  further  enacted,  That  the  locations  authorized  l»y 
entered  with  the  this  act,  shall  be  entered  with  the  register  of  the  proper  land  office,  who 
register,  &c.  shall,  on  application  for  that  purpose,  make  out  for  such  claimant  a 
certificate  of  location,  which,  with  the  certificate  of  confirmation,  shall 
be  transmitted  to  the  Commissioner  of  the  General  Land  Office  ;  and  if 
it  shall  appear  to  the  satisfaction  of  the  said  Commissioner  that  such 
certificate  shall  have  been  fairly  obtained,  according  to  the  true  intent 
and  meaning  of  this  act  and  the  laws  of  the  United  States,  then,  and  in 
that  case,  patents  shall  be  granted  in  like  manner  as  is  provided  by  law 
for  the  other  lauds  of  the  United  States.  And  for  each  certificate  of 
location  to  be  issued  as  aforeauid,  the  register  shall  be  entitled  to  receive 
from  the  person  applying  therefor,  the  sum  of  one  dollar. 

(a)  See  NOB.  722,  728,  957,  967,  972, 973,  974,  976,  980,  988,  998, 1002, 1007, 1020, 1024,  1063, 

1067,  1102,  1104,  1106,  1107,  1124,  1139,  1143. 
(6)  See  Nos.  957,  998,  1102,  1106,  1107. 


MISSOURI. 


441 


No.  1042 AN  ACT  for  the  relief  of  James  Keytes.  March  3, 1337. 

Be  it  enacted,  £c.,  That  the  Secretary  of  the  Treasury  cause  to  be 'p' 1_ 

issued  to  James  Keytes,  assignee  of  William  Ashly,  who  is  assignee  ofT  Land  patent  to 
Grant  Weed,  a  patent  for  a  quarter- section  of  land,  to  be  located  on 


any  of  the  public  lands  in  the  State  of  Missouri,  subject  to  private  entry  ;  patent, 
which  is  in  lieu  of  a  quarter-section  which  was  patented  to  said  Grant 
Weed,  by  the  United  States,  on  the  eleventh  day  of  May,  eighteen  hun- 
dred and  nineteen,  described  as  being  the  northeast-quarter  of  section 
eleven,  in  township  number  fifty-four  north,  of  range  twenty  south,  and 
which  patent  appears  to  have  been  altered  by  the  Commissioner  of  the 
General  Land  Office  on  the  third  day  of  January,  eighteen  hundred  and 
thirty-four,  by  inserting  range  twenty  one  instead  of  range  twenty,  so 
as  to  make  the  patent  correspond  with  the  record  in  said  office :  Pro-  Proviso. 
vided,  nevertheless,  That  no  such  location  shall  be  made,  or  patent  issue, 
until  the  said  Keytes  shall  file  a  relinquishmeut  with  the  register  of  the 
land  office  at  Franklin,  in  the  State  of  Missouri,  for  the  above-named 
quarter-section,  in  range  twenty-one  aforesaid. 


Wo.  1043.-A  PROCLAMATION  issued  by  the  President  of  the  United  States, 
under  the  act  of  June  7,  1836,  chap.  B6. 


March  28,  1837. 
Vol.  5,  p.  802. 


Whereas,  by  an  act  of  Congress  of  the  7th  of  June,  1836,  it  was  enacted  Preamble, 
that  when  the  Indian  title  to  all  the  lands  lying  between  the  State  of 
Missouri  and  the  Missouri  River  should  be  extinguished,  the  jurisdiction 
over  said  land  should  be  ceded  by  the  said  act  to  the  State  of  Missouri, 
and  the  western  boundary  of  said  State  should  be  then  extended  to  the 
Missouri  River,  reserving  to  the  United  States  the  original  right  of  soil 
in  said  lauds,  and  of  disposing  of  the  same;  and  whereas,  it  was  in  and 
by  the  said  act  provided  that  the  same  should  not  take  effect  until  the 
President  should,  by  proclamation,  declare  That  the  Indian  title  to  said 
lands  had  been  extinguished,  nor  until  the  State  of  Missouri  should  have 
assented  to  the  provisions  ol  the  said  act : 

And  whereas,  an  act  was  passed  by  the  general  assembly  of  the  State 
of  Missouri,  on  the  16th  of  December,  1836,  expressing  the  assent  of  the 
said  State  to  the  provisions  of  the  said  act  of  Congress,  a  copy  of  which 
act  of  the  general  assembly,  duly  authenticated,  has  been  officially  com- 
municated to  this  Government,  and  is  now  on  file  in  the  Department  of 
State : 

Now.  therefore,  I,  Martin  Van  Buren,  President  of  the  United  States     The  President 
of  America,  do,  by  this  my  proclamation,  declare  and  make  known,  that  declares  that  the 
the  Indian  title  to  all  the  said  lands  lying  between  the  State  of  Missouri  Indian  title  has 
and  the  Missouri  River,  has  been  extinguished,  and  that  the  said  act  of  £|en 
Congress  of  the  7th  of  June,  1836,  takes  effect  from  the  date  hereof,  (a) 

Given  under  my  hand  at  the  city  of  Washington,  this  28th  day  of 
March,  A.  D.  1837,  and  of  the  Independence  of  the  United  States  of 
America  the  sixty-first. 

MARTIN  VAN  BUREN. 

By  the  President : 

JOHN  FORSYTH, 

Secretary  of  State. 

(a)  See  Nos.  971,  989,  990,  991,  1034,  1045,  1068,  1071,  1076. 


No.  1044.— AN  ACT  for  the  relief  of  Philip  Riviere  and  his  le^al  representatives.     March  28, 1838. 

Be  it  enacted  fo.,  That  the  claim  and  title  of  Philip  Riviere  and  his    VoL6»P-m 
legal  representatives  to  a  tract  of  land  containing  about  four  hundred     Land    claim 
and  fifty  arpens,  French  measure,  situated  in  the  county  of  St.  Louis,  confirmed. 
State  of  Missouri,  formerly  granted  to  said  Philip  Riviere  and  his 
heirs,  by  the  Spanish  Government,  by  concession,  bearing  date  the  four- 
teenth of  October,  eighteen  hundred,  and  located  and  surveyed  by  vir- 
tue of  and  under  said  concession,  on  the  thirtieth  of  November,  eighteen 


legal  representatives:  Provided,  That  this  confirmation  does  not  inter- 
fere with  any  right  or  title  arising  under  any  grant,  concession,  or  sur- 


Proviso. 


442 


MISSOURI. 


vey,  made  by  the  authority  of  the  former  Spanish  or  French  Govern- 
ments in  Upper  Louisiana,  and  heretofore  confirmed  by  Congress,  or 
with  any  right  or  title  to  said  land,  or  any  part  thereof,  acquired  by  any 
individual  or  individuals  by  entry  and  purchase,  in  the  land  office  of  the 
United  States,  or  which  the  United  States  may  have  acquired  by  pur- 
chase under  any  sale  held  in  pursuance  of  any  order  of  court,  or  decree 
in  chancery  ;  and  that  a  resurvey  be  made  of  the  land  hereby  confirmed, 
subject  to  the  above  proviso,  under  the  order  and  direction  of  the  sur- 
veyor-general of  the  United  States,  at  St.  Louis,  and  at  the  expense  of 
the  said  Philip  Riviere,  or  his  legal  representatives. 


June  18, 1838.     No.  1O45.— AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  the 
Vol.  5,  p.  248.          southern  boundary  line  of  the  Territory  of  Iowa  to  be  ascertained  and  marked. 

{.See  IOWA,  No.  1761.] 

Feb.  6, 1839.  No.  1O46.— AN  ACT  for  the  relief  of  Jean  B.  Valle. 

Vol.  6,  p.  747.        Be  it  waded,  $c.,  That  Jean  B.  Valle",  assignee  of  Elizabeth  Petchaka, 
Authorized  to  De>  aud  ne  hereby  is,  authorized  to  locate  one  half-section  of  land, 
locate  a  tract  of  in  legal  subdivisions,  upon  any  of  the  public  lands  subject  to  private 
land.  entry  within  the  State  of  Missouri,  in  lieu  of  the  like  quantity  of  land 

granted  to  the  said  Elizabeth  Petchaka,  by  the  seventh  article  of  the 
treaty  between  the  United  States  and  the  Delaware  nation  of  Indians, 
made  and  concluded  on  the  third  day  of  October,  in  the  year  eighteen 
hundred  and  eighteen. 

March  2,  1839.  No.  1047.— AN  ACT  for  the  relief  of  Kobert  Murray. 

Vol.  6,  p.  752.         j$e  ft  enacted,  J-c.,  That  Robert  Murray  be,  and  he  is  hereby,  author- 
May  relinquish  ize(l  to  relinquish  to  the  United  States,  in  such  form  as  the  Commissioner 
certain  land;  and  of  the  General  Land  Office  shall  prescribe,  the  northwest  quarter  of  the 
enter  another  northwest  quarter  of  section  thirty-two,  township  fifty*  five  north,  range 
tract<  twenty-nine  webt,  of  the  fifth  principal  meridian,  in  the  district  of  lands 

now  offered  for  sale  at  Lexington,  in  the  State  of  Missouri;  and,  upon 
such  relinquishment  being  made  as  aforesaid,  the  said  Murray  shall  be, 
and  he  is  hereby,  authorized  to  enter  any  other  quarter  quarter-section 
of  unappropriated  land  in  said  district  which  shall  be  liable  to  entry  at 
private  sale. 

March  2, 1839.  No.  1O48.-AN  ACT  for  the  relief  of  John  Wiley  and  Jefferson  Greer. 

Vol.  6,  p.  752.  Whereas  it  appears  that  John  Wiley  and  Jefferson  Greer,  of  the  county 
Preamble.  of  Galloway  and  State  of  Missouri,  purchased,  each  of  them,  from  the 
Government  of  the  United  States,  at  the  land  office  at  St.  Louis,  in  the 
State  of  Missouri,  a  half  quarter-section  of  land,  for  which  each  got  a 
certificate  from  the  receiver  of  public  lands  at  said  office ;  the  said 
Wiley  purchasing  his  in  April,  eighteen  hundred  and  thirty-two,  and 
the  said  Greer  purchasing  his  in  August,  eighteen  hundred  and  thirty- 
one  ;  and  whereas  it  further  appears  that  the  said  Wiley  and  Greer, 
after  having  improved  and  cultivated  the  said  lands  purchased  as  afore- 
said for  three  and  four  years,  purchased  of  the  Government  lands  which 
the  Government  had  previously  sold  to  others ;  therefore,  for  the  relief 
of  said  Wiley  and  Greer, 

Authorized  to     Be  it  enacted,  $c.,  That  John  Wiley  and  Jefferson  Greer,  of  the  county 
enter  land,  with-  of  Galloway  and  State  of  Missouri,  or  the  legal  representatives  of  each, 
out  payment.       ^e  allowed  to  enter,  without  further  payment,  the  quantity  of  three 
hundred  and  twenty  acres  each,  of  any  of  the  unappropriated  public 
lands  of  the  United  States  that  have  been  offered  for  sale,  as  a  full  com- 
pensation for  the  loss  of  the  improvements  which  each  had  made  upon 
lands  which  each  had  purchased  of  the  Government,  but  which  said 
lands  so  purchased  by  them  had  been  previously  disposed  of  by  the 
Government  to  other  individuals. 


March  2, 1839. 
Yol  -6,  p,  753. 


No.  1049.— AN  ACT  for  the  relief  of  John  Whitsitt. 

Be  it  enacted,  <f-c.,  That  John  Whitsitt  be,  and  he  is  hereby,  authorized 
Authorized  to  to  enter  at  private  sale,  at  the  minimum  price  of  the  public  lands,  the 
vatersale        Pn'  northeast  quarter  of  section  four,  in  towrshin  fifty  north  of  the  base 


MISSOURI. 


443 


line,  of  range  twenty- five  west  of  the  fifth  principal  meridian ;  and  that 
such  sum  as  has  heretofore  been  paid  on  said  quarter-section,  and  for- 
feited, be  deducted  from  the  amount  of  purchase  money. 


No.  1050.— AN  ACT  for  the  relief  of  Tilford  Taylor.  March  2, 1839. 

Be  it  enacted,  #c.,  That  Tilford  Taylor  be,  and  he  is  hereby,  author- °  •  6»  P-  754. 

ized  to  relinquish  to  the  United  States  the  east  half  of  the  southwest     Upon  relin- 
quarter  of  section  two,  in  township  forty-seven,  and  range  five  west,  in  ?"i8?  ^S  0*  lacej" 
the  district  of  lands  now  offered  for  sale  at  Saint  Louis,  in  the  State  of  authorized  to  en- 
Missouri;  and,  upon  such  relinquishment  being  made,  the  said  Taylor  ter  another  tract, 
shall  be,  and  he  is  hereby,  authorized  to  enter  any  other  half  quarter- 
section  of  unappropriated  land  in  said  district,  which  shall  be  liable  to 
entry  at  private  sale. 


No.  1051.— AN  ACT  for  the  relief  of  Hiner  Stigermire.  March  2  1839 

Be  it  enacted,  $c.,  That  Hiner  Stigermire  be,  and  he  is  hereby,  author-     Vol.  6,  p!  757. ' 
ized  to  relinquish  to  the   United  States,  in  such  form  as  the  Commis-      ^  j": — 

sioner  of  the  General  Land  Office  shall  prescribe,  the  southeast  quarter  qni8hing  certain 
of  the  southwest  quarter  of  section  thirty-one,   township    forty-five  land,  may  enter 
north,  in  range  one  east  of  the  fifth  principal  meridian,  in  the  district  another  tract. 
of  lands  now  offered  for  sale  at  Saint  Louis,  in  the  State  of  Missouri ; 
and  upon  such  relinquishment  being  made  as  aforesaid,  the  said  Stiger- 
mire shall  be,  and  he  is  hereby,  authorized  to  enter  the  southwest 
quarter  of  the  northwest  quarter  of  section  thirty-one,  township  forty- 
five  north,  in  range  one  east,  being  the  same  which  the  said  Stigermire 
originally  intended  to  enter,  as  set  forth  in  his  petition :  Provided,  That     Proviso, 
the  same  is  still  subject  to  entry. 


No.  1052.— AN  ACT  for  the  relief  of  Enoch  Matson.  March  3  1839 

Be  it  enacted,  <$"c.,  That  Enoch  Matson  be,  and  he  is  hereby,  authorized     Vol-  6,  p.  770. 
to  withdraw  his  location  of  warrant  number  one  hundred  and  fifty-five,     Authorized  to 
for  six  hundred  and  forty  acres,  and  to  locate  the  same  upon  any  of  the  transfer  location 
unappropriated  lands  of  the  United  States,  in  the  State  of  Missouri,  of  land  warrant. 
now  liable  to  entry  at  private  sale. 


No.  1053.— AN  ACT  for  the  relief  of  Samuel  Mussey  and  Thomas  James,  of  the 
county  of  Crawford,  in  the  State  of  Missouri. 


March  3, 1839. 
Vol,  6,  p.  776. 


Be  it  enacted,  $-c.,  That  Samuel  Mussey  and  Thomas  James,  of  the     Authorized  to 
county  of  Crawford,  in  the  State  of  Missouri,  be.  and  hereby  are,  au-  enter    lands    as 
thorized  to  enter,  at  the  proper  land  office,  as  tenants  in  common  or  joint  tenants  in  com- 
partnercy,  such  lands  in  township  thirty-eight,  of  the  ranges  five  and  mon> 
six,  west  of  the  fifth  principal  meridian,  as  they  may  desire,  at  the 
minimum  price  :  Provided,  however,  That  the  selection  of  lands  shall  be 
confined  to  the  aforesaid  township  thirty-eight,  of  the  ranges  five  and 
six  west  of  the  principal  meridian,  in  the  county  of  Crawford,  in  the 
State  of  Missouri ;  and  this  act  shall  not  be  construed  so  as  to  permit 
the  aforesaid  Mussey  or  James  to  select,  or  purchase,  or  occupy,  any 
lands  in  said  township  that  may  now  be  in  the  possession  of  any  actual 
settler,  or  under  improvement. 


Proviso. 


No.  1054.— RESOLUTION  for  the  relief  of  Edward  Beatty,  of  Missouri. 


March  3,  1839. 
Vol.  6,  p.  795. 


Whereas  Edward  Beatty,  of  the  county  of  Marion,  in  the  State  of 
Missouri,  some  time  in  the  month  of  March,  eighteen  hundred  and  Preamble, 
thirty-six,  emigrated  to  Missouri  for  the  purpose  of  entering  public 
lands;  that,  in  consequence  of  the  representations  of  others,  he  con- 
verted about  nine  hundred  dollars  in  specie  into  certificates  of  deposit; 
that,  after  he  had  purchased  the  certificates  at  an  a'dvance  of  three  per 
cent.,  he  applied  to  the  land  office  in  Palmyra  to  enter  land,  when  he 
was  informed  by  the  officers  that  the  certificates  could  not  be  accepted, 
as  none  but  the  individual  who  made  the  deposit  of  money  in  the  Treas- 


444  MISSOURI. 

ury  could  enter  land  with  them.  In  consequence  of  this  condition  of 
the  affair,  the  petitioner  has  lain  out  of  the  use  of  the  money  for  a  year 
and  upwards,  and  has  no  prospect  of  getting  it  back  for  some  years  to 
come,  unless  he  be  aided  by  Congress.  Be  it,  therefore, 

Authorized  to     Resolved,  $c.,  That  the  said  Edward  Beatty  be,  and  he  is  hereby, 

enter  with   cer-  authorized  to  enter  land  at  any  of  the  land  offices  in  the  State  of  Mis- 

ca^es  landTiable  soari>  which  is  now  liable  to  private  entry,  with  the  said  certificates  of 

to  private  entry,  deposit,  at  the  price  of  one  dollar  and  twenty-five  cents  per  acre  :  Pro- 

at  81.25  per  acre,  vided,  however,  That  the  said  Beatty  shall  satisfy  the  register  of  the 

land  office  at  which  he  may  apply  for  the  purpose  of  entering  land,  that 

the  assignments  on  the  same  are  genuine,  and  that  he  is  legally  entitled 

to  the  same. 


May  27,  1840.  No.  1 055.— AN  ACT  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war  to 
VoL  5,  p.  380.  surrender  the  bounty  lands  drawn  by  them  and  to  locate  others  in  lieu  thereof, 
and  for  other  purposes. 

[Act  of  May  22,  1826,  revived,  and  its  provisions  extended  to  those 
having  like  claims  in  Missouri  and  Illinois.    See  ARKANSAS,  No.  1216.] 


Mav  27,  1840.  No.  1O56.-AX  ACT  for  the  relief  of  Joseph  Cochran. 

Vol.  6,  p.  801.        ge  it  enacted,  £.CM  That  Joseph  Cochran  be,  and  he  is  hereby,  entitled 
Entitled    to  a to  a  preference  in  becoming  the  purchaser,  according  to  the  provisions 
pref  eren  ce  in  of  the  third  section  of  the  act  entitled  "An  act  for  the  final  adjustment 
pn£?-basing'    a  c*  °f  Private  land  claims  in  Missouri,"  approved  ninth  Julv,  one  thousand 
ei&ht  hum!red.  and  thirty-two,  of  a  certain  tract  of  land,  lying  in  the 
Palmyra  district,  Missouri,  (for  which  proof  of  his  right  has  heretofore 
been  made  by  him  to  the  land  officers  of  said  district,  and  his  claim 
rejected  by  them  on  account  of  the  conveyance  to  him  by  Albert  Tison, 
the  Spanish  claimant,  bearing  date  subsequent  to  the  ninth  July,  one 
thousand  eight  hundred  and  thirty-two,)  in  the  same  manner,  and 
under  the  same  restrictions,  as  to  quantity  and  lo  -ation,  as  he  would 
have  been  entitled  to,  had  said  conveyance  been  made  preceding  the 
Proviso.  date  of  said  act :  Provided,  That  the  entry  hereby  authorized  shall  be 

Proviso.  made  within  one  year  from  the  date  of  this  act:  ~And  provided,  further, 

That  this  act  shall  be  considered  only  as  a  relinquishment  of  the  rights 
of  the  United  States,  and  not  to  prejudice  the  rights  of  third  persons. 

March  19, 1842.  jvo.  1 057.    AN  ACT  to  authorize  the  governors  of  the  States  of  Illinois,  Arkansas 
VoL  5,  p.  471;  and  Missouri  to  cause  to  be  selected  the  lands  therein  mentioned. 

[Governors  of  Missouri,  &c.,  may  cause  selections  to  be  made  of  lands 
granted  for  internal  improvements  by  act  of  September  4,  1841.  See 
ILLINOIS,  No.  410.] 

June  4, 1842.       No.  105S.-AX  ACT  for  the  relief  of  James  Riser  and  Barnett  Foley,  of  Missouri. 
Be  it  enacted,  #c.,  That  James  Kiser  and  Barnett  Foley,  of  Missouri, 


Authorized  t  o  or  their  legal  representatives,  be,  and  they  are  hereby,  authorized  to 
enter  certa  in  enter  a^  ^ne  iand  office,  at  St.  Louis,  Missouri,  at  the  price  of  one  dollar 
and  twenty-five  cents,  per  acre,  the  west  half  of  the  northeast  quarter 
of  section  twenty-six,  township  thirty-nine,  range  seven,  lying  in  said 
district ;  and  upon  such  entry,  and  the  payment  of  the  purchase  money, 

Proviso.  a  patent  shall  issue,  as  in  other  cases :  Provided,  Said  entry  be  made, 

and  the  purchase  money  paid,  within  six  months  from  the  date  of 
this  act:  And  provided,  further,  That  said  land  has  not  been  sold  by  the 
United  States  before  the  passage  of  this  act. 

July  27, 1842.     No.  1059.— AN  ACT  to  grant  to  Van  Bnren  County,  Missouri,  the  tract  of  land  on 
Vol.  6,  p.  842.  which  the  seat  of  justice  of  said  county  has  been  located. 

,     . —     7-7     Be  it  enacted,  #c.,  That  there  be,  and  hereby  is,  granted  to  the  county 
in  lieu  ofthat of  Van  Buren,  in  the  State  of  Missouri,  the  tract  of  land  whereon  the 
allowed  by  law.    town  of  Harrisonville  is  situated,  in  said  county,  containing  one  hun- 
dred and  sixty  acres,  according  to  the  survey  of  Achilles  Easby,  county 
surveyor,  for  the  seat  of  justice  for  said  county,  instead  of  the  quarter- 
section  allowed  by  law  tor  the  same  purpose;  the  justice  of  said  county 
entering  said  tract  in  the  proper  land  office,  and  paying  for  the  same 
the  minimum  price,  as  in  other  cases. 


MISSOURI.  -145 

No.  1060.— AN  ACT  for  the  benefit  of  the  county  of  Holt,  in  the  State  of  Missouri.     Aug.  1, 1842. 
Be  it  enacted,  $c.,  That  the  proper  authoiities  of  the  county  of  Holt.     Vo1-  6.P-*"*7. 
in  the  State  of  Missouri,  be,  and  they  hereby  are,  authorized  to  make     May  enter  cer- 
entry,  at  the  proper  land  office,  within  one  year  next  after  the  date  of  tain  lands  in  full 
this  act,  at  the  minimum  price,  of  the  west  half  of  the  southwest  quar-  satisfaction  of 
ter  of  section  numbered  twenty-six,  and  the  east  half  of  the  southeast  comity1   uncfer 
quarter  of  section  numbered  twenty-seven,  in  township  numbered  sixty,  act  of  *May  26th, 
and  range  numbered  thirty-eight,  situated  in  the  said  county  of  Holt,  1824. 
making  one  hundred  and  sixty  acres,  upon  which  the  seat  of  "justice  of 
said  county  is  located,  in  full  satisfaction  of  the  claim  of  said  county 
under  the  provisions  of  the  act,  entitled,  "An  act  granting  to  the  coun- 
ties or  parishes  of  each  State  and  Territory  of  the  United  States  in 
which  the  public  lands  are  situated  the  right  of  pre-emption  to  quarter- 
sections  of  land  for  seats  of  justice  within  the  same,"  approved  twenty- 
sixth  of  May,  one  thousand  eight  hundred  and  twenty-four :  Provided,     Proviso. 
That  said  lands  shall  not  have  been  sold  by  the  United  States  prior  to 
the  date  of  this  act. 


No.  1061.— AN  ACT  for  the  relief  of  Gregoire  Sarpy,  or  his  legal  representatives.      Aug.  11, 1842.. 
Be  it  enacted,  #c.,  That  it  shall  be  the  duty  of  the  proper  officers  of    Vo1-  6-  P- 854- 
the  United  States  to  issue  a  patent  to  Gregoire  Sarpy,  or  his  legal  rep-     Patent  to  be 
resentatives,  for  seven  thousand  and  fifty-six  arpens,  containing  six  issued  for  a  tract 
thousand  and  two  acres  and  and  fifty  hundredths  of  an  acre  of  land,  of  land- 
pursuant  to  patent  certificate  number  one  thousand  and  thirty-three, 
dated  September  thirteenth,  one  thousand  eight  hundred  and  twenty- 
five,  and  to  the  survey  thereof  numbered  one  thousand  nine  hundred  and 
fifty- three,  certified  by  the  surveyor  of  Illinois,  Missouri  and  Arkansas, 
at  St.  Louis,  on  the  thirteenth  of  September,  one  thousand  eight  hun- 
dred and  twenty-five. 


No.  1062.— AN  ACT  for  the  relief  of  Sebastian  Butcher,  and  the  heirs  and  legal     Aug  11  1842 
representatives  of  Bartholomew  Butcher,  Michael  Butcher  and  Peter  Blooiu.  VoL  6,  p.  859. 

Be  it  enacted,  #c.,  That  Sebastian  Butcher,  and  the  heirs  and  legal  ^r~. 
representatives  of  Bartholomew  Butcher,  Michael  Butcher,  and  Peter  confirmed 'to- 
Bloom,  be,  and  they  are  hereby,  confirmed  in  and  to  two  tracts  of  land  them. 
in  the  State  of  Missouri,  to  wit :  One  tract  of  four  hundred  arpens,  about 
six  miles  from  Mine  a  la  Motte,  the  plat  of  which  is  in  the  land  office 
at  Jackson ;  and  another  tract  of  twelve  hundred  arpens,  situated  on 
the  waters  of  Grand  or  Big  River,  a  plat  of  which  to  be  produced  by 
them ;  the  claims  of  the  persons  aforesaid  to  these  tracts  of  land  having 
been  recommended  for  confirmation  by  the  commissioners  appointed 
under  the  "Act  for  the  final  adjustment  of  private  land  claims  in  Mis- 
souri," approved  the  ninth  day  of  July,  one  thousand  eight  hundred 
and  thirty-two,  in  their  report  dated  the  twenty-seventh  of  November, 
one  thousand  eight  hundred  and  thirty -three :  Provided,  That  this  con-  Proviso., 
firmation  shall  only  operate  as  a  relinquishment  on  the  part  of  the 
United  States  to  the  said  tracts  of  land,  and  is  not  intended  to  affect  or 
interfere  with  the  rights  of  other  persons  claiming  title  thereto ;  but  in 
the  case  of  the  existence  of  other  legal  title  to  said  tracts  of  land,  or  to 
any  part  thereof  derived  from  the  United  States,  by  pre-emption  or 
other  right,  then  the  said  Sebastian  Butcher,  and  the  heirs  and  legal 
representatives  of  Bartholomew  Butcher,  Michael  Butcher,  and  Peter 
Bloom,  be,  and  they  hereby  are,  authorized  to  locate  a  quantity  of  land 
equal  to  that  which  may  have  been  so  taken  up  from  out  said  claims 
by  virtue  of  pre-emption  or  other  rights  derived  from  the  United  States, 
in  legal  divisions  and  subdivisions,  not  less  than  half-sections,  on  any 
of  the  unlocated  lands  of  the  United  States  in  the  State  of  Missouri,  now 
subject  to  entry  at  private  sale ;  for  which  the  proper  officer  of  the  Gov- 
ernment is  hereby  authorized  and  directed  to  issue  patents,  on  the  pro- 
duction of  a  certificate  of  the  register  of  the  land  office  within  whose 
district  such  location  may  be  made. 

No.  1063.— AN  ACT  to  authorize  the  issuing  of  a  patent  to  the  heirs  or  legal  repre-     Aug.  29, 1842. 
sentatives  of  Francis  Bivard,  deceased,  and  for  other  purposes.  Vol.  6,  p.  868. 

Beit  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he  ~  p 
is  hereby,  authorized  and  directed  to  cause  to  be  issued  to  the  heirs  of  to  them  for  JJJ 
Francis  Rivard,  deceased,  for  the  benefit  of  themselves  and  their  legal  island  in  the  Mis- 
assignee  or  assignees,  a  patent  for  an  island  in  the  Mississippi  River,  sissippi. 


446  MISSOURI. 

opposite  the  town  of  St.  Genevieve,  in  the  State  of  Missouri ;  which 
said  island  was  granted  by  the  French  Government  to  the  said  Rivaid, 
in  the  year  seventeen  hundred  and  fifty-six,  and  pronounced  by  the 
board  of  commissioners  in  eighteen  hundred  and  twelve  to  be  a  corn- 
Proviso,  plete  title  :  Provided,  That  the  same  shall  only  operate  as  a  relinquish- 
ment  of  the  right  of  the  United  States,  and  shall  not  affect  the  right  of 
third  persons. 

Eeport,  &c.,     SEC.  2.  And  be  it  further  enacted,  That  the  report  with  the  accompa- 
m  ad  e  by  the  com-  nying  testimony  and  documents,  made  by  the  commissioners  for  the 
inborn11  nation  of  ^na^  settlement  of  land  claims  in  Missouri,  on  the  twenty- seventh  No- 
land  documents,  vember,  eighteen  hundred  and  thirty- three,  in  pursuance  of  the  "  act  for 
to     be     deemed  the  final  adjustment  of  private  land  claims  in  Missouri,"  approved  the 
equivalent  to  the  ninth  July,  eighteen  hundred  and  thirty-two,  and  the  act  approved  the 
second  March,  eighteen  hundred  and  thirty-three,  entitled  "An  act  sup- 
plemental to  the  act,  entitled  'An  act  for  the  final  adjustment  of  land 
claims  in  Missouri/"  as  contained  on  pages  from  seven  hundred  and  two 
to  eight  hundred  and  thirty-eight,  inclusive,  of  volume  five  of  the  com- 
pilation of  land  documents  printed  by  Dnff  Green  in  the  year  eighteen 
hundred  and  thirty- four,  and  selected  and  edited  under  the  authority 
of  the  Senate  of  the  United  States,  by  Walter  Lowrie,  secretary  of  the 
Senate,  shall  be  deemed  and  taken,  in  all  cases  whatsoever,  in  law  and 
in  equity,  as  authentic  and  equivalent,  similar  and  identical  in  all  re- 
spects whatsoever  as  the  original  report  of  the  said  commissioners,  (a) 

(a)  See  Nos.  722,  728,  957,  967,  972, 973, 974,  976, 980, 988, 998, 1002, 1007, 1020,  1024,  1041, 
1067, 1102, 1104, 1106, 1107, 1124,  1139,  1143. 


Aug.  29,  1842.     No.  1064.— AN  ACT  for  creating  a  new  land  district  in  the  State  of  Missouri,  and 
Vol.  5  p.  538.        for  changing  the  boundaries  of  the  southwestern  and  western  land  districts  in  said 
— — State. 


western     land     Be  it  enacted,  $'c.,  That  all  that  portion  of  the  "  western  land  district," 
district,  and  the  created  by  an  act  of  Congress,  entitled  "An  act  to  establish  an  addi- 
P  1  a  1 1  e    River  tional  land  office  in  the  State  of  Missouri,"  approved  third  of  March 
stSut?t'he Platte  eighteen  hundred  and  twenty-three,  which  is  situated  north  of  the 
land  district.       Missouri  River,  together  with  the  late  northwest  addition  to  the  State 
of  Missouri,  commonly  known  as  the  "  Platte  River  country,"  shall  con- 
stitute a  separate  land  district,  to  be  called  the  Platte  district. 

Eegister  and     SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  a  register  and  a 
receiver  to  be  ap-  receiver  appointed  for  said  land  district,  who  shall  reside  and  superin- 
pointed;   their  tend  the  sales  of  the  public  lands  at  such  place  as  the  President  shall 
ice,  &c.      designate.    They  shall  give  security  in  the  same  manner  and  in  the 
same  sums,  and  their  compensation,  emoluments,  duty,  and  authority, 
shall,  in  every  respect,  be  the  same  in  relation  to  the  lands  which  may 
be  disposed  of  at  said  office,  as  are  or  may  be  provided  by  law  relative  to 
the  registers  and  receivers  of  public  money  in  the  several  offices  estab- 
lished for  the  sale  of  the  public  lands. 

Part  of  certain      SEC.  3.  And  be  it  further  enacted,  That  all  that  part  of  the  southwest- 
districts  annexed  ern  district  of  Missouri  which  is  situated  north  of  the  line  between 
to  the  Lexington  townships  thirty-four  and  thirty-five,  and  that  portion  of  the  Fayette 
land  district  lying  west  of  the  line  dividing  ranges  twenty  and  twenty- 
one  west,  south  of  the  Missouri  River,  is  hereby  annexed  to,  and  shall 
make  a  part  of  the  western  or  Lexington  district  of  Missouri,  the  office 
for  which  district  shall  be  located  at  such  place  as  the  President  shall 
designate. 

Plats  of  s  u  r-     SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
yeys  to  be  depos-  retary  of  the  Treasury,  as  soon  as  the  same  can  be  done,  to  cause  the 
ited  in  the  proper  plats  of  the  surveys  of  the  new  district  hereby  created,  and  of  the  por- 
tion annexed  to  the  western  district,  to  be  deposited  in  the  proper 
offices,  and  he  is  hereby  authorized  to  allow  and  pay,  out  of  the  pro- 
Reasonable  ex-  ceeds  of  the  sales  of  the  public  lands,  the  reasonable  expenses  which 
pen ses  to  be  paid,  may  be  incurred  in  carrying  this  act  into  effect. 

Act   when    to     SEC.  5.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and  be 
take  effect.  in  force  from  and  after  the  expiration  of  six  calender  months  from  the 

date  of  the  passage  thereof,  (a) 

(a)  See.  Nos.  983,  994,  997, 1001, 1019, 1028, 1076, 1079, 1095. 


MISSOURI.  447 

KTo.  1065.— AN  ACT  for  the  relief  of  Elizabeth  Munroe.  Jan.  28,  1843. 

Yol.  6,  p.  882. 
Be  it  enacted,  #c.,  That  Elizabeth  Munroe,  of  the  county  of  Boon,  in 


the  State  of  Missouri,  or  her  legal  representatives,  upon  the  surrender    Authorized  on 
at  the  proper  land  office,  to  be  cancelled,  of  the  certificate  for  the  east  certain  cert i ft* 
half  of  the  southwest  quarter  of  section  number  thirty-one,  township  cate  to  enter  land, 
number  fifty-eight,  lange  number  twenty-one,  entered  for  her  by  mis- 
take at  the  land  office  at  Fayette,  Missouri;  and,  upon  the  surrender  of 
said  certificate,  shall  be,  and  they  are  hereby,  authorized  to  enter  eighty 
acres  of  laud  upon  which  she  has  located  and  made  her  improvements, 
and  which  she,  at  the  time  of  said  entry,  supposed  she  was  locating: 
Provided,  That  the  land  upon  which  she  settled  shall  not,  previous  to     Proviso, 
the  date  of  this  act,  have  been  sold  by  the  United  States. 


Ko.  1066.— AN  ACT  for  the  relief  of  the  citizens  of  towns  upon  the  lands  of  the     May  23,  1844. 
United  Stales,  under  certain  circumstances.  Vol.  5,  p.  657. 


Be  it  enacted,  $c.,  And  provided,  also,  That  the    Authorities  of 

corporate  authorities  of  the  town  of  Weston,  in  the  county  of  Platte,  "Weston  allowed 
State  of  Missouri,  or  the  county  court  of  Platte  County,  in  said  State,  twelve  months  to 
shall  be  allowed  twelve  months,  from  and  after  the  passage  of  this  act,  er 
to  enter  at  the  .proper  land  office,  the  lands  upon  which  said  town  is 
situate. 


No.  1067.— AN  ACT  to  provide  for  the  adjustment  of  land  claims  within  the  States     June  17, 1844. 
of  Missouri,  Arkansas,  and  Louisiana,  and  in  those  parts  of  the  States  of  Missis-     Vol.  5,  p.  676. 
sippi  and  Alabama  south  of  the  thirty-first  degree  of  north  latitude,  and  between  — 
the  Mississippi  and  Perdido  rivers. 

Be  it  enacted,  $-c.,  That  so  much  of  the  expired  act  of  the  twenty-sixth       Prov\srions0^f 
of  May,  one  thousand  eight  hundred  and  twenty-four,  entitled  "An  act  ?gg4    80  far  as 
to  enable  claimants  to  land  within  the  State  of  Missouri  and  Territory  they  related    to 
of  Arkansas,  to  institute  proceedings  to  try  the  validity  of  their  claims,"  the  State  of  Mis- 
as  related  to  the  State  of  Missouri  (excluding  all  such  portions  of  saidsouri,  revived 
act  as  referred  to  the  Territory  of  Arkansas)  be,  and  is  hereby,  revived  and 
and  re-enacted,  and  continued  in  force  for  the  term  of  five  years,  and 
no  longer ;  and  the  provisions  of  that  part  of  the  aforesaid  act  hereby 
revived  and  re-enacted  shall  be,  and  hereby  are,  extended  to  the  States 
of  Louisiana  and  Arkansas,  and  to  so  much  of  the  States  of  Mississippi 
and  Alabama  as  is  included  in  the  district  of  country  south  of  the 
thirty-first  degree  of  north  latitude,  and  between  the  Mississippi  and 
Perdido  rivers,  in  the  same  way  and  with  the  same  rights,  powers,  and 
jurisdictions,  to  every  extent  they  can  be  rendered  applicable,  as  if  these 
States  had  been  enumerated  in  the  original  act  hereby  revived,  and  the 
enactments  expressly  applied  to  them  as  to  the  State  of  Missouri ;  and     District  court 
the  district  court,  and  the  judges  thereof,  in  each  of  these  States,  shall  *9  hav|  J"risdihc" 
"have  and  exercise  the  like  jurisdiction  over  the  land  claims,  in  theirsp^igQ 
respective  States  and  districts,  originating  with  either  the  Spanish,  iah  claims. 
French,  or  British  authorities,  as  by  said  act  was  given  to  the  court, 
and  the  judge  thereof,  in  the  State  of  Missouri,  (a) 

(a)  See  Nos.  722,  728,  957,  967, 972,  973, 914,  976, 980,  988,  998, 1002, 1007, 1020, 1024, 1041, 
1063, 1102, 1104, 1106, 1107, 1124, 1139, 1143 


No.  1068.— AN  ACT  respecting  the  northern  boundary  of  the  State  of  Missouri.     June  17. 1844. 

Yol.  5,  p.  677. 

Be  it  enacted,  #c.,  That  there  shall  be  appointed  by  the  governor  of  Iowa  — 
Territory,  by  and  with  the  advice  and  consentof  the  council  of  said  Terri-     Commissioners 
tory,  a  commissioner,  to  act  in  conjunction  with  such  commissioner  as  JU^n  ?bo°boun- 
may  be  appointed  by  the  State  of  Missouri,  and  such  third  person,  not  a  a  ar  y  1 1  u  e  be- 
citizen  of  the  State  of  Missouri  or  Territory  of  Iowa,  as  may  be  desig-  tween  Iowa  and 
nated  by  the  two  commissioners  aforesaid;  the  duty  of  which  said  Missouri, 
three  persons  it  shall  be,  to  ascertain,  survey,  and  mark  out  the  northern 
boundary  line  of  the  State  of  Missouri,  and  to  cause  plats  of  the  said 
line,  when  so  ascertained,  surveyed,  and  marked  out,  to  be  returned  to 
the  offices  of  the  Secretary  of  State  of  the  United  States,  of  the  State 
of  Missouri,  and  of  the  Territory  of  Iowa,  which  plats  shall  be  accom- 
panied by  reports  of  their  proceedings  in  the  premises. 


448  MISSOURI, 

Commissioners  SEC.  2.  And  be  it  further  enacted,  That  said  three  commissioners,  or 
to  appoint  a  snr-  a  majority  of  them,  shall  have  authority  to  appoint  a  surveyor,  and  en- 
gage the  necessary  assistants  and  laborers,  to  enable  them  to  ascertain,, 
survey,  and  mark  the  said  line ;  and  the  compensation  of  said  commis- 
sioners, and  of  the  surveyor  employed  by  them,  shall  be  at  the  rate  of 
eight  dollars  per  day,  for  so  many  days  as  they  may  necessarily  be  em- 
ployed about  the  business  aforesaid  ;  and  the  laborers  and  asssistanta 

Compensation  shall  be  paid  such  compensation  as  may  be  agreed  upon  between  each 
limited.  of  them  and  the  commissioners,  or  a  majority  of  them,  not  to  exceed 

two  dollars  per  day. 

Report  of  ma-      SEC.  3.  And  be  it  further  enacted,  That  the  report,  as  aforesaid,  of  any 
joiityofcommis- two  of  said  commissioners,  shall  be  final  and  conclusive,  and  the  line 
so  ascertained>  surveyed,  marked  out  and  returned  as  aforesaid,  by  any 
t'wo  °^  8a^  commissioners,  shall  be  the  northern  boundary  line  of  the 
State  of  Missouri. 

Act,  when  to  SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  not  go  into  force 
until  the  legislature  of  the  State  of  Missouri  shall  have  assented  to  the 
same,  and  agreed  to  abide  by  the  award  of  said  commissioners,  or  any 

Appropriation,  two  of  them,  as  final  and  conclusive ;  and  the  sum  of  four  thousand 
dollars  is  hereby  appropriated,  out  of  any  moneys  in  the  Treasury 
not  otherwise  appropriated,  to  carry  into  effect  the  provisions  of  thia 
act.  (a) 

(a)  SeeNos.  971.  989,  990,  1034,  1043,  1045,  1071,  1076. 


June  19, 1846.  No.  1069.— AN  ACT  to  authorize  the  justices  of  the  county  court  of  Bates  County, 
Vol.  9,  p.  651.  in  the  State  of  Missouri,  to  enter  a  certain  quarter-section  of  land  for  a  county 
1 seat. 


Justices  of     Be  it  enacted,  $-c.,  That,  the  justices  of  the  county  court  of  the  county 
mate8nte?°hmdof  Bate8> in  the  State.  of  Missouri,  be,  and  they  are  hereby,  authorized 
for  a  county  seat.  *°  euter  with  the  register  and  receiver  of  the  land  office  at  Clinton,  in 
said  State,  for  the  use  of  said  county,  whereon  the  county  seat  thereof 
has  been  located,  the  northeast  quarter  of  section  seventeen,  in  town- 
ship, numbered  thirty-eight  north,  of  range  numbered  thirty  west; 
and  on  payment  of  the  minimum  price  therefor  within  twelve  mouths 
after  the  passage  of  this  act,  a  patent  shall  issue  therefor  as  in  other 


July  21,  1846.  No.  1070.— AN  ACT  for  the  relief  of  Robert  Barclay,  of  Missouri. 

Be  it  enacted,  #c.,  That  Robert  Barclay,  of  Missouri,  be,  and  he  here- 


Robert  Barclay  by  is,  authorized  to  enter,  at  any  land  office  in  the  State  of  Missourir 
tnorized  to  8^x  hundred  and  forty  acres  of  any  unimproved  land,  subject  to  sale  at 
*  (  private  entry,  according  to  the  divisions  of  the  public  surveys ;  the  said 

six  hundred  and  forty  acres  being  in  lieu  of,  and  to  be  accepted  as  full 
compensation  for,  the  concession  of  eight  hundred  arpens  granted  to 
him  by  the  order  of  Delassus,  the  lieutentant  governor  of  the  province 
of  Louisiana,  dated  March  sixth,  one  thousand  eight  hundred  and  twor 
which  have  been  sold  by  the  Government  of  the  United  States  as  public 
lands. 


Aug.  4,  1846.  No.  1071.— AN  ACT  to  define  the  boundaries  of  the  State  of  Iowa,  and  to  repeal 
Vol.  9,  p.  52.  so  much  of  the  act  of  the  third  of  March,  one  thousand  eight  hundred  and  forty-five 
as  relates  to  the  boundaries  of  Iowa. 

[Question  respecting  northern  boundary  line  of  Missouri  referred  to 
Supreme  Court  for  adjudication.     See  IOWA,  No.  1779.] 


Aug.  8,  1646.  No.  1072.— AN  ACT  for  the  relief  of  James  Journey. 

Be  it  enacted,  #c.,  That  James  Journey,  who  claims  title,  by  virtue 


James  Journey  of  a  Spanish  concession  for  four  hundred  arpens,  to  the  northeast  quar- 
confirmed  in  his  ter  of  8ectiOn  thirty,  and  the  northwest  quarter  of  section  twenty-nine, 
land.  both  in  township  forty-seven  north,  and  range  one  west,  in  Warren 

Patent  to  issue.  County,  Missouri,  be  confirmed  in  the  same,  and  that  a  patent  issue  to 
him  therefor ;  and  that  he  also  be  permitted,  without  paying  any  thing 


MISSOURI.  449 

therefor,  to  enter  with  the  register  and  receiver  of  the  St.  Louis  land 
district  forty  acres  on  any  of  the  unappropriated  public  lands  now  in 
market  in  said  district,  in  full  satisfaction  of  the  remainder  of  said  four  . 

hundred  arpens  :  Provided,  That  said  entry  shall  not  interfere  with  any 
rights  of  any  other  persons. 


No.  1O73,— AN  ACT  for  the  relief  of  the  legal  representatives  of  John  Huddle.      Aug.  8,  1846. 

Vol.  9,  p.  673. 


Be  it  enacted,  #c.,  That  the  legal  representatives  of  John  Ruddle  be, 
and  are  hereby,  authorized,  by  law,  to  enter  three  hundred  and  fifty  Datives  oil 
arpens  of  any  unlocated  land  now  subject  to  entry  in  the  State  of  Mia-  Ruddle    author^ 
SOUli.  izedto  enter  350 

arpens  of  land. 

No.  1074.— AN  ACT  for  the  relief  George  Gordon.  Feb.  25,  1847. 

Be  it  enacted,  $-c.,  That  the  entry  and  purchase  by  George  Gordon,  ' p'  6    ' 

at  the  land  office  at  St.  Louis,  Missouri,  of  the  southwest  quarter  of  sec-     Entries  of  cer- 
tion  thirty-two,  in  township  numbered  forty-six,  of  range  numbered  ^in     lands     by 
six  east,  as  per  receiver's  certificate  numbered  eight  thousand  three  a^d^Zachariah. 
hundred  and  sixty-seven,  and  the  entry  and  purchase  by  Zachariah  C.  c.  Poor,  legalized 
Poor,  at  the  same  land  office,  of  the  southeast  quarter  of  section  thirty-  and  confirmed. 
one,  in  township  numbered  forty-six,  of  range  numbered  six  east,  as 
per  receiver's  certificate  number  eight  thousand  three  hundred  and 
sixty-six,  and  by  the  said  Poor  assigned  to  said  Gordon,  and  which  said 
entries  have  been  cancelled  for  irregularity,  at  the  General  Land  Office, 
be,  and  the  same  are  hereby,  confirmed  and  legalized,  and  a  patent  or    Patents  to  issue, 
patents  shall  issue  therefor  to  the  said  George  Gordon,  or  his  assignee, 
as  in  other  cases. 


No.  1075.— AN  ACT  to  grant  a  preemption  right  to  the  heirs  or  legal  representa-     March  3,  1847. 
tives  of  John  Smith  T.  Vol.  9,  p.  693. 


Be  it  enacted,  tyc. ,  That  the  heirs  or  legal  representatives  of  John  Smith     Authorized  to 
T.,  the  assignee  of  Jacques  St.  Vrain,  to  claim  number  four,  in  the  re-  ?nter  at  tb;e  v^- 
port  of  the  commissioners  appointed  under  the  act  of  ninth  July,  eight-  S^hof  thedaim 
een  hundred  and  thirty-two,  for  the  adjustment  of  private  land  claims  NO.  4  of  Jacques 
in  Missouri,  and  the  act  supplementary  thereto,  of  the  second  of  March,  St.  Vrain  as  has 
eighteen  hundred  and  thirty- three,  be,  and  the  same  are  hereby,  author-  bee°    registered. 
ized  to  enter,  at  the  minimum  price  of  the  public  lands,  so  much  of  aE 
said  claim  as  has  been  duly  registered,  located,  and  laid  down  on  the 
plats  of  the  public  surveys  for  reservation,  under  the  authority  of  the 
laws  of  the  United  States  :  Provided,  however,  That  said  entries  shall  not    Proviso, 
exceed,  in  the  aggregate,  five  thousand  six  hundred  acres ;  and  that  the 
said  entries  shall  be  made  to  conform  to  the  surveys  and  legal  subdivi- 
sions of  the  lands  of  the  United  States,  and  to  include,  as  nearly  as  may 
be,  the  reservations  as  laid  down  on  the  plats  aforesaid :  And  provided,     TO  be  in  full 
further,  That  the  acceptance  of  the  permission  granted  by  the  provision  satisfaction     of 
of  this  act  shall  be  taken  in  full  satisfaction  of  the  grant  of  ten  thou-  *Jj  gJSL°*Jjfc 
sand  arpens  made  to  the  said  Jacques  St.  Vrain  by  the  Baron  de  Caren-  to  8aid  st.  Vrain. 
dolet,  on  the  tenth  day  of  February,  seventeen  hundred  and  ninety-six : 
Andprovided,  That  if  any  private  rights  exist  to  any  part  of  said  loca-    Private 
tion,  adverse  to  that  of  the  claimants  herein,  the  same  shall  be  reserved  secured, 
and  saved  to  said  adverse  claimants. 


No.  1076.— AN  ACT  to  confirm  the  boundary  line  between  Missouri  and  Arkansas.     Feb.  15,  1848. 
Be  it  enacted,  #c.,  That  the  dividing  line  between  the  States  of  Mis- 


souri and  Arkansas,  surveyed  by  commissioners  appointed  under  au-    Confirmation  of 
thority  of   laws  enacted   by  those   States,  and  ratified  as  a   common  survey  of  boun- 
boundary  by  the  act  of  the  legislature  of  Arkansas,  approved  twenty-  t^n  *  Missouri 
third  December,  eighteen  hundred  and  forty-six,  and  of  the  legislature  and  Arkansas, 
of  Missouri,  approved  February  sixteenth,  eighteen  hundred  and  forty- 
seven,  shall  be,  and  the  same  is  hereby,  approved  and  confirmed  as  the     pubiic    land 
boundary  between  those  States,  and  between  the  surveying  and  land  surveys  to    be 
districts  bordering  thereon;  (a)  and  the  Secretary  of  the  Treasury  is  closed    on    that 
hereby  authorized  i.o  have  the  surveys  of  the  public  lands  of  the  United  line- 
States  closed  on  the  line  so  surveyed  as  above  mentioned  :  Provided,  The 

29  L  O— VOL  II 


450  MISSOURI. 

expense  thereof  shall  not  exceed  six  dollars  per  mile,  for  every  mile  and 
part  of  a  mile  actually  surveyed,  or  necessarily  resnrveyed  in  closing 
those  surveys.  (&) 

(a)  See  Nos.  983,  994,  997,  1001, 1019,  1028,  1064, 1079,  1095. 
(6)  See  Nos.  971,  989,  990,  991,  1034,  1043,  1045, 1068,  1071. 


July  17, 1848.     No.  1077.— AN  ACT  to  confirm  to  the  legal  representatives  of  Joseph  Dutaillis  the 
Vol.  9,  p.  724.  location  of  a  certain  Xew  Madrid  certificate. 


Location  under  Be  it  enacted,  $-c.,  That  the  location  by  the  legal  representatives  or 
Xew  Madrid  assignee  of  Joseph  Dutaillis,  under  a  New  Madrid  certificate,  numbered 
Sd!"*6  C°n"  fifty-two,  (52>)  of  the  80utl1  half  of  section  eighteen,  in  township  forty- 
nine  north,  range  nine  west,  in  the  State  of  Missouri,  be,  and  the  same 

Patent  to  issue,  is  hereby,  confirmed,  and  a  patent  may  issue  therefor  as  in  other  cases. 


Aug.  14, 1848.  No.  1078.— AN  ACT  for  the  relief  of  William  Triplett. 

Vol.  9,  p.  738. 

Be  it  enacted,  $c.t  That  the  right  of  William  Triplett,  of  St.  Louis 


Eight  to  a  pre-  County,  Missouri,  to  a  preemption  of  the  southeast  quarter  of  section 
oTland  iif  tMist-  thirty  8ix>  in  township  forty-five,  of  range  four  east,  as  specified  in  the 
souri    confirmed  certificate  of  the  receiver  of  the  land  office  at  St.  Louis,  numbered  eleven 
to  William  Trip-  thousand  one  hundred  and  seventy-one,  held  under  the  act  of  eighteen 
hundred  and  thirty-eight,  being  the  land  on  which  he,  the  said  Trip- 
lett, has  resided  for  more  than  twenty-five  years  last  past,  be,  and  the 
Upon  payment  same  is  hereby,  confirmed  and  established ;  and  that  upon  payment  be- 
being  made  for  ing  made?  or  having  been  made  for  said  land,  by  said  Triplett,  a  patent 
ent  to  issue.         shall  be  issued  to  him:  Provided,  That  all  or  any  previous  right  ac- 
Proviso.  quired,  and  grants  or  sales  of  said  land  by  the  United  States,  shall  be, 

and  the  same  are  hereby,  expressly  saved  and  reserved  from  the  opera- 
tion of  this  act. 

Feb.  26, 1849.     NO.  1079.-AN  ACT  to  establish  an  additional  land  office  in  the  State  of  Missouri. 
Vol.  9,  p.  347. 

Be  it  enacted,  $-c.,  That  so  much  of  the  public  lands  of  the  United 


Pairt  i°£-  F*y"  States  included  in  the  present  Fayette  district,  in  the  State  of  Missouri, 
formed  into  new  as  lies  within  the  following  boundaries,  to  wit :  Beginning  at  the  point 
land  district.        on  the  northern  boundary  of  the  State  intersected  by  the  line  between 
ranges  thirteen  and  fourteen  ;  thence  south  along  that  line  until  it  in- 
tersects the  line  between  townships  fifty-five  and  fifty-six ;  thence  west 
along  that  line  until  it  intersects  the  line  between  ranges  twenty-three 
and  twenty-four ;    thence  north  along  the  last  mentioned  line  to  tho 
northern  boundary  of  the  State ;  thence  east  with  said  boundary  line  to 
the  beginning,  shall  be  formed  into  a  new  land  district,  to  be  called  the 
To    be    called  «  Chariton  district ;"  and  for  the  sale  of  the  public  lands  within  the  dis- 
trict r :  18~ trict  hereby  constituted,  a  land  office  shall  be  established  at  such  most 
Land  office  to  convenient  place  within  the  said  district  as  the  President  of  the  United 
be  established.      States  may  designate. 

SEC.  2.  *And  be  it  further  enacted,  That  for  the  office  in  the  land  district 

.Register   and  hereby  created,  a  register  and  receiver  shall  be  appointed  by  the  Presi- 

pSnted!          IP~  dent>  by  and  witn  the  advice  and  consent  of  the  Senate,  who  shall 

To  give  bond,    severally  give  bond  and  security,  according  to  law,  before  entering  on 

Their  compen-  the  duties  of  their  respective  offices.    They  shall  receive  the  same  com- 

sation,  duties,  pensation,  fees,  and  emoluments,  and  shall  perform  similar  duties,  and 

possess  the  same  powers  with  all  other  registers  and  receivers  of  land 

offices,  and  shall,  in  all  respects,  be  governed  by  the  laws  of  the  United 

States  providing  for  the  sale  of  the  public  lands. 

Books,  maps,  SEC.  3.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen- 
Ac.,  of  the  Fay-  erai  Land  Office  shall  cause  to  be  transferred  to  the  land  office  hereby 
ette  land  district,  createtl  alj  8ucn  books,  maps,  records,  field-notes,  and  plats,  or  tran- 
new  office.  scripts  thereof,  relating  to  the  surveys  and  entries  of  the  public  lands 

in  this  district,  as  may  be  necessary  for  the  sale  of  the  public  lands,  in 
compliance  with  the  provisions  of  this  act.  (a) 
(a)  See  Noa.  983,  994,  997,  1001, 1019,  1028,  1064,  1076,  1095. 


MISSOURI.  451 

No.  1080.— AX  ACT  for  the  relief  of  Solomon  Davis.  March  2,  1849. 

Be  it  enacted,  $-c.,  That  Solomau  Davis,  of  Oregon  County,  in  the  State 

of  Missouri,  be,  and  he  is  hereby,  authorized  to  enter,  in  place  of  the     Solomon  Davis 
northwest  quarter  of  lot  number  two,  in  the  southwest  quarter  of  sec-  Bother  t0iot    of 
tion  number  six,  in  township  number  twenty-four  north,  range  five  iamj  \u  ]ieu  Of 
west,  any  other  lot  of  land  subject  to  private  entry,  and  that  his  pay-  the  one   hereto- 
ment,  heretofore  made  for  said  northwest  quarter  of  lot.  number  two,  for.e  entered  and 
shall  be  taken  in  part  payment  for  said  new  entry :  Provided,  That  the  paprovLo 
said  Solomon  Davis  shall  first  release  to  the  United  States  all  his  right, 
title,  interest,  and  claim  to  said   northwest  quarter  of   lot  number 
two,  containing  thirty-five  acres  and  thirty-six  hundredths,  more  or  less, 
and  shall  further  show,  before  said  release,  that  the  title  to  said  lot 
number  two  is  still  in  him,  the  said  Davis,  and  that  the  said  lot  has 
•not  been  in  any  way  encumbered  by  mortgage,  judgment,  taxes,  or  in 
any  other  manner,  and  that  the  title  thereto  is  in  every  respect  as  good 
as  when  the  same  was  entered  by  the  said  Davis. 


l¥o.  1081.— AN  ACT  to  authorize  the  citizens  of  Ozark  County,  Missouri,  to  enter     March  3,  1849. 
less  than  a  quarter- section  of  land  for  the  seat  of  justice  in  said  county.  "Vol.  9,  p.  772. 


Be  it  enacted,  cfc.,  That  the  county  of  Ozark,  in  the  State  of  Missouri,     citizens  of 
may  enter  by  preemption  less  than  a  quarter- section  of  land,  to  be  taken  Ozark  County  au- 
by  legal  subdivision.     Said  entry,  except  as  to  quantity,  shall  be  made  thorized  to  ®nter 
according  to  the  provisions  of   the  act  of  Congress,  approved  May  Jeat0? VsSoefOT 
twenty-sixth,  eighteen  hundred  and  twenty-four,  entitled  "An  act  grant-  8aid  county, 
ing  to  the  counties  or  parishes  of  each  State  and  Territory  of  the  United 
States  in  which  the  public  lands  are  situated,  the  right  of  preemption 
to  quarter-sections  of  land  for  seats  of  justice  within  the  same. 


No.  1082 — AN  ACT  for  the  relief  of  Charles  McLane,  of  Missouri.  March  3,  1849. 

Be  it  enacted,  $-c.,  That  the  claim  of  Charles  McLane  to  seven  hundred 


and  forty-eight  arpens  and  sixty-eight  perches,  which  is  entered  as  Ancient  settle- 
number  thirty-three  in  the  second  class  of  the  decisions  of  the  late  munt,  cl^fnr-  of 
board  of  commissioners  in  Missouri,  but  which  has  since  been  shown  to  ^0  748^1  pens  and 
be  an  ancient  and  continued  settlement  claim,  be  and  the  same  is  hereby,  68  perches  of 
confirmed,  according  to  the  original  survey  in  eighteen  hundred  and  land  confirmed  to 
six.  him- 

SEC.  2.  And  be  it  further  enacted,  That  this  confirmation  is  in  no  manner     This  confirma- 
to  impair  or  affect  any  interfering  adverse  recognized  claim,  if  any  such  tio.n  not  to  im" 
should  be  found  to  exist  when  a  retracing  and  connection  by  survey  of  JJJJjSzed  cl 
the  original  lines  of  said  claim  shall  be  made  by  the  proper  officer  of 
the  United  States,  pursuant  to  this  confirmation;  and  that  after  such    ^ftert 
survey  shall  be  made,  and  an  official  plat  of  the  same  returned  to  the  JSJ.  to  General 
General  Land  Office,  a  relinquishment  patent  shall  be  issued,  in  which  Land  Office,  pat- 
shall  be  saved  and  protected  any  adverse  interfering  right,  if  such  ent  to  issue, 
exist. 


No.  1083.— AN  ACT  granting  the  right  of  way  to  the  State  of  Missouri,  and  a  por-     June  10,  1852. 

tion  of  the  public  lands,  to  aid  in  the  construction  of  certain  railroads  in  said     Vol.  10,  p.  8. 

State. 

Right  of    way 

Be  it  enacted,  $-c.,  That  the  right  of  way  through  the  public  lands  be  through  the  pub- 
and  the  same  is  hereby  granted  to  the  State  of  Missouri,  for  the  con-  lie  lands  granted 
struction  of  railroads  from  the  town  of  Hannibal  to  the  town  of  St.  J^^"*^ nd 
Joseph,  in  said  State,  and  from  the  city  of  St.  Louis  to  such  point  on  also  right  to  take 
the  western  boundary  of  said  State  as  may  be  designated  by  the  author-  materials,  &ct 
ity  of  said  State,  with  the  right  also  to  take  necessary  materials  of 
earth,  stone,  and  timber  for  the  construction  thereof,  from  the  public 
lands  of  the  United  States  adjacent  to  said  railroads  :  Provided,  That     Proviso  as  to 
in  locating  the  railroads  aforesaid,  and  assigning  the  limits  to  the  ease-  ?^°nt 
ment,  no  more  land  shall  be  taken  from  the  United  States  than  is  nec- 
essary for  a  convenient  construction  and  use  of  said  roads  as  public 
ways  for  transportation,  including  stations,  with  the  usual  build- 


452  MISSOURI. 

ings  of  all  kinds,  turn-outs  and  such  other  appurtenances  as  are  usually 

Cops-  of  loca-  enjoyed  by  railroad  companies,  and  a  copy  of  the  location  of  said  roads, 

tion  to  be  filed,     made  under  the  direction  of  the  legislature,  shall  be  forwarded  to  the 

proper  local  land  offices  respectively,  and  to  the  General  Land  Office  at 

Washington  City,  within  ninety  days  after  the  completion  of  the  same, 

to  be  recorded. 

Grant  of  lands  SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  is  hereby  granted 
to  Missouri  in  aid  to  the  State  of  Missouri,  for  the  purpose  of  aiding  in  making  the  rail- 
>f  said  rail  roads.  roa^8  aforesaid,  every  alternate  section  of  land  designated  by  even 
numbers,  for  six  sections  in  width  on  each  side  of  said  road ;  but  in 
case  it  shall  appear  that  the  United  States  have,  when  the  line  or  route 
of  said  roads,  or  either  of  them,  shall  be  definitely  fixed  by  the  author- 
ity aforesaid,  sold  any  section  or  any  part  thereof  granted  as  aforesaid, 
or  that  the  right  of  preemption  has  attached  to  the  same,  then  it  shall 
be  lawful  for  any  agent  or  agents  to  be  appointed  by  the  governor  of  said 
State,  to  select,  subject  to  the  approval  of  the  Secretary  of  the  Interior, 
from  the  lands  of  the  United  States  most  contiguous  to  the  tier  of  sec- 
tions above  specified,  so  much  land  in  alternate  sections  or  parts  of 
sections  as  shall  be  equal  to  such  lands  as  the  United  States  have  sold, 
or  to  which  the  right  of  preemption  has  attached  as  aforesaid  ;  which 
lands,  thus  selected  in  lieu  of  those  sold,  and  to  which  pre-emption  rights 
have  attached  asaforesaid,  together  with  the  sect  ions  and  parts  of  sections 
designated  by  even  numbers  as  aforesaid,  and  appropriated  as  aforesaid, 
shall  be  held  by  the  State  of  Missouri  for  the  use  and  purpose  aforesaid  : 
Provisos.  Provided,  That  the  lands  to  be  so  located  shall  in  no  case  be  further 
than  fifteen  miles  from  the  line  of  the  road  in  each  case :  Provided  fur- 
ther, That  the  lands  hereby  granted  shall  be  exclusively  applied  in  the 
construction  of  that  road  for  which  it  was  granted  and  selected,  and 
shall  be  disposed  of  only  as  the  work  progresses,  and  the  same  shall  be 
applied  to  no  other  purpose  whatsoever :  And  provided  further,  That  any 
and  all  lands  heretofore  reserved  to  the  United  States  by  any  act  of 
Congress,  or  in  any  other  manner  by  competent  authority,  for  the  pur- 
pose of  aiding  in  any  object  of  internal  improvement,  or  for  any  other 
purpose  whatsoever,  be  and  the  same  are  hereby  reserved  to  the  United 
States  from  the  operation  of  this  act,  except  so  far  as  it  may  be  found 
necessary  to  locate  the  route  of  the  said  railroads  through  such  reserved 
lands;  in  which  case  the  right  of  way  only  shall  be  granted,  (a) 
The  minimum  SEC.  3.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec- 
price  of  the  sec-  tions  of  land  which,  by  such  grant,  shall  remain  to  the  United  States, 

doubled* gran  within  8ixmile80n  eaoh  side  of  8aid  roads,  shall  not  be  sold  for  less 
than  double  the  minimum  price  of  the  public  lands  when  sold  ;  which 
lands  shall  from  time  to  time  be  offered  at  public  sale  to  the  highest 
bidder,  under  the  direction  of  the  Secretary  of  the  Interior,  and  shall 
not  be  subject  to  entry  until  they  shall  have  been  so  offered  at  public 
sale.  (&) 

The  granted  SEC.  4.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted  to 
laudd%o°uo  other the  8aid  State  8na11  be  8ubJect  **> the  disposal  of  the  legislature  thereof, 
purpose,  and  the  f°r  ^e  purposes  aforesaid,  and  no  other;  and  the  said  railroads  shall 
railroads  to  be  be  and  remain  public  highways  for  the  use  of  the  Government  of  the 
free  to  the  use  of  United  States,  free  from  toll  or  other  charge  upon  the  transportation  of 

3  d  any  property  or  troops  of  the  United  States. 

How  the  grant-  SEC.  5.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to 
ed  lands  are  to  said  State  shall  be  disposed  of  by  said  State  only  in  manner  following, 
be  disposed  of.  that  is  to  say :  that  a  quantity  of  land  not  exceeding  one  hundred  and 
twenty  sections  on  each  road,  and  included  within  a  continuous  length 
of  twenty  miles  of  said  road,  may  be  sold ;  and  when  the  governor  of 
said  State  shall  certify  to  the  Secretary  of  the  Interior,  that  said  twenty 
miles  of  said  road  is  completed,  then  another  like  quantity  of  land  hereby 
granted  may  be  sold  ;  and  so  from  time  to  time,  until  said  road  is  com- 
pleted ;  and  if  said  road  be  not  completed  within  ten  years,  no  further 
sales  shall  be  made,  and  the  land  unsold  shall  revert  to  the  United 
States. 

The  mail  to  be  SEC.  6.  And  be  it  further  enacted,  That  the  United  States  mail  shall  at 
transported  a  tall  times  be  transported  on  said  railroads  under  the  direction  of  the 
Caress™6  shall  Po8t-°ffice  Department,  at  such  price  as  Congress  may  bylaw  direct,  (a) 
fix.  °  (0)  See  Nos.  1086,  1088, 1111, 1112, 1113, 1120, 1121, 1122, 112o,  1131,  1132,  1133, 1134, 113C, 

1152. 

<&)  See  Nos.  729,  981,  983,  997,  1007,  1009.  1010,  1020,  1028,  1066,  1096,  1110,  1115,  1120, 
1121,  1135. 


MISSOURI.  453 

No.  1084  —  AN  ACT  giving  the  assent  of  Congress  to  the  State  of  Missouri  to  June  10,  1852. 
impose  a  tax  or  taxes  upon  all  lands  hereafter  sold  by  the  United  States  therein,  Vol.  10,  p.  10. 
from  and  after  the  day  of  such  sale.  --- 

Be  it  enacted,  <$-c.,  That  the  assent  of  Congress  is  hereby  given  to  the    Missouri    may 
State  of  Missouri,  to  impose  a  tax  or  taxes  upon  ail  lands  hereafter  sold  tax  Public  lands 
by  the  United  States,  in  said  State,  from  and  after  the  day  of  such  sale  :  as 
Provided,  That  the  assent  hereby  given  shall  in  nowise  impair  that  pro- 
vision of  the  compact  with  the  said  State  which  declares  that  all  lands  ^e^^n  &S  t0 

to  citizens  of  the  United  States  residin     without  the  said      i 
State  sha 
ing  therein,  (a) 

(a)  See  Nos.  791,  989. 


n 
belonging  to  citizens  of  the  United  States  residing  without  the  said  re8icientg. 

hall  never  be  taxed  higher  than  lands  belonging  to  persons  resid- 


No. 1085.— AN  ACT  for  the  relief  of  James  W.  Campbell,  of  Pike  County,  Mis-     July  21,  1852. 

souri.  Vol.  10,  p.  733. 

r,e  it  enacted,  $c.,  That  James  W.  Campbell,  of  Pike  County,  State  of  James  ^ 
Mi.-souri,  be  authorized  to  enter,  fr^e  of  charge,  any  of  the  public  Campbell  author- 
lands,  subject  to  private  entry,  at  one  dollar  and  twenty-five  cents  per  ized  to  enter  cer- 
acre,  lying  in  the  district  of  lands  subject  to  sale  at  the  land  office  at 
Palmyra,  in  said  State,  not  exceading  one  hundred  and  twenty  acres, 
upon  making  proof  satisfactory  to  the  register  and  receiver  of  said 
land  office,  subject  to  the  approval  of  the  Commissioner  of  the  General 
Land  Office,  that  he  is  the  legal  assignee  of  John  J.  Jackson,  and  that 
two  certain  receiver's  receipts,  numbered  nineteen  thousand  five  hun- 
dred and  thirteen,  and  nineteen  thousand  five  hundred  and  fourteen, 
dated  June  twenty-six,  eighteen  hundred  and  thirty-eight,  purporting 
to  be  issued  by  A.  Bird,  receiver  at  Palmyra,  in  favor  of  said  Jackson, 
one  for  fifty  dollars,  and  one  for  one  hundred  dollars,  are  genuine,  and 
upon  surrendering  said  receipts  to  the  United  States  and  executing  a 
relinquishment  of  all  his  right,  title,  and  interest  to  the  land  therein 
described. 


No.  1086.— AN  ACT  granting  the  right  of  way  and  making  a  grant  of  land  to  the      Feb.  9,  1853. 
States  of  Arkansas  and  Missouri,  to  aid  in  the  construction  of  a  railroad  from  a  point    Vol.  10,  p.  155. 

on  the  Mississippi,  opposite  the  mouth  of  the  Ohio  Eiver,  via  Little  Rock,  to  the 

Texas  boundary  near  Fulton,  in  Arkansas,  -with  branches  to  Fort  Smith  and  the 
Mississippi  River. 

Be  it  enacted,  $c.,  That  the  right  of  way  through  the  public  lands  be     Grant  of  right 
and  the  same  is  hereby  granted  to  the  States  of  Arkansas  and  Missouri,  Jansas^nd  Mis- 
for  the  construction  of  a  railroad  from  a  point  on  the  Mississippi  Kiver,  sonri  for  a  rail- 
opposite  the  mouth  of  the  Ohio,  in  the  State  of  Missouri,  via  Little  road 
Eock,   to  the  Texas   boundary  line  near  Fulton,  in  Arkansas,   with 
branches  from  Little  Ro;  k,  in  Arkansas,  to  the  Mississippi  River  and  to 
Fort  Smith,  in  said  State,  with  the  right  to  take  necessary  materials  of 
earth,  stone,  timber,  etc.,  for  the  construction  thereof:  Provided,  That    Extent  of  right, 
the  right  of  way  shall  not  exceed  one  hundred  feet  on  each  side  of  the  C op  °f ,  survey 
length  thereof,  and  a  copy  of  the  survey  of  said  road,  made  under  the  to  b 
direction  of  the  legislatures  of  the  said  States,  shall  be  forwarded  to 
the  proper  local  land  offices  respectively,  and  to  the  General  Land  Office 
at  Washington  City,  within  ninety  days  after  the  completion  of  the 
same. 

SEC.  2.  And  l)e  itfurthei'  enacted,  That  there  be  and  is  hereby  granted     Grant  of  land 
to  the  States  of  Arkansas  and  Missouri,  respectively,  for  the  purpose  of  to  said  States  in 
aiding  in  making  the  railroad  and  branches  as  aforesaid,  within  their  J^01 
respective  limits,  every  alternate  section  of   land  designated  by  even 
numbers,  for  six  sections  in  width  on  each  side  of    said  road  and 
branches ;  but  in  case  it  shall  appear  that  the  United  States  have,  when 
the  line  or  route  of  said  road  is  definitely  fixed  by  the  authority  afore- 
said, sold  any  part  of  any  section  hereby  granted,  or  that  the  right  of 
preemption  has  attached  to  the  same,  then  it  shall  be  lawful  for  any 
agent  or  agents,  to  be  appointed  by  the  governor  of  said  State,  to  select, 
subject  to  the  approval  aforesaid,  from  the  lands  of  the  United  States 
most  contiguous  to  the  tier  of  sections  above  specified,  so  much  laud  in 
alternate  sections  or  parts  of  sections  as  shall  be  equal  to  such  lauds  as 
the  United  States  have  sold,  or  to  which  the  right  of  preemption  has 
attached  as  aforesaid,  which  lands,  being  equal  in  quantity  to  one-half 
of  six  sections  in  width  on  each  side  of  said  road,  the  States  of  Arkan- 
sas and  Missouri  shall  have  and  hold  to  and  for  the  use  and  purpose 
aforesaid :  Provided,  That  the  lands  to  be  located  shall  in  no  case  be     Provisos, 
further  than  fifteen  miles  from  the  line  of  the  road :  And  provided  further, 


454  MISSOURI. 

Purpose  to  That  the  lands  hereby  granted  shall  be  applied  in  the  construction  of 
which  the  grant-  6ai(|  Tird^  and  8hall  be  disposed  of  only  as  the  work  progresses,  and 
applied.  *  8na11  be  applied  to  no  other  purpose  whatsoever:  And  provided  further, 

Reserved  lands  That  any  and  all  lands  reserved  to  the  United  States  by  any  act  of 
excepted  from  Congress,  for  the  purpose  of  aiding  in  any  object  of  internal  improve- 
ment, or  in  any  manner  for  any  purpose  whatsoever,  be  and  the  same 
are  hereby  reserved  to  the  United  States  from  the  operation  of  this  act, 
except  so  far  as  it  may  be  found  necessary  to  locate  the  routes  of  the 
said  railroad  and  branches  through  such  reserved  lands,  (a) 

Price    of    sec-     SEC.  3.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec- 
tions not  granted  tions  of  land  which  by  such  grant  shall  remain  to  the  United  States 
within  six  miles  on  each  side  of  said  road,  shall  not  be  sold  for  less  than 
double  the  minimum  price  of  the  public  lands  when  sold.  (6) 

Lands  granted  SEC.  4.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted 
to  be  appropri-  to  the  said  States  shall  be  subject  to  the  disposal  of  the  legislatures 
ated  to  r-  thereof,  for  the  purposes  aforesaid  and  no  other;  and  the  said  railroad 

Xo  charge   to  and  branches  shall  be  and  remain  a  public  highway  for  the  use  of  the 
be  made  to  the  Government  of  the  United  States,  free  from  toll  or  other  charge  upon 
United  States  for  the  transportation  of  any  property  or  troops  of  the  United  States. 
Sj?SJty    or     SEC-  5-  And  be  u  further  enacted,  That  the  lands  hereby  granted  to  said 
troops.  States  shall  be  disposed  of  by  said  States  only  in  the  manner  follow- 

Howsaidlands  ing ;  that  is  to  say,  that  a  quantity  of  land  not  exceeding  one  hundred 
may  be  disposed  an(j  twenty  sections,  and  included  within  a  continuous  length  of  twenty 
miles  of  said  road,  may  be  sold ;  and  when  the  governors  of  said  State 
or  States  shall  certify  to  the  Secretary  of  the  Interior  that  twenty  con- 
tinuous miles  of  said  road  is  completed,  then  another  like  quantity  of 
Unsold    lands  land  hereby  granted  may  be  sold ;  and  so  from  time  to  time  until  said 
to  revert  if  the  road  is  completed ;  and  if  said  road  is  not  completed  within  ten  years, 
umptetod  in  ten  no  f urther  8ales  8ha11  be  made>  and  the  land  unsold  shall  revert  to  the 
years  United  States. 

Mail  to  be  SEC.  6.  And  be  it  further  enacted,  That  the  United  States  mail  shall  at 
transported  at  a\\  times  be  transported  on  the  said  road  and  branches,  under  the  direc- 
Congress1Ce8shall tion  °.f  the  p°8t- Office  Department,  at  such  price  as  Congress  may  by 
direct,  l»w  direct,  (a) 

(a)  See  Nos.  1083,  1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 

1152. 

(6)  See  Nos.  729, 981, 983,  997,  1007,  lOOy,  1010, 1020, 1028, 1083,  1096, 1110, 1115, 1120, 1121, 
1135. 


Feb.  9,  1853.       No.  1087.— AN  ACT  for  the  relief  of  Joseph  M.  Wilcoxon,  of  the  State  of  Mis- 
Vol.  10,  p.  752.  souri. 


Certain  land  Be  it  enacted,  #c.,  That  entries  number  twenty-one  thousand  nine 
entries  in  Mia-  hundred  and  seventy-seven,  and  twenty-two  thousand  one  hundred  and 
toarj  CM  firw!l-  thirty-eignt>  of  the  south  half  of  section  three,  and  the  southeast  frac- 
coxon.  tional  quarter  of  section  nine,  on  island  number  nineteen,  in  township 

fifty-one,  north  of  range  twenty-two  west,  in  the  State  of  Missouri,  here- 
tofore made  by  Joseph  M.  Wilcoxon,  be,  and  the  same  are  hereby  con- 
firmed to  the  said  Joseph  M.  Wilcoxon,  his  heirs  and  assigns,  and  the 
title  to  the  said  laud  be,  and  the  same  is  hereby  vested  in  the  said 
Proviso.  Joseph  M.  Wilcoxon,  his  heirs  and  assigns  :  Provided,  That  this  act  shall 

•  not  be  construed  to  interfere  with,  or  in  anywise  impair,  the  rights  of 

third  persons  in  and  to  the  said  land  or  any  part  thereof. 

Feb.  14,  1853.     No.  1088.— AN  ACT  granting  the  right  of  way  to  the  St.  Louis  and  Iron  Mount- 
Vol.  10,  p.  754.  ain  Railroad  Company,  and  for  other  purposes. 


Right  of  way      Be  it  enacted,  j-c.,  That  the  right  of  way,  sixty  feet  in  width,  through 
at    St.    Louis  the  lands  in  which  the  St.  Louis  arsenal,  the  St.  Louis  marine  hospital, 
granted    to    the  and  Jefferson  barracks  are  situated,  in  the  State  of  Missouri,  be  and 
Iron     Mountain  the  8ame  is  nereby  granted  to  the  St.  Louis  and  Iron  Mountain  Rail- 
Railroad,  road  Company,  for  the  construction  of  a  railroad  from  the  city  of  St. 
Pr  >visos.  Louis  through  said  lands  :  Provided,  That  the  location   of  said   road 
through  the  lands  aforesaid  shall  be  made  subject  to  the  approval  of 
the  Secretary  of  War  :  Provided  further,  That  said  location  can  be  made 
without  injury  to  the  public  interest  in  the  opinion  of  the  said  Secretary 

of  War.  (a) 

#  *  *  *  #  *  * 

(a)  See  Nos.  1083, 1086, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 
1152. 


MISSOURI.  455 

No.  1089.— AX  ACT  for  the  relief  of  Conrad  Wheat,  jr.,  or  his  legal  represents     July  27, 1854. 

tives.  Vol.  10,  p.  798. 

Be  it  enacted,  $*c.,  That  the  location  of  six  hundred  and  forty  acres  of    conra^  wheat, 
land,  and  which  is  described  as  survey  number  two  thousand  four  huu- jr.'s  location  of 
dred  and  fifty-three  in  township  forty-four  north,  of  range  five  and  six  640  acres  of  land 
east,  of  the  principal  meridian,  in  the  State  of  Missouri,  made  by  Con-  confirmed. 
rad  Wheat,  jr.,  on  the  twenty-second  day  of  October,  eighteen  hundred 
and  sixteen,  under  a  certificate  of  location  numbered  one  hundred  and 
thirteen,  issued  on  the  twelfth  day  of  August,  eighteen  hundred  and 
sixteen,  by  the  recorder  of  land  titles,  to  the  said  Wheat,  is  hereby  con- 
firmed. 

SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen-  Patent  to  issue 
eral  Land  Office  is  hereby  authorized  to  issue  a  patent  to  the  said  Con-  Jo  said  Wheat  or 
rad  Wheat,  jr.,  or  his  legal  representatives,  for  the  said  lands.  tives  16 

No.  1090.— AN  ACT  for  the  relief  of  William  J.  McElhiney,  E.  P.  Matthews,  and     Aug.  3,  1854. 
Lawrence  Cribben.  Vol.  10,  p.  813. 

Be  it  enacted,  $-c.,  That  William  J.  McElhiney,  E.  P.  Matthews,  and  "Wm.  J.  McEl- 
Lawrence  Cribben,  shall  be,  and  they  are  hereby,  respectively  authorized  hiney,  E.  P.  Mat- 
to  enter  the  portions  of  the  southeast  fractional  quarter  of  fractional  *hew.8'  and  L- 
section  ten,  and  the  southwest  fractional  quarter  of  fractional  section  e/ally  '  author 
eleven,  west  of  the  St.  Charles  commons,  in  township  forty-sixth  north,  ized  to  enter  cer- 
of  range  four  east,  in  the  district  of  lands  subject  to  sale  at  St.  Louis,  tain  lands  now  in 
Missouri,  now  in  possession  of  each  of  them,  upon  producing  proof  to tbeir  possession, 
the  satisfaction  of  the  land  officers  for  said  district,  of  the  extent  of  Sftions 
their  possessions,  respectively,  in  said  fractional  sections,  and  paying  wheii  patent 
therefor  the  minimum  price  of  the  public  lands  ;  and,  upon  such  proof  to  issue  therefor. 
and  payment  being  made,  certificates  and  patents  shall  be  issued  there- 
for, as  in  other  cases  of  the  sale  of  public  lands. 

No.  1091  .—AN  ACT  for  the  relief  of  Lloyd  Dorsey,  and  others.  Aug.  5, 1854. 

Be  it  enacted,  fc.,  That  Lloyd  Dorsey,  of  the  county  of  St.  Charles,     Yof  1Q.P-825- 
and  State  of  Missouri,  be,  and  he  is  hereby,  authorized  to  enter  at  the     Lloyd    Dorsey 
proper  land  office  in  said  State,  at  the  minimum  price  of  the  public  authorized  to  en- 
lands,  the  southeast  fractional  quarter  of  section  twenty-two,  township  ter  certain  land, 
forty-six,  range  four  east,  containing  one  hundred  and  forty-two  and 
eighty-nine  one-hundredth  acres  ;  and  that  he  is  hereby  authorized  to 
enter,  for  the  use  and  benefit  of  the  heirs  of  George  Pitzer,  deceased, 
the  southwest  fractional  quarter  of  section  twenty-two,  township  forty- 
six,  range  four  east,  containing  one  hundred  and  four  acres,  and  the 
northeast  fractional  quarter  of  section  twenty-seven,  township  forty- 
six,  range  four  east,  containing  forty-six  acres :  Provided,  That  nothing    Proviso, 
in  this  act  contained  shall  prejudice  the  rights  of  any  person  or  persons 
having  any  legal  or  equitable  claim  to  the  lands  herein  mentioned,  any 
or  part  thereof. 

No.  1092.— AN  ACT  for  the  relief  of  the  legal  representatives  of  George  McGirk.     Aug.  5. 1854. 

Be  it  enacted,  fc.,  That  the  legal  representatives  of  George  McGirk    YoL  10'  p"  826> 
be,  and  they  are  hereby,  authorized  to  enter,  without  payment,  one    The  represent- 
hundred  and  sixty  acres  of  land,  in  any  land  office  of  the  State  of  Mis-  atives    of     Me- 
souri,  in  lieu  of  a  tract  of  land  claimed  by  them  in  said  State,  viz  :  the  Girk  "J  certain 
northwest  quarter  of  section  one,  in  township  forty-eight,  of  range  iands. 
seventeen,  (west  of  the  fifth  principal  meridian  line,  and  being  survey 
number  two  thousand  five  hundred  and  forty- four;)  for  which  land, 
so  entered  by  them,  the  register  of  the  land  office  shall  issue  the  neces- 
sary certificate,  on  payment  of  the  fee  therefor,  on  return  of  which 
said  certificate  to  the  General  Land  Office,  a  patent  shall  issue  in  favor 
of  said  legal  representatives. 


No.  1 093.— AN  ACT  for  the  relief  of  the  inhabitants  of  township  forty-five,  range     Aug.  5, 1854. 
one,  in  Warren  County,  Missouri.  Vol.  10,  p.  827. 

Whereas  the  concession  of  six  hundred  arpens  of  land  by  C.  D.  DC-  "preamble, 
lassus,  the  lieutenant  governor  of  Upper  Louisiana,  to  Andrew  Kinaird, 
and  which  concession  was  confirmed  by  the  act  of  Congress  of  July 
fourth,  eighteen  hundred  and  thirty-six,  entitled  "An  act  confirming 
claims  to  land  in  the  State  of  Missouri,  and  for  other  purposes,"  was 
located  prior  to  the  surveys  of  the  public  lands  in  Missouri ;  and  whereas, 


456  MISSOURI. 

upon  the  survey  of  said  lauds  cue-half  of  section  sixteen,  of  township 
forty -five,  of  range  one  west,  in  Warren  County,  Missouri,  was  covered 
by  the  concession  to  said  Kinaird  :  Therefore — 

Other    lands     Be  it  enacted,  $°c.,  That  the  board  of  directors  of  common  schools  in 
may  be  selected  and  for  g^  township  be,  and  they  are  hereby,  authorized  to  select  and 
SsectionlG         have  set  apart,  for  the  use  of  schools  in  said  township,  one-half  of  a 
section  of  any  of  the  public  lands  in  the  land  district  within  which 
said  county  is  situated,  in  lieu  of  the  half  of  said  section  sixteen,  which 
is  covered  by  the  concession  to  said  Kinaird ;  and  when  the  said  board 
of  directors  shall  make  the  selection  of  said  half-section,  the[y]  shall 
notify  the  register  of  the  land  office  in  said  district  of  the  land  so  se- 
lected, and  the  same  shall  be  reserved  from  sale  and  set  apart  for  the 

Proviso.  use  of  schools  in  said  township  :  Provided,  That  said  selection  and  noti- 

fication be  made  within  twelve  months  after  the  passage  of  this  act, 
and  provided  said  selection  shall  be  according  to  the  legal  subdivisions 
of  the  public  lands,  and  in  quantities  not  less  than  eighty  acres. 

When  selected;      SEC.2.  Andbeit  further  enacted,  That,  when  the  half-section  of  land  shall 
nT  *°d  have  been  so  as  aforesaid  selected  and  reported  to  the  register  af  oresaid,the 

same  shall  vest  in  the  State  of  Missouri,  subject  to  the  same  disposition  and 
uses,  and  shall  be  held  subject  to  the  same  conditions  and  terms  in  all 
respects  whatsoever,  as  by  the  sixth  section  of  the  act  of  Congress  of 
March  sixth,  eighteen  hundred  twenty,  entitled  "An  act  to  authorize 
the  people  of  Missouri  Territory  to  form  a  constitution  and  State  gov- 
ernment, and  for  the  admission  of  such  State  into  the  Union  on  an  equal 
footing  with  the  original  States,  and  to  prohibit  slavery  in  certain  Ter- 
tories,"  were  prescribed  or  intended  in  relation  to  sections  numbered 
sixteen,  (a) 

(a)  See  Xos.  972, 988, 989, 995, 1013, 1016, 1114, 1142, 1145. 


Jan.  12, 1855.      No.  1 094.— AX  ACT  authorizing  the  legal  representatives  of  Antoine  Vasquez, 
Tol  10  p.  838.         Hypolite  Vasquez,   Joseph  Vasquez,  and  John  Colligan,  to  enter  certain  lands  in 
Missouri. 


Representatives      Be  it  enacted,  $c.,  That  the  legal  representatives  of  Antoine  Vasquez, 
of  Antoine  Vas-  Hypolite  Vasquez,  Joseph  Vasquez,  and  John  Colligan,  be,  and  they 
quez,  and  others,  are  hereby,  authorized  to  enter,  without  payment,  at  any-land  office  in 
ter -certain  land  the  State  of  Missouri,  in  such  quantities,  agreeably  to  the  United  States 
in    Missouri    in  surveys,  as  the  claimants  may  desire,  a  quantity  of  land  subject  to 
lieu  of    another  private  entry,  not  exceeding  eight  hundred  arpens^for  each  of  the  three 
persons  first  above  named,  and  twelve  hundred  arpens  for  said  Colligan, 
in  lieu  of,  and  in  compensation  for,  a  claim  of  that  quantity  allowed 
to  them  by  the  board  of  commissioners  appointed  for  the  final  adjust- 
ment of  private  land  claims  in  the  State  of  Missouri,  and  confirmed  to 
them  by  "An  act  confirming  claims  to  land  in  the  State  of  Missouri, 
and  for  other  purposes,"  approved  July  fourth,  eighteen  hundred  and 
thirty-six ;  and  the  register  or  registers  of  the  land  offices  aforesaid  shall 
receive  the  proper  applications  and  proofs,  and  shall  issue  the  necessary 
certificate  or  certificates,  on  return  of  which  to  the  General  Land  Office, 
with  proofs  sufficient,  in  the  opinion  of  the  Secretary  of  the  Interior, 
to  establish  the  right  of  the  claimants  as  such  legal  representatives,  a 
Patent  to  issue,  patent  or  patents  shall  issue,  as  in  other  cases. 


April  5, 1856.     No.  1095.— AX  ACT  to  continue  temporarily  the  hind  offices  at  Kalamazoo,  in  the 
VoL  11,  p.  2.  State  of  Michigan,  and  at  Palmyra,  in  the  State  of  Missouri. 

[See  MICHIGAN,  No.  525a.] 


July  3, 1856.      No.  1096.— AX  ACT  granting  to  certain  citizens  of  the  State  of  Missouri  the  right 
VoL  11,  p.  23.  to  enter  certain  lands  in  the  Plattsburg  district,  in  said  State. 

Preamble  Whereas  the  State  of  Missouri,  under  the  provi  ions  of  the  eighth  sec- 

tion of  the  act  of  Congress  of  the  fourth  September,  eighteen  hundred 
and  forty-one,  selected  certain  lands  in  the  Plattsburg  district,  in  the 
said  State  of  Missouri,  which  lands  were  thereupon  withheld  from  sale 
by  the  United  States;  and  whereas  the  said  State  of  Missouri  permitted 
entries  thereof  to  be  made  at  the  State  laud  office  ;  and  whereas,  also, 
the  said  selections  by  the  State  of  Missouri  were  subsequently  rejected 
and  not  confirmed  to  the  said  State;  now  therefore, 


MISSOURI.  457 

Be  it  enacted,  cj'-c.,  That  in  all  cases  where  persons  purchase  such  lands    Purchasers 
from  the  said  State  of  Missouri,  by  entry  at  the  State  land  office,  the  JJJSdJ1  "j^Jjf1  £ 
title  to  which  lauds  is  still  in  the  United  States,  such  persons  so  hav-  the     piattsburg 
ing  purchased  the  same,  or  their  assignees,  in  case  the  same  shall  have  district, 
been  sold  and  conveyed,  shall  be  permitted  to  enter  the  same  at  the 
proper  land  office  of  the  United  States,  at  the  price  of  one  dollar  and 
twenty-five  cents  per  acre :  Provided,  That  in  all  cases  where  entries  of     Proviso, 
such  lauds  have  been  permitted  to  be  made  at  the  proper  United  States 
land  office,  at  one  dollar  and  twenty-five  cents  per  acre,  by  persons  who 
had  purchased  the  same  from  the  State  of  Missouri,  or  their  assignees, 
such  entries  or  sales  shall  be,  and  the  same  are  hereby,  confirmed :  Pro- 
vided, further,  That  nothing  in  this  act  contained  shall  be  construed  so 
as  to  interfere  with  the  rights  of  third  parties,  (a) 

(a)  See  Nos.  729,  981,  983, 997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1110, 1115,  1120, 1121, 
1135. 

No.  1097.— AN  ACT  authorizing  the  legal  representatives  of  Manuel  Gonzales     Aug.  23, 1856. 
Moro  to  enter  certain  lands  in  Missouri.  Vol.  11,  p.  482. 

Be  it  enacted,  $c.,  That  the  legal  representatives  of  Manuel  Gonzales  Representatives 
Moro  be  and  they  are  hereby  authorized  to  enter,  without  payment,  at  Of  Manuel  Gon- 
aiiy  land  office  in  the  State  of  Missouri,  in  such  quantities,  agreeably  to  zales  Moro  au- 
the  United  States  surveys,  as  the  claimants  may  desire,  a  quantity  of  thorized  to  enter 
land  subject  to  private  entry,  not  exceeding  seven  thousand  and  fifty-  ce 
six  arpens  of  laud,  at  a  price  not  exceeding  one  dollar  and  twenty-five 
cents  per  acre,  in  lieu  of  and  in  compensation  for  a  claim  of  that  quantity 
allowed  to  them  by  t  he  board  of  commissioners  appointed  for  the  final  ad- 
justment of  private  land  claims  in  the  State  of  Missouri,  and  confirmed  to 
them  by  "An  act  confirming  claims  to  land  in  the  State  of  Missouri,  and 
for  other  purposes,"  approved  July  fourth,  eighteen  hundred  and  thirty- 
six.  And  the  register  and  receiver  of  the  land  offices  aforesaid  shall 
receive  the  proper  applications  and  proofs,  and  shall  issue  the  necessary 
certificate  or  certificates;  on  return  of  which  to  the  General  Land 
Office,  with  proof  sufficient,  in  the  opinion  of  the  Secretary  of  the  Inte- 
rior, to  establish  the  right  of  the  claimants  as  such  legal  representa- 
tives, a  patent  or  patents  shall  issue  as  in  other  cases. 


No.  1O9S.— AN  ACT  to  authorize  the  legal  representatives  of  Pascal  L.  Cerre  to     Jan.  26, 1857. 
enter  certain  lands  in  the  State  of  Missouri.  Vol.  11,  p.  488. 

Be  it  enacted,  $-c.,  That  the  legal  representatives  of  Pascal  L.  Cerre  be  Representatives 
and  they  are  hereby  authorized  to  locate,  free  of  costs,  on  any  of  the0f    Pascal    L. 
public  lands  of  the  United  States  in  the  State  of  Missouri,  agreeably  to  Cerre  authorized 
the  United  States  surveys,  subject  to  sale  at  private  entry,  at  the  mini-  f°  locate  certain 
mum  price,  the  quantity  of  seven  thousand  and  fifty-six  arpens  of  land, lai 
less  such  quantity  of  lands  as  they  may  have  already  acquired  under 
and  by  virtue  of  the  confirmatory  act  of  eighteen  hundred  and  thirty- 
six,  entitled  "An  act  confirming  claims  to  lauds  in  the  State  of  Missouri, 
and  for  other  purposes,"  approved  July  fourth,  eighteen  hundred  and 
thirty-six  ;  and  the  Commissioner  of  the  General  Land  Office,  upon  the 
receipt  of  the  proper  certificate  or  certificates,  and  upon  being  satisfied 
that  such  claimants  are  such  legal  representatives,  shall  cause  a  patent 
or  patents  to  be  issued  as  in  other  cases. 


No.  1099.—  AN  ACT  for  the  relief  of  Charles  Lucas,  or  his  legal  representatives,      peb.  3,  1857. 

and  for  other  purposes.  Vol.  11,  p.  490 

Be  it  enacted,  $-c.,  That  Charles  Lucas,  or  his  legal  representatives,  be 
and  he  or  they  are  hereby  confirmed  in  the  hereinafter-described  one  or 


hundred  and  twenty-five  acres  and  fifty-eight  one-hundredths  of  an  atives    confirm- 

acre,  part  and  parcel  of  a  tract  of  three  hundred  and  twenty  -three  acres  ed  in  their  title 

and  fourteen  one-hundredths  of  an  acre,  located  by  virtue  of  New  to 

Madrid  certificate  number  two  hundred  and  thirteen,  corresponding  to  80 

survey  number  two  thousand  five  hundred  and  ninety-two,  lying  in  the 

Palmyra,  Missouri,  land  district,  that  is  to  say,  the  west  half  of  the 

southwest  quarter  of  section  twenty-five,  a  strip  eighty-one  links  wide 

off  the  entire  north  side  of  the  northwest  quarter  of  section  thirty-six, 

and  so  much  off'  the  south  end  of  the  east  half  of  the  southwest  quarter 

of  section  twenty-  live,  township  fifty-eight  north,  of  range  six  west,  as 


458  MISSOURI. 

together  will  (with  the  said  west  half  and  said  strip)  make  said  quan- 
tity of  one  hundred  and  twenty-nine  acres  andfifty-eightone-hnndredths 
of  an  acre,  and  that  a  patent  be  issued  therefor  to  the  said  Charles  Lucas, 
or  his  legal  representatives,  upon  the  receipt  of  a  plat  and  survey  of 
the  same,  executed  by  the  proper  officer,  which  said  patent  shall  have 
the  same  force  and  effect  as  if  the  said  certificate  number  two  hundred 
and  thirteen  had  issued  for  said  quantity  hereby  confirmed. 

John  T.  Kedd     SEC.  2.  And  be  it  further  enacted,  That  John  T.  Redd,  for  himself  and 
permitted  to  en-  those  claiming  title  derived  from  him,  be  and  he  is  hereby  permitted  to 
LarMissoS§          en.ter  with  the  register  and  receiver  of  the  proper  land  office,  at  the 
price  of  one  dollar  and  twenty -five  cents  per  acre,  all  the  rest  and  resi- 
due of  said  east  half  of  the  southwest  quarter  of  section  twenty-five, 
in  township  fifty-eight  north,  of  range  six  west,  included  in  the  location 
under  said  certificate  number  two  hundred  and  thirteen,  and  not  in- 
cluded in  the  said  one  hundred  and  twenty-nine  acres  and  fifty-eight 
one-hundredths  of  an  acre,  so  as  aforesaid  confirmed. 


March  3,  1857.  W«.  1100.— AX  ACT  for  the  relief  of  Martin  Fenwick. 

Vol.  11,  p.  511.      Be  it  enacted}  g.Ci  That  Martin  Fenwick  be  and  he  is  hereby  confirmed 
Martin   Fen- in  his  claim  to  five  hundred  arpens  of  land,  situated  on  the  west  bank 
wick    confirmed  of  the  Mississippi  River,  in  the  State  of  Missouri,  and  described  as  fol- 
m^certarnla      n  lowg)  to  ^ .  Fractional  sections  five  and  six,  lying  north  of  the  private 
land  claim  surveyed  to  George  A.  Hamilton,  number  one  thousand  two 
hundred  and  forty-four,  in  township  thirty-four :  the  southeast  frac- 
tional quarter  and  the  northwest  fractional  quarter  of  fractional  section 
thirty-one,  and  fractional  secrion  thirty-two,  in  township  thirty-five, 
all  of  range  fourteen  east,  of  the  lands  subject  to  sale  at  Jackson,  Mis- 
souri, and  containing  in  the  aggregate  four  hundred  and  twenty-five 
acres  and  forty  six  hundredths  of  an  acre. 

Authorized  to  SEC. '2  And  be  H  further  enacted,  That  said  Martin  Fenwick  shall  have 
?nt|£cert<Hn landthe  exclusive  right,  within  one  year  from  the  passage  of  this  act,  to 
enter  at  the  minimum  price  of  public  lands,  subject  to  private  sale,  the 
southwest  quarter,  and  the  fractional  northeast  quarter  of  fractional 
section  thirty-one,  township  thirty-five  north,  of  range  fourteen  east, 
of  the  lands  subject  to  sale  at  Jackson,  Missouri. 

Said   lands  to     SEC.  3.  And  be  it  further  enacted,  That  the  lands  hereby  confirmed, 
embrace     said  together  with  the  lands  authorized  to  be  entered,  are  intended  to  em- 
n'  brace  the  claims  of  Martin  Fenwick,  as  reserved  on  the  plats  of  the 
land  office  at  Jackson,  Missouri,  on  the  twenty -seventh  day  of  January, 
eighteen  hundred  and  twenty-four,  deducting  therefrom  any  part  there- 
of that  may  have  been  sold  by  the  United  States  prior  to  the  passage  of 
this  act. 

Pa  tent  to  issue.      SEC.  4.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen- 

To operate  on iy  eral  Land  Office  shall  cause  a  patent  to  be  issued  to  the  said  Martin 

as  a  relinquish-  Fenwick  for  the  lands  hereby  confirmed :  Provided,  That  such  patent 

mentof  title.        shall  only  operate  as  a  relinquishment  of  title  on  the  part  of  the  United 

States,  and  shall  not  affect  the  rights  of  any  third  person. 


May  24,  1858.         3fo.  1 1  Ot .— AN  ACT  for  the  relief  of  Regis  Tx>isel,  or  his  legal  representatives. 
Be  it  enacted,  if-c.,  That  the  said  Regis  Loisel,  or  his  legal  represeuta- 


Claim  of  Regis  tives,  be,  and  they  are  hereby,  confirmed  in  their  title  to  a  certain  tract 
confirmed0  of  laud  Ceded  by  Dou  Carlos  Dehault  Delassus,  Spanish   governor  of 

upper  Louisiana,  on  the  twenty-fifth  day  of  March,  anno  Domini  eight- 
een hundred,  to  Regis  Loisel,  situate  in  what  was  then  known  as  Upper 
Louisiana,  on  the  Missouri  River,  including  Cedar  Island,  as  the  same 
was  surveyed  on  the  twentieth  November,  anno  Domini  eighteen  hun- 
dred and  five,  by  Antonio  Soulard,  surveyor-general  for  the  Territory 
of  Louisiana,  according  to  the  plat  now  on  tile  in  the  archives  of  the 
If  said  land  is  Missouri  District.     But  it  is  pro\  ided  that  if  said  tract  of  Jand,  continued 
located  by  others,  as  aforesaid,  or  any  part  thereof,  has  been  located  by  any  other  person 
cate  or  Persons,  under  any  law  of  the  United  States,  or  has  been  surveyed 

and  sold  by  the  United  States,  this  act  shall  confer  no  title  to  such 
lands  in  opposition  to  the  rights  acquired  by  such  location  or  purchase; 
but  the  .said  Loisel,  or  his  legal  representatives,  shall  be  permitted  to 
make  a  relocation  on  an  equal  amount  of  the  public  lauds  as  may  be 


MISSOURI.  459 

taken  by  such  location  or  purchase,  that  may  be  subject  to  entry  at 
private  sale,  at  a  price  not  to  exceed  ore  dollar  and  twenty-five  cents 
per  acre ;  and  the  surveyor-general  for  the  district  of  Missouri  shall 
issue  a  certificate  to  authorize  the  same. 

SEC.  2.  And  be  it  further  enacted,  That  the  location  authorized  by  this 
act  shall   be  entered  with  the  register  of  the  proper  land  office,  who 
shall,  on  application  for  that  purpose,  make  out  a  certificate  of  such  lo-     Certificate    of 
cation  as  in  other  cases ;  and  if  it  shall  appear  to  the  Commissioner  of  location  and  pat- 
the  General  Land  Office  that  said  certificate  has  been  obtained  accord-  entt 
ing  to  the  provisions  of  this  act,  then  patents  shall  issue' as  in  other 
cases  :  And  it  is  further  provided.  That  if  it  shall  be  found  that  said 
tract  of  land,  confirmed  as  aforesaid,  has  not  been  located  by  any  other 
person  or  persons,  or  has  not  been  sold  by  the  United  States  as  afore- 
said, that,  in  that  case,  a  patent  shall  be  issued  for  the  same  as  in  other 


No.  1102 — AN  ACT  to  provide  for  the  location  of  certain  confirmed  private  land      June  2, 1858. 
claims  in  the  State  of  Missouri,  and  for  other  purposes.  Vol.  11,  p.  294. 


Be  it  enacted,  #c.,  That  the  decisions  in  favor  of  certain  land  claim-  Decisions  of 
ants  herein  made  by  the  recorder  of  land  titles  in  the  State  of  Missouri  recorder,  &c.,  as 
and  the  two  commissioners  associated  with  him,  by  virtue  of  an  act  en-  to  certain  private 
titled  uAn  act  for  the  final  adjustment  of  private  land  claims  in  Mis-^^1^8^ 
souri,"  approved  July  nine,  eighteen  hundred  and  thirty-two,  and  an  act  firmed, 
supplemental  thereto,  approved  second  March,  eighteen  hundred  and 
thirty- three,  as  entered  in  the  transcript  of  decisions  transmitted  by  the 
said  recorder  and  commissioners  to  the  Commissioner  of  the  General 
Land  Office,  which  said  claims  are  named  and  numbered  as  follows : 
Manuel  de  Liza,  number  thirty-three ;  John  Copntz  and  Heinpstead, 
number  forty-four;  Matthew  Saucier,  number  fifty-seven;  Charles 
Tayon,  number  sixty-seven;  the  sons  of  Joseph  M.  Pepin,  number  sev- 
enty-four ;  Louis  Lorimer,  number  eighty-^even  ;  Bartholomew  Cousin, 
number  eighty-nine ;  Manuel  Gonzales  Moro,  number  ninety-five ;  Sen- 
eca Rawlins,  number  one  hundred  and  four ;  William  L.  Long,  number 
one  hundred  and  six ;  Joachim  Liza,  number  one  hundred  and  thirty- 
three;  Francis  Lacombe,  number  thirty- four;  Israel  Dodge,  number 
three  hundred  and  thirty-eight ;  Joseph  Silvain,  number  two  hundred 
and  ninety- three ;  John  P.  Cabanis,  number  two  hundred  and  ninety- 
eight;  William  Hartley,  number  three  hundred  and  one ;  Andrew  Che- 
valier, number  two  hundred  and  ninety-two ;  William  Morrison,  num- 
ber three  hundred  and  seven ;  Solomon  Belle w,  number  three  hundred 
and  eight ;  Paschal  Detchemendez,  number  three  hundred  and  nine ; 
Baptiste  Amure,  number  three  hundred  and  ten ;  Alexander  Maurice, 
number  three  hundred  and  twenty-three ;  John  Baptiste  Vallee,  num- 
ber three  hundred  and  thirty-four ;  said  decisions  above  named  being 
in  the  first  plass  of  claims,  acted  upon  by  said  board ;  also  the  claim  of 
Regis  Loisel,  number  six,  in  the  second  class,  acted  on  by  said  board, 
be,  and  the  same  are  hereby,  confirmed  to  the  respective  claimants  or 
their  legal  representatives. 

SEC.  2.  And  be  it  further  enacted,   That  the  decisions  in  favor  of  land     Decisions     in 
claimants  made  by  P.  Grimes,  Joshua  Lewis,  and  Thomas  B.  Robertson,  favor    of    other 
commissioners  appointed  to  adjust  private  land  claims  in  the  eastern  ^ a*™ s    C0] 
district  of  the  Territory  of  Orleans,  communicated  to  the  House  of  Rep- 
resentatives by  the  Secretary  of  the  Treasury,  on  the  ninth  day  of  Jan- 
uary, one  thousand  eight  hundred  and  twelve,  and  which  is  [are]  found 
in  the  American   State  Papers,  Public  Lands,  (Duff  Green's  edition, ) 
volume  two,  from  page  two  hundred  and  twenty-four  to  three  hundred 
and  sixty-seven,  inclusive,  be,  and  the  same  are  hereby,  confirmed, 
saving  and  reserving,  however,  to  all  adverse  claimants  the  right  to 
assert  the  validity  of  their  claims  in  a  court  or  courts  of  justice:  Pro-     Proviso. 
vided,  howevtr,  That  any  claim  so  recommended  for  confirmation,  but 
which  may  have  been  rejected,  in  whole  or  in  part,  by  any  subsequent 
board  of  commissioners,  be,  and  the  same  is  hereby,  specially  excepted 
from  confirmation,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  the  locations  authorized  by  the     Locations  to  be 
preceding  section  shall  be  entered  with  the  register  of  the  proper  land  entered  with  reg- 
office,  who  shall,  on  application  for  that  purpose,  make  out  for  such  ister,  &c. 
claimant,  or  his  legal  representatives,  (as  the  case  may  be,)  a  certificate 
of  location,  which  shall  be  transmitted  to  the  Commissioner  of  the  Gen- 
eral Laud  Office ;  and  if  it  shall  appear  to  the  satisfaction  of  the  said 


460  MISSOURI. 

If  Commission-  Commissioner  that  said  certificate  has  been  fairly  obtained,  according 
Land  ^OfficVfe  to  tae  true  intent  an(1  meaning  of  this  act,  then,  and  in  that  case,  pat- 
satisfied,  patents  ents  saall  De  issued  for  the  land  so  located  as  in  other  cases  ;  and  for 
shall  issue.  each  and  every  certificate  as  aforesaid,  issued  by  the  register  of  any  land 

Register's  fee.  office,  he  shall  receive  the  sum  of  one  dollar;  that  in  all  cases  of  con- 
land  ^claina^lias  nrma*^on  DV  *^^s  ac^»  ar  wnere  any  private  land  claim  has  been  con- 
not  beenaiocate<l,  firmed  by  Congress,  and  the  same,  in  whole  or  in  part,  has  not  been 
the      certificate  located  or  satisfied,  either  for  want  of  a  specific  location  prior  to  such 
may  be  located,  confirmation,  or  for  any  reason  whatsoever,  other  than  a  discovery  of 
fraud  in  such  claim  subsequent  to  such  confirmation,  it  shall  be  the 
duty  of  the  surveyor  general  of  the  district  in  which  such  claim  was 
situated,  upon  satisfactory  proof  that  such  claim  has  been  so  confirmed, 
and  that  the  same,  in  whole  or  in  part,  remains  unsatisfied,  to  issue  to 
the  claimant,  or  his  legal  representatives,  a  certificate  of  location  for  a 
quantity  of  land  equal  to  that  so  confirmed  and  unsatisfied ;  which  cer- 
tificate may  be  located  upon  any  of  the  public  lands  of  the  United  States 
subject  to  sale  at  private  entry,  at  a  price  not  exceeding  one  dollar  and 
Proviso.  twenty-five  cents  per  acre :  Provided,  That  such  location  shall  conform 

to  legal  divisions  and  subdivisions. 

Register  to     SEC  4.  And  be  it  further  enacted,  That  the  register  of  the  proper  land 

sufdf6  ^tant     to  offi?e>  uPon  the  location  of  such  certificate,  shall  issue  to  the  person 

issue.  entitled  thereto  a  certificate  of  entry,  upon  which,  if  it  shall  appear 

to  the  satisfaction  of  the  Commissioner  of  the  General  Land  Office  that 

such  certificate  has  been  fairly  obtained,  according  to  the  true  intent 

and  meaning  of  this  act,  a  patent  shall  issue  as  in  other  cases.  (6) 

(a)  See  Xos.  722,  728,  957,  967,  972,  973.  974,  976,  980,  988,  998,  1002,  1007,  1020, 1024,  1041, 

1063, 1067,  1104, 1106,  1107, 1124,  1139, 1143. 
(6)  See  Xos.  957, 998, 1041, 1106, 1107. 


Feb.  28,  1859.     No.  1103.— AX  ACT  giving  the  assent  of  Congress  to  a  law  of  the  Missouri  legis- 
Vol.11,  p. 888.  lature  for  the  application  of  the  reserved  two  per  cent,  land  fund  of  said  State. 


Assent  of  Con-      Be  it  enacted,  <fc.,  That  the  assent  of  Congress  be,  and  the  same  is 
gress  given  to  an  hereby,  given  to  the  act  of  the  legislature  of  the  State  of  Missouri,  en- 
f  *MJ8  ^^l6^  "^n  ac^  supplemental  to  an  act  to  amend   'An  act  to  secure  the 
1S  completion  of  certain  railroads  in  this  State,  and  for  other  purposes,' " 
approved  on  the  nineteenth  day  of  November,  eighteen  hundred  and 
fifty-seven,  appropriating  the  two  per  centum  of  the  net  proceeds  of 
sales  of  public  lands  in  said  State,  reserved  by  existing  laws  to  be  ex- 
pended under  the  direction  of  Congress,  but  hereby  relinquished  to 
audited  &c          tnac  State  >  and  tnat  tae  proper  accounting  officers  of  the  Government 
are  hereby  authorized  and   required  to  audit  and  pay  the  accounts  for 
the  same,   as  in  the  case  of  the  three  per  centum  land  fund  of   said 
State,  (a) 

(a)  See  Xos.  989,  993,  1015. 

March  3, 1859.    No.   11O4 — A  RESOLUTION  in  relation  to  the  second  section  of  the  act  of  Con- 
Vol.  11,  p.  442.        gress  entitled  "An  act  to  provide  for  the  location  of  certain  confirmed  private  land 
! chums  in  the  State  of  Missouri  and  for  other  purposes." 


Operation     of     Resolved,  $-c.,  That  the  second  section  of  the  act  of  Congress,  entitled 

act  of  1858,  con-  "An  act  to  provide  for  the  location  of  certain  confirmed  private  land 

cerning     certain  claims  in  the  State  of  Missouri  and  for  other  purposes,"  approved  June 

claims^in    Mis-  8econ^)  eighteen  hundred  and  fifty-eight,  is  hereby  so  suspended  in  its 

souri,  inpartsus-  operation  and  effect  until  the  end  of  the  Thirty-sixth  Congress,  as  that 

pended.  no  patent  or  patents  shall  be  issued,  nor  shall  any  action  be  had  by  the 

executive  branch  or  department  of  the  Government,  or  any  officer  or 

agent  thereof,  under  or  by  virtue  of  said  section,  (a) 

(a)  See  Xos.  722,  728,  957,  967,  972,  973, 974,  976,  980, 988,  998,  1002,  1007,  1020,  1024,  1041, 
1063, 1067,  1102,  1106, 1107, 1124, 1139, 1143. 

June  1  1860        No.  11 05.— AN  ACT  to  grant  the  right  of  preemption  to  a  certain  tract  of  land,  in 
Vol  12  p  844         the  State  of  Missouri,  to  the  heirs  and  legal  representatives  of  Thomas  Maddin,  de- 
'          '—.     ceased. 


Heirs,  &c.    of     £e  it  enacted,  <$°c.,  That  the  heirs  and  legal  representatives  of  Thomas 
to  enter  IsertaiS  Maddin,  deceased,  late  of  the  State  of  Missouri,  be,  and  they  are  hereby, 
land  in  Missouri,  authorized  to  enter  and  purchase,  at  the  price  of  one  dollar  and  twenty- 
five  cents  per  acre,  a  tract  of  land  COD  taming  eight  hundred  arpents,  or 
six  hundred  and  eighty  acres  and  fifty-six  hundredths,  surveyed  for  the 
said  Thomas  Madden,  in  his  own  right,  as  per  patent  certificate  of  sur- 


MISSOURI.  461 

vey  number  eighteen  hundred  and  thirty-one,  reported  to  the  General 
Land  Office  by  Surveyor -General  Langham  as  having  been  surveyed  on 
the  sixteenth  day  of  March,  eighteen  hundred  and  eighteen,  and  situ- 
ated on  the  waters  of  Joachim  Creek,  in  township  forty-one  north,  of 
range  five  east,  of  the  fifth  principal  meridian,  in  the  county  of  Jeffer- 
son and  State  of  Missouri. 

SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen-  Patents  to  issue 
eral  Land  Office  be,  and  he  is  hereby,  authorized  and  directed,  upon  the  therefor, 
entry  and  payment  aforesaid,  to  cause  a  patent,  in  due  form  of  law,  to 
be  issued  to  the  said  heirs  and  legal  representatives  of  the  said  Thomas 
Maddin,  deceased,  in  conformity  with  the  description  given  in  patent 
certificate  number  ninety -two,  as  issued  by  Frederick  Bates,  then  re- 
corder in  the  office  of  "recorder  of  land  titles"  in  Saint  Louis,  in  the 
said  State  of  Missouri,  bearing  date,  at  his  said  office,  the  first  day  of 
November,  eighteen  hundred  and  twenty-two,  in  which  said  certificate 
reference  is  made  to  the  said  tract  of  land,  as  having  been  confirmed  to 
the  said  Thomas  Madden,  pursuant  to  the  acts  of  Congress  respecting 
claims  to  lands  in  the  Territories  of  Orleans  and  Louisiana,  and  the  Ter- 
ritory of  Missouri,  and  as  having  been  regularly  surveyed  on  the  six- 
teenth day  of  March,  eighteen  hundred  and  eighteen,  and  designated  on 
the  connected  plat  of  United  States  surveys,  in  the  United  States  sur- 
veyor-general's office  at  Saint  Louis,  Missouri,  as  number  eighteen  hun- 
dred and  thirty-one,  and  in  which  said  patent  certificate  number  ninety- 
two  it  is  certified  that  the  said  Thomas  Maddin  is  entitled  to  receive  a 
patent  for  the  said  tract  of  land,  according  to  the  said  patent  certificate 
of  survey,  as  aforesaid,  number  eighteen  hundred  and  thirty- one :  Pro- 
vided, however,  That  the  right  of  preemption  and  purchase  herein  granted 
shall  cease  at  the  end  of  two  years  from  the  date  of  the  passage  of  this 
act,  and  that  the  right  and  title  of  the  United  States  in  and  to  said  land 
shall  not  be  affected  nor  impaired  by  virtue  of  any  of  the  provisions  of 
this  act  in  the  event  of  the  failure  of  the  said  heirs  and  legal  represent- 
atives of  Thomas  Maddin  to  avail  themselves  of  said  right  of  preemp- 
tion and  purchase  within  the  said  period  of  two  years. 

No .  11 06.— AN  ACT  to  confirm  certain  private  land  claims  in  the  State  of  Missouri.     June  21, 1860. 

Be  it  enacted,  <$-c.,  That  the  decisions  in  favor  of  certain  claimants >p' 

hereinafter  mentioned,  made  by  the  recorder  of  land  titles  in  the  State  Certain  private 
of  Missouri,  and  the  two  commissioners  associated  with  him,  by  virtue  J"?d  claims  in 
of  an  act  entitled  "An  act  for  the  final  adjustment  of  private  land^.mse^ou 
claims  in  Missouri,"  approved  July  nine,  eighteen  hundred  and  thirty- 
two,  and  an  act  supplementary  thereto,  approved  March  two,  eighteen 
hundred  and  thirty-three,  as  entered  in  the  transcript  of  decisions  trans- 
mitted by  the  recorder  and  commissioners  to  the  Commissioner  of  the 
General  Land  Office,  which  decisions  are  named  and  numbered  as  fol- 
lows, to  wit :  Israel  Dodge,  number  two  hundred  and  eighty-eight ; 
Walter  Fenwick,  number  three  hundred  and  thirty-nine ;  and  Mackey 
Wherry,  number  eighty-six;  said  claims  having  been  by  said  board 
reported  in  the  first  class,  and  recommended  for  confirmation,  be,  and 
the  same  are  hereby,  confirmed  to  the  respective  claimants  aforesaid,  or 
their  legal  representatives,  to  the  extent  recommended  by  said  recorder 
of  land  titles  and  commissioners,  that  is,  to  Israel  Dodge,  or  his  legal 
representatives,  seven  thousand  and  fifty-six  arpens ;  to  Walker  Fen- 
wick,  or  his  legal  representatives,  ten  thousand  arpens;  and  to  Mackey 
Wherry,  or  his  legal  representatives,  sixteen  hundred  arpens.  (a) 

SEC.  2.  And  be  it  further  enacted,  That,  in  case  either  of  the  claims  Provision  in 
confirmed  by  this  act,  or  any  part  thereof,  has  not  been  located  or  sur-  case  claims  have 
veyed,  or  cannot  be  located  or  satisfied,  either  for  want  of  a  specific  ' 

location  prior  to  this  confirmation,  or  because  the  land  upon  which  the 
same  is  located  has  been  otherwise  disposed  of  by  the  General  Govern- 
ment, it  shall  be  the  duty  of  the  surveyor-general  of  the  district,  upon 
proof  satisfactory  to  him  that  such  claim  has  been  confirmed,  and  that 
the  same,  in  whole  or  in  part,  has  not  and  cannot  be  satisfied  for  the 
reasons  aforesaid,  or  from  any  cause,  to  issue  to  the  claimants,  or  their 
legal  representatives,  a  certificate  of  location  for  a  quantity  of  land 
equal  to  that  so  confirmed  and  unsatisfied,  which  certificate  may  be 
located  upon  any  of  the  public  lands  of  the  United  States  subject  to  sale 
at  private  entry,  at  a  price  not  exceeding  one  dollar  and  twenty-five 
cents  per  acre :  Provided,  That  such  location  shall  conform  to  the  legal 
divisions  and  subdivisions  as  provided  by  law. 


4G-  MISSOURI. 

Certificate  of  SEC.  3.  And  be  it  further  enacted,  That  the  register  of  the  proper  land 
entry  to  issue,  offce>  upon  the  location  of  such  certificate,  shall  issue  to  the  person 
entitled  thereto  a  certificate  of  entry ;  upon  which,  if  it  shall  appear 
to  the  satisfaction  of  the  Commissioner  of  the  General  Land  Office  that 
such  certificate  has  been  fairly  obtained,  a  patent  shall  issue  as  in  other 
cases.  (6) 

(a)  See  Xos.  722,  728,  957,  967,  972,  973,  974,  976,  980,  988,  998,  1002,  1007,  1020.  1024, 

1041,  1063,  1067,  1102,  1104, 1107,  1124,  1139,  1143. 
(6)  See  Nos.  957,  998,  1041,  1102,  1107. 


June  22, 1860.      NO.  1 1O7.-AX  ACT  for  the  final  adjustment  of  private  land  claims  in  the  States 
VoL  12,  p.  85.  of  Florida,  Louisiana,  and  Missouri,  and  for  other  purposes. 

[See  LOUISIANA,  No.  957.] 


Feb.  5,  1861.  N«.  1108.— AX  ACT  for  the  benefit  of  Gabriel  J.  Johnston. 

Be  it  enacted,  $c.  That  the  entry  made  by  Gabriel  J.  Johnston,  of 


Land  entry  of  Jefferson  County,  Missouri,  on  the  second  day  of  November,  eighteen 
stem Confirmed  nundred  an(i  twenty-nine,  of  the  northeast  quarter  of  section  number 
eleven,  in  township  number  forty-one  north,  of  range  number  four 
east,  in  the  district  of  lands  subject  to  sale  at  Saint  Louis,  Missouri,  be, 
and  the  same  is  hereby,  confirmed  and  declared  valid,  notwithstanding 
said  tract  of  land  was  at  the  time  of  entry  reserved  from  sale  as  min- 
eral lands.  And  the  Commissioner  of  the  General  Land  Office  is  here- 
by authorized  and  required  to  issue  to  said  Gabriel  J.  Johnston  a  patent 
for  said  tract,  as  in  ordinary  cases  of  the  entry  of  public  lands  subject 
to  sale  at  private  entry. 

Title    of    the     SEC.  2.  And  be  it  further  enacted,  That  this  act  shall  not  be  construed 
68  on'  to  interfere  with  any  existing  rights  of  third  persons,  but  shall  only 
operate  as  a  relinquish ment  of  the  title  of  the  United  States. 


March  2,  1861.    No.  1109.— AX  ACT  to  remove  the  United  States  arsenal  from  the  city  of  Saint 
Vol.  12,  p.  208.  Louis,  and  to  provide  for  the  sale  of  the  lands  on  which  the  same  is  located. 


United    States      Be  it  enacted,  $-c.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 

arsenal  to  be  re-  authorized  and  required  to  proceed  at  once  to  have  the  grounds  now 

rom  St.  uged  for  tne  purposes  of  an  arsenal,  in  the  city  of  Saint  Louis,  laid  off 

Lands    to    be  ^n^°  blocks,  according  to  the  present  plan  of  that  portion  of  the  city, 

sold.  and  to  have  the  same  subdivided  into  lots  of  a  convenient  size,  for 

building  purposes,  and  subject  the  western  unoccupied  portion  of  the 

same  to  sale  to  the  highest  bidder,  at  public  vendue,  on  such  terms  as 

to  him  may  seem  most  advantageous,  first  giving  sixty  days'  notice  by 

advertisement  in  at  least  three  newspapers,  published  in  the  city  of 

Saint  Louis,  of  the  time,  place,  and  terms  of  sale,  with  a  description  of 

Proceeds,  how  the  property  to  be  sold  ;  the  proceeds  of  such  sale  to  be  applied  to  the 

applied.  erection  at  Jefferson  Barracks,  in  the  State  of  Missouri,  of  suitable 

buildings  for  containing  all  the  tools,  implements,  machinery,  arms, 

and  materials  now  at  said  Saint  Louis  arsenal. 

Arsenal,    &c.,      SEC.  2.  And-  be  it  further  enacted,  That  the  Secretary  of  War  be,  and 
to  be  transferred  hereby  is,  authorized,  as  soon  as  the  buildings  above  provided  for  shall 
to  Jefferson  Bar-  be  in  Teaaine8s  for  that  purpose,  to  cause  the  business  heretofore  carried 
on  at  said  Saint  Louis  arsenal  to  be  transferred  to  the  military  reserva- 
tion known  as  "Jefferson  Barracks,"  in  the  county  of  Saint  Louis,  and 
State  of  Missouri,  and  also  to  cause  all  the  tools,  implements,  machinery, 
arms,  and  materials  now  at  said  arsenal  to  be  removed  to  said  reserva- 
tion. 

Residue   of     SEC.  3.  And  be  it  further  enacted,  That,  as  soon  as  possible  after  the 
lands  in  St.  Louis  removal  of  the  arsenal  from  Saint  Louis  to  Jefferson  Barracks,  the  Sec- 
retary of  War  shall  sell,  in  the  manner  directed  in  the  first  section  of 
this  act,  all  the  residue  of  the  grounds  attached  to  the  said  Saint  Louis 
arsenal,  and  the  buildings  thereupon ;  the  proceeds  of  such  sale  shall 
be  paid  into  the  United  States  Treasury,  (a) 
(a)  See  Nos.  1128,  1129. 


MISSOURI.  463 

JVo.  1.1 10.— AN  ACT  legalizing  certain  entries  of  lands  on  Leavenworth  Island,     March  2,  1861. 
in  the  State  of  Missouri.  Yol.  12,  p.  209. 

Be  it  enacted,  #c.,  That  all  preemption  entries  heretofore  made  in  good     Certain  entries 
faith  at  the  laud  office  at  Kickapoo,  in  the  Delaware  land  district,  Kan-  of  land  in  Mis- 
sas  Territory,  of  lauds  embraced  within  the  island  opposite  Leaven  worth  ^jn 
City,  known  as  Leavenworth  Island,  in  the  State  of  Missouri,  be,  and 
the' same  are  hereby,  declared  valid,  in  the  same  manner  as  if  made  in 
the  proper  land  district  of  the  State  of  Missouri  :  Provided,  Such  entries 
shall  be  found  by  the  Secretary  of  the  Interior,  in  all  other  respects,  to 
be  in  accordance  with  the  preemption  law.  (a) 

(a)  See  Nos.  729,  981,  983,  997, 1007,  1009, 1010, 1020, 1028, 1083, 1086, 1096, 1115, 1120, 1121, 
1135. 


IVo.  1111.— JOINT  RESOLUTION  in  relation  to  certain  railroads  in  the  State  of     March  6,  1862. 

Missouri.  Vol.  12,  p.  614. 


Whereas  by  the  fourth  section  of  an  act  of  Congress  entitled  "An  act     Pay  to  certain 

granting  the  right  of  way  to  the  State  of  Missouri,  and  a  portion  of  the  railroads  in  Mis- 

ublic  lands  to  aid  in  the  construction  of  certain  railroads  in  sai 


State,"  approved  June  the  tenth,  eighteen  hundred  and  fifty-two,  it  istro0pS)  > 
provided  as  follows  :  "  That  the  said  lands,  hereby  granted  to  the  said 
State,  shall  be  subject  to  the  disposal  of  the  legislature  thereof,  for  the 
purposes  aforesaid  and  no  other  ;  and  the  said  railroads  shall  be  and 
remain  public  highways  for  the  use  of  the  Government  of  the  United 
States,  free  from  toll  or  other  charge  upon  the  transportation  of  any 
property  or  troops  of  the  United  States  ;  "  and  whereas  the  said  grant 
of  lands  has,  by  virtue  of  said  act,  and  of  an  act  of  the  legislature  of 
the  State  of  Missouri,  been  applied  in  the  construction  of  the  Hannibal 
and  Saint  Joseph  Railroad,  constructed  and  owned  by  the  Hannibal  and 
Saint  Joseph  Railroad  Company,  and  the  Pacific  Railroad  by  the  Pacific 
Railroad  Company,  which  last-mentioned  road  is  finished  and  running 
from  Sb.  Louis  to  Rolla;  and  whereas  the  ability  of  said  railroad  com- 
panies to  transport  the  property  and  troops  of  the-United  States  over 
their  respective  railroads  has  been  greatly  impaired  by  the  destruction 
of  bridges,  depots,  and  other  property  of  said  companies,  and  the  partial 
destruction  of  said  roads,  and  in  view  of  the  pressing  public  necessities, 
the  United  States,  not  waiving  the  right  to  have  their  property  and 
troops  transported  free  from  toll  or  other  charge  by  said  railroads,  as 
contemplated  by  the  reservation  aforesaid,  have  resolved  as  follows  : 
Therefore  be  it 

Resolved,  #c.,  That  the  Secretary  of  War  is  hereby  authorized  to  make 
such  an  adjustment  with  the  Hannibal  and  Saint  Joseph  Railroad  Com- 
pany and  the  Pacific  Railroad  Company,  for  the  transportation,  past 
and  prospective,  of  the  property  and  trbops  of  the  United  States,  over 
said  railroads  during  the  existence  of  this  rebellion,  as  in  view  of  the 
public  exigency  may  be  just  and  reasonable,  and  liquidate  the  same:     pay  not  to  ex- 
Provided,  however,  That  the  sums  paid  to  said  companies  shall  be  as  ceed,  &c. 
near  as  may  be  the  cost   of  transporting  such  property  and  troops, 
and  not  exceeding  the   prices   fixed   by  the  War  Department  on  the 
twelfth  day  of  July,  eighteen  hundred  and  sixty-  one,  for  transporta- 
tion by  railroads,  which  adjustment  and  liquidation  shall  preclude  any 
further  claim  on  behalf  of  such  companies  against  the  Government 
for  compensation  or  damages  previously  accrued,  or  for  the  military 
occupation  of  the  said  roads  by  the  United  States  Government  up  to    Part   may    be 
the  time  of  the  passage  of  this  act  :  And  provided  further,    That  the  withheld. 
Secretary  of  War  may,  in  his  discretion,  withhold  from  time  to  time 
such  portion  of  the  moneys  which  may  be  due  to  either  of  said  railroad 
companies,  to  indemnify  the  Government  against  any  failure  of  such 
company  to  promptly  transport  such  troops  and  supplies  ;  but  nothing 
herein  shall  be  so  construed  as  to  prevent  the  Secretary  of  War  from     Railroads  may 
taking  possession  of  said  railroads  and  their  appurtenances,  and  apply-  g?^Jen  P°saes' 
ing  the  same  to  the  exclusive  use  of  the  Government  whenever,  in  his 
judgment,  the  public  interests  may  require  it,  without,  in  such  case, 
compensation  to  said  companies,  (a) 

(a)  SeeNos.  1083,  1086,  1088,  1112,  1113,  1120,  1121,  1122,  1125,  1131,  1132,  1133,  1134,  1136, 
1152. 


464  MISSOURI. 

June  5, 1862.      No.  1 112.— AN  ACT  supplemental  to  "An  act  granting  the  right  of  way  to  the 
Vol.  12,  p.  422.       State  of  Missouri,  and  a  portion  of  the  public  lands  to  aid  in  the  construction  of 
certain  railroads  in  said  State,"  approved  June  tenth,  eighteen  hundred  and  fifty- 
two. 

Time  for  com-     Be  it  enacted.  $c.,  That  the  time  required  by  the  act  to  which  this  is  sup- 

extl1nded0forrtenPlementa!'  for  tne  comPletion  of  the  road  therein  described,  "  from  the 

years.  ci*v  °f  Saint  Louis  to  such  point  on  the  western  boundary  of  said  State 

as  may  be  designated  by  the  authority  of  said  State,"  as  well  as  the 

time  of  reversion  to  the  United  States  of  the  lands  thereby  granted  to 

the  State  of  Missouri  for  the  use  of  said  road,  is  hereby  extended  for 

ten  years  from  the  tenth  day  of  June,  eighteen  hundred  and  sixty-two : 

If  not  com-  Provided,  That  in  case  said  company  fail  to  complete  said  road  within 

pleted   within  the  time  as  thus  extended,  the  said  lands  shall  then  revert  to  the  United 

^68'^) 

(a)  See  Nos.  1083, 1086, 1088,  1111, 1113, 1120,  1121, 1122, 1125, 1131, 1132, 1133, 1134, 1136, 


July  1, 1862.       No.  1113— AN  ACT  to  aid  in  the  construction  of  a  railroad  and  telegraph  linefrom 
Vol.  12,  p.  489.        the  Missouri  River  to  the  Pacific  Ocean,  and  to  secure  to  the  Government  the  use 
of  the  same  for  postal,  military,  and  other  purposes. 

[See  NEBRASKA,  No.  2092.] 

June  15, 1864.     No.  Ill 4.— AX  ACT  concerning  certain  school  lands  in  township  forty-five  northr 
Vol.  13,  p.  132.  range  seven  east,  in  the  State  of  Missouri. 

Certain  school  •#«  it  enacted,  #c.,  That  all  of  the  right,  title,  and  interest  of  the  United 
lands  granted  to  States  in  and  to  all  of  the  lots,  tracts,  pieces,  and  parcels  of  land  within 
Missouri.  the  Grand  Prairie  common-field,  in  township  forty-five  north  of  the 

base  line,  in  range  seven  east  of  the  fifth  principal  meridian  line  in 
the  State  of  Missouri,  which  have  not  heretofore  been  disposed  of  by 
the  United  States,  shall  be,  and  the  same  are  hereby,  granted,  relin- 
quished, and  conveyed  by  the  United  States,  in  fee-simple  and  in  full 
property,  to  the  State  of  Missouri,  for  the  support  of  schools  in  said 
township:  Provided,  That  nothing  in  this  act  shall  in  any  manner 
abridge,  divest,  impair,  injure,  or  prejudice  any  adverse  right,  title,  or 
Adverse  rights  interest  of  any  person  or  persons  in  or  to  any  portion  or  part  of  the 
not  affected.  aforesaid  lots,  tracts,  pieces,  or  parcels  of  land  which  are  granted,  re- 
linquished, or  conveyed  by  this  act.  (a) 

(a)  See  Nos.  972, 988, 989, 995, 1013, 1016, 1093, 1142, 1145. 


June  20, 1864.         No.  1115.— AN  ACT  to  confirm  certain  entries  of  land  in  the  State  of  Missouri. 

Be  it  enacted,  <fc.,  That  all  entries  heretofore  made  under  the  gradua- 
Certain  entries  tion  act  of  August  fourth,  eighteen  hundred  and  fifty-four,  in  township 
souri  confirmed  fortv-nve  north,  of  range  nine  west,  south  of  Missouri  River,  in  thedis- 
'  trict  of  land  subject  to  sale  at  St.  Louis,  Missouri,  shall  be,  and  are 
hereby,  confirmed :  Provided,  however,  That  this  act  shall  not  extend  to 
any  entry  of  land  aforesaid  upon  which  there  was  an  actual  settler 
other  than  the  purchaser  at  the  date  of  such  entry,  and  that  it  shall 
first  be  shown  to  the  satisfaction  of  the  Secretary  of  the  Interior  that 
the  entry  has  been  made  in  good  faith,  and  is  founded  upon  actual  set- 
tlement and  cultivation,  or  is  for  the  use  of  an  ad  joining!  arm  :  Provided, 
further,  That  the  lands  shall  be  paid  for  in  money,  or  in  laud  warrantsf 
to  the  amount  of  one  dollar  and  twenty-five  cents  per  acre,  (a) 

(a)  See  Nos.  729, 981,  983, 997, 1007, 1009, 1010, 1020. 1028, 1083, 1086, 1096, 1110,  1120, 1121, 
1135. 


June  30, 1864.     No.  1116.— AN  ACT  concerning  certain  locations  of  lands  in  the  State  of  Missouri. 
Tol.  13,  p.  581.  That  all  of  the  rjght,  title,  and  interest  of  the  United 


thTl[f  M^d^tat0*  States  .in  and  to  all  of  the  lands  within  the  respective  boundaries  of  the 

u^certaki  lands  following-described  locations  in  township  forty-five  north,  of  the  base 

in     Missouri  line,  in  range  seven  east,  of  the  fifth  principal  meridian  line,  in  the 

granted  to—         State  of  Missouri,  made  by  virtue  of  certificates  issued  under  the  act  of 

Congress,  approved  February  the  seventeenth,  eighteen  hundred  and 

fifteen,  entitled  "An  act  for  the  relief  of  the  inhabitants  of  the  late 


MISSOURI.  465 

county  of  New  Madrid,  in  the  Missouri  Territory,  who  suffered  by  earth- 
quakes," shall  be,  and  the  same  are  hereby,  granted,  relinquished,  and 
conveyed  by  the  United  States,  in  fee-simple  and  in  full  property,  to 
the  following-mentioned  persons,  respectively,  or  their  respective  legal 
representatives,  in  whose  names  said  locations  were  severally  made,  to 
wit :  Location  under  certificate  number  one  hundred  and  sixty -one,  be- 
ing survey  number  two  thousand  five  hundred,  in  the  name  of  Joseph  Joseph  Hunot. 
Hunot,  or  his  legal  representatives ;  location  under  certificate  number 
three  hundred  and  forty-eight,  being  survey  number  two  thousand 
seven  hundred  and  twelve,  in  the  name  of  James  Conway,  or  his  repre-  James  Conway. 
sentatives;  location  under  certificate  number  one  hundred  and  fifty- 
nine,  being  survey  number  two  thousand  four  hundred  and  ninety-one, 
in  the  name  of  J.  Smith,  or  his  legal  representatives ;  location  under    j.  Smith. 
certificate  number  one  hundred  and  forty-five,  being  survey  number 
two  thousand  four  hundred  and  ninety -nine,  in  the  name  of  Martin    Martin  Coontz. 
Coontz,  or  his  legal  representatives ;  location  under  certificate  number 
nineteen,  being  survey  number  two  thousand  six  hundred  and  ninety- 
two  in  the  name  of  Joseph  Genereux,  or  his  representatives  ;  location    J°^ph 
under  certificate  number  sixteen,  being  survey  number  two  thousand  er 
six  hundred  and  twenty,  in  the  name  of  Francis  Delisle,  or  his  legal  Francis  Delisle. 
representatives ;  and  location  under  certificate  number  one  hundred 
and  sixty-four,  being  survey  number  two  thousand  five  hundred  and 
forty-one,  in  the  name  of  John  Brooks,  or  his  legal  representatives :    Jpjhtn^.  Broohis' 
Provided,  however,  That  nothing  contained  in  the  foregoing  provisions  tofore    conveyed 
of  this  act  shall,  directly  or  indirectly,  comprehend,  include,  extend  to,  granted    hereby. 
grant,  relinquish,  or  convey,  the  whole  or  any  part  of  any  lot,  tract, 
piece  or  parcel  of  land  in  said  township  which  has  heretofore  been  con-          ^    ^  t]lil.d 
firmed  and  surveyed  by  the  United  States  to  any  person  or  persons,  orperg°n8  not  af_ 
to  the  legal  representatives  of  any  person  or  persons :  And  provided,  fur-  fected  hereby. 
ther,  That  nothing  in  this  act  shall  in  any  manner  abridge,  divest,  im- 
pair, injure,  or  prejudice,  any  adverse  right,  title,  or  interest  of  any 
person  or  persons  in  or  to  any  portion  or  part  of  the  aforesaid  lots,  tracts, 
pieces,  or  parcels  of  land  which  are  granted,  relinquished,  or  conveyed 
by  this  act. 


No.  11 17.— AN  ACT  quieting  doubts  in  relation  to  the  validity  of  certain  locations     March  21, 1866. 
of  lands  in  the  State  of  Missouri,  made  by  virtue  of  certificates  issued  under  the     Vol.  14,  p.  12. 
act  of  Congress  of  February  the  seventeenth  eighteen  hundred  and  fifteen. 

Be  it  enacted,  $c.,  That  all  locations  of  lands  in  the  State  of  Missouri,  .  Certain  1  oca- 
purporting  to  have  been  made  by  virtue  of  certificates  issued  under  the  S?aa0^  made 
act  of  Congress,  approved  February  the  seventeenth,  eighteen  hundred  Yaii(j. 
and  fifteen,  entitled  "An  act  for  the  relief  of  the  inhabitants  of  the  late 
county  of  New  Madrid,  in  the  Missouri  Territory,  who  suffered  by  earth- 
quakes," which  are  invalid  in  consequence  of  having  been  made  or  lo- 
cated after  the  expiration  of  the  time  specified  by  law  for  making  said 
locations,  shall  be,  and  the  same  are  hereby  declared  to  be,  as  valid, 
and  as  binding,  as  if  the  said  locations  had  been  made  and  fully  com- 
pleted within  the  time  prescribed  by  law,  provided  said  locations  shall 
be  according  to  law  in  all  other  respects ;  but  the  foregoing  provisions 
of  this  section  shall  not  apply  to,  comprehend,  include,  or  extend  to  any 
land  within  township  forty-five,  north  of  the  base  line,  in  range  seven, 
east  of  the  fifth  principal  meridian  line  in  said  State  of  Missouri. 

SEC.  2.  And  be  it  further  enacted,  That  the  United  States  do  hereby    Eight    of   the 
grant,  relinquish,  and  convey,  in  fee-simple,  and  in  full  property,  to  United  States  in 
James  Y.  O'Carroll,  or  his  legal  representatives,  all  of-  the  right,  title,  ^T  toD James 
and  interest  of  the  United  States  in  and  to  all  of  the  land  within  sur-  Y.'  O'Carroll,  &o. 
vey  number  two  thousand  four  hundred  and  ninety-eight,  in  township 
forty-five,  north  of  the  base  line  in  range  seven  east  of  the  fifth  princi- 
pal meridian  line,  in  the  State  of  Missouri,  being  the  same  land  that 
was  located  by  virtue  of  certificate  number  one  hundred  and  fifty,  is- 
sued to  the  said  James  Y.  O'Carroll,  or  his  legal  representatives,  under 
the  act  of  Congress  approved  February  the  seventeenth,  eighteen  hun- 
dred and  fifteen,  entitled  "An  act  for  the  relief  of  the  inhabitants  of 
the  late  county  of  New  Madrid,  in  the  Missouri  Territory,  who  suffered 
by  earthquakes":  Provided,  however,  That  nothing  in  this  section  shall     Provisos, 
grant,  relinquish,  or  convey  the  whole  or  any  part  of  any  lot,  tract, 
piece,  or  parcel  of  land  in  said  township,  which  has  been  heretofore 
confirmed  by  tlie  Uniied  States  to  any  person  or  persons,  or  to  the  legal 
representatives  of  any  person  or  persons :  And  provided  further,  That 

30  L  O — YOL  II 


466 


MISSOURI. 

nothing  in  this  act  shall  be  so  construed  as  to  invalidate  or  impair  any 
patent  heretofore  issued  by  the  United  States,  or  shall  in  any  manner 
abridge,  divest,  impair,  injure,  or  prejudice  any  valid  adverse  right, 
title,  or  interest  of  any  person  or  persons  in  or  to  any  portion  or  part 
of  the  aforesaid  land  which  is  granted,  relinquished,  and  conveyed  by 
this  act.  (a) 

(a)  See  Nos.  977,  985,  992,  1004,  1017. 


April  12, 1866.     IVo.  11 18.— AN  ACT  to  confirm  unto  Augustin  Amiot,  his  legal  assigns  and  repre- 
Vol.  14,  p.  580.        sentatives,  a  certain  lot  of  ground  in  the  city  of  Saint  Louis,  in  the  State  of  Mis- 
souri. 

Preamble.  Whereas,  under  the  act  of  Congress  approved  June  twenty-second, 

eighteen  hundred  and  sixty,  entitled  "An  act  for  the  final  adjustment 
of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and  Missouri, 
and  for  other  purposes,"  the  recorder  of  land  titles  for  the  city  of  Saint 
Louis,  for  the  State  of  Missouri,  has  reported  to  the  Commissioner  of 
the  General  Land  Office  that  there  ought  to  be  confirmed  to  Augustin 
Amiot,  or  to  his  legal  representatives,  under  class  one,  under  the  third 
pectiou  of  the  act  aforesaid,  the  lot  of  ground  in  the  town  of  Saint 
Louis,  Missouri,  described  as  follows:  commencing  at  the  northwest 
corner  of  the  lot  in  block  number  forty-six,  being  the  northwest  corner 
of  the  block  at  the  intersection  cf  Sycamore  and  Second  streets;  thence 
south  fifty-eight  degrees  forty-one  minutes  east,  along  the  south  edge 
of  Sycamore  street  to  the  northern  boundary  of  the  lot  one  hundred  and 
sixty  feet  five  inches,  the  northeast  corner  of  the  lot  at  the  south  edge 
of  Sycamore  street;  thence  south  thirty  degrees  thirty  minutes  west, 
along  the  eastern  boundary  of  the  lot,  one  hundred  and  twenty-eight 
feet  four  inches,  the  southeast  corner  of  the  lot ;  thence  north  fifty- 
eight  degrees  forty-one  minutes  west,  along  the  southern  boundary  of 
the  lot,  one  hundred  and  sixty  feet  five  inches,  the  southwest  corner  of 
the  lot  at  the  east  edge  of  Second  street ;  thence  north  thirty  degrees 
thirty  minutes  east,  along  the  east  edge  of  Second  street  to  the  western 
boundary  of  the  lot,  one  hundred  and  twenty-eight  feet  four  inches, 
the  beginning  northwest  corner  of  the  lot,  the  said  lot  of  ground  being 
one  hundred  and  twenty  by  one  hundred  and  fifty  French  feet ;  and 
whereas  the  Commissioner  of  the  General  Land  Office  has  approved  the 
report  of  the  said  recorder  of  land  titles,  and  has  reported  the  same  to 
Congress  for  its  action ;  Therefore — 

Lot inSt  Louis  Be  it  enacted,  #c.,  That  the  said  lot  of  ground  in  the  city  of  Saint 
confirmed  to  Au-  Louis,  Missouri,  be,  and  the  same  is  hereby,  confirmed  unto  the  said 
Augastiu  Amiot,  his  legal  assigns  and  representatives,  and  that  all  the 
right,  title,  and  interest  of  the  United  States  in  and  to  the  same  be,  and 
the  same  is  hereby,  granted  and  confirmed  unto  the  said  Augustin 
Amiot,  his  legal  assigns  and  representatives. 


June  12,  1866.     Xo.  1119.— AN  ACT  authorizing  documentary  evidence  of  titles  to  be  furnished 
Vol.  14,  p.  62.  to  the  owners  of  certain  lands  in  the  city  of  St.  Louis. 

Preamble.  Whereas  within  the  city  of  Saint  Louis,  in  the  State  of  Missouri,  there 

are  many  lots,  tracts,  pieces,  and  parcels  of  land  which  were  confirmed 
by  the  act  of  Congress  of  June  the  thirteenth,  eighteen  hundred  and 
twelve,  on  the  ground  of  inhabitation,  possession,  or  cultivation  of  the 
same  prior  to  December  the  twentieth,  eighteen  hundred  and  three, 
and  in  some  cases  there  is  no  adequate  documentary  evidence  of  said 
confirmations;  and  in  consequence  of  the  death  of  the  ancient  witnesses, 
who  knew  the  facts  of  said  inhabitation,  possession,  or  cultivation,  the 
owners  of  said  lands,  in  said  cases  where  there  is  no  adequate  docu- 
mentary evidence  of  said  confirmations,  arc  without  complete  evidence 
of  title  to  the  same,  as  against  the  United  States  ;  and  whereas  persons 
holding  grants  and  confirmations  of  lands  in  said  city  of  Saint  Louis, 
under  other  acts  of  Congress  heretofore  passed,  may,  in  some  cases,  be 
without  perfect  documentary  evidence  of  said  grants  or  confirmations 
by  the  United  States,  and  difficulties  may  hereafter  arise  therefrom,  to 
the  great  injury  of  such  persons  :  therefore — 

Be  it  enacted,  $c.,  That  the  district  court  of  the  United  States  for  the 


District    court 
may    decree  the 
title  of 
ted  States  in  cer 


the  Uni-  eastern  district  of  Missouri  is  hereby  authorized,  by  proper  decree,  to 
es  in  cer-  declare  released,  granted,  relinquished,  and  conveyed  by  the  United 


MISSOURI.  467 

Soates,  in  fee-simple  and  in  full  property,  all  of  the  right,  title,  and  in-  tain  lots  in   St. 
terest  of  the  United  States  in  and  to  any  lot,  tract,  piece  or  parcel  of  ^^J^JJl  pt^ 
land  within  the  city  of  Saint  Louis,  in  the  State  of  Missouri,  to  the  best  claim 
person  or  persons  having  the  best  claim  or  claims  to  the  same ;  but     certain    prop- 
nothing  in   this   act  shall   authorize  said   court  to  declare  released,  erty  not  to  be  re- 
granted,  relinquished,  and  conveyed,  as  aforesaid,  any  land  within  any  leased. 
wharf,  street,  lane,  avenue,  alley,  or  other   public  thoroughfare,  or 
within  the  boundaries  of  any  land  which  has  been  heretofore  granted 
•or  assigned  by  the  United  States  for  the  use  or  support  of  schools,  or    Not  where  full 
within  the  boundaries  of  any  land  heretofore  lawfully  confirmed  or  documentary  ev- 
lawfully  granted  by  the  United  States,  where  full,  sufficient,  and  com-  idence  exists, 
plete  documentary  evidence  of  such  confirmation  or  grant  now  exists 
of  record. 

SEC.  2.  And  be  it  further  enacted,  That  every  person  desiring  a  decree     Proceedings  to 
in  his  or  her  favor,  under  this  act,  shall  tile  a  petition  in  said  district  obtain  a  decree, 
court,  asking  for  such  decree,  and  describing  the  land  for  which  said  de- 
cree is  desired ;  and  the  United  States  and  all  persons  claiming  such 
land  adversely  to  said  petitioner  (if  there  be  any  such  adverse  claimants) 
shall  be  made  defendants  in  said  cause ;  and  if  any  party  to  any  such      wh0    to    be 
cause  shall  be  a  minor  under  the  age  of  twenty-one  years,  a  guardian  ad  made  defendants, 
litem  shall  be  appointed  by  said  court  for  said  minor  ;  and  said  district     Minors, 
court  shall  have  full  and  complete  power,  jurisdiction,  and  authority  to  districtcom-t  ° 
hear,  try,  and  determine  all  questions  arising  in  said  cause  relating  to 
the  claim  of  the  petitioner,  the  extent,  locality,  and  boundaries  of  said 
claim,  and  all  other  matters  connected  therewith  or  concerning  the 
same ;  and  said  district  court  shall  also  have  power  to  make,  prescribe, 
.and  enforce  such  rules  and  regulations  as  may  be  necessary  and  proper 
to  carry  this  act  into  full  and  complete  execution. 

SEC.  3.  And  be  it  further  enacted,  That  a  copy  of  every  petition  which     United    States 
shall  be  filed  under  this  act,  and  a  copy  of  the  writ  or  process  thereto  made  a  party  by 
attached,  shall  be  delivered  to  the  district  attorney  of  the  United  States  of   petition  Can"a" 
for  said  eastern  district  of  Missouri,  by  the  United  States  marshal  for  process    thereon 
said  district,  which  said  delivery  shall  make  the  United  States  a  party  to,  &c. 
to  the  cause  specified  in  such  petition,  without  any  other  or  further 
proceedings,  notice,  service,  writ  or  process  whatever ;  and  said  district     Defense,    an- 
attorney  shall  make  such  defence  therein  for  the  United  States  as  in  his  swer,  pleadings. 
opinion  the  public  interest  may  require;  but  no  answer  or  other  plead- 
ings filed  by  said  attorney  in  such  cause  shall  be  required  to  be  verified 
by  oath  or  affirmation. 

"  SEC  4.  And  be  it  further  enacted,  That  for  the  purpose  of  more  com-     Surveys,    &c., 
pletely  describing,  identifying,  and  defining  the  boundaries,  situation,  to   be  made    of 
and  locality  of  any  lot,  tract,  piece  or  parcel  of  land  sought  to  be  re-  ^    released    at 
leased,  granted,  relinquished  and  conveyed  under  this  act,  the  said  dis-  expense  of  peti- 
trict  court  shall  have  power  to  cause  an  accurate  survey,  plat,  and  de-  tioner. 
scription  thereof  to  be  made  by  a  competent  person  at  the  expense  of    Costs  of  suits. 
the  petitioner ;  and  all  of  the  expenses  and  costs  of  all  suits  and  other 
proceedings  under  this  act  shall  be  paid  by  the  respective  petitioners, 
and  the  payment  thereof  may  be  enforced  by  execution  or  otherwise. 

SEC.  5.  And  be  it  further  enacted,  That  every  decree  which  shall  be     Effect    of    de- 
rendered  under  this  act  in  favor  of  any  petitioner  shall  be  deemed  a  cree> 
full,  sufficient,  and  complete  release,  grant,  relinquishment,  and  con- 
veyance, in  fee-simple  and  in  full  property,  to  such  petitioner,  and  to  his 
or  her  heirs  and  assigns,  forever,  of  all  the  right,  title,  and  interest  of 
the  United  States  in  and  to  the  land  described  in  such  decree. 

SEC.  6.  And  be  it  further  enacted,  That  whenever  said  district  court  or  Transcript  of 
the  circuit  court  shall  render  a  final  decree  under  this  act,  concern  ing  ?0oa\)eeC8ent&to 
any  lot,  tract,  piece  or  parcel  of  land,  such  court  shall  cause  to  be  trans-  commissioner  of 
mitted  to  the  Commissioner  of  the  General  Land  Office  a  full,  true,  and  General  Land  Of- 
complete  transcript  of  said  final  decree,  and  of  the  description  or  sur-  flee, 
vey  of  said  land. 

SEC.  7.  And  be  it  further  enacted,  That  any  party  to  any  final  decree     Appeal  to  cir- 
rendered  by  said  district  court  in  any  suit  or  cause  commenced  under  cuit  court  within 
this  act  may  appeal  from  said  final  decree  of  said  district  court  to  the  one  year' 
circuit  court  of  the  United  States  for  the  district  of  Missouri,  at  any 
time  within  one  year  from  the  time  of  the  rendition  of  said  final  decree, 
and  not  after  that  time  ;  and  on  the  granting  of  said  appeal,  a  full, 
true,  and  complete  transcript  of  said  final  decree,  and  of  the  petition,     Transcript    of 
and  all  other  pleadings  and  proceedings  in  said  cause,  and  of  the  evi-pe     lon'&c- 
dence  therein,  shall  be  transmitted  to  said  circuit  court.     And  when 
said  appeal  shall  have  been  completed,  said  circuit  court  shall  have  full 


468  MISSOURI. 

Jurisdiction  of  and  complete  jurisdiction  over  said  cause,  and  may  allow  the  pleadings 
circuit  court.       ^o  ^e  amended  if  necessary,  and  may  admit  new  parties  if  necessary, 
Xew-'partiea.     *n<i  sna^  bear,  try,  and  determine  said  cause  do  novo,  without  regard- 
ing any  error,  defect,  or  other  imperfection  in  the  proceedings  of  said 
Decree  district  court,  and  shall  render  such  final  decree  therein  as  the  facts 

and  the  justice  of  said  cause  may  require. 

Question  may  SEC.  8.  And  be  It  further  enacted,  That  in  case  of  any  difference  of 
be  certified  to  Su-  opinion  between  the  judges  of  the  said  circuit  court  upon  any  question 
United  S  ia'tea  a"8inS  iQ  any  such  cause,  the  same  maybe  certified  to  the  Supreme 
when  &.c  '  Court  of  the  United  States,  for  its  decision  thereon  as  in  other  cases,  (a) 
Title  o'f  the  SEC.  9.  And  be  it  further  enacted,  That  all  of  the  right,  title,  and  in- 
United  States  in  terest  of  the  United  States  in  and  to  all  of  the  wharves,  streets, lanes, 
&ciLest  Louis!  avenues,  alleys,  and  other  public  thoroughfares  which  are  situate, 
conveyed  to  the  lying,  and  being  within  the  corporate  limits  of  the  city  of  St.  Louis,  in 
city.  the  State  of  Missouri,  shall  be,  and  the  same  are  hereby,  granted,  re- 

linquished, and  conveyed  by  the  United  States,  in  fee-simple  and  in 
full  property,  to  the  said  city  of  St.  Louis,  and  to  the  successors  and 
Proviso.  assigns  forever   of    said  city  :  Provided,  however,  That   no  individual 

rights  or  titles  acquired  previously  hereto  shall  be  in  any  manner  im- 
paired or  prejudiced  hereby. 
(a)  See  Nos.  972, 999,  1016, 1143. 


July  4.  1866.       No.  1120 — AX  ACT  making  a  grant  of  lands  in  alternate  sections  to  aid  in  the  con- 
Vol.  14,  p.  83.         strur.tion  and  extension  of  the  Iron  Mountain  Railroad,  from  Pilot  Knob,  in  the 
State  of  Missouri,  to  Helena,  in  Arkansas. 


Lands  granted  Be  it  enacted,  <f-c.,  That  there  be,  and  is  hereby,  granted  to  the  State 
to  Missouri  for  of  Missouri,  for  the  purpose  of  aiding  in  the  construction  and  extension 
Mountain  Rail1. of  the  I.ron  Mountain  Railroad,  from  it«  present  terminus  at  Pilot  Knob 
road.  to  a  point  on  the  southern  boundary  line  of  the  State  of  Missouri,  every 

Alternate  sec-  alternate  section  of  laud,  designated  by  odd  numbers,  for  ten  sections 
tions-  in  width  on  each  side  of  said  road ;  but  in  case  it  shall  appear  when  the 

route  of  said  road  is  definitely  fixed  that  the  United  States  have  sold 
If  any  of  the  any  sections  or  parts  thereof,  granted  as  aforesaid,  or  that  the  right  of 
b^orehaV<ranted  Pre'empti°n  has  attached  to  the  same,  then  it  shall  be  lawful  for  any 
or  OIpre-empted,  agent  or  agents  to  be  appointed  by  the  governor  of  said  State  to  select, 
other  lands  to  be  subject  to  the  approval  of  the  Secretary  of  the  Interior,  from  the  lands 
selected  in  lieu  of  the  United  States  nearest  to  the  tiers  of  sections  above  specified  so 
much  land  in  sections  or  parts  of  sections,  to  be  selected  as  aforesaid,  as 
shall  be  equal  to  such  lands  as  the  United  States  have  sold  or  otherwise 
appropriated  or  to  which  the  rights  of  pre-emption  have  attached,  which 
lands  thus  selec  ted  shall  be  held  by  the  State  of  Missouri  for  the  use  and 
purposes  aforesaid,  and  for  none  other  :  Provided,  That  the  lands  so  loca- 
Lands  to  be  in  ted  shall  be  within  the  Ironton  land  district  as  now  established  and  not 
Skt^andwithS  more  than  *wenty  miles  from  the  line  of  said  road  :  And  provided,  further, 
twenty  miles  of  That  all  mineral  lands  except  those  containing  coal  and  iron,  and  any 
the  ruad.  lands  heretofore  reserved  to  the  United  States  by  any  act  of  Congress 

Mineral  lands,  or  in  anv  other  manner  by  competent  authority  for  the  purpose  of  aiding 
"1    *n  an^  object  °f  internal  improvement,  or  for  any  other  purpose  what- 
ever, be,  and  the  same  are,  reserved  to  the  United  States  from  the  opera- 
tion of  this  act,  except  so  far  as  it  may  be  found  necessary  to  locate 
Right  of  way  the  routes  of  said  railroad  through  the  same,  in  which  case  the  right  of 
way  only  shall  be  granted ,  subject  to  the  approval  of  the  President  of 
the  United  States. 

Lands  granted      SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  is  hereby,  granted  to 
extension^o^ra^  *^e  State  of  Arkansas,  for  the  purpose  of  aiding  in  the  construction  and 
road  to  Helena,    extension  of  a  railroad  from  the  point  where  the  Iron  Mountain  Rail- 
road intersects  the  southern  boundary  line  of  Missouri,  by  the  nearest 
and  most  practicable  route,  to  a  point  at  or  near  the  town  of  Helena,  on 
Alternate  sec-  the  Mississippi  River,  every  alternate  section  of  land,  designated  by  odd 
numbers,  for  ten  sections  in  width  on  each  side  of  said  road ;  but  in 
case  it  shall  appear,  when  the  line  of  said  road  is  definitely  fixed,  that 
the  United  States  have  sold  any  sections  or  parts  thereof,  granted  as 
aforesaid,  or  that  the  right  of  pre-emption  has  attached  to  the  same,  then 
it  shall  be  lawful  for  any  agent  or  agents  to  be  appointed  by  the  gov- 
ernor of  said  State,  to  select,  subject  to  the  approval  of  the  Secretary  of 
Lands  may  be  the  Interior,  from  the  lands  of  the  United  States  nearest  to  the  tiers  of 
selected  in  lieu  of  sections  above  specified  so  much  laud,  in  alternate  sections,  designated 
granted  &c  °  ^  as  aforesaid,  as  shall  be  tqual  to  such  lands  as  the  United  States  have 
sold  or  otherwise  appropriated,  or  to  which  the  rights  of  pre-emption 


MISSOURI.  469 

have  attached,  which  lands  thus  selected  shall  he  held  by  the  State  of 
Arkansas  for  the  use  and  purposes  aforesaid,  and  for  none  other :  Pro- 
vided, That  the  land  so  selected  and  located  shall  in  no  case  be  further 
than  twenty  miles  from  the  line  of  road  when  the  same  shall  be  located :  t  JJ:?f be  ?Ptnin. 
And  provided  further,  That  all  mineral  lands,  except  those  containing  railroad mi 
ooal  and  iron,  and  any  lands  heretofore  reserved  to  the  United  States     Mineral  lands, 
by  any  act  of  Congress,  or  in  any  other  manner  by  competent  authority,  except  coal  and 
for -the  purpose  of  aiding  in  any  object  of  internal  improvement,  or  foriron'  reserved- 
any  other  purpose  whatever,  be,  and  the  same  are,  reserved  to  the  United 
States  from  the  operation  of  this  act,  except  so  far  as  it  may  be  found 
necessary  to  locate  the  routes  of  said  railway  through  the  same,  in  which    Eight  of  way. 
case  the  right  of  way  only  shall  be  granted,  subject  to  the  approval  of 
the  President  of  the  United  States,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec-     Sections  of  land 
tions  of  land  which  shall  remain  to  the  United  States  within  ten  miles  remaining  to  the 
oa  either  side  of  said  road,  and  the  even  sections  and  parts  of  sections  ^^^f^/68,110* 
corresponding  to  the  odd  ones  selected  within  twenty  miles  of  the  same,  than  double^min^ 
shall  not  be  sold  for  less  than  double  the  minimum  price  of  the  public  imum  price, 
lands  when  sold,  nor  shall  any  of  the  said  lands  become  subject  to  pri-     To  ^e  first  °f- 
vate  entry  until  the  same  shall  have  been  first  offered  at  public  sale  to  J®™^    at  public 
the  highest  bidder  at  or  above  1  he  minimum  price  as  aforesaid:  Pro- 
vided, That  actual  bona-fide  settlers  under  the  pre-emption  laws  of  the     Bo^^-fide    set- 
United  States  may,  after  the  proof  of  settlement,  improvement,  andeSion  laws5™ 
occupation,  as  now.provided  bylaw,  purchase  the  same  at  the  increased 
minimum  price;  And  provided,  also,  That  settlers  under  the  provisions     Settlers  under 
of  the  homestead  law,  who  comply  with  the  terms  and  requirements  of  homestead  law. 
this  [said]  act,  shall  be  entitled  to  patents  for  an  amount  not  exceeding 
eighty  acres  each,  anything  in  this  act  to  the  contrary  notwithstand- 
ing. (6) 

SEC.  4.  Andbe  it  further  enacted,  That  the  said  railroads  shall  be,  and    These  railroads 
remain,  public  highways,  so  far  as  the  same  may  be  constructed  under  to  be  public  high- 
this  act,  for  the  use  of  the  Government  of  the  United  States,  free  of  all  waj\  an£r  *re? 
toll  or  other  charges  upon  the  transportation  of  any  property  or  troops  states!6 
of  the  United  States,  and  at  the  costs  in  all  respe'cts  of  said  railroad     TO  be  built  in 
companies  ;  and  the  said  roads  are  hereby  required  to  be  constructed  flve  years. 
within  the  term  of  five  years  from  and  after  the  first  day  of  July,  anno 
Domini  eighteen  hundred  and  sixty-six. 

SEC.  5.  And  lie  it  further  enacted,  That  the  lands  hereby  granted  to     Lauds    hereby 
said  States  of  Missouri  and  Arkansas  shall  be  disposed  of  by  said  States  granted,  how  to 
for  the  purposes  aforesaid  only,  and  in  manner  following,  namely :  When-  "e  d^P08611  of- 
ever  the  governor  of  either  of  said  States  shall  certify  to  the  Secretary     When  the  gov- 
of  the  Interior  that  any  section  of  ten  consecutive  miles  of  eit  her  of  said  ernor  shall  cer- 
roads  is  completed  in  a  good,  substantial,  and  workmanlike  manner,  astif.v  thatasection 
a  first-class  railroad,  and  the  said  Secretary  shall  be  satisfied  that  said  J?    te",  co.nsecu- 
State  has  complied  in  good  faith  with  this  requirement,  the  said  Se ere-  pfete™  &c8 ° 
tary  of  the  Interior  shall  issue  to  the  said  State  patents  for  all  the  lands 
granted  and  selected  as  aforesaid,  not  exceeding  ten  sections  per  mile, 
situated  opposite  to  and  within  a  limit  of  twenty  miles  of  the  line  of 
said  section  of  road  thus  completed,  extending  along  the  whole  length 
of  said  completed  section  of  ten  miles  of  road,  and  no  further.    And 
when  the  governor  of  said  State  shall  certify  to  the  Secretary  of  the 
Interior,  and  the  Secretary  shall  be  satisfied  that  another  section  of  said     That     another 
road,  ten  consecutive  miles  in  extent,  connecting  with  the  preceding  section    of   ten 
section  or  with  some  other  first-class  railroad  which  maybe  at  the  time  JLjiV&c  utive 
in  successful  operation,  is  completed  as  aforesaid,  the  said  Secretary  of 
the  Interior  shall  issue  to  the  said  State  patents  for  all  the  lands  granted 
and  situated  opposite  to  and  within  the  limits  of  twenty  miles  of  the     When  thegov- 
line  of  said  completed  section  of  road  or  roads,  and  extending  the  length  ernor  shall  certi- 
of  said  section,  and  no  further,  and  not  exceeding  ten  sections  of  land^ns^reooS 
per  mile  for  all  that  part  of  said  road  thus  completed  under  the  provis-  pleted. 
ions  of  this  act  and  the  act  to  which  this  is  an  amendment,  and  so,  from 
time  to  time,  until  said  roads  and  branches  are  completed.    And  when 
the  governor  of  said  State  shall  so  certify,  and  the  Secretary  of  the  Iiite- 
rior  shall  be  satisfied  that  the  whole  of  any  one  of  said  roads  and    That  whole  road 
branches  is  completed  in  a  good,  substantial,  and  workmanlike  manner,  is  completed. 
&s  a  first-class  railroad,  the  said  Secretary  of  the  Interior  shall  issue  to 
the  said  State  patents  to  all  the  remaining  lands  granted  for  and  on 
account  of  said  completed  road  and  branches  in  this  act,  situated  within 
the  said  limits  of  twenty  miles  from  the  line  thereof,  throughout  the 
entire  length  of  said  road  and  branches :  Provided,  That  no  land  shall 


470  MISSOURI. 

Lands  not  to  be  granted  or  conveyed  to  said  States  under  the  provisions  of  this  act 
be    granted    on  on  accOunt  of  the  construction  of  any  railroad  or  part  thereof  that  has 
con8tract?on    of  l)een  constructed  under  the  provisions  of  any  other  act  at  the  date  of 
certain  railroads,  the  passage  of  this  act,  and  adopted  as  a  part  of  the  line  of  railroad 
provided  for  in  this  act :  And  provided,  That  nothing  herein  contained 
Vested    rights  shall  interfere  with  any  existing  rights  acquired  under  any  law  of  Con- 
not  affected,         gress  heretofore  enacted  making  grants  of  land  to  the  said  States  of 
Missouri  and  Arkansas  to  aid  in  the  construction  of  railroads:  And  pro- 
Lands  when  to  vided  further,  That  should  said  States  or  either  of  them  fail  to  complete 
revert  to  the  the  roads  herein  recited  within  the  time  prescribed  by  this  act,  then  the 
United  States.      iand8  undisposed  of,  as  aforesaid,  within  the  States  so  failing  shall  revert 

to  the  United  States. 

When  maps  are     SEC.  6.  And  be  it  further  enacted,  That  so  soon  as  the  governor  of  either 
filed,  lands  to  be  of  said  States  shall  file  or  cause  to  be  filed  with  the  Secretary  of  the 
withdrawn  from  interior  maps  designating  the  routes  of  said  roads  herein  mentioned, 
then  it  shall  be  the  duty  of  the  Secretary  of  the  Interior  to  withdraw 
from  market  the  lands  embraced  within  the  provisions  of  this  act.  (a) 
Arkansas      to     SEC.  7.  And  be  it  further  enacted,  That  nothing  contained  in  this  act 
have  no  title  to  or  shall  be  held  as  vesting  in  the  State  of  Arkansas  title  to  the  lands  herein 
power  over  the  recited  for  the  trust  purpose  aforesaid,  or  authorizing  said  State  to  make 
u^/ restored  to  any  disposition  of  the  same,  until  said  S  tate  shall  be  restored  in  all  re- 
former relations,  spects  to  its  former  relation  to  the  national  Government  and  be  repre- 
sented in  the  Congress  of  the  United  States. 

(a)  See  Nos.  1083,  1086,  1088, 1111,  1112, 1113, 1121, 1122,  1125, 1131, 1132, 1133, 1134, 1136, 

1152. 
(&)  SeeXos.  729,  981,  983,  997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1115, 1121, 

1135. 


July  27,  1866.      Ho.  1121.— AN  ACT  granting  lands  to  aid  in  the   construction  of  a  railroad  and 
Vol.  14,  p.  292.  telegraph  line  from  the  States  of  Missouri  and  Arkansas  to  the  Pacific  coast. 


Atlantic  and  Be  it  enacted,  $*c.,  That  John  B.  Brown,  Anson  P.  Morrill,  Samuel  F. 
Pacific  Railroad  Hersev,  William  G.  Crosby,  Samuel  E.  Spring,  Samuel  P.  Dinsmore,  of 
SSny  uicor' Maine;  N.  S.  Upham,  Frederick  Smyrh,  Onslow  Stearns,  S.  G.  Griffin, 
Corporators.  William  E.  Chandler,  of  New  Hampshire;  T.  W.  P:irke,  H.  H.  Baxter, 
John  Gregory  Smith,  A.  P.  Lymab,  of  Vermont ;  Walter  S.  Burges, 
William  S.  Slater,  Stephen  Harris,  Thomas  P.  Shepard,  of  Rhode  Island; 
William  Merritt,  Alexander  H.  Bullock,  George  L.  Stearns,  Genery 
Twitchell,  Charles  H.  Warren,  Chester  W.  Chapin,  of  Massachusetts; 
John  Boyd,  Robert  C.  Wetmore,  John  T.  Wait,  Cyrus  Northrop,  of  Con- 
necticut ;  Solon  Humphreys,  J.  Bigler,  Homer  Ramsdell,  Isaac  H.  Knox, 
John  A.  C.  Gray,  Daniel  L.  Ross,  A.  V.  Stout,  M.  K.  Jessnp,  R.  E.  Fentoii, 
E.  L.  Fancher,  J.  C.  Fremont,  James  Hoy.  Jesse  M.  Bolles,  Edward  Gil- 
bert, James  P.  Robinson,  Oliver  C.  Billings,  of  New  York ;  Charles 
Bachelor,  John  Edgar  Thompson,  Morton  McMichael,  T.  Haskins  Dn 
Puy,  Thomas  A.  Scott,  Charles  Rickettson,  William  Lyon,  George  W. 
Cass,  Levi  Parsons,  of  Pennsylvania;  Charles  Knap,  J.  L.  N.  Stratton, 
James  B.  Dayton,  Robert  F.  Stockton,  Alexander  G.  Cattell,  A.  W.  Mark- 
ley,  of  New  Jersey;  John  W.  Garrett,  Charles  J.  M.  Gwinn,  Robert 
Fowler,  Jacob  Tome,  Thomas  M.  Lanahan,  of  Maryland;  Charles  J. 
Dupont,  Henry  Ridgley,  Andrew  C.  Gray,Nu.r.  Smythers,  of  Delaware; 
Bellamy  Storer,  George  B.  Senter,  William  Baker,  Samuel  Galloway, 
David  Tod,  Charles  Anderson,  Bird  B.  Chapman,  Edward  Sturgis,  Israel 
Dille,  of  Ohio ;  Edwin  Peck,  William  D.  Griswold,  James  P.  Luse,  Sam- 
uel E.  Perkins,  Conrad  Baker,  of  Indiana;  Richard  J.  Oglesby,  N.  B. 
Judd,  Samuel  A.  Buckmaster,  D.  L.  Phillips,  L.  P.  Sanger,  of  Illinois; 
Eber  B.  Ward,  Omar  D.  Conger,  Nathaniel  W.  Brooks,  Alexander  H. 
Morrison,  of  Michigan ;  Z.  G.  Simmons,  Alexander  Mitchell,  J.  J.  Will- 
iams, G.  A.  Thompson,  J.  J.  R.  Pease,  John  H.  Hersey,  of  Wisconsin  ; 
Henry  A.  Smith,  Sherman  Finch,  William  Mitchell,  R.  F.Crowell,  L.  F. 
Hubbard.  E.  F.  Drake,  of  Minnesota;  Lyman  Cook,  Platt  Smith,  Jacob 
Butler,  Henry  I.  Rtid,  Hoyt  Shtrrnau,  of  Iowa  ;  William  G.  Brownlow, 
of  Tennessee;  Thomas  C.  Fletcher,  B.  R.  Bonner,  John  M.  Richardson, 
Emil  Pretorious,  E.  W.  Fox,  R.  J.  McElheny,  Charles  H.  Rowland,  Madi- 
son Miller,  George  W.  Fishback,  T.  J.  Hubbard,  George  Knapp,  Charles 
K.  Dicksoii,  A.  G.  Braun,  G.  L.  Hewitt,  P.  A.  Thompson,  James  W. 
Thomas,  Charles  E.  Moss,  Edward  Walsh,  A.  R.  Easton,  Truman  J.  Hor- 
ner,  J.  B.  Eads,  D.  R.  Garrison,  W.  A.  Kayser,  George  P.  Robinson,  of 
Missouri ;  Thomas  E.  Bramlette,  Benjamin  Gratz,  C.  E.  Warren,  Lazarus 
W.  Powell,  John  Mason  Brown,  Joshua  Speed,  of  Kentucky;  Solon 


MISSOURI.  471 

Thatcher,  Jacob  Stotter,  William  B.  Edwards,  James  G.  Blunt,  Robert 
McBratney,  of  Kansas ;  Harrison  Hagaus,  James  Cook,  Robert  Crangle, 
Benjamin  H.  Smith,  of  West  Virginia  ;  Lorenzo  Sherwood,  A.  J.  Hamil- 
ton, of  Texas ;  William  Gilpin,  Henry  C.  Leach,  of  Colorado ;  Phinneas 
Banning,  Timothy  G.  Phelps,  William  B.  Carr,  Edward  F.  Beale,  Fred. 
F.  Lowe,  Benj.  B.  Redding,  B.  W.  Hathaway,  Leonidas  Haskell,  Fred- 
erick Billings,  of  California;  W.  S.  Ladd,  J.  R.  Moores,  Walter  Mon- 
teith,  John  Kelly,  B.  F.  Dowell,  of  Oregon ;  James  L.  Johnson,  Henry 
Connelly,  Franciscus  Perea,  of  New  Mexico ;  J.  H.  Mills,  A.  P.  K.  Saf- 
ford,  E.  S.  Davis,  of  Nevada;  King  S.  Woolsey,  William  H.  Hardy, Coles 
Bashford,  of  Arizona;  Henry  D.  Cooke,of  the  District  of  Columbia;  and 
all  such  other  persons  who  shall  or  may  be  associated  with  them,  and 
their  successors,  are  hereby  created  and  erected  into  a  body  corporate 
and  politic,  in  deed  and  in^aw,  by  the  name,  style,  and  title  of  the  "At-     Name  of   cor- 
lantic  and  Pacific  Railroad  Company,"  and  by  that  name  shall  have  poration,  &c. 
perpetual  succession,  and  shall  be  able  to  sue  and  be  sued,  plead  and  be 
impleaded,  defend  and  be  defended,  in  all  courts  of  law  and  equity 
within  the  United  States,  and  may  make  and  have  a  common  seal.     Seal. 
And  said  corporation  is  hereby  authorized  and  empowered  to  layout,     Corporation 
locate,  and  construct,  furnish,  maintain,  and  enjoy,  a  continuous  rail-  mav  locate  and 
road  and  telegraph  line,  with  the  appurtenances,  namely :  Beginning  road  and  tele- 
at  or  near  the  town  of  Springfield,  in  the  State  of  Missouri,  thence  to  graph  line, 
the  western  boundary  line  of  said  State,  and  thence  by  the  most  eligible     Termini    and 
railroad  route  as  shall  be  determined  by  said  company  to  a  point  on  the  route- 
Canadian  River,  thence  to  the  town  of  Albuquerque,  on  the  river  Del 
Norte,  and  thence,  by  way  of  the  Agua  Frio,  or  other  suitable  pass,  to 
the  headwaters  of  the  Colorado  Chiquito,  and  thence,  along  the  thirty- 
fifth  parallel  of  latitude,  as  near  as  may  be  found  most  suitable  for  a 
railway  route,  to  the  Colorado  River,  at  such  point  as  may  be  deselected 
by  said  company  for  crossing ;  thence  by  the  most  practicable  and  eligi- 
ble route,  to  the  Pacific.    The  said  company  shall  have  the  right  to  con-     Branch  e  a  s  t  - 
struct  a  branch  from  the  point  at  which  the  road  strikes  the  Canadian  wardly  to   near 
River  eastwardlv,  along  the  most  suitable  route  as  selected/to  a  point ^an  Buren.  Ar- 
in  the  western  boundary  line  of  Arkansas,  at  or  near  the  town  of  Van 
Bureii.    And  the  said  company  is  hereby  vested  with  all  the  powers,     Powers     an  d 
privileges,  and  immunities  necessary  to  carry  into  effect  the  purposes  of  privileges, 
this  act,  as  herein  set  forth.    The  capital  stock  of  said  company  shall     CaPito1  stock, 
consist  of  one  million  shares  of  one  hundred  dollars  each,  which  shall 
in  all  respects  be  deemed  personal  property,  and  shall  be  transferable 
in  such  manner  as  the  laws  of  said  corporation  shall  provide.    The  per-     Persons  before 
sons  hereinbefore  named  are  hereby  appointed  commissioners,  and  shall  Pame.d  appointed 
be  called  the  board  of  commissioners  of  the  "Atlantic  and  Pacific  Rail-  Sers    ' 
road  Company,"  and  fifteen  shall  constitute  a  quorum  for  the  transac- 
tion of  business.     The  first  meeting  of  said  board  of  commissioners  shall     FS^meeting 
be  held  at  the  Turner  hall,  in  the  city  of  Saint  Louis,  on  the  first  day  of  of     commission- 
October,  anno  Domini  eighteen  hundred  and  sixty-six,  or  at  such  time  ers. 
within  three  months  thereafter  as  any  ten  commissioners  herein  named 
from  Missouri  shall  appoint,  notice  of  which  shall  be  given  by  them  to 
the  other  commissioners  by  publishing  said  notice  in  at  least  one  daily     Notice, 
newspaper  in  the  cities  of  Boston,  New  York,  Cincinnati,  Saint  Louis, 
Memphis,  and  Nashville,  once  a  week  for  at  least  four  weeks  previous 
to  the  day  of  meeting.     Said  board  shall  organize  by  the  choice  from  its     Organiz  a  t  i  o  n 
number  of  a  president,  vice-president,  secretary,  and  treasurer,  and  they  officers.8™ 
shall  require  from  said  treasurer  such  bonds  as  may  be  deemed  proper,     Treasurer     to 
and  may  from  time  to  time  increase  the  amount  thereof,  as  they  may  give  bonds, 
deem  proper.     The  secretary  shall  be  sworn  to  the  faithful  performance     Secretary  to  be 
of  his  duties,  and  such  oath  shall  be  entered  upon  the  records  of  the  8ToTher    meet- 
company,  signed  by  him,  and  the  oath  verified  thereon.     The  president  in<rs,how  called, 
and  secretary  of  said  boards  shall,  in  like  manner,  call  all  other  meet-     Commissioner's 
ings,  naming  the  time  and  place  thereof.     It  shall  be  the  duty  of  said  to  open  books  for 
board  of  commissioners  to  open  books,  or  cause  books  to  be  opened,  JjJJJ5?np 
at  such  times  and  in  such  principal  cities  or  other  places  in  the  United 
States  as  they  or  a  quorum  of  them  shall  determine,  within  twelve 
months  after  the  passage  of  this  act,  to  receive  subscriptions  to  the  capi- 
tal stock  of  said  corporation,  and  a  cash  payment  of  ten  per  centum  on 
all  subscriptions,  and  to  receipt  therefor.     So  soon  as  ten  thousand     When  ami  how 
shares  shall  in  good  faith  be  subscribed  for,  and  ten  dollars  per  share  firs£  iiu-oting  of 
actually  paid  into  the  treasury  of  the  company,  the  said  president  and  stock^  be  called! 
secretary  of  said  board  of  commissioners  shall  appoint  a  time  and  place 
for  the  first  meeting  of  the  subscribers  to  the  stock  of  said  company, 


472  MISSOURI. 

and  shall  give  notice  thereof  in  at  least  one  newspaper  in  each  State  in 
which  subscription  books  have  been  opened,  at  least  fifteen  days  pre- 
vious to  the  day  of  meeting,  and  such  subscribers  as  shall  attend  the 
meeting  so  called,  either  in  person  or  by  lawful  proxy,  then  and  there 
Directors.         shall  elect,  by  ballot,  thirteen  directors  for  said  corporation ;  and  in 
Each  share  to  such  election  each  share  of  «aid  capital  stock  shall  entitle  the  owner 
have  a  vote.         thereof  to  one  vote.    The  president  and  secretary  of  the  board  of  com- 
missioners, and  in  case  of  their  absence  or  inability  any  two  of  the  offi- 
Inspectors     of  cers  of  said  board,  shall  act  as  inspectors  of  said  election,  and  shall 
election.  certify,  under  their  hands,  the  names  of  the  directors  elected  at  said  meet- 

Commissioners  ing.  And  the  said  commissioners,  treasurer,  and  secretary  shall  then 
to  deliver  to  the  deliver  over  to  said  directors  all  the  moneys,  properties,  subscription 
es Cbooks i  fcc*  books, and  other  books  in  their  possession,  and  thereupon  the  duties  of  said 
aiid  their  duties  commissioners  and  the  officers  previously  appointed  by  them  shall  cease 
to  cease.  and  determine  forever,  and  thereafter  the  stockholders  shall  constitute 

Annual    meet-  said  body  politic  and  corporate.     Annual  meetings  of  the  stockholders 
ings  of  corpora-  of  the  said  corporation  for  the  choice  of  officers,  (when  they  are  to  be 
chosen,)  and  for  the  transaction  of  business,  shall  be  holden  at  such 
time  and  place  and  upon  such  notice  as  may  be  prescribed  in  the  by- 
laws. 

Right  of  way  SEC.  2.  And  J>e  it  further  enacted,  That  the  right  of  way  through  the 
granted  through  public  lands  be,  and  the  same  is  hereby,  granted  to  the  said  Atlantic 
public  lands  for  an(j  Pacific  Railroad  Company,  its  successors  and  assigns,  for  the  con- 
raFlrcuufand  tele  structionof  a  railroad  and  telegraph  as  proposed  ;  and  the  right,  power, 
graph.  and  authority  is  hereby  given  to  said  corporation  to  take  from  the  pnb- 

Materiqls    for  lie  lands  .adjacent  to  the  line  of  said  road  material  of  earth,  stone,  tim- 
coustruction.        \yeT)  an(j  8O  forth,  for  the  construction  thereof.     Said  way  is  granted  to 
of  n<r1it  of  fvay.  sa'^  railroad  to  the  extent  of  one  hundred  feet  in  width  on  each  side  of 
said  railroad  where  it  may  pass  through  the  public  domain,  including 
all  necessary  grounds  for  station-buildings,  workshops,  depots,  machine- 
shops,  switches,  side-tracks,  turn  tables,  and  water-stations;  and  the 
Right  of    way  right  of  way  shall  be  exempt  from  taxation  within  the  Territories  of 
exempt  from  tax- the  United  States.    The  United  States  shall  extinguishes  rapidly  as 
.        may  be  consistent  with  public  policy  and  the  welfare  of  the  Indians, 
be  extin.mished0  and  only  ^  their  voluntary  cession,  the  Indian  title  to  all  lands  falling 
under  the  operation  of  this  act  and  acquired  in  the  donation  to  the  road 
named  in  the  act. 

Public  lands     SEC.  3.  And  be  it  further  enacted,  That  there  be,  and  hereby  is,  granted 
granted    to    the  to  the  Atlantic  and  Pacific  Railroad  Company,  its  successors  and  as- 
?n>r?he  co^truc-  signs>  for  tb;e  purpose  of  aiding  in  the  construction  of  said  railroad  and 
tion  of  railroad  telegraph  line  to  the  Pacific  coast,  and  to  secure  the  safe  and  speedy 
and  telegraph,      transportation  of  the  mails,  troops,  munitions  of  war,  and  public  stores, 
over  the  route  of  said  line  of  railway  and  its  branches,  every  alternate 
section  of  public  land,  not  mineral,  designated  by  odd  numbers,  to  the 
amount  of  twenty  alternate  sections  per  mile,  on  each  side  of  said  rail- 
road line,  as  said  company  may  adopt,  through  the  Territories  of  the 
United  States,  and  ten  alternate  sections  of  land  per  mile  on  each  side 
\>f  said  railroad  whenever  it  passes  through  any  State,  and  whenever, 
jn  the  line  thereof,  the  United  States  have  full  title,  not  reserved,  sold, 
granted,  or  otherwise  appropriated,  and  free  from  pre-emption  or  other 
claims  or  rights,  at  tte  time  the  line  of  said  road  is  designated  by  a  plat 
thereof,  filed  in  the  office  of  the  Commissioner  of  the  General  Land 
If  any  of  grant- office ;  and  whenever,  prior  to  said  time,  any  of  said  sections  or  parts 
beeiisold   o*re^of  sections  shall  have  been  granted,  sold,  reserved,  occupied  by  home- 
served,  &c.,  other  stead  settlers,  or  pre-empted,  or  otherwise  disposed  of,  other  lands  shall 
lands  inay  be  se-  be  selected  by  said  company  in  lieu  thereof,  under  the  direction  of  the 
lee  ted  in  lieu  Secretary  of  the  Interior,  in  alternate  sections,  and  designated  by  odd 
numbers,  not  more  than  ten  miles  beyond  the  limits  of  said  alternate 
If  route   is  sections,  and  not  including  the  reserved  numbers :  Provided,  That  if  said 
found  to  be  upon  route  shall  be  found  upon  the  line  of  any  other  railroad  route,  to  aid  in 
the  line  of  any  tlje  con8tructioii  of  which  lauds  have  been  heretofore  granted  by  the 
which  lands  have  Un^d  States,  as  far  as  the  routes  are  upon  the  same  general  line,  the 
bcea  granted,  amount  of  land  heretofore  granted  shall  be  deducted  from  the  amount 
amount  of  former  granted  by  this  act:  Provided  further,  That  the  railroad  company  re- 
grant  to  be  ae-ceiving  tue  previous  grant  of  land  may  assign   their  interest  to  said 
"Atlantic  and  Pacific  Railroad  Company,"  or  may  consolidate,  confede- 
Boad    having  rate>  an(j  associate  with  said  company  upon  the  terms  named  in  the  first 
maya^l-n  to  "r  smd  seventeenth  sections  of  this  act:'  Provided  further,  That  all  mineral 
unite   wilh.  this  lauds  be,  and  the  same  are  hereby,  excluded  from  the  operations  of  this 
company.  act,  and  in  lieu  thereof  a  like  quantity  of  unoccupied  and  uuappropri- 


MISSOURI.  473 

ated  agricultural  lands  in  odd-numbered  sections  nearest  to  the  line  of    Mineral  lands 
said  road,  and  within  twenty  miles  thereof,  may  be  selected  as  above  exclu(le<1    ^.r(?m 
provided  :  And  provided  further,  That  the  word  "mineral,"  when  it  oc-  2£ra 
<3urs  in  this  act,  shall  not  be  held  to  include  iron  or  coal:  And  provided    The     word 
further,  That  no  money  shall  be  drawn  from  the  Treasury  of  the  United  "mineral"  not  to 

States  to  aid  in  the  construction  of  the  said  "Atlantic  and  Pacific  Rail-  i^1]"''le  "iron  or 
,  „  coal. 

SEC.  4.  And  ~be  it  further  enacted,  That  whenever  said  Atlantic  and  drawn     from 
Pacific  Railroad  Company  shall  have  twenty-five  consecutive  miles  of  Treasury  to   aid 
any  portion  of  said  railroad  and  telegraph  line  ready  for  the  service  L?^^0118^^011 
contemplated,  the  President  of  the  United  States  shall  appoint  three     Uponreport  of 
commissioners  to  examine  the  same,  who  shall  be  paid  a  reasonable  cominissi  oners 
compensation  for  their  services  by  the  company,  to  be  determined  by  under  oath  that 
the   Secretary  of  the  Interior;  and  if  it  shall  appear  that  twenty-  five  *wc0"^-l 
consecutive  miles  of  said  road  and  telegraph  line  have  been  completed  ar"  ^ 
in  a  good,  substantial  and  workmanlike  manner,  as  in  all  other  respects  patents    lor   co- 
required  by  this  act,  the  commissioners  shall  so  report  under  oath,  to  terminoua  lands 
the  President  of  the  United  States,  and  patents  of  lands,  as  aforesaid,  ~JMae  to  com' 
shall  be  issued  to  said  company,  confirming  to  said  company  the  right       >- 
and  title  to  said  lands  situated  opposite  to  and  coterminous  with  said 
completed  section  of  said  road.     And  from  time  to  time,  whenever    And  so  as   to 
twenty-five  additional  consecutive  miles  shall  have  been  constructed,  any.  other  twen- 
completed,  and  in  readiness  a*  aforesaid,  and  verified  by  said  commis-  ifveT^ii^°n8eCU" 
sioners  to  the  President  of  the  United  Sta'tes,  then  patents  shall  be 
issued  to  said  company  conveying  the  additional  sections  of  land  as  afore- 
said, and  so  on  as  fast  as  every  twenty  five  miles  of  said  road  is  com- 
pleted as  aforesaid. 

SEC.  5.  And  be  it  further  enacted,  That  said  Atlantic  and  Pacific  Rail-     Railroad    how 
road  shall  be  constructed  in  a  substantial  and  workmanlike  manner,  to  be  constructed. 
with  all  the  necessary  draws,   culverts,  bridges,  viaducts,  crossings, 
turn-outs,  stations,  aud  watering-places,  and  all  other  appurtenances, 
including  furniture  and  rolling  stock,  equal  in  all  respects  to  railroads 
of  the  first  class  when  prepared  for  business,  with  rails  of  the  best  qual-     Rails. 
ity,  manufactured  from  American  iron.    And  a  uniform  gauge  shall  be     Gauge. 
established  throughout  the  entire  length  of  the  road.    And  there  shall 
be  constructed  a  telegraph  line,  of  the  most  substantial  and  approved     Telegraph  line. 
description,  to  be  operated  along  the  entire  line  :  Provided,  That  the  said     Rates  for  serv- 
company  shall  not  charge  the  Government  higher  rates  than  they  do  ice. 
individuals  for  like  transportation  and  telegraphic  service.     Anditshall    Other  railroads 
be  the  duty  of  the  Atlantic  and  Pacific  Railroad  Company  to  permit  any  may   form    run- 
other  railroad  which  shall  be  authorized  to  be  built  by  the  United  ^"g  connections 
States,  or  by  the  legislature  of  any  Territory  or  State  in  which  the  same 
may  be  situated,  to  form  running  connections  with  it,  on  fair  and  equit- 
able terms,  (a) 

SEC.  6.  And  be  it  further  enacted,  That  the  President  of  the  United    Lands  on  hoth 
States  shall  cause  the  lands  to  be  surveyed  for  forty  miles  in  width  on  sides  °*  n.ne  »f 
both  sides  of  the  entire  line  of  said  road  after  the  general  route  shall  r01 
be  fixed,  and  as  fast  as  may  be  required  by  the  construction  of  said 
railroad,  (6)  and  the  odd  sections  of  land  hereby  granted  shall  not  be     Odd  sections 
liable  to  sale  or  entry,  or  pre-emption,  before  or  after  they  are  surveyed,  not  liable  to  sale, 

°r 


except  by  said  company,  as  provided  in  this  act  ;  tbut  the  provisions  of  empSoiJ'  °r 
the  act  of  September,  eighteen  hundred  and  forty-one,  granting  pre-     Provisions   of 
eniption  rights,  and  the  acts  amendatory  thereof,  and  of  the  act  enti-  pre-emption  and 
tied  "An  act  to  secure  homesteads  to  actual  settlers  on  the  public  do-  homestead    acts 
main,"  approved  May  twenty,  eighteen  hundred  and  sixty-two,  shall  onliulofroaS 
be,  and  the  same  are  hereby,  extended  to  all  other  lands  on  the  line  of 
said  road  when  surveyed,  excepting  those  hereby  granted  to  said  com- 
pany. (c) 

SEC.  7.  And  be  it  further  enacted,  That  the  said  Atlantic  and  Pacific     Company  may 
Eailroad  Company  be,  and  is  hereby,  authorized  and  empowered  to  enter  t»ke  any  !  »  n  d 
upon,  purchase,  take,  and  hold  any  lands  or  premises  that  may  be  nee-  ^S^of  road. 
essary  and  proper  for  the  construction  and  working  of  said  road,  not     widtS. 
exceeding  in  width  one  hundred  feet  on  each  side  of  the  line  of  its  rail- 
road, unless  a  greater  width  be  required  for  the  purpose  of  excavation 
or  embankment  ;  and  also  any  lands  or  premises  that  may  be  necessary    Lands  for  sta- 
and  proper  for  turn-outs,  standing-places  for  cars,  depots,  station-houses,  *ta»«i  &o- 
or  any  other  structures  required  in  the  construction  and  working  of 
said  road.    And  the  said  company  shall  have  the  right  to  cut  and  re- 
move  trees  and  other  material  that  might,  by  falling,  encumber  its 
road-bed,  though  standing  or  being  more  than  two  hundred  feet  from 


474  MISSOURI. 

Damages,  how  the  line  of  said  road.    And  in  case  the  owner  of  such  lands  or  premises 

to  be  determined.  an(j  ^ne  saift  company  cannot  agree  as  to  the  value  of  the  premises 

taken,  or  to  be  taken,  for  the  use  of  said  road,  the  value  thereof  shall 

be  determined  by  the  appraisal  of  three  disinterested  commissioners, 

who  may  be  appointed  upon  application  by  either  party  to  any  court 

of  record  in  any  of  the  Territories  in  which  the  lands  or  premises  to  be 

taken  lie;   and  said  commissioners,  in  their  assessment  of  damages, 

shall  appraise  such  premises  at  what  would  have  been  the  value  thereof 

When  lands  are  if  the  road  had  not  been  built.    And  upon  return  into  court  of  such 

t°t  ^e   if  eeith*  aPPra^sement>  and  upon  the  payment  into  the  same  of  the  estimated 

company  °  value  °^  the  premises  taken  for  the  use  and  benefit  of  the  owner  there- 

of, said  premises  shall  be  deemed  to  be  taken  by  said  company,  which 

shall  thereby  acquire  full  title  to  the  same  for  the  purposes  aforesaid. 

Appeal  to  a  And  either  party  feeling  aggrieved  at  said  appraisement  may,  within 

thirty  days  after  the  same  has  been  returned  into  court,  file  an  appeal 

therefrom,  and  demand  a  jury  of  twelve  men  to  estimate  the  damage 

sustained  ;  but  such  appeal  shall  not  interfere  with  the  rights  of  said 

company  to  enter  upon  the  premises  taken,  or  to  do  any  act  necessary 

Appellant    to  and  proper  in  the  construction  of  its  road.    And  said  party  appealing 

give  bonds.         shall  give  bonds,  with  sufficient  surety  or  sureties,  for  the  payment  of 

any  cost  that  may  arise  upon  such  appeal  ;  and  in  case  the  party  app*  al- 

Costs.  ing  does  not  obtain  a  verdict  more  favorable,  such  party  shall  pay  i  he 

Payment   into  whole  cost  incurred  by  the  appellee,  as  well  as  his  own,  and  the  pay- 

court  of  a  snmment  into  court,  for  the  use  of  the  owner  of  said  premises  taken,  at  a 

equal  to  fl  n  a  1  8um  equal  to  that  finally  awarded,  shall  be  held  to  vest  in  said  company 

&7leof  Xnd6  in  tne  title  of  8aid  land,  and  the  right  to  use  and  occupy  the  same  for  the 

company.  construction,  maintenance,  and  operation  of  said  road.    And  in  case 

Proceeding  s  any  of  the  lands  to  be  taken  as  aforesaid  shall  be  held  by  an  infant,. 

where  Iand8ferume  covert,  non  compos,  insane  person,  or  persons  residing  without 

persSnsunder  the  Territory  within  which  the  lands  to  be  taken  lie,  or  persons  subjected 

disability.  to  any  legal  disability,  the  court  may  appoint  a  guardian,  for  any  party 

under  any  disqualification,  to  appear  in  proper  person,  who  shall  give 

bonds,  with  sufficient  surety  or  sureties,  for  the  proper  and  faithful 

execution  of  his  trust,  and  who  may  represent  in  court  the  person 

disqualified,  as  aforesaid,  from  appearing,  when  the  same  proceedings 

shall  be  had  in  reference  to  the  appraisement  of  the  premises  to  be 

taken  for  the  use  of  said  company,  and  with  the  same  effect  as  has  been 

already  described  ;  and  the  title  of  the  company  to  the  lands  taken  by 

virtue  of  this  act  shall  not  be  affected  or  impaired  by  reason  of  any 

Proceedings  failure  by  any  guardiau  to  discharge  faithfully  his  trust.    And  in  case 

where  the  in-  any  party  shall  have  a  right  or  claim  to  any  land  for  a  term  of  years, 

terestiii  the  land  or  any  interest  therein,  iii  possession,  reversion,  or  remainder,  the  value 

vearT  &c  of  auy  8ucn  estate»  le88  *nan  a  fee-simple,  shall  be  estimated  and  deter- 

Where  lands  mined  in  the  manner  hereinbefore  set  forth.    And  in  case  it  shall  be 

are    unoccupied  necessary  lor  the  company  to  enter  upon  any  lands  which  are  unoccu- 

ithout  ap-  piej)  ami  of  which  there  is  no  apparent  owner  or  claimant,  it  may  pro- 

ceed to  take  and  use  the  same  for  the  purposes  of  said  railroad,  and  may 

institute  proceedings,  in  manner  described,  for  the  purpose  of  ascer- 

taining the  value  of,  and  of  acquiring  a  title  to,  the  same;  but  the 

judge  of  the  court  hearing  said  suit  shall  determine  the  kinds  of  notice 

to  be  served  on  such  owner  or  owners,  and  he  iuay  in  his  discretion 

appoint  an  agent  or  guardian  to  represent  such  owner  or  owners  in  case 

of  his  or  their  incapacity  or  non-appearance.     But  in  case  no  claimant 

shall  appear  within  six  years  from  the  time  of  the  opening  of  said  road 

across  any  land,  all  claims  to  damages  against  said  company  shall  be 

barred. 

Rights   and     SEC.  8.  And  be  it  further  enacted,  That  each  and  every  grant,  right, 
privileges  of  this  an(^  privilege  herein  are  so  made  and  given  to  and  accepted  by  said  At- 


and  ^ccep?e\  lantic  and  Pacific  Railroad  Company,  upon  and  subject  to  the  following 
upon  conditions!  conditions,  namely  :  That  the  said  company  shall  commence  the  work 
&c.  on  said  road  within  two  years  from  the  approval  of  this  act  by  the 

heW°commenced-President'  an(^  slia11  complete  not  less  than  fifty  miles  per  year  after 
and  when  com-  *ne  second  year,  and  shall  construct,  equip,  furnish,  and  complete  the 
pleted.  main  line  of  the  whole  road  by  the  fourth  day  of  July,  anno  Domini 

eighteen  hundred  seventy-eight. 

If  conditions  SEC.  9.  And  be  it  further  enacted,  That  the  United  States  make  the  sev- 
are  broken  and  eral  conditional  grants  herein,  and  that  the  said  Atlantic  and  Pacific 
continue  so  one  Rai]roa<i  Company  accept  the  same,  upon  the  further  condition  that  if 
itaT^  may  'com  the  8aid  company  make  any  breach  of  the  conditions  hereof,  and  allow 
plete  the  road,  the  same  to  continue  for  upwards  of  one  year,  then,  in  such  case,  at  any 


MISSOURI.  475 

time  hereafter,  the  United  States  may  do  any  and  all  acts  and  things 
which  may  be  needful  and  necessary  to  insure  a  speedy  completion  of 
the  said  road. 

SEC.  10.  And  be  it  further  enacted,  That  all  people  of  the  United  States    wh0  may  Su1> 
shall  have  the  right  to  subscribe  to  the  stock  of  the  Atlantic  and  Pa-  scribe  to  stock, 
cific  Railroad  Company  until  the  whole  capital  named  in  this  act  of 
incorporation  is  taken  up  by  complying  with  the  terms  of  subscription. 

SEC.  11.  And  be  it  farther  enacted,  That  said  Atlantic  and  Pacific     Kaihoad  to  be 
Railroad,  or  any  part  thereof,  shall  be  a  post  route  and  military  road,  a  PJ>st  route  and 
subject  to  the  use  of  the  United  States  for  postal,  military,  naval,  and  mi 
all  other  Government  service,  and  also  subject  to  such  regulations  as     Charges      for 
Congress  may  impose  restricting  the  charges  for  such  Government  trans-  traiTsporLtlon.11 
portatiou. 

SEC.  12.  And  be  it  further  enacted,  That  the  acceptance  of  the  terms,     Acceptance  of 
conditions,  and  impositions  of  this  act  by  the  said  Atlantic  and  Pacific  J^se  conditions 
Railroad  Company  shall  be  signified  in  writing  under  the  corporate  seal  ^    in^wrUimr* 
of  said  company,  duly  executed  pursuant  to  the  direction  of  its  board  of  an(j  witbin  two 
directors  first  had  and  obtained,  which  acceptance  shall  be  made  within  years. 
two  years  after  the  passage  of  this  act,  and  not  afterwards,  and  shall 
be  deposited  in  the  office  of  the  Secretary  of  the  Interior. 

SEC.  13.  And  be  it  further  enacted,  That  the  directors  of  said  company     Annual  report, 
shall  make  and  publish  an  annual  report  of  their  proceedings  and  ex- 
penditures, verified  by  the  affidavits  of  the  president  and  at  least  six  of 
the  directors,  a  copy  of  which  shall  be  deposited  in  the  office  of  said 
Secretary  of  the  Interior,  and  they  shall,  from  time  to  time,  fix,  deter-    Kates  of  fare, 
mine,  and  regulate  the  fares,  tolls,  and  charges  to  be  received  and  paid  tolls,  &c. 
for  transportation  of  persons  and  property  on  said  road,  or  any  part 
thereof. 

SEC.  14.  And  be  it  further  enacted,  That  the  directors  chosen  in  pursu-     President  and 
ance  of  the  first  section  of  this  act  shall,  so  soon  as  may  be  after  their  vice-president, 
election,  elect  from  their  own  number  a  president  and  vice-president; 
and  said  board  of  directors  shall,  from  time  to  time,  and  so  soon  as  may  be 
after  their  election,  choose  a  treasurer  and  secretary,  who  shall  hold     Treasurer  and 
their  offices  at  the  will  and  pleasure  of  the  board  of  directors.     The  treas-  secretary. 
urer  and  secretary  shall  give  such  bonds,  with  such  security  as  the  said 
board  from  time  to  time  may  require.     The  secretary  shall,  before  en-     Bonds- 
teringupon  his  duty,  be  sworn  to  the  faithful  discharge  thereof,  and     Secretary  to  be 
said  oath  shall  be  made  a  matter  of  record  upon  the  books  of  said  corpora-  sworn, 
tion.    No  person  shall  be  a  director  of  said  company  unless  he  shall  bo     Wn9  may  not 
a  stockholder,  and  qualified  to  vote  for  directors  at  the  election  at  which      a  director- 
he  shall  be  chosen. 

SEC.  15.  And  be  it  further  enacted,  That  the  president,  vice-president,  Term  of  office 
and  directors  shall  hold  their  offices  for  the  period  indicated  in  the  by-*°*pw*tdent,vlce- 
laws  of  said  company,  not  exceeding  three  years,  respectively,  and  until  KJSis  ( 

others  are  chosen  in  their  place,  and  qualified.    In  case  it  shall  so  hap- 
pen  that  an  election  of  directors  shall  not  be  made  on  any  day  appointed  not   eKed8  em 
by  the  by-laws  of  said  company,  the  corporation  shall  not  for  that  ex-  day  appointed  by 
cuse  be  deemed  to  be  dissolved,  but  such  election  may  be  holden  on  by-laws. 
any  day  which  shall  be  appointed  by  the  directors.    The  directors,  of    Powers  of  di- 
whom  seven,  including  the  president,  shall  be  a  quorum  for  the  trans-  reQUOrum. 
action  of  business,  shall  have  full  power  to  make  and  prescribe  such  by-     By-laws! 
laws,  rules  and  regulations  as  they  shall  deem  needful  and  proper  touch- 
ing the  disposition  and  mauagenient  of  the  stock,  property,  estate,  and 
effects  of  the  company,  the  transfer  of  shares,  the  duties  and  conduct  of 
their  officers  and  servants  touching  the  election  and  meeting  of  the 
directors,  and  all  matters  whatsoever  which  may  appertain  to  the  con- 
cerns of  said  company  ;  and  the  said  board  of  directors  may  have  full     Vacancies, 
power  to  fill  any  vacancy  or  vacancies  that  may  occur  irom  any  cause 
or  causes  from  time  to  time  in  their  said  board.    And  the  said  board  of     Engineers, 
directors  shall  have  power  to  appoint  such  engineers,  agents,  and  sub-  agents,  &c. 
ordiuates  as  may  from  time  to  time  be  necessary  to  carry  into  effect  the 
•  object  of  the  company,  and  to  do  all  acts  and  things  touching  the  loca- 
tion and  construction  of  said  road. 

SEC.  16.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  di-     Ten  per  cent, 
rectors  of   said  company  to  require  payment  of  the  sum  of  ten  per  of  auto 
centum  cash  assessment  upon  all  subscriptions  received  of  all  subscri-  cash 
bers,  and  the  balance  thereof  at  such  times  and  in  such  proportions  and     Balance,  when 
on  such  conditions  as  they  shall  deem  to  be  necessary  to  complete  the  to  be  paid, 
said  road  and  telegraph  lines  within  the  time  in  this  act  prescribed. 


476  MISSOURI. 

Xotice  when  Sixty  days'  previous  notice  shall  be  given  of  the  payments  required, 
payments     areandof  the  time  and  place  of  payment,  by  publishing  a  notice  once  a 


If  stockholders  week  in  one  daily  newspaper  in  each  of  the  cities  of  Boston,  New  York, 
neglect   to  pay,  Cincinnati,  Saint  Louis,  Memphis,  and  Nashville,  and  in  case  any  stock- 
stock   and    pre-  holder  shall  neglect  or  refuse  to  pay,  in  pursuance  of  such  notice,  the 
ft»?%  *|ayments  stock  held  by  such  person  shall  be  forfeited  absolutely  to  the  use  of  the 
company,  and  also  any  payment  or  payments  that  shall  have  been  made 
Redemption.     on  account  thereof,  subject  to  the  condition  that  the  board  of  directors 

may  allow  the  redemption  on  such  terms  as  they  may  prescribe. 

Company  may     SEC.  17.  And  be  it  further  enacted,  That  the  said  company  is  authorized 

accept  and  hold  to  accept  to  its  own  use  any  grant,  donation,  loan,  power,  franchise, 

any  j?rant'  loan'  aid,  or  assistance  which  may  be  granted  to  or  conferred  on  said  com- 

pany by  the   Congress  of  the  United  States,  by  the  legislature  of  any 

State,  or  by  any  corporation,  person,  or  persons,  or  by  any  Indian  tribe 

or  nation  through  whose  reservation  the  road  herein  provided  for  may 

Grant  from  any  pass;  and  said  corporation  is  authorized  to  hold  and  enjoy  any  such 

Indian  tribe   to  grant,  donation,  loan,  power,  franchise,  aid,  or  assistance,  to  its  own 

approval0  of  the  use>  for  the  PnrPose  aforesaid  :  Provided,  That  any  such  grant  or  dona- 

President  of  the  tion,  power,  aid,  or  assistance  from  any  Indian  tribe  or  nation  shall  be 

United  States,      subject  to  the  approval  of  the  President  of  the  United  States. 

Southern  Paci-     SEC.  18.  And  be  itfurllier  enacted,  That  the  Southern  Pacific  Railroad, 

fie  Railroad  Com-  a  company  incorporated  under  the  laws  of  the  State  of  California,  is 

Sect"wSftheAt-  uerebv  authorized  to  connect  with  the  said  Atlantic  and  Pacific  Rail- 

lantic  and  Pacific  road,  formed  under  this  act,  at  such   point,  near  the  boundary  line 

road.  of  the  State  of  California,  as  thfey  shall  deem  most  suitable  for  a  rail- 

Point  of   con-  road  line  to  San  Francisco,  and  shall  have  a  uniform  gauge  and  rate  of 

nection.  freight  or  fare  with  said  road  ;  and  in  consideration  thereof,  to  aid  in 

Gauge  and  rates  it8  construction,  shall  have  similar  grants  of  land,  subject  to  all  the 

conditions  and  limitations  herein  provided,  and  shall  be  required  to 


, 

ila^ay  rants  8"of  con8truct  *te  road  on  tne  like  regulations,  as  to  time  and  manner,  with 
land     on      like  *ne  Atlantic  and  Pacific  Railroad  herein  provided  for. 
terms.  SEC.  19.  And  be  it  further  enacted,  That  unless  the  said  Atlantic  and 

Pacific  Railroad  Company  shall  obtain  bona-fide  subscriptions  to  the 
This  act  to  be  stock  of  said  company  to  the  amount  of  one  million  of  dollars,  with  ten 
void,  unless,  &c.  per  centuni  paid,  within  two  years  after  the  passage  of  and  approval 

of  this  act,  it  shall  be  null  and  void. 

At  al      SEC.  20.  And  be  it  further  enacted,  That  the  better  to  accomplish  the 

-V  object  of  this  act,  namely,  to  promote  the  public  interest  and  welfare 

tcrcU.     Of     IcUc«±l-         «*  ./  -  .  *i  -C,  ,  *      •  *«  11.  11  • 

ed.  by  the  construction  of  said  railroad  and  telegraph  line,  and  keeping 

the  same  in  working  order,  and  to  secure  to  the  Government  at  all  times, 
but  particularly  in  time  of  war,  the  use  and  benefits  of  the  same  for 
postal,  military,  and  other  purposes,  Congress  may,  at  any  time,  having 
due  regard  for  the  rights  of  said  Atlantic  and  Pacific  Railroad  Company, 
add  to,  alter,  amend  or  repeal  this  act. 

When  in  grants  ^EC.  2i>  ^ntl  ^e  ^  furi^^r  enacted,  That  whenever  in  any  grant  of  land 
to  corporations  or  other  subsidies,  made  or  hereafter  to  be  made,  to  railroads  or  other 
the  United  States  corporations,  the  United  States  has  reserved  the  right,  or  shall  reserve 
reserves  the  j^  to  appoint  directors,  engineers,  commissioners  or  other  agents  to  ex- 
dfrec  t  oarT°or  amine  said  roads,  or  act  in  conjunction  with  other  officers  of  said  corn- 
agents,  &c.,'  all  pany  or  companies,  all  the  costs,  charges,  and  pay  of  said  directors, 
costs,  'pay,  &c.,  engineers,  commissioners,  or  agents,  shall  be  paid  by  the  respective  com- 
of  such  persons  panics.  Said  directors,  engineers,  commissioners,*  or  agents  shall  be 
b?  the  corpora?  Paid  for  8aid  services  the  sum  of  ten  dollars  per  day,  for  each  and  every 
Hems.  day  actually  and  necessarily  employed,  and  ten  cents  per  mile  for  each 

Rate  of  pay  to  and  every  mile  actually  and  necessarily  travelled,  in  discharging  the  duties 
such  persons.       required  of  them,  which  per  diem  and  mileage  shall  be  in  full  compen- 
' 


inake  8ation  for  said  services.  And  in  case  any  company  shall  refuse  or  neg- 
such  payments,  lect  to  make  such  payments,  no  more  patents  for  lands  or  other  sub- 
no  more  patents  sidies  shall  be  issued  to  said  company  until  these  requirements  are 

comPlied  with-  («) 

(o(See  Xos.  1083,  1086,  1088,  1111,  1112,  1113,  1120,  1122,  1125.  1131,  1132,  1133,  1134, 

1136,  1152. 

(6)  See  Xos.  340,  344,  972,  979. 
(c)  See  Nos.  729,  981,  983,  997,  1007,  1009,  1010,  1020,  1028,  1083,  1086,  1096,  1110,  1115,  1120, 

1135. 


MISSOURI.  477 

No.  1122.— AN  ACT  to  revive  and  extend  the  provisions  <  f  "An  act  granting  the     July  28,  18o6. 
right  of  way  and  making  a  grant  of  land  to  the  States  of  Arkansas  and  Missouri,  to      Vol.  14,  p.  338. 
aid  in  the  construction  of  a  railroad  from  a  point  upon  the  Mississippi  opposite  the 
mouth  of  the  Ohio  Biver,  via  Little  Rock,  to  the  Texas  boundary,  near  Fulton,  in 
Arkansas,  with  branches  to  Fort  Smith  and  the  Mississippi  Kiver,"  approved  Feb- 
ruary 9,  1853,  and  for  other  purposes. 

Be  it  enacted,  #c.,  That  the  "Act  granting  the  right  of  way  and  mak-  The  act  grant- 
ing a  grant  of  land  to  the  States  of  Arkansas  and  Missouri  to  aid  in  the  ™%rjglll  Otf  ^ 
construction  of  a  railroad  from  a  point  upon  the  Mississippi  opposite  the  tansalf  andMis- 
mouth  of  the  Ohio  River,  via  Little  Rock,  to  the  Texas  boundary,  near  souri  for  railroad 
Fulton,  in  Arkansas,  with  branches  to  Fort  Smith  and  the  Mississippi  revived  and  ex- 
River,"  approved  February  nine,  eighteen  hundred  and  fifty- three,  with  ^njed  for  ten 
all  the  pro  vision  s  therein  made,  be,  and  the  same  is  hereby,  revived  and  ye 
extended  for  the  term  of  ten  years  from  the  passage  of  this  act ;  and  all  Lands  hereto- 
the  lands  therein  granted,  which  reverted  to  the  United  States  under  jJJJSiftobe 
the  provisions  of  said  act,  be,  and  the  same  are  hereby,  restored  to  the  stored  to°  same 
same  custody,  control,  and  condition,  and  made  subject  to  the  uses  and  custody  and  con- 
trusts  in  all  respects  as  they  were  before  and  at  the  time  such  reversion  dition  as  at  time 
took  effect:  Provided,  That  all  mineral  lands  within  the  limits  of  tfote  JfJJJF81011  took 
grant  and  the  grant  made  in  section  two  of  this  act  are  hereby  reserved  p  Mineral  land* 
to  the  United  States:  And  provided  further ',  That  all  property  and  troops  reserved, 
of  the  United  States  shall  at  all  times  be  transported  over  said  railroad  Property  and 
and  branches  at  the  cost,  charge,  and  expense  of  the  company  or  corpo-  ^nited  stateVto 
ration  owning  or  operating  said  road  and  branches  respectively,  when  ^e  transported 
so  required  by  the  Government  of  the  United  States.  free  of  cost. 

SEC.  2.  And  be  it  further  enacted,  That  there  is  hereby  granted,  added     Additions     to 
to,  and  made  part  of  the  donation  of  lands  hereby  renewed  and  made,  former  grant  for 
subject  to  the  same  uses  and  trusts,  and  under  the  same  custody,  con-  famj    uses  and 
trol,  and  conditions,  and  to  be  held  and  disposed  of  in  the  same  manner  ri 
as  if  included  in  the  original  grant,  all  the  alternate  sections  and  parts     Lands    reserv- 
of  sections,  designated  by  odd  numbers,  lying  along  the  outer  line  of  ed  or  to  which 
lands  heretofore  granted,  and  within  five  miles  on  each  side  thereof,  ex-  ^p™68^6^^^ 
cepting  lands  reserved  or  otherwise  appropriated  by  law,  or  to  which  &ghts   h*U  at- 
the  right  of  preemption  or  homestead  settlement  has  attached :  Pro-  tacbed,  excepted 
vided,  That  the  additional  quantity  of  lands,  hereby  granted,  when  added  fr°m  grant. 
to  the  lands  specified  in  section  one  hereof,  shall  not  exceed,  in  the  ag-  noT^o  cxcee^'ten 
gregate  quantity  of  lands  by  this  act  granted,  sufficient  to  amount  to  aectioas  a  mile. 
ten  sections  for  each  mile  of  railroad  :  And  provided  further,  That  the     Lands,  h o'w 
lands  embraced  in  this  grant  and  the  grant  revived  by  section  one  of°nlytol)     'spos- 
this  act  shall  be  disposed  of  only  as  follows:  Whenever  proof  shall  be 
furnished,  satisfactory  to  the  Secretary  of  the  Interior,  that  any  section     Sections  of  ten 
of  ten  consecutive  miles  of  said  road  and  branches  is  completed  in  a  cons  ecutive 
good,  substantial,  and  workmanlike  manner  as  a  first-class  railroad,  the  miles. 
said  Secretary  of  the  Interior  shall  issue  patents  for  all  the  lands  granted 
as  aforesaid,  not  exceeding  ten  sections  per  mile  situate  opposite  to  and 
within   the  limits  of  twenty  miles  of  the  section  of  said  road  and 
branches  thus  completed,  and  when  like  proof  shall  be  furnished  that 
another  section  of  ten  miles  of  said  road  in  said  States  or  on  the  said 
branches  respectively  connecting  with  the  preceding  section  is  com- 
pleted as  aforesaid,  the  Secretary  of  the  Interior  shall  issue  patents  in 
like  manner  as  as  in  case  of  the  first-completed  sections,  and  so  on  from 
time  to  time  until  the  whole  is  completed  as  herein  provided,  when  the 
Secretary  of  the  Interior  shall  issue  patents  for  all  the  remaining  lands 
herein  granted,  not  exceeding  the  aggregate  amount  provided  for  and 
located  as  required  by  sections  one  and  two  of  this  act :  And  provided    if  twenty  milea 
further,  That  if  one  section  of  twenty  miles  of  each  of  said  railroads  are  not  complet- 
and  branches  shall  not  be  fully  constructed  and  completed  as  a  first-  and  atleaTuweu- 
class  railroad  within  three  years  from  the  time  this  act  becomes  a  law,  ty  raile8  e  a  c  n 
and  at  least  one  section  of  twenty  miles  on  each  of  said  roads  and  year  afterwards, 
branches  in  each  year  thereafter,  and  the  whole  of  said  roads  and  and  the  whole  in 
branches  within  ten  years  from  the  time  this  act  shall  take  effect,  then  ^^t^patented 
and  in  either  of  said  cases  all  the  lands  granted  or  the  grant  of  which  to  revet  t  to  the 
is  revived  or  extended  by  this  act,  and  which  at  the  time  shall  be  un-  United  States, 
patented  to  or  for  the  benefit  of  the  road  or  company  making  or  suffer- 
ing such  failure,  shall  revert  to  the  United  States. 

SEC.  3.  And  be  it  further  enacted,  That  all  the  lands  mentioned  in  this     Lands    hereby 
act,  and  hereby  granted,  are  hereby  reserved  from  entry,  pre-emption,  granted  to  be  re- 
or  appropriation  to  any  other  purpose  than  herein  contemplated,  for  the  served  from  en- 
said  term  of  ten  years  from  the  passage  of  this  act :  Provided,  That  all  gj-  Pre 
lands  heretofore  given  to  the  State  of  Missouri  for  the  construction  of 
the  Cairo  and  Fulton  Railroad,  or  for  the  use  of  said  road  lying  in  the 


478  MISSOURI.     , 

Lands  given  to  State  of  Missouri,  and  all  lands  proposed  to  be  granted  by  this  act 
Mi  ssouri  f  or  for  the  use  or  jn  aifl  of  the  road  herein  named,  and  lying  in  said  State  of 
Railroad  "*  Missouri,  shall  be  granted  and  patented  to  the  said 'State  whenever  the 
When '  to  be  road  shall  be  completed  through  said  State,  which  lands  may  be  held 
patented  to  the  by  said  State  and  used  toward  paying  the  State  the  amount  of  bonds 
State:  raay  be  heretofore  issued  by  it  to  aid  said  company,  and  all  interest  accrued  or 
w^rd^ayinw  Cer- 1°  accrue  thereon  :  Provided  further,  That  the  provisions  of  this  act,  so 
tain  State  bonds,  far  as  the  same  relate  to  the  Memphis  and  Little  Rock  and  Little  Rock 
When  this  act  and  Fort  Smith  branches  of  said  road,  shall  not  take  effect  nntil  the 
takes  effect  as  re- Secretary  of  the  interior  shall  make  and  file  a  certificate  in  his  office 
SST  and"  Little  and  the  office  of  the  secretary  of  state  of  Arkansas,  stating  that  the 
Rock  and  Little  companies  or  corporations  claiming  the  benefit  of  this  act  in  behalf  of 
Rock^  and  Fort  8aid  branches  have  reorganized  their  boards  of  directors  in  a  lawful 
branches  nuinner>  arjd,  after  such  reorganization,  that  they  have  respectively  re- 
scinded all  acts,  resolutions,  or  other  proceedings,  transferring  the  lands 
rights,  or  privileges  of  such  corporations  or  companies  to  any  conven- 
tion, State,  or  authority  recognizing  or  acting  in  concert  with,  or  under 
the  authority  of  the  late  so-called  confederate  States  of  America,  (a) 

(a)  See  Nos.  1083, 1086,  1088, 1111, 1112, 1113,  1120,  1121, 1125, 1131, 1132, 1133, 1134, 1136, 
1152. 


July  28,  1866.  No.  1123.— AN  ACT  for  the  relief  of  Robert  Baldwin. 

Wh  ereas,  on  the  fifth  day  of  December,  eighteen  hundred  and  forty- 


Preamble,  nine,  Robert  Baldwin  located  at  the  land  office  at  Milan,  in  the  State  of 
Missouri,  three  military  bounty-land  warrants  issued  under  the  act  of 
eighteen  hundred  and  for  ty-seven,  each  for  one  hundred  and  sixty  acres 
and  numbered  seven  thousand  eight  hundred  and  forty-seven,  twenty- 
six  thousand  eight  hundred  and  one,  and  fifty  thousand  two  hundred 
and  sixty -three,  upon  the  following-described  public  lands,  to  wit: 
The  west  half  lot  number  one  northwest  quarter-section  five:  the  east 
half  lots  number  one  and  two  northeast  quarter-section  six  in  town 
fifty-seven  range  sixteen :  the  southeast  quarter  southeast  quarter,  the 
west  half  northeast  quarter,  the  east  half  northwest  quarter,  the  west 
half  southeast  quarter,  the  northeast  quarter  southeast  quarter,  and  the 
northeast  quarter  southwest  quarter  of  section  thirty-one  town  fifty- 
eight  range  sixteen,  receiving  from  the  register  of  said  land  office  at 
Milan,  duplicate  certifi  cates  of  location  ;  and  whereas  the  said  military 
bounty-laud  warrants  were  lost  from  the  mail  in  their  transmission 
from  said  land  office  to  Washington,  and  have  not  since  been  heard 
from :  therefore, 

Patentsto  issue     Be  it  enacted,  <$"c.,  That  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
to  Robert  Bald-  authorized  and  directed  to  cause  patents  for  said  lauds  to  be  issued  to 
win  for  lands  in  8aid  Robert  Baldwin,  upon  his  surrendering  to  the  Commissioner  of  the 
General  Land  Office  the  said  duplicate  certificates  of  location. 


March  2,  1867.  No.  1124.— AN  ACT  to  extend  the  provisions  of  an  act  entitled  "An  act  for  the 
Vol.  14,  p.  544.  final  adjustment  of  private  land  claims  in  the  States  of  Florida.  Louisiana,  and 
. Missouri,  and  for  other  purposes." 


[See  LOUISIANA,  No.  961.] 


June  25,  1868.  No.  1125.— AN  ACT  relative  to  filing  reports  of  railroad  companies. 

Vol.  15,  p.  1 9.        [Reports  of  certain  railroads  to  be  made  on  or  before  October  1,  in  each 
year,  to  Secretary  of  Interior.    See  NEBRASKA,  No.  2107.] 


July  4,  1868.       No.  1 126.— AN  ACT    for  the  relief  of  the  owners  of  the  land  within  the  United 
Vol.  15,  p.  377.       States  survey  number  three  thousand  two  hundred  and  seventeen,  in  the  State  of 

Missouri. 

Title    of    the      Be  it  enacted,  $-c.,  That  the  United  States  do  hereby  release,  grant, 

United  States  to  relinquish,  convey,  and  confirm,  in  fee-simple  and  in  full  property,  to 

Mi^ouri     con11  the  leSal  representatives  of  Ann  O.  Camp  and  Antoine  Reilhe  all  of  the 

to  Ann  O.  right,  title,  and  interest  of  the  United  States  in  and  to  all  of  the  land 

Camp    and    An-  within  United  States  survey  number  three  thousand  two  hundred  and 

toine  Reilhe.        seventeen,  in  townships  forty- four  and  forty-five,  north  of  the  base  line 

in  ranges  six  and  seven,  east  of  the  fifth  principal  meridian  line,  in  the 


MISSOURI.  479 

State  of  Missouri,  being  the  same  land  that  was  surveyed  by  the  United 
States  for  Madame  Camp  and  Antoiue  Reilhe's  representatives,  con- 
taining two  thousand  nine  hundred  and  five  arpens  and  fifty-six  perches 
and  forty  feet,  which  is  equal  to  two  thousand  four  hundred  and  seven- 
ty-one acres  and  seventy-six  hundredths  of  an  acre  :  Provided,  however,     Adverse  rights 
That  nothing  in  this  act  shall  in  any  manner  abridge,  divest,  impair,  not  affected, 
injure,  or  prejudice  any  adverse  right,  title,  or  interest  of  any  person  or 
persons  in  or  to  any  portion  or  part  of  the  aforesaid  land,  which  is  re- 
leased, granted,  relinquished,  conveyed,  and  confirmed  by  this  act. 

JVo.  1127.— AN  ACT  authorizing  the  construction  of  a  bridge  across  the  Missouri     July  20,  1868. 
,     River,  upon  the  military  reservation  at  Port  Leavenworth,  Kansas.  Vol.  15,  p.  121. 

[Sec  KANSAS, No.  2029.] 


]\o.  1 128.— AN  ACT  providing  for  the  sale  of  the  arsenal  grounds  at  Saint  Louis     July  25,  1868. 
and  Liberty,  Missouri,  and  for  other  purposes.  Vol.  15,  p.  187. 

Be  it  enacted,  That  the  Secretary  of  War  be,  and  he  is  hereby,  author-  Arsenals  at 
ized  to  sell,  at  such  time  and  in  such  manner  as  he  ma.y  deem  most  ad-  Saint  Louis  and 
vantageous  to  the  interest  of  the  Government,  subject  to  the  provisions  Liberty,  Mis- 
hereinafter  contained,  the  following  military  reservations  and  public  80ur1'  and  oth®r 
property,  namely :  S  y' 

The  ground  now  occupied  by  the  Saint  Louis  arsenal,  in  the  city  of 
Saint  Louis,  Missouri,  except  the  westernmost  six  acres  thereof,  and 
that  occupied  by  the  United  States  arsenal  situated  at  Liberty,  Missouri, 
together  with  such  buildings,  machinery,  and  other  property  appertain- 
ing thereto  as  cannot  be  advantageously  employed  in  the  construction 
or  improvement  of  other  arsenals  or  military  posts. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  ground  occupied  by  the  Saint     Ground  o  cc  u- 
Loui&arsenal,  except  the  westernmost  six  acres  thereof,  shall 'be  divided  Pied.  b.V  Saint 
into  lots  and  blocks  of  convenient  size  for  building  purposes,  with  public  except,    S*   to 
streets,  conforming,  as  near  as  may  be  without  detriment  to  the  interest  be  divided  'into 
of  the  Government  in  the  sale,  to  the  public  streets  of  the  city  of  Saint  lots,  and  sold  at 
Louis  adjoining  said  grounds ;  a  plat  of  this  division,  made  in  accord-  «»otioo. 
ance  with  the  laws  of  the  State  of  Missouri,  shall  be  filed  with  the 
proper  officer  in  the  city  of  Saint  Louis ;  and  the  said  lots  shall  be  sold 
separately,  at  public  auction,  to  the  highest  bidder,  after  thirty  days' 
notice  by  advertisement  in  at  least  three  daily  papers  in  the  city  of 
of  Saint  Louis  ;  payment  to  be  made  one-third  in  cash,  the  remainder    Mode  of  pay- 
in  one  and  two  years,  with  six  per  cent,  interest  per  annum,  secured  ment. 
by  deed  of  trust  on  the  lots  sold.    The  stone  wall  surrounding  said     Stone  wall, 
arsenal  shall  be  sold  in  sections  not  exceeding  one  hundred  feet  in  hovr  *° 
length,  (a) 

SEC.  3.  And  be  it  further  enacted,  That  the  westernmost  six  acres  of    TVesternm  o  s  t 
the  tract  of  ground  occupied  by  the  said  Saint  Louis  arsenal  is  hereby  »ix  acres  granted 
granted  to  the  city  of  Saint  Louis,  to  be  by  it  held  as  a  public  ground  g^nt  Louisasa 
forever,  open  to  the  use  of  the  public  as  a  place  of  public  resort,  and  for  public  ground! 
no  other  use  whatever,  and  without  any  power  in  said  city  to  make 
any  disposition  of  the  same,  or  any  part  thereof,  for  any  private  use 
whatever :  Provided,  however,  That  this  grant  is  upon  the  express  con- 
dition that  the  said  city  or  the  association  formed  and  now  existing  in 
the  State  of  Missouri,  for  the  purpose  of  erecting  a  monument  to  the     ,, 
memory  of  the  late   Brigadier- General  Nathaniel  Lyon,  shall,  within  (jenerSTyon  to 
three  years  after  the  passage  of  this  act,  complete  the  erection  upon  be  erected  there- 
the  said  six  acres  of  such  a  monument,  upon  a  plan  and  of  a  charac-  on  in  three  years, 
ter  to  be  approved  by  the  President  of  the  United  States ;  in  default 
whereof  this  grant  shall  be  null  and  void. 

SEC.  4.  And  be  it  further  enacted,  That  the  grounds  occupied  by  the  Grounds  of 
Liberty  arsenal  shall  be  sold  at  public  auction,  after  due  notice  by  J.i berty  arsenal 
public  advertisement  of  the  time  and  place  of  said  sale,  in  such  parcels,  6  8 
blocks  and  lots  as  may  be  deemed  most  advantageous  to  the  interest  of 
the  Government,  by  the  Secretary  of  War,  upon  the  terms  and  condi- 
tions as  to  payment  specified  in  the  previous  section. 

SEC.  5.  And  be  it  further  enacted,  That  all  proceeds  of  the  sale  of  all     Proceeds  of 
property  provided  for  in  this  act  shall  be  paid  into  the  Treasury  of  the  sales. 
United  States  :  Provided,  That  the  machinery,  ordnance  stores,  and  arms  &Q   Removed r  to 
that  the  Government  desires  to  reserve  from  sale,  shall  be  stored  at  any  ^  stored, 
arsenal  now  established  or  to  be  established  by  law. 

(a)  See  Nos.  1109, 1129. 


480  MISSOURI. 

March  3,  1869.    No.  1129.— AN  ACT  amendatory  of  the  act  providing  for  the  sale  of  the  arsenal 
Vol.  15,  p.  339.       grounds  at  St.  Louis  and  Liberty,  Missouri,  and  for  other  purposes,   approved 
July  twenty-five,  eighteen  hundred  and  sixty-eight. 

Six  acres  of  the  p>e  ,7  tnacted,  <j'C.,  That  so  much  of  the  third  section  of  the  act  provid- 
at IT Lou?3°tobe  iD^r  !or  the  8ale  of  the  arsenal  grounds  at  Saint  Louis  and  Liberty,  Mis- 
designated  by  souri,  and  for  other  purposes,  approved  July  twenty-five,  eighteen  huu- 
the  Secretary  of  dred  and  sixty-eight,  as  grants  to  the  city  of  Saint  Louis,  the  western- 
Wai-,  to  be  grant-  most  six  acres  of  the  tract  of  ground  occupied  by  the  Saint  Louis  arse- 
Saint  Louis7  in  nal'  V6'  and  tue  8ame  is  hereby,  repealed,  so  far  as  it  designates  the  part 
lieu  of  former  of  said  tract  so  granted ;  and  in  lieu  of  said  westernmost  six  acres  there 
grams.  shall  be  granted  to  said  city,  for  the  purposes  and  upon  the  conditions 

expressed  in  said  act,  other  six  acres  of  said  tract,  to  be  designated  by 
r  'ted  ^ne  Secretary  of  War;  and  that  the  period  limited  in  said  act  foi  the 
for  erection1  of  erection  of  the  monument  therein  contemplated  to  be  erected  shall  be 
monument,  when  considered  as  commencing  at  the  time  when  the  Secretary  of  War  shall 
to  commence  to  have  designated  the  six  acres  of  said  tract  to  be  granted  to  said  city  : 
^Selection  not  ^>ror^^>  however,  That  no  part  of  the  said  six  acres,  shall  be  selected 
to  be  made  east63'8*'  °^  *ne  western  line  of  the  ground  occupied  by  the  Saint  Louis  and 
of,  &c.  Iron  Mountain  Railroad,  (a) 

(a)SeeNos.  1109,1128. 


March  3,  1869.    No.  1130.— AN  ACT  to  confirm  certain  private  land  claims  in  the  State  of  Mis- 
Vol.  15,  p.  458.  souri. 

Private     [^     Be  it  enacted,  #c.  That  the  claims  of  the  legal  representatives  of  Ga- 

claiins  of  repre-  briel  Cerre  and  Sophia  Bolaye,  falling  within  the  exterior  boundaries 

sentatiyes  of  Ga-  of  the  commons  of  Carondelet,  the  former  entered  as  number  sixty,  for 

briel  Cerre  and  four  hundred  arpens,  and  the  latter  as  number  two  hundred  and  sev- 

Souri,     conUenty-nine>  for  ono  hundred  and  fifty  arpens,  in  the  first  class  of  decis- 

firmed.  Adverse  ions  of  the  board  of  land  commissioners  under  the  acts  of  Congress  ap- 

rights  not    af  -  proved  ninth  July,  eighteen  hundred  and  thirty-two,  and  second  March, 

eighteen  hundred  and  thirty-three,  for  the  adjustment  of  private  land 

claims  in  Missouri,  as  recommended  by  said  board  (H.  Ex.  Doc.  51),  1st 

session  24th  Congress,  p.  187,  and  S.  Doc.  16,  sasie  session,  page  40,) 

which  claims  were  confirmed  by  the  act  of  Congress  approved  fourth 

July,  eighteen  hundred  and  thirty-six,  subject  to  location  elsewhere 

than  in  place  in  case  of  conflict,  (Stat.  L.,  vol.  5,  page  126,)  be,  and  the 

same  are  hereby,  confirmed  in  place,  subject  to  any  valid  adverse  rights, 

if  such  exist,  and  patents  for  said  claims  shall  be  issued  accordingly. 


March  3,  1869.    NO.  1131.-A  RESOLUTION  extending  the  time  for  the  completion  of  the  first 
Vol.  15,  p.  349.  twenty  miles  of  the  Cairo  and  Fulton  Railroad. 

Time  for  com-     Resolved,  <fc.,  That  in  case  the  Cairo  and  Fulton  Railroad  Company 
pleting  first  sec-  8hall  complete   the  first  section  of  twenty  miles  of  said  road  by  the 
and*  Fulton  RaiL  twenty-eighth  day  of  April,  eighteen  hundred  and  seventy,  and  the 
road  extended.     Secretary  of  the  Interior  shall  be  satisfied  of  such  completion,  then  the 
said  company  shall  be  entitled  to  its  lands  in  all  respects  and  to  the 
same  extent  as  it  would  have  been  had  said  twenty  miles  been  com- 
pleted by  the  twenty-eighth  of  July,  eighteen  hundred  and  sixty-nine, 
as  provided  by  law  relating  to  said  railroad  company  approved  July 
twenty-eighth,  eighteen  hundred  and  sixty-six,  (a) 

(a)  See  Nos.  1083, 1086, 1088, 1111, 1112, 1113, 1120,  1121,  1122, 1125,  1132, 1133, 1134, 1136, 
1152. 


April  10,1869.     No.  1132.— AN  ACT  to  extend  the  time  for  the  Little  Rock  and  Fort  Smith  Railroad 
Vol.  16,  p.  46.  Company  to  complete  the  first  section  of  twenty  miles  of  said  road. 


Time  for  Little     Be  it  enacted,  $c.,  That  an  act  approved  July  twenty-eight,  eighteen 

Rock    and   Fort  hundred  and  sixty-six,  entitled,  "An  act  to  revive  and  extend  the  pro- 

^°*  visions  of  'An  act  granting  the  right  of  way  and  making  a  grant  of  land 

Son  ofroad I  ex-  to  the  States  of  Arkansas  and  Missouri,  to  aid  in  the  construction  of  a 

tended.  railroad  from  a  point  upon  the  Mississippi  River,  opposite  the  mouth 

of  the  Ohio  River,  via  Little  Rock,  to  the  Texas  boundary  near  Fulton 

in  Arkansas,  with  branches  to  Fort  Smith  and  the  Mississippi  River,' 

approved  February  nine,  eighteen  hundred  and  fifty-three,  and    for 

other  purposes,"  be  so  amended  as  to  extend  the  time  to  the  Little 

Rock  and  Fort  Smith  Railroad  Company,  for  building  the  first  section 


MISSOURI.  481 

of  twenty  miles  provided  for  in  the  second  section  of  said  act,  for  the 
term  of  three  years  from  the  thirteenth  day  of  May,  eighteen  hundred 
and  sixty -seven,  the  time  of  filing  the  certificate  of  organization  to  said 
company  provided  for  in  the  third  section  of  said  act :  Provided,  That     Proviso :   land 
the  land  granted  by  the  act  hereby  revived  shall  be  sold  to  actual  set-  ^  be  sSdD 
tiers  only,  in  quantities  not  greater  than  one  quarter  of  a  section  to  one 
purchaser,  and  for  a  price  not  exceeding  two  dollars  and  fifty  cents  per 
acre. (a) 

(a)  See  Nos.  1083, 1086, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131,  1133,  1134, 1136, 
115-2. 

No.  1133.— AN  ACT  to  amend  an  act  entitled  "An  act  to  extend  the  time  for  the      March  8, 1870. 
Little  Rock  and  Fort  Smith  Railroad  Company  to  complete  the  first  section  of      Vol.  16,  p.  76. 
twenty  miles  of  said  road,"  approved  April  ten,  eighteen  hundred  and  sixty-nine. 


Be  it  enacted,  #c.,  That  the  proviso  of  an  act  entitled  "An  act  to  ex-  and  j<?OTt 
tend  the  time  for  the  Little  Rock  and  Fort  Smith  Railroad  Company  Railroad   Com- 
to  complete  the  first  section  of  twenty  miles  of  said  road,"  approved  pany. 
April  ten,  eighteen  hundred  and  sixty-nine,  be,  and  the  same  hereby  is,    .RePeal  of  pr°- 
repealed.  (a)  lfsal*of°lsmd. 

(a)  See  Nos.  1083, 1086, 1088, 1111, 1112, 1113, 1120,  1121, 1122, 1125, 1131, 1132, 1134, 1136, 
1152. 

No.  1134.— A  RESOLUTION  extending  the  time  for  the  completion  of  the  first     May  6,  1870. 
section  of  twenty  miles  of  the  Cairo  and  Fulton  Railroad.  Vol.  16,  p.  376. 

Resolved,  <fc.,  That  in  case  the  Cairo  and  Fulton  Railroad  Company  shall     Time  for  com- 
complete  the  first  section  of  twenty  miles  of  said  road  by  the  twentieth  pietion   of   first 
day  of  December,  eighteen  hundred  and  seventy,  and  the  Secretary  of  section  of  Cairo 
the  Interior  shall  be  satisfied  of  such  completion,  then  the  said  com- and, -Fufclto?  ^ail" 
pany  shall  be  entitled  to  its  lands  in  all  respects  and  to  the  same  ex-  ro 
tent  as  it  would  have  been  had  said  twenty  miles  been  completed  by 
the  twenty-eighth  of  April,  eighteen  hundred  and  seventy,  as  provided 
by  law  relating  to  said  railroad  company,  (a) 

(a)  See  Nos.  1083, 1086, 1088, 1111, 1112, 1113, 1120,  1121, 1122,  1125, 1131, 1132, 1133, 1136, 
1152. 

Mo.  1135.— AN  ACT  for  the  relief  of  certain  purchasers  of  lands  from  the  legal      Feb.  18, 1871. 
representatives  of  Bartholomew  Cousin.  Vol.  16,  p.  415. 


Whereas  the  claim  of  Bartholomew  Cousin,  or  his  legal  representa-  preamble, 
tives,  is  embraced  in  Recorder  Bates'[s]  report  of  February  second, 
eighteen  hundred  and  sixteen,  and  confirmed  to  the  extent  of  a  league 
square,  and  survey  numbered  two  thousand  one  hundred  and  ninety-six 
was  made  for  the  "same  in  the  year  eighteen  hundred  and  eighteen ;  and 
whereas  a  further  confirmation  was  made  of  eight  hundred  and  ninety- 
nine  arpens,  or  six  hundred  and  sixty-four  and  seventy-eight  hun- 
dredths  acres,  in  the  favorable  report,  numbered  sixty-one,  of  the  board 
of  commissioners,  under  the  acts  of  Congress  of  the  years  eighteen  hun- 
dred and  thirty-two  and  eighteeen  hundred  and  thirty-three,  confirmed 
by  the  act  of  July,  eighteen  hundred  and  thirty-six  :  Therefore, 

Beit  enacted,  <f-c.,  That  it  shall  and  may  be  lawful  for  the  county  survey  or    An   area  may 
of  the  coun  ty  of  Cape  Girardeau,or  whomsoever  may  be  designated  by  the  J ^ ^iSf  action 
Commissioner  of  the  General  Land  Office,  to  select  an  area,in  compact  form,  Of  the  claim  of 
as  near  as  may  be  to  the  quantity  of  acres  of  the  confirmation  by  act  of  July  Bar  t  h  o  1  o  m  e  w 
fourth,  eighteen  hundred  and  thirty-six,  according  to  legal  subdivisions,  Cousin, 
and  in  full  satisfaction  of  said  claim :  beginning  at  a  corner  where  a 
line  of  the  survey  numbered  two  thousand  one  hundred  and  ninety-six 
intersects  the  north  line  of  section  twelve,  township  thirty-one  north, 
range  eleven  east,  near  the  northeast  corner  of  said  section  twelve ; 
thence  with  said  line  of  said  survey  two  thousand  one  hundred  and 
ninety-six  to  a  corner  of  said  survey  two  thousand  one  hundred  and 
ninety -six,  in  section  twenty-three  of  said  township  and  range  ;  thence 
westwardly  on  a  line  a  sufficient  distance  that  a  line  projected  north- 
wardly parallel  with  the  western  boundary  line  of  survey  numbered 
two  thousand  one  hundred  and  ninety-six,  and  running  eastwardly  to 
the  place  of  beginning,  will  include  the  said  quantity  of  six  hundred     partie8   claim- 
and  sixty-four  and  seventy-eight  hundredths  acres;  and  thereafter,  and  ing  in  the  right 
within  one  year  from  the  passage  of  this  act,  the  parties  claiming  in  of    Cousin   any 
right  of  said  Cousin  any  tract  outside  of  the  limits  of  said  survey  mini-  tract  outside,  &c., 
bered  two  thousand  one  hundred  and  ninety-six,  and  the  selection  an-  p^therefo'r  and 
thorized  by  this  act  to  make  good  the  second  confirmation  aforesaid,  at  what  rates. 

31  L  o  VOL — n 


482  MISSOURI. 

be,  and  are  hereby,  authorized,  on  satisfactory  proof  to  the  register  and 
receiver  of  the  land  district  in  which  said  tracts  are  situated,  of  such 
right,  to  make  payment  therefor  at  the  rate  of  one  dollar  and  twenty  - 
five  cents  per  acre,  or  by  pre-emption  or  claim  of  homestead,  according 
to  the  laws  of  the  United  States  in  such  cases  made  and  provided,  (a) 
Persons  resid-     SEC.  '<}.  And  ~be  it  further  enacted,  That  any  tract  or  parcel  of  land, 
ing    upon,    &c.,  after  the  survey  and  adjustment  of  said  continuation,  which  is  not  em- 
Suded    i  nD°t  he bracecl  therein  but  withheld  from  sale  by  the  Government  of  the  United 
survey,  &c.,  may  States  by  reason  of  the  supposed  interference  and  non-survey  of  said 
enter  ^t'hem,'  &c.,  second  confirmation,  thereafter  and  in  one  year  from  the  adjustment  of 
or  claim  them  as  said  survey  any  party  or  person  residing  upon  and  cultivating  such  tract 
lds-         or  parcel  of  land  withheld  from  sale  as  aforesaid  at  and  before  the  pas- 
sage of  this  act,  upon  making  satisfactory  proof  to  the  register  and  re- 
ceiver of  the  land  district  in  which  such  tracts  or  parcels  are  situate  of 
actual  settlement  according  to  the  provisions  of  this  section,  be,  and  are 
hereby,  authorized  to  enter  said  tracts,  not  to  exceed  one  hundred  and 
sixty  acres,  including  improvements,  atone  dollar  and  twenty-five  cents 
per  acre,  or  claim  the  same  as  a  homestead,  agreeably  to  the  act  of  Con- 
gress granting  homestead  to  actual  settlers.  (6) 

(a)  See  No.  1138. 

(&)  See  Nos.  729,  981,  983,  997, 1007, 1009, 1010, 1020, 1028, 1083, 1086, 1096, 1110, 1115, 1120, 
1121, 

April  20,  1871.    No.  1 136.— AN  ACT  to  enable  the  Atlantic  and  Pacific  Railroad  Company  to  mort- 
Vol.  17,  p.  19.  gage  its  road. 

The  Atlantic  Be  it  enacted,  <f  c.f  That  the  Atlantic  and  Pacific  Railroad  Company, 
and  Pacific  Rail-  organized  under  act  of  Congress  of  July  twenty-seven,  eighteen  hun- 
road  Company  dred  and  sixty-six,  is  hereby  authorized  to  make  and  issue  its  bonds  in 
may  issue  bonds  8uch  form  and  manner,  for  such  sums,  payable  at  such  times,  and  bear- 
gageof  ito  roai  ing  8uch  rate  of  interest,  and  to  dispose  of  them  on  such  terms  as  its 
franchises.lands!  directors  may  deem  advisable;  and  to  secure  said  bonds,  the  said  com- 
&c.  pany  may  mortgage  its  road,  equipment,  lands,  franchises,  privi- 

leges, and  other  rights  and  property,  subject    to    such  terms,   con- 
Proof  of  execu- ditions,  and  limitations  as  its  directors  may  prescribe.     As  proof  and 
tion  of  mortgage.  noticeof  the  iegal  execution  and  effectual  delivery  of  any  mortgage 
hereafter  made  by  said  company,  it  shall  be  filed  and  recorded  in  the 
Breach  of  con-  office  of  the  Secretary  of  the  Interior :  Provided,  That  if  the  company 
ditions  of  organic  shall  hereafter  suffer  any  breach  of  the  conditions  of  the  act  above 
Son  bhow°far  Fto  referre(1  to>  under  which  it  is  organized,  the  rights  of  those  claiming 
effect    those  under  any  mortgage  made  by  the  company  to  the  lands  granted  to  it  by 
claiming    under  said  act  shall  extend  only  to  so  much  thereof  as  shall  be  coterminous 
the  mortgage.      with  or  appertain  to  that  part  of  said  road  which  shall  have  been  con- 
structed at  the  time  of  the  foreclosure  of  said  mortgage,  (a) 

(a)  See  Nos.  1083, 1086, 1088, 1111, 1112, 1113, 1120, 1121, 1122, 1125, 1131, 1132, 1133, 1134, 
1152. 

April  17,  1872.    No.  1137.— AN  ACT  to  confirm  the  title  of  John  Boyer  to  certain  lands  therein  de- 
Vol.  17,  p.  652.  scribed. 

~Titie r'of"  John  Be  it  enacted,  $-c.,  That  the  title  of  John  Boyer  to  the  south  half  of 
Boyer  to  certain  northwest  quarter  and  northeast  quarter  of  southwest  quarter  of  sec- 
land  in  Missouri  tion  thirty- four,  township  thirty-three,  range  twenty-eight  west,  one 
confirmed.  hundred  and  twenty  acres,  in  the  district  of  lands  subject  to  location 

at  Springfield,  Missouri,  be,  and  is  hereby,  confirmed ;  and  the  Secretary 
of  the  Interior  shall  cause  to  be  issued  to  the  said  John  Boyer  a  patent 
for  said  land  on  bounty-land  warrant  location  thirty-nine  thousand  five 
hundred  and  twenty-six,  one  hundred  and  twenty  acres,  act  March 
third,  eighteen  hundred  and  fifty-five,  first  correcting  the  location  pa- 
pers and  records  to  cover  the  aforesaid  tracts. 

June  4, 1872.  No.  1 138.— AN  ACT  to  extend  the  provisions  of  an  act  entitled  "An  act  for  the 
Vol.  17,  p.  225.  relief  of  certain  purchasers  of  lands  from  the  legal  representatives  of  Bartholomew 
Cousin  "  approved  February  eighteenth,  eighteen  hundred  and  seventy-one. 


liei  of°rt hosee     Vt  »'*  enacted,  $c.,  That  the  provisions  of  an  act  entitled  "An  act  for 
claiming  title  to  the  relief  of  certain  purchasers  of  lands  from  the  legal  representatives 
land  under  Bar-  of  Bartholomew  Cousin,"  approved  February  eighteenth,  eighteen  hun- 
tholomew  Cousin  jre  j  an(^  8eventy- one,  be,  and  the  same  are  hereby,  extended  one  year 
from  the  expiration  thereof,  (a) 
(a)  See  No.  1135. 


MISSOURI. 


483 


No.  1  139.— AN  ACT  to  extend  the  provisions  of  an  act  entitled  "An  act  for  the  June  10, 1872. 
final  adjustment  of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and  Yol.  17,  p.  378. 
Missouri,  and  for  other  purposes." 

[See  LOUISIANA,  No.  967.] 


JVo.  1140.— AN  ACT  to  quiet  the  title  to  certain  lands  in  the  State  of  Missouri.      Dec.  27, 1872. 

Vol.  17,  p.  404* 

Whereas  by  an  act  of  the  Congress  of  the  Halted  States,  approved 

on  the  twenty- eighth  day  of  September,  eighteen  hundred  and  fifty,  the  Preamble. 
State  of  Missouri,  with  other  States,  acquired  title  to  all  swamp  and 
overflowed  lands  within  their  limits  ;  that  the  State  of  Missouri,  by  an 
act  of  its  general  assembly,  approved  February  twenty-third,  eighteen 
hundred  and  fifty-three,  passed  the  title  thus  acquired  to  the  several 
counties  in  which  said  lands  were  situated,  for  the  purpose  and  to  the 
«nd  that  the  same  should  be  drained  and  reclaimed  as  provided  by  said 
act  of  Congress ;  and  that  after  the  donation  as  aforesaid  a  commis- 
sioner was  appointed,  charged  with  the  duty  to  select  and  locate  such 
•swamp  lands,  who  did  make  such  selections  and  locations  in  said  county 
of  Scott,  and  State  of  Missouri,  making  due  report  of  the  same,  which 
report  was,  by  proper  authority,  approved,  and  the  lands  so  located 
patented  by  the  Government  of  the  United  States  to  the  State  of  Mis- 
souri, and,  on  the  twenty-ninth  day  of  April,  eighteen  hundred  and 
seventy,  by  said  State  to  said  county  of  Scott  :  and  whereas  said  com- 
missioner, in  his  report,  described  other  lands  situated  in  said  county  as 
unsurveyed  swamp  lands,  and  that  in  the  year  eighteen  hundred  and 
sixty  said  lands  were  ordered  to  be  surveyed  by  the  General  Government, 
which  survey  was  approved  by  the  surveyor-general  of  Missouri  on  the 
second  day  of  July,  eighteen  hundred  and  sixty-one,  and  that  by  act  of 
Congress  approved  March  the  twelfth,  eighteen  hundred  and  sixty,  said 
county  was  given  two  years  in  which  to  present  its  claim  and  make 
proof  to  its  title  to  said  lauds,  which  could  not  be  done,  owing  to  the  ex- 
istence of  civil  war  then  afflicting  the  people  of  said  county  :  and  whereas 
said  county,  believing  further  time  would  be  given  to  make  said  claim 
and  proof,  did  sell  to  actual  settlers  the  greater  portion  of  said  lands, 
which  purchasers,  relying  on  said  title,  have  made,  in  many  instances, 
permanent  and  valuable  improvements :  Therefore, 

Be  it  enacted,  $~c.,  That  the  lands  above  referred  to  be,  and  the  same 
are  hereby,  granted  to  the  county  of  Scott,  in  the  State  of  Missouri, 
which  lands,  in  the  aggregate,  amount  to  four  thousand  four  hundred 
and  ten  and  seventy-one  hundredths  acres,  and  described  as  follows: 
Parts  of  sections  one,  two,  three,  eleven,  twelve,  thirteen,  twenty-four, 
and  twenty-five,  all  in  township  number  twenty-seven,  range  twelve: 
Provided,  That  nothing  in  this  act  shall  prejudice  the  rights  of  any  Existing  rights 
homestead  or  other  entry  made,  by  any  person  whatsoever,  under 
laws  of  the  United  States  on  said  lands,  (a) 

(a)  See  Nos.  1142, 1146, 1147, 1151. 


Certain  swamp, 
&c.,  lands  grant- 
ed to  Scott  Coun- 
ty, Missouri. 


No.  1141.— AN  ACT  to  confirm  certain  land  titles  in  the  State  of  Missouri. 

Whereas,  the  Baron  of  Carondelet,  governor-general  of  the  Territory 
of  Louisiana,  did,  on  the  fifteenth  day  of  March,  anno  Domini  seven- 
teen hundred  and  ninety-seven,  instruct  Zeno  Trudeau,  lieutenant  gov- 
ernor of  said  Territory,  to  place  Moses  Austin  in  possession  of  a  league 
square  of  land  at  Mine  a  Breton,  in  said  Territory  ;  and 

Whereas  the  said  Moses  Austin  did,  in  the  year  anno  Domini  seven- 
teen hundred  and  ninety-eight,  take  possession  of  the  said  land  by 
moving  upon  it  with  his  family,  and  did  improve  the  same  by  building 
dwelling-house,  blacksmith  shop,  furnace,  and  other  improvements ; 
and 

Whereas  the  said  lieutenant  governor  did,  on  the  fourteenth  day  of 
January,  seventeen  hundred  and  ninety-nine,  order  Antone  Lulard, 
surveyor  in  said  Territory,  to  survey  the  said  land  and  put  the  said 
Austin  legally  in  possession  of  the  same,  which  survey,  numbered  fifty- 
two,  containing  seven  thousand  one  hundred  and  fifty-three  arpents 
and  three  and  two-thirds  feet,  was  executed  by  said  Antone  Lulardj 
and  a  certificate  of  the  same  filed  by  him  in  November,  anno  Domini 
eighteen  hundred ;  and 

Whereas  Don  John  Ventara  Morales,  then  governor  at  New  Orleans, 


Feb.  14, 1874. 
VoL  18,  p.  16. 

Preamble. 


484  MISSOURI. 


did,  in  the  year  of  onr  Lord  eighteen  hundred  and  two,  in  the  name  of 
the  King  of  Spain,  grant  to  the  said  Moses  Austin  the  lands  so  sur- 
veyed and  located ;  Therefore 
Release  of  cer-     Be  it  enacted,  $*c.,  That  the  United  States  hereby  release  whatever 

tain  lands  in  Mis- title  they  have  to  said  lands  now  numbered  four  hundred  and  thirty  on 
tbe  P1^  in  t^ie  8nrvevor-general's  office,  and  in  townships  thirty-seven 
and  thirty-eight,  range  two  east,  in  the  county  of  Washington,  and 
State  of  Missouri,  containing  seven  thousand  one  hundred  and  tifty- 
three  and  thirty-two  one-hundredths  arpents  (six  thousand  eighty-five 
and  twenty-nine  one-hundredths  acres,)  to  the  heirs,  legal  representa- 
tives, or  assigns  of  said  Moses  Austin,  according  to  their  respective  in- 
Adverse  titles  terests  therein  :  Provided,  however,  That  this  act  shall  not  affect  nor 

not  affected.         impair  the  title  which  any  settler  or  other  person  may  have  acquired 
adverse  to  the  title  of  said  Moses  Austin  to  any  portion  of  said  land. 


Feb.  19, 1874.     No.  1142.— AX  ACT  granting  certain  swamp  lands  in  Holt  Connty,  Missouri,  to 
VoL  18,  p.  16.  said  Holt  County,  for  school  purposes. 


Certain    lands     Be  it  enacted,  $~c.,  That  all  the  tract  of  land  embraced  in  what  is  known 
granted  to  Holt  as  Tarkio  Lake,  (a)  iu  congressional    township,   numbered  sixty,  of 
County,  )ti*j  range  thirty-nine,  in  the  county  of  Holt,  State  of  Missouri,  and  which 
purposed  8          was  left  unsurveyed  at  the  time  the  Government  of  the  United  States 
had  made  a  survey  of  the  other  lands  in  said  township  and  county,  and 
which  was  described  on  the  plat  of  the  survey  of  said  lands  as  a  mean- 
dering lake,  be,  and  the  same  is  hereby,  granted  to  the  said  county  of 
Holt,  in  the  State  of  Missouri,  for  school  purposes.  (6) 

Survey  and     SEC.  2.  That  the  Commissioner  of  the  General  Land  Office  is  hereby 
directed  to  have  said  lands  surveyed,  and  to  cause  to  be  executed  to 
the  said  county  of  Holt,  a  patent  for  the  same:  Provided,  That  nothing 
Prior  rights  of  in  this  act  contained  shall  be  so  construed  as  to  affect  the  rights  of  any 
lected™  person  who  may  have  in  good  faith  gone  upon  said  lands  prior  to  Jan- 

uary first,  eighteen  hundred  and  seventy-four,  with  the  intent  of  pre- 
Coun*v     J°empting  or  hornesteading  the  same;  and  the  said  county  of  Holt  is 
payment  &c.  °n  hereby  required  to  make  a  title  to  any  such  person  to  an  amount  of 
land  not  exceeding  one  hundred  and  sixty  acres  upon  the  payment  to 
the  county  of  one  dollar  and  twenty-five  cents  per  acre  :  And  be  it  fur- 
To  pay  cost  of  tfor  provided,  That  all  cost  of  surveying  said  lands  shall  be  paid  by 
said  county  of  Holt. 

(a)  SeeXos.  1140,  1146,  1147,1151. 

(6)  See  Nos.  972,  988,  989,  995,  1013,  1016,  1093,  1114,  1145. 


June  6, 1874.      flfo.  1143.— AN  ACT  obviating  the  necessity  of  issuing  patents  for  certain  private 
VoL  18,  p.  62.  land  claims  in  the  State  of  Missouri,  and  for  other  purposes. 

Certain  lands  &e  it  enacted,  <$-c.,  That  all  of  the  right,  title,  and  interest  of  the  United 
in  Missouri  re-  States  in  and  to  all  of  the  lands  in  the  State  of  Missouri  which  have  at 
leased  to  owners  any  time  heretofore  been  confirmed  to  any  person  or  persons  by  any 
titles4  " '  act  of  Congress,  or  by  any  officer  or  officers',  or  board  or  boards  of  com- 

missioners, acting  under  and  by  authority  of  any  act  of  Congress,  shall 
be,  and  the  same  are  hereby,  granted,  released,  and  relinquished  by  the 
United  States,  in  fee-simple,  to  the  respective  owners  of  the  equitable 
titles  thereto,  and  to  their  respective  heirs  and  assigns  forever,  as  fully 
and  as  completely,  in  every  respect  whatever,  as  could  be  done  by  pat- 
ents issued  therefor  according  to  law.  (a) 

Valid  rights  SEC.  2.  That  nothing  contained  in  the  first  section  of  this  act  shall, 
and  interests  af-  jn  any  manner,  abridge,  divest,  impair,  injure  or  prejudice  any  valid 
right,  title  or  interest  of  any  per&on  or  persons  in  or  to  any  portion  or 
part  of  the  lands  mentioned  in  said  first  section  ;  and  this  act  shall  in 
no  wise  affect  any  lands  or  lots  heretofore  relinquished  to  the  United 
States. 

Secretary  of  SEC.  3.  That  whenever  the  Secretary  of  the  Interior  shall  be  of  the 
Interior  may  dis-  opinion  that  the  public  interest  no  longer  requires  the  continuance  of 
recorder  ofland  the  office  of  recorder  of  land  titles  in  Missouri,  he  may  close  and  dis- 
ti ties  in  M i s-  continue  the  same;  and  all  of  the  records,  maps,  plats,  field-notes, 
souri.  books,  papers,  and  everything  else  concerning,  pertaining,  or  belonging 

Records,  maps,  to  8ajd  oftice  of  recorder,  shall  be  delivered  to  the  State  of  Missouri: 
ered  to  State  au  1'rorided,  however,  Thar  said  State  shall  provide  by  law  for  the  reception 
thorities.  and  safe-keeping  of  said  records,  maps,  plats,  field-notes,  books,  papers, 


MISSOURI.  485 

and  everything  else  belonging  to  said  office  of  recorder,  as  public  State  to  pro- 
records,  and  for  the  allowance  of  free  access  to  the  same  by  the  authori-  feeuhr^&c  ~ 
ties  of  the  United  States,  for  the  purpose  of  taking  extracts  therefrom,  Free  access  to 
or  making  copies  thereof,  without  charge  of  any  kind:  And  provided  authori  ties  of 
further,  That  when  said  office  of  recorder  shall  be  closed  and  discon-  United  States. 
tinned  as  aforesaid,  the  Commissioner  of  the  General  Land  Office  shall  Of  G°S™rT  LaJd 
forever  thereafter  possess  and  exercise  all  of  the  powers  and  authority  and  office  to  exercise 
perform  all  the  duties  of  said  recorder.  (6)  power  of  re- 

(a)  See  Nos.  722,  728,  957,  967,  972,  973,  974,  976,  980,  988,  998,  999,  1002,  1007,  1016,  corder. 
1119,  1020,  1024,  1041,  1063,  1067,  1102,  1104,  1106,  1107,  1124,  1139. 

(6)  See  Nos.  189,  701,  972,  913,  974,  977,  1020, 1024, 1149. 


No.  1144.— AN  ACT  for  the  relief  of  Thomas  Eidgway.  June  20,  1874. 

Be  it  evaded,  #c.,  That  the  title  of  Thomas  Ridgway,  late  of  Linn  V°L  18>  p' 572> 
County,  Missouri,  to  the  northeast  quarter  of  section  twenty-nine,  in  Title  to  land 
township  fifty-eight,  in  range  nineteen  north,  in  Linn  County,  Missouri,  confmned  and 
is  hereby  confirmed  ;  and  the  Secretary  of  the  Interior  is  hereby  author-  Thomas^R i d g- 
ized  and  directed  to  issue  and  deliver  to  the  It-gal  representatives  of  way. 
said  Thomas  Ridgway,  deceased,  a  patent  for  said  laud. 


No.  1145. — AN  ACT  to  appropriate  lands  for  the  support  of  schools  in  certain  frac-     June  22,  1874. 
tional  townships  in  the  State  of  Missouri.  Vol.  18,  p.  202. 


Be  it  enacted,  #c.,  That  for  all  fractional  townships  iu  the  State  of    School  lands 
Missouri,  which  are  entitled  to  public  lands  for  the  support  of  schools,  for  certain  frac- 
according  to  the  provisions  of  the  act  of  Congress  approved  May  tweuti 
eth  eighteen  hundred  and  twenty-six  entitled  "An  act  to  appropriate 
lands  for  the  support  of  schools  in  certain  townships  and  fractional 
townships  not  before  provided  for,"  and  for  which  no  selections  have 
heretofore  been  made,  there  shall  be  reserved  and  appropriated  out  of 
the  public  lands,  for  each  of  said  fractional  townships,  the  amount  of 
land  to  which  they  were  respectively  entitled  according  to  the  provi- 
sions of  said  act. 

SEC.  2.  That  the  lands  to  which  said  fractional  townships  are  entitled    Selection     by 
as  aforesaid  shall  be  selected  by  the  Commissioner  of  the  General  Land  Commissioner  of 
Office  out  of  any  unappropriated  public  land  within  the  State  of  Mis-  gf"6 
souri  subject  to  sale  or  location  at  one  dollar  and  twenty-five  cents  an 
acre :  Provided,  That  said  Commissioner,  in  making  such  selection,  shall    Proviso, 
select  such  land  as  shall  be  designated  to  him  for  that  purpose  by  the 
county  courts  of  the  counties  in  which  such  fractional  townships  are 
situated  ;  and,  when  so  selected,  said  lands  shall  be  held  by  the  same 
tenure,  and  upon  the  same  terms,  for  the  support  of  schools  in  such 
fractional  townships,  as  sections  numbered  sixteen  are,  or  may  be,  held 
in  the  State  of  Missouri,  (a) 

(a)  See  Nos.  972,  988, 989,  995, 1013,  lOle,  1093, 1114, 1142. 

No.  1146.— AN  ACT  authorizing  and  requiring  the  issuance  of  a  patent  for  certain     June  23,  1874. 
lands  to  the  county  of  Scott,  in  the  State  of  Missouri.  Vol.  18,  p.  282. 

Whereas,  by  the  act  of  the  Congress  of  the  United  States  entitled    Preamble. 
"An  act  to  quiet  the  title  to  certain  lands  in  the  State  of  Missouri," 
approved  December  twenty- seventh  eighteen  hundred  and  seventy-two, 
certain  lands  therein  mentioned  were  granted  to  the  county  of  Scott, 
in  the  State  of  Missouri,  which  were  not  specifically  described ;  and 

Whereas,  no  provision  for  the  issuance  of  a  patent  for  said  lands  was 
made  in  said  act :  Therefore, 

Be  it  enacted,  #c.,  That  it  shall  be  the  duty  of  the  Commissioner  of  the     Patent  to  issue 
General  Land  Office  to  cause  a  patent  to  be  issued  to  said  county _of  MiSimvi  ^or  ce?' 
Scott,  in  the  State  of  Missouri,  for  all  the  lands  included  in  that  portion  g^  ]and's 
of  township  numbered  twenty-seven  north,  of  range  twelve  east,  of  tbe 
tilth  principal  meridian,  lying  east  of  Little  River,  as  the  same  appears 
on  the  plat  of  survey  on  file  in  the  General  Land  Office  :  Provided,  That     ^ot   !°h£™J*l 
nothing  in  this  act  shall  prejudice  the  rights  of  any  person  claiming  homestead,    pre- 
any  of  said  lands  by  virtue  of  any  homestead,  preemption,  or  other  emption,  or  other 
entry  made  under  the  laws  of  the  United  States,  (a)  claimants. 

(a)  See  Nos.  1140,  1142,  1147,  1151. 


486 


MISSOURI. 


Feb.  23,  1875.     IVo.  1147, 
Vol.  18,  p.  334. 


-AN  ACT  for  the  relief  of  actual  settlers  on  lands  claimed  to  be  swamp 
and  overflowed  lands  in  the  State  of  Missouri. 

Purchasers  of     Be  it  enacted,  #c.,  That  in  all  cases  in  the  State  of  Missouri  where 
lands  in  Missouri,  lands  have  heretofore  been  selected  and  claimed  as  swamp  and  over- 
to  hIveQPprioritvflowed  land8  bv  8ai<l  State,  and  the  various  counties  therein,  by  virtue 
to    pre-empt    or  ?f  anv  'Mt  of  Congress,  aud  said  lands  have  been  withheld  from  market 
homestead,       if  in  consequence  thereof  by  the  General  Government,  and  the  said  State 
lands  not  in  fact  and  counties  have  sold  said  lands  to  actual  settlers,  and  said  settlers 
have  improved  the  same  to  the  value  of  one  hundred  dollars  ;  said  set- 
tlers, their  heirs,  assigns,  and  legal  representatives,  who  have  cont  iuued 
to  reside  thereon,  shall  have  priority  of  right  to  preempt  or  home- 
stead all  such  lands  as  may  be  rejected  by  the  United  States  as  not  be- 
ing in  fact  swamp  and  overflowed  lands ;  and  it  shall  be  the  duty  of 
the  Secretary  of  the  Interior  to  make  such  rules  and  regulations  as'  may 
be  necessary  to  carry  into  effect  the  provisions  of  this  act :  Provided, 
That  nothing  herein  contained  shall  prejudice  the  rights  of  any  person 
who  may  have  made  actual  settlement  upon  such  lands  under  the  pre- 
emption or  homestead  laws  prior  to  the  passage  of  this  act.  (a) 

(a)  See  Nos.  1140, 1142, 1146, 1151. 


May  5,  1876.      No.  1148.— AN  ACT  to  exclude  the  States  of  Missouri  and  Kansas  from  the  pro- 
Vof.  19,  p.  52.         visions  of  the  act  of  Congress  entitled  "An  act  to  promote  the  development  of  the 

mining  resources  of  the  United  States  "  approved  May  tenth  eighteen  hundred  and 

seventy-two. 

All  lands  in  Beit  enacted,  $-c.,  That  within  the  States  of  Missouri  and  Kansas  de- 
Missouri  and  posits  of  coal,  iron,  lead,  or  other  mineral  be,  and  they  are  hereby,  ex- 
to3 disposal1]*  a?  cluded  from  the  operation  of  the  act  entitled  "An  act  to  promote  the 
ricultural  land!  development  of  mining  resources  of  the  United  States"  approved  May 

tenth,  eighteen  hundred  and  seventy -two  and  all  lands  in  said  Statea 

shall  be  subject  to  disposal  as  agricultural  lands. 


July  31,  1876. 
Vol.  19,  p.  121. 


IVo.  1 149.— AN  ACT  making  appropriations,  &c. 

[Office  of  recorder  of  land  titles  of  the  State  of  Missouri  abolished. 
See  OHIO,  No.  189.] 


Dec.  28,  1876.      Wo.  1 1 50.— AN  ACT  directing  the  Commissioner  of  the  General  Land  Office  to  issue 
VoL  19,  p.  500.         certificate  of  relocation  for  six  hundred  and  forty  acres  of  land  in  the  Territory  of 
Missouri,  to  legal  representatives  of  Samuel  "Ware. 

Preamble.  Whereas,  Samuel  Ware  was  the  owner  of  land  claim  numbered  four 

hundred  and  thirty-eight,  located  in  the  county  of  New  Madrid,  in  the 
then  Territory  of  Missouri,  for  six  hundred  and  sixty  arpents,  which 
was  confirmed  by  act  of  Congress  of  the  twenty-ninth  day  of  April, 
eighteen  hundred  and  sixteen  (United  States  Statutes,  volume  three, 
page  three  hundred  and  twenty-eight) ;  aud 

Whereas,  said  lands  having  been  injured  by  earthquakes,  the  said 
Samuel  Ware  availed  himself  of  the  provisions  of  the  act  of  the  seven- 
teenth day  of  February,  eighteen  hundred  aud  fifteen,  (Statutes, 
volume  three,  page  two  hundred  and  eleven,)  whereby  persons  owning 
lands  in  said  county  of  New  Madrid  which  were  materially  injured  by 
earthquakes  were  authorized  to  locate  the  like  quantity  of  lands  on 
any  of  the  then  Territory  the  sale  of  which  is  authorized  by  law  ;  and 

Whereas,  in  pursuance  of  said  law,  said  Ware  relinquished  his  claim 
to  the  land  confirmed  as  number  four  hundred  and  thirty -eight,  under 
the  act  of  the  twenty-ninth  day  of  April,  eighteen  hundred  and  sixteen, 
and  applied  for  a  certificate  of  relocation  ;  and 

Whereas,  on  the  sixteenth  day  of  August,  eighteen  hundred  and  six- 
teen, Frederick  Bates,  recorder  of  land  titles,  did  issue  to  said  Samuel 
Ware  certificate  of  location  numbered  sixty -three,  which  was  afterward 
located  on  the  east  half  of  section  twelve,  township  twenty -four  north, 
of  range  seventeen  east,  and  the  west  half  of  section  seven,  township 
twenty-four  north,  of  range  eighteen  east,  on  Wolf  Island,  in  the  Mis- 
sissippi River,  upon  the  supposition  that  said  island  was  in  the  State 
of  Missouri ;  and 

Whereas,  it  has  been  decided  by  the  Supreme  Court  of  the  United 
States  (eleventh  Wallace,  three  hundred  and  ninety-five,)  that  said 
island  belonged  to  the  State  of  Kentucky;  now,  therefore, 


MISSOURI. 


487 


Be  it  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office     Relocation   of 
be,  and  he  is  hereby,  required  to  issue  a  certificate  of  new  location  toBendtatTvrepr<^ 
the  legal  representatives  of  Samuel  Ware,  authorizing  them  to  locate  samuei  ware . 
said  certificate  on  six  hundred  and  forty  acres  of  any  land  in  what 
was  Missouri  Territory,  subject  to  sale. 


IVo.  1151.— AN  ACT  granting  to  the  State  of  Missouri  all  lands  therein  selected    March  3,  1877. 
as  swamp  and  overflowed  lands.  Vol.  19,  p.  395. 

Be  it  enacted,  #c.,  That  all  lands  in  the  State  of  Missouri  selected  as     Swamp  and 
swamp  and  overflowed  lands,  and  regularly  reported  as  such  to  the  overflowed  lands 
General  Land  Office,  and  now  withheld  from  market  as  such,  so  far  as  to  Miss°uri. 
the  same  remain  vacant  and  unappropriated  and  not  interfered  with 
by  any  pre-emption,  homestead,  or  other  claim  under  any  law  of  the 
United  States,  and  the  claim  whereto  has  not  been  heretofore  rejected 
by  the  Commissioner  of  the  General  Land  Office,  or  other  competent 
authority,  be,  and   the  same  are  hereby,  confirmed  to  said  State,  and  Patents  to  issue, 
all  title  thereto  vested  in  said  State  ;  and  it  is  hereby  made  the  duty  of 
the  Secretary  of  the  Interior  to  cause  patents  to  issue  for  the  same,  (a) 

(a)  SeeNos.  1140,  1142,  1146,  1147. 


IVo.  1152.— AN  ACT  to  create  an  Auditor  of  Railroad  Accounts  and  for  other  pur- 


[Repeal  of  act  of  June  25,  1868,  and  sec.  20  of  act  of  July  1,  1862,  in 
reference  to  filing  reports  of  railroad  companies.  See  NEBRASKA,  No. 
2130.] 


June  19, 1878. 
Vol,20,p.l69. 


No.  1153.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Israel     June  15, 1880. 
Dodge,  deceased.  Vol.  21,  p.  — . 

Whereas,  it  appears  that  the  claim  of  Israel  Dodge,  or  his  legal  rep-  Preamble, 
resentatives,  was  confirmed  by  the  act  of  Congress  entitled  "An  act  to 
confirm  certain  land  claims  in  the  State  of  Missouri,"  approved  June 
twenty-first,  eighteen  hundred  and  sixty,  to  the  extent  of  seven  thou- 
sand and  fifty -six  arpents,  equal  to  six  thousand  and  two  acres  and 
fif  ty-hundredths  of  an  acre,  and  that  on  the  twenty-second  day  of  De- 
cember, eighteen  hundred  and  sixty-five,  a  certificate  of  location  num- 
ber two  was  issued  by  the  Commissioner  of  the  General  Land  Office  in 
full  satisfaction  of  said  claim  of  Israel  Dodge,  erroneously  reciting  the 
act  of  Congress  approved  June  second,  eighteen  hundred  and  fifty-eight, 
as  the  authority  for  the  issue  of  said  certificate ;  and 

Whereas  it  appears  that  certain  tracts  of  laud  subject  to  location  and 
entry  under  the  provisions  of  the  aforesaid  act  of  June  twenty -first, 
eighteen  hundred  and  sixty,  have  been  duly  entered  under  and  by  vir- 
tue of  said  certificate,  and  in  part  satisfaction  thereof :  Therefore, 

Be  it  enacted,  $-c.,  That  the  Commissioner  of  the  General  Land  Office  Patents  to  issue 
be,  and  he  is  hereby,  authorized  and  required  to  issue  patents  to  such  to 
of  the  legal  representatives  of  Israel  Dodge,  deceased,  as  may  be  en-  por 
titled  to  them,  for  lands  entered  under  and  by  virtue  of  certificate  of 
location  number  two,  erroneously  issued  by  the  Commissioner  of  the 
General  Land  Office  on  the  twenty-second  day  of  December,  eighteen 
hundred  and  sixty-five,  to  the  legal  representatives  of  said  Israel 
Dodge,  as  under  and  by  virtue  of  act  of  Congress  approved  June  second, 
eighteen  hundred  and  fifty-eight  with  the  same  effect  as  though  said 
lands  had  been  entered  under  and  by  virtue  of  a  certificate  duly  issued 
in  accordance  with  the  provisions  of  the  second  section  of  the  act  of 
June  twenty-first,  eighteen  hundred  and  sixty :  Provided,  Said  entries 
be  found  free  from  objection  in  every  other  particular,  and  that  for  the 
remainder  of  the  land  yet  authorized  to  be  located  under  said  certificate 
upon  the  surrender  thereof,  he  issue  to  the  legal  representatives  afore- 
said, who  may  be  legally  entitled  thereto,  certificates  of  location  in 
quantities  not  to  exceed  eighty  acres  and  subject  to  all  the  provisions 
of  said  act  of  June  twenty-first,  eighteen  hundred  and  sixty,  each  of 
which  may  be  located  upon  any  lands  not  mineral,  of  the  United  States, 
subject  to  entry  under  the  laws  thereof,  and  the  lands  located  there- 
with patented  in  like  manner  as  other  public  lands  of  the  United  States: 
Provided,  That  the  location  in  each  case  shall  conform  to  the  legal  sub-  Proviso, 
divisions  of  the  public  surveys. 


Proviso. 


ARKANSAS. 


May  6,  1812.      No.  1154.— AN  ACT  to  provide  for  designating,  surveying  and  granting  the  mili- 
Vol.  2,  p.  728.  tary  bounty  lands. 

[Lands  set  apart  for  satisfying  military  bounty  claims,  not  exceeding 
six  millions  of  acres,  in  Michigan,  Illinois,  and  Territory  of  Louisiana, 
subsequently  Arkansas.  See  MICHIGAN,  No.  458.] 


Aug.  2,  1813.       No.  1155.— AN  ACT  giving  further  time  for  registering  claims  to  lands  in  the  late 
Vol.  3,  p.  86.  district  of  Arkansaw,  in  the  Territory  of  Missouri,  and  for  other  purposes. 


[See  MISSOURI,  No.  974.  ] 


March  2, 1819.     No.  1 1 56.— AN  ACT  establishing  a  separate  Territorial  government  in  the  southern 
VoL  3,  p.  493.  part  of  the  Territory  of  Missouri. 


Part  of  the  Mis-  Be  it  enacted,  $c.,  That  from  and  after  the  fourth  day  of  July  next,  all 
souri  Territory  that  part  of  the  Territory  of  Missouri  which  lies  south  of  a  line,  begin- 
after  July  4, 1819,  Ding  on  tne  Mississippi  River,  at  thirty-six  degrees,  north  latitude, 
aTateTerritoi^y to runn^D§  thence  west  to  the  river  St.  Francois;  thence,  up  the  same,  to 
be  called  Arkan-  thirty-six  degrees  thirty  minutes  north  latitude  ;  and  thence,  west,  to 
sas.  the  western  Territorial  boundary  line ;  shall,  for  the  purposes  of  a  Terri- 

torial government,  constitute  a  separate  Territory ,  and  be  called  the 
Arkansaw  Territory,  (a) 

******* 

Laws  in  force  gEC.  10.  And  be  it  further  enacted,  That  all  the  laws  which  shall  be  in 
JulyflSlffl?  force  iu  the  Territory  of  Missouri,  on  the  fourth  day  of  July  next,  not 
not  inconsistent',  inconsistent  with  the  provisions  of  this  act,  and  which  shall  be  appli- 
&c.,  to  be  in  force  cable  to  the  Territory  of  Arkansaw,  shall  be,  and  continue,  in  force  in 
in  Arkansas.  the  latter  Territory,  until  modified  or  repealed  by  the  legislative  author- 
ity thereof. 

Military  boun-  SEC.  11.  And  be  it  further  enacted,  That  the  bounty  lands  granted,  or 
ty  lands  exempt  hereafter  to  be  granted,  for  military  services  during  the  late  war,  shall, 
three  years8 from  wnile  *hey  continue  to  be  held  by  the  patentees  or  their  heirs,  remain 
date  of  patents,  exempt  from  all  taxes,  for  the  term  of  three  years  from  and  after  the 
while,  &c.  date  of  the  patents  respectively.  (&) 

******* 

The    line    be-     SEC.  14.  And  be  it  further  enacted,  That  the  line  now  established  by 
reen  c«rtain  law,  bet  ween  the  land  offices  at  the  seat  of  justice  in  the  county  of  Law- 
tered.  01  ai'rence,  and  at  the  town  of   Jackson,  in  the  county  of  Cape  Gireadeau, 

shall,  from  and  after  the  passage  of  this  act,  be  so  altered  as  to  run,  be 
the  same  and  correspond  with  the  northern  line  of  the  said  Territory  of 
Arkansaw,  any  thing  in  the  act,  entitled  "An  act  making  provision  for 
the  establishment  of  additional  land  offices  in  the  Territory  of  Mis- 
souri," passed  the  seventeenth  day  of  February,  one  thousand  eight 
hundred  and  eighteen,  to  the  contrary  notwithstanding,  (c) 

(a)  See  Nos.  762,  1076,  1161,  1171,  1203,  1204,  1239,  1257. 

(6)  See  Nos.  1203,  1204. 

(c)  See  Nos.  1157,  1158,  1166,  1191,  1200,  1209, 1234,  1254. 


March  17,  1820.  No.  1157.— AN  ACT  to  authorize  the  President  of  the  United  States  to  appoint  a 
Vol.  3,  p.  554.        receiver  of  the  public  moneys  and  register  of  the  land  office  for  the  district  of  Law- 


rence County,  in  the  Arkansas  Territory. 


authorized  to  ap-  Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he 
point  a  receiver  i8  hereby,  authorized  to  appoint  a  receiver  of  the  public  moneys  and 
for  register  of  the  land  office  for  the  district  of  Lawrence  County,  in  the 
n"  Arkansas  Territory,  (a) 

488 


ARKANSAS.  489 

SEC.  2.  And  le  it  further  enacted,  That  every  person  having  a  claim  to  Persons  having 
a  right  of  pre-emption  within  the  said  district,  shall  make  known  h»^m^°PJ|JJJj£ 
<jlaim  and  location,  according  to  the  provisions  of  the  laws  now  in  force,  ^  known  to  the 
to  the  register,  at  least  six  weeks  before  the  time,  to  be  designated  by  register  six 
the  President  of  the  United  States,  for  issuing  patents  to  the  soldiers  weeks  before 
of  the  late  army  entitled  to  bounty  laud  in  said  district,  (a)  S 

(a)  See  Nos.  1156, 1158,  1166,  1191, 1200,  1209,  1234, 1254.  late  army- 


,  1 1 58.— AN  ACT  authorizing  the  President  of  the  United  States  to  remove  the     March  2,  182 1. 
land  office  in  the  district  of  Lawrence  County,  in  the  Territory  of  Arkansas.  Vol.  3,  p.  622. 


Be  it  enacted,  $-c.,  That,  so  much  of  the  act,  entitled  "An  act  making    Part  of  an  act 
provision  for  the  establishment  of  additional  land  offices  in  the  Terri-  of  February  17, 
tory  of  Missouri,"  as  requires  that  the  land  office  for  the  district  of  Law- 1818'  re 
rence  County  shall  be  established  at  the  seat  of  justice  in  said  county,     The  President 
shall  be,  and  the  same  is  hereby,  repealed ;  and  the  President  of  thenjg'ves*ablisnt! 
United  States  is  hereby  authorized  to  remove  and  establish  said  office  ableplace!5^ 8' 
at  any  suitable  place  within  the  said  district,  (a) 


(a)  See  Nos.  1156,  1157,1166,  1191,  1200,  1209,  1234,  1254. 


No.  1 159.— AN  ACT  authorizing  the  Secretary  of  the  Treasury  to  furnish,  for  the  Jan.  1,  1824. 
use  of  the  Territory  of  Arkansas,  an  abstract  of  the  military  'bounty  lands,  lying  Vol.  4,  p.  1. 
within  the  same. 


An  abstract  to 

Be  it  enacted,  $-c.,  That  it  shall  be  the  duty  of  the  Secretary  of  the  be  made  out  of 
Treasury,  to  cause  a  complete  abstract  to  be  made  out  and  transmitted,  military   bounty 
for  the  use  of  the  Territory  of  Arkansas,  to  the  governor  of  said  Terri-  iSy  of  Arkan- 
tory,  of  all  the  military  bounty  lands,  which  have  been  patented  to  the  sas. 
soldiers  of  the  late  army,  or  to  their  legal  representatives,  lying  within 
the  same,  designating  the  tract,  the  nam«  of  the  patentee,  and  the  time 
when  issued,  (a) 

(a)  See  Nos.  458,  1154,  1167,  1177,  1204,  1216,  1240,  1245. 


IVo.  1160.— AN  ACT  concerning  pre-emption  rights  in  the  Territory  of  Arkansas.       May  26,  1824. 

Be  it  enacted,  $-c  ,  That  every  person,  and  the  legal  representative  of      Vo  ' 4|  p' 39' 
every  person,  who  was  entitled  to  the  right  of  pre-emption,  in  the  Ter-     Any  person  or 
ritory  of  Arkansas,  under  the  provisions  of  the  act  of  Congress  of  the  llis  le£al  repre- 
12th  of  April,  one  thousand  eight  hundred  and  fourteen,  entitled  " An  was^entitlel  to 
act  for  the  final  adjustment  of  laud  titles  in  the  State  of  Louisiana  and  the  right  of  pre- 
Territory  of  Missouri,"  in  that  tract  of  country  north  of  the  river  Ar-  emption    in   the 
kansas,  ceded  by  the  United  States  to  the  Cherokee  nation  of  Indians,  Territory  of  Ar- 
on  the  eighth  day  of  July,  one  thousand  eight  hundred  and  seventeen,  S^o?' April  12 
be,  and  they  are  hereby,  authorized,  in  lieu  thereof,  and  in  full  compen- 1314,    authorized 
sation  for  such  right  of  pre-emption,  to  enter  with  the  register  of  the  to  enter  with  the 
land  office  in  the  district  of  Lawrence,  in  said  Territory,  any  tract  within  register   of    the 
said  district,  on  which  they  may  have  made  improvements  previously  Lawrence  Cdis^ 
to  the  passing  of  this  act,  or  any  unimproved  tract  within  said  district,  trict,   any  tract 
the  sale  of  which  is  authorized  by  law  :  Provided,  That  no  more  than  therein, 
one  quarter- section  of  land  shall  be  sold  to  any  one  individual,  in  virtue     Provl80- 
of  this  act ;  and  the  same  shall  be  bounded  by  the  sectional  and  divi- 
sional lines  run,  or  to  be  run,  under  the  direction  of  the  surveyor  of  the 
United  States'  lands  for  the  States  of  Missouri  and  Illinois,  and  Terri- 
tory of  Arkansas. 

SEC.  2.  And  be  it  further  enacted,  That  every  person  claiming  a  pref-     Every    person 
erence  in  becoming  the  purchaser  of  a  tract  of  land,  in  virtue  of  this  claiming   a  pre- 
act,  shall  deliver  a  notice  in  writing  to  the  register  of  the  land  office  j^S °  amp  u  r 
for  said  district,  stating  therein  that  he  was  entitled  to  a  pre-emption  chaser"of  a  tract 
right,  under  the  aforesaid  act  of  Congress,  in  that  part  of  the  Territory  of  land,  in  virtue 
of  Arkansas  ceded  as  aforesaid,  and  also  particularly  designating  there-  of  this  act,  shall 
in  the  quarter- section  he  is  desirous  to  enter,  which  notice  the  register  jjf  ^j^  "0  the 
shall  file  in  his  office ;  and,  in  every  case  where  it  shall  be  proved,  to  register  "of    the 
the  satisfaction  of  the  register  and  receiver  of  public  moneys  of  the  laud    office   for 
laud  office  aforesaid,  that  any  person  who  has  delivered  such  notice  was  ss*i&  district. 
entitled  to  a  pre-emption  right  under  said  act  of  Congress,  in  that  part  file  suciTnoSje 
of  the  Territory  of  Arkansas  ceded  as  aforesaid,  shall  have  a  right  to 


490  ARKANSAS 

enter  with  the  register  of  said  land  office,  at  the  minimum  price  for 
which  United  States'  lands  are  sold,  the  tract  of  land  designated  in  said 
notice,  on  producing  his  receipt  from  the  receiver  of  public  moneys  for 
the  purchase  money  of  said  tract,  as  in  case  of  other  public  lands  sold 
at  private  sale ;  and,  as  a  compensation  for  their  services,  the  register 
and  receiver  shall,  each,  be  entitled  to  one  dollar  in  every  such  case,  to 
Proviso.  be  paid  by  the  claimant  of  such  pre-emption  right :  Provided,  That 

every  such  entry  and  payment  shall  be  made  at  least  two  weeks  previous 
to  the  time  of  offering  the  adjacent  lands  at  public  sale,  unless  the 
same  be  entered  in  such  part  of  said  district  as  shall  have  been  offered 
at  public  sale  at  the  time  of  the  passage  of  this  act ;  in  which  caser 
such  entry  shall  be  made  within  two  years  from  the  passage  thereof,  (a) 

(a)  See  Nos.  421, 1178, 1200, 1230, 1236, 1245, 1255, 1258, 1261. 

May  26,  1824.     No.  1 161  .—AN  ACT  to  fix  the  western  boundary  line  of  the  Territory  of  Arkansas, 
VoL  4,  p.  40.  and  for  other  purposes. 


Course  of  the  Be  it  enacted,  #c.,  That  the  western  boundary  line  of  the  Territory  of 
western  bound-  Arkansas  shall  begin  at  a  point  forty  miles  west  of  the  southwest  coruer 
Teynitoe  of  Ar6.of.  the  State  of  Mis8Ouri>  and  ruu  *°uth  to  the  right  bank  of  the  Red 
kansas.  "  River,  and  thence,  down  the  river,  and  with  the  Mexican  boundary,  to 

the  line  of  the  State  of  Louisiana,  any  law  heretofore  made,  to  the  con- 
trary notwithstanding,  (a) 


(a)  See  Nos.  762, 1076, 1156, 1171, 1203, 1204, 1239, 1257. 


May  26, 1824.      No.  1 1 62.— AN  ACT  making  an  appropriation  towards  the  extinguishment  of  the 
VoL  4,  p.  41 .  Quaupau  title  to  lands  in  the  Territory  of  Arkansas. 


Appropriation  Be  it  enacted,  <fr.,  That  a  sum  not  exceeding  seven  thousand  five  hun- 
of  $7,500  to  uego-  dred  dollars  be,  and  the  same  is  hereby,  appropriated,  to  be  paid  out  of 
haeteotauT)tauWinlany  monev  iu  tne  Treasury  not  otherwise  appropriated,  to  enable  the 
dians.  President  of  the  United  States  to  negotiate  a  treaty  with  the  Quaupau 

Indians,  for  the  extinguishment  of  their  title  to  lands  in  the  Territory 

of  Arkansas. 


May  26,  1824.     No.  1 163.- AN  ACT  enabling  the  claimant*  to  lands  within  the  limits  of  the  State 
Vol.  4,  p.  52.          of  Missouri  and  Territory  of  Arkansas  to  institute  proceedings  to  try  the  validity 
•     of  their  claims. 

[See  MISSOURI,  No.  998.] 

May  26,  1824.     No.  1 1 64.— AN  ACT  supplementary  to  an  act  passed  on  the  thirteenth  day  of  June, 
Vol.  4,  p.  65.          one  thousand  eight  hundred  and  twelve,  entitled  "An  act  making  further  provision 
for  settling  the  claims  to  land  in  the  Territory  of  Missouri." 

[Survey or- general  to  survey  and  set  apart  vacant  lots,  commons,  &c., 
in  Arkansas  village,  for  use  of  schools,  &c.     See  MISSOURI,  No.  999.] 


March  3,  1825.  No.  1 165.— AN  ACT  for  the  relief  of  Moses  Plumer. 

Tol.  6,  p.  329.  it  enacted,  #c.,  That  it  shall  and  may  be  lawful  for  Moses  Plumer, 


Any  unappro-  a  soldier  in  the  late  war,  to  locate  and  enter,  with  the  register  of  the 

priated  military  iand  office  for  the  proper  district  in  the  Territory  of  Arkansas,  accord - 

of'Tand8  ?n    A i>  iQ&  *°  *ne  sectional  and  divisional  lines,  any  unappropriated  quarter - 

kansas  to  be  en-  section  of  land  within  the  military  district  in  said  Territory ;  and,  upon 

tered  by  him.       such  location  and  entry  being  made,  it  shall  be  the  duty  of  the  register 

to  issue  to  the  said  Moses  Plumer,  a  certificate,  specifying  therein  the 

quarter  section  so  located  and  entered.    And  it  shall  be  the  duty  of  the 

Commissioner  of  the  General  Land  Office  to  issue  a  patent  for  the  land 

so  located  and  entered,  whenever  the  certificate  aforesaid  shall  be  pre- 

Proviso.  sented  to  him  for  that  purpose :  Provided,  That,  before  such  location 

and  entry  shall  be  made,  the  said  Moses  Plumer  shall  surrender  to  the 

register  the  patent  which  he  now  holds  from  the  United  States,  for  the 

southeast  quarter  of  section  four,  of  tovrusLip  ten,  in  range  five,  west 

of  the  tract  appropriated  for  military  bounties,  in  the  Territory  of 

Arkansas,  accompanied  by  such  a  release  of  his  interest  to  the  land 

therein  specified,  as  the  Commissioner  of  the  General  Land  Office  shall 

direct. 


ARKANSAS.  491 

No.  1 1 66.— AN  ACT  to  extend  the  land  districts  in  the  Territory  of  Arkansas.         April  5,  1826. 
Be  it  enacted,  #c.,  That  all  that  tract  of  country  in  the  Territory  of 


Arkansas,  lying  north  of   the  base  line,  and  west  of  the  Lawrence     Tract  of  conn- 
land  district,  be,  and  the  same  is  hereby,  attached  to,  and  made  a  part  jjjg  j^^  dStrlofe 
of,  said  land  district ;  and  all  that  part  of  the  Territory  of  Arkansas  jn  Arkansas, 
lying  south  of  the  base  line,  and  west  of  the  Arkansas  land  district,  be, 
and  the  same  is  hereby,  attached  to,  and  made  a  part  of,  the  Arkansas 
land  district :  Provided,  That  nothing  in  this  act  contained  shall  be  con-     Proviso, 
strued  as  authorizing  a  survey  or  interference  of  any  kind  whatever 
upon  any  lands,  the  right  whereof  is  in  any  Indian  tribe,  (a) 
(a)  See  Nos.  1156, 1157, 1158, 1191, 1200, 1209, 1234, 1254. 

No.  1167. — AN  ACT  authorizing  certain  soldiers  in  the  late  war  to  surrender  the     May  22,  1826. 
bounty  lands  drawn  by  them,  and  to  locate  others  in  lieu  thereof.  Vol.  4,  p.  190. 

Be  it  enacted,  #c.,  That  it  shall  and  may  be  lawful  for  any  soldiers  in     Soldiers,  or 
the  late  war,  or  their  heirs,  to  whom  bounty  lands  have  been  patented,  their    heirs, '  to 
or  may  hereafter  be  patented,  in  the  Territory  of  Arkansas,  and  which  land  ^J^  b °  u  " t  y 
is  unfit  for  cultivation,  and  who  have  removed,  or  shall  hereafter  remove,  *£  t^  n^ee,j  ef  ^ 
to  the  said  Territory,  with  a  view  to  actual  settlement  on  the  lands  by  Arkansas,    unfit 
them  drawn — in  all  such  cases,  where  it  shall  be  made  to  appear,  in  such  for  cultivation, 
manner  as  the  Commissioner  of  the  General  Land  Office  shall  direct,  to  the t0^  ™°  e  * v  e.  J n 
satisfaction  of  the  register  and  receiver  of  the  proper  district,  that  the  quantity^on  a*ny 
land  patented  to  them  is  unfit  for  cultivation,  and  on  the  surrender  of  of  the  unappro- 
the  patent  to  them  granted,  accompanied  with  such  a  release  of  their  priated  lands  in 
interest  as  the  Commissioner  of  the  General  Land  Office  shall  prescribe,  trict^nsaf^Ter" 
such  soldier,  or  his  heirs,  may  locate  and  enter  with  the  register  of  the  ritory. 
land  office,  for  the  proper  district,  in  the  Territory  of  Arkansas,  accord- 
ing to  the  sectional  and  divisional  lines,  the  like  quantity  on  any  of  the 
unappropriated  public  lands  in  the  military  district  in  said  Territory  ; 
and  upon  such  entry  and  location  being  made,  it  shall  be  the  duty  of    Duty  of  the 
the  register  to  issue  to  the  person  so  locating,  a  certificate  specif ying  re»ister- 
the  quarter  or  half  section  of  land  so  located  and  entered  ;  and  it  shall     Duty  of  the 
be  the  duty  of  the  Commissioner  of  the  General  Land  Office,  if  he  is  Commissioner  of 
satisfied  such  certificate  was  fairly  obtained,  to  issue  a  patent  for  the  office^6 
lands  so  located,  whenever  the  certificate  aforesaid  shall  be  presented     proviso 
to  him  for  that  purpose.    Provided,  That  before  such  certificate  of  loca- 
tion shall  be  granted,  the  applicant  shall  satisfy  the  register  and  re- 
ceiver that  his  interest  in  the  land  originally  patented  to  him,  has  not 
been  divested,  either  by  his  own  acts,  or  by  the  operation  of  law,  for 
taxes,  or  otherwise.    And  provided,  also,  That  such  surrender  and  relo-     Su^     surren- 
cation  shall  be  made  on  or  before  the  first  day  of  January,  eighteen  nfaie  on*  or  b<J 
hundred  and  thirty.    But,  if  said  interest  shall  have  been  divested  in  fore  Jan.  l,  1830, 
either  mode  above  mentioned,  no   title  shall  be  acquired  to  the  land  &c. 
subsequently  patented,  (a) 

(a)  See  Nos.  458, 1154, 1159, 1177, 1204, 1216, 1240, 1245. 


No.  1 168.— AN  ACT  for  the  relief  of  Phinehas  Underwood,  and  for  other  purposes.     May  22, 1826. 

[Extension  of  time  for  filing  petitions  under  provision  of  act  enabling  — 
claimants  in  Arkansas,  &c.,  to  institute  judicial  proceedings.     See  MIS- 
SOURI, No.  1002."] 


No.  1169.— AN  ACT  concerning  a  seminary  of  learning  in  the  Territory  of  Ar-     March  2, 1827. 

kansas.  Vol.  4,  p.  235. 

Be  it  enacted,  $-c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is    secretary  of  the 
hereby,  authorized  to  set  apart  and  reserve  from  sale,  out  of  any  of  the  Treasury  to  set 
public  lands  within  the  Territory  of  Arkansas,  to  which  the  Indian  title  apart  a    certain 
has  been,  or  may  be,  extinguished,  and  not  otherwise  appropriated,  a  Q"* of^^IfbHc 
quantity  of  land  not  exceeding  two  eutire  townships,  for  the  use  and  iami8]for  the  use 
support  of  an  university  within  the  said  Territory  and  for  no  other  use  Of  a  university, 
or  purpose  whatsoever;  to  be  located  in  tracts  of  land  of  not  less  than 
an  entire  section,  corresponding  with  any  of  the  legal  divisions  into 
which  the  public  lauds  are  authorized  to  be  surveyed,  one  of  which  said 
townships,  so  set  apart  and  reserved  from  sale,  shall  be  in  lieu  of  an 
entire  township  of  laud  directed  to  be  located  on  the  waters  of  the  Ar- 
kansas River  in  said  Territory,  for  the  use  of  a  seminary  of  learning 


492  ARKANSAS.      , 

therein,  by  an  act  of  Congress,  entitled  "An  act  making  provision  for 
the  establishment  of  additional  land  offices  in  the  Territory  of  Missouri," 
approved  February  the  seventeenth,  one  thousand  eight  hundred  and 
eighteen,  (a) 

(a)  See  Nos.  989,  1196,  1203,  1204,  1237. 


March  3, 1827.       No.  1 1 70.— AN  ACT  for  the  benefit  of  the  heirs  of  Gregory  Strahan,  deceased. 
Be  it  enacted,  <$-c.,  That  the  provisions  of  the  several  acts  of  Congress, 


Acts  relating  relating  to  refugees  from  Canada  and  Nova  Scotia,  be,  and  the  same  are 
CanatKc  e™  hereby,  extended  to  the  heirs  of  Gregory  Strahan,  deceased ;  and  that 
tended  '  to  '  his  the  amount  of  land,  awarded  by  the  officers  directed  in  said  acts  to  settle 
heirs.  and  adjust  like  claims,  shall  be  located  in  the  Territory  of  Arkansas, 

upon  such  lands  as  have  been  surveyed,  and  are  or  may  be  unappropri- 
ated. 


May  19,  1828.     No.  1171.— AN  ACT  to  authorize  the  President  of  the  United  States  to  run  and 
Vol.  4,  p.  276.  mark  a  line,  dividing  the  Territory  of  Arkansas  from  the  State  of  Louisiana 


[/See  LOUISIANA,  No.  762.] 


May  24,  1828.     X  o.  1 1  72.— AN  ACT  to  continue  in  force  for  a  limited  time,  and  to  amend  an  act, 
Vol.  4,  p.  298.         entitled  "An  act  to  enable  claimants  to  lands  within  the  limits  of  the  State  of  Mis- 

souri  and  Territory  of  Arkansas,  to  institute  proceedings  to  try  the  validity  of  their 

claims. 

[See  MISSOURI,  No.  1007.] 


May  24,  J828.     No.  1173— AN  ACT  to  aid  the  State  of  Ohio  in  extending  the  Miami  Canal  from 
Vol.  4,  p.  305.          Dayton  to  Lake  Erie,  and  to  grant  a  quantity  of  lend  to  said  State  to  aid  in  the  con- 
struction of  the  canals  authorized  by  law ;  and  for  making  donations  of  land  to  cer- 
tain persons  in  Arkansas  Territory. 

*  *  *  *  *  *  * 

Each  head  of  a  SEC.  8.  And  be  it  further  enacted,  That  each  head  of  a  family,  widow 
family,  &c.,  over  or  sjn^]e  man>  Over  the  age  of  twenty-one  years,  actually  settled  on  that 
vears^actuaUy  Part  °*  tne  Territory  of  Arkansas,  which,  by  the  first  article  of  the  treaty 
settled,  which,  between  the  United  States  and  the  Cherokee  Indians  west  of  the  Mis- 
by  1st  article  of  sissippi,  ratified  the  twenty-third  day  of  May,  one  thousand  eight  hun- 
treaty  between  dred  and  twenty-eight,  has  ceased  to  be  a  part  of  said  Territory,  who 
and  the  Chero8  8na11  remove  from  such  settlement  according  to  the  provisions  of  that 
kees  west  of  the  treaty,  shall  be  authorized  to  enter  with  the  proper  register  of  the  land 
Mississippi,  rati-  office  in  Arkansas,  a  quantity  not  exceeding  two  quarter-sections  of 
fife(M  by23tri6Sf  land'  on  aD?  of  tbe  Pub!ic  lands  in  that  Territory,  the  sale  of  which  is 
authorized 'to  en'  authorized  by  law,  and  in  conformity  with  the  lines  of  the  public  sur- 
ter  with  the  veys,  at  any  time  within  two  years  from  the  passage  of  this  act;  and 
proper  register  upon  presenting  the  certificate  of  such  entry  to  the  Secretary  of  the 
a  ceedin^ t wo Treasury>  a  patent  shall  be  issued  to  such  settler,  or  to  his,  her  or  their 
quarter^sectio^u  s  heirs,  for  the  lands  so  entered,  as  a  donation  from  the  United  States,  as 
of  land.  an  indemnity  for  the  improvements  and  losses  of  such  settler  under  the 

aforesaid  treaty. 

Register,    &c.,      SEC.  9.  And  be  it  further  enacted,  That  the  register  and  receiver  of  the 

^it^estimonPIof  land  office> to  which  application  may  be  made  to  enter  such  lands,  shall 

Fuch  Actual  set-  be  authorized  to  take  the  proper  testimony  of  such  actual  settlement 

tlement  and  sub-  and  subsequent  removal,  as  in  cases  of  pre-emptions  heretofore  granted 

sequent  removal,  to  actual  settlers,  for  which  a  reasonable  compensation  shall  be  made 

to  such  registers  and  receivers,  by  the  United  States,  (a) 
(a)  See  Nos.  1174,  1176,  1181,  1195,  1201,  1230,  1243. 


Jan.  6,  1829.       No.  1 174.— AM  ACT  restricting  the  location  of  certain  land  claims  in  the  Territory 
Vol.  4,  p.  329.  of  Arkansas,  and  for  other  purposes. 

Persons  enii-  Be  it  enacted,  fc.,  That  no  person  entitled  to  a  donation  of  land  by  the 
tied  to  a  donation  eighth  section  of  an  act,  entitled  "An  act  to  aid  the  State  of  Ohio  in 
£Llan(Vnii^ie  extending  the  Miami  Canal  from  Dayton  to  Lake  Erie,  and  to  grant  a 
of  an  act  enti-  quantity  of  land  to  said  State  to  aid  in  the  construction  of  the  canals 
tied,  &c.,  not  al-  authorized  by  law,  and  for  making  donations  of  land  to  certain  persons 
lowed  to  enter  jn  Arkansas  Territory,"  shall  be  permitted  to  enter  the  improvement  of 


ARKANSAS.  493- 

any  actual  settler  in  the  Territory  of  Arkansas,  before  the  same  shall  the  improvement 
have  been  offered  for  sale,  unless  it  be  with  the  consent  of  such  actual  factual  settlers, 
settler ;  and  all  entries  which  may  be  so  made  shall  be  considered  null    ( 
and  void. 

SEC.  2.  And  le  it  further  enacted,  That  no  person  residing  south  of  the  Residents  south 
Arkansas  River,  and  west  of  the  present  Territorial  line,  shall  be  enti-  er  &c  wes^of 
tied  to  the  donation  of  land  given  by  the  eighth  section  aforesaid,  unless  Territorial  lino, 
said  persons  shall  move  east  of  said  line  ;  and,  in  that  case,  they  shall  not  entitled  to- 
be  entitled  to  the  donations  specified  in  said  eighth  section  of  said  act,  donation  given 
under  the  restrictions  aforesaid,  (a)  le^&c.  Un" 

(a)  See  Nos.  1173,  1176,  1181,  1195,  1201,  1230,  1243. 

No.  11 75.— AN  ACT  to  preserve  from  injury  and  waste  the  school  lands  in  the     Jan.  6,  1829. 
Territory  of  Arkansas.  Vol.  4,  p.  329. 

Be  it  enacted,  $-c.,  That  the  governor  and  general  assembly  of  the  ~ Governor   and 
Territory  of  Arkansas  be,  and  they  are  hereby,  authorized  to  make,  and  general  assembly 
carry  into  effect,  such  laws  and  needful  regulations  as  they  shall  deem  ?*  Arkansas,  au- 
most  expedient  to  protect  from  injury  and  waste  the  sixteenth  section  tect  ttie    lands 
in  all  townships  of  land  in  said  Territory,  where  surveys  have  been,  or  &c. 
may  hereafter  be,  made,  which  sections  are  reserved  for  the  support  of 
schools  in  each  township,  and  to  provide  by  law  for  leasing  or  renting 
the  same,  for  any  term  not  excee  ding  five  years,  in  such  manner  as  to 
render  said  school  lands  most  valuable  and  productive,  and  shall  apply    Rents  to  be  ap- 
the  rents  derived  therefrom  to  the  support  of  common  schools,  in  the  Plied  to  the  sup- 
respective  townships,  according  to  the  design  of  the  donation,  and  to  schools  ° 
no  other  purpose  whatever,  (a) 

(a)  See  Nos.  418,  989, 1179, 1199, 1203, 1204, 1219, 1227, 1229, 1237. 

No.   1176.— AN   ACT  to  extend  the  time  for  locating  certain  donations  in  Ar-     Jan.  13, 1830. 

kansas.  Vol.  4,  p.  371. 


Be  it  enacted,  tyc.,  That  so  much  of  an  act  of  Congress,  approved  Time  limited 
twenty-fourth  of  May,  eighteen  hundred  and  twenty-eight,  entitled  by  act  of  May  24, 
"  An  act  to  aid  the  State  of  Ohio  in  extending  the  Miami  canal  from  JfjLie  itf£  for 


e  itf    for 

Dayton  to  Lake  Erie,  and  to  grant  a  quantity  of  land  to  said  State  to  locating'  certain 
aid  in  the  construction  of  canals,  authorized  bylaw,  and  for  making  donations,  ex- 
donations  of  land  to  certain  persons  in  Arkansas  Territory;"  and,  also  tended  one  year 
so  much  of  an  act  approved  6th  January,  eighteen  hundred  and  twenty-  t] 
nine,  entitled  "An  act  restricting  the  location  of  certain  land  claims,  in 
the  Territory  of  Arkansas,  and  for  other  purposes,"  as  limits  the  time 
of  locating  those  donations,  be,  and  the  same  is  hereby  continued  in 
force,  for  the  further  term  of  one  year,  from  the  twenty-fourth  day  of 
May  next  :  Provided,  That  no  locations  shall  be  made  within  the  further  .  Proviso:    loca- 
time  allowed  by  this  act,  which  shall  not  include  the  actual  settlement  aSal^lTtt  le° 
made  by  the  claimant  prior  to  the  twenty-fourth  day  of  May  next,  (a)   ments  prior  to 
(a)  See  Nos.  1173,  1174,  1181,  1195,  1201,  1230,  1243.  May  24>  183°* 

No.  1177.—  AN  ACT  to  continue  in  force  "An  act  authorizing  certain  soldiers     March  23,  1830. 
in  the  late  war  to  surrender  the  bounty  lands  drawn  by  them,  and  to  locate  others     Vol.  4,  p.  383. 
in  lieu  thereof,"  and  for  other  purposes. 

Beitenacted,  #c.,  Thatthe  act  of  the  twenty-second  of  May,  one  thousand    Act  of  May-  22, 
eight  hundred  and  twenty-six,  entitled  "An  act  authorizing  certain  ]®>'6>  authorizing, 
soldiers  in  the  late  war  to  surrender  the  bounty  lands  drawn  by  them,  5  ^JSjiind  ft* 
and  to  locate  others  in  lieu  thereof,"  be,  and  the  same  is  hereby,  contin-  provisions  ex- 
ued  in  force  for  the  term  of  five  years.   And  the  provisions  of  the  above-  tended  to,  &c. 
recited  act  shall  be,  and  are  hereby,  extended  to  those  having  like 
claims  in  the  States  of  Illinois  and  Missouri,  (a) 

(a)  See  Nos.  458,  1154,  1159,  1167,  1204,  1216,  1240,  1245. 


No.  1 1 78.— AN  ACT  for  further  extending  the  powers  of  the  judges  of  the  superior  May  8, 1830. 
court  of  the  Territory  of  Arkansas,  under  the  act  of  the  twenty-sixth  day  of  May,  Vol.  4,  p. 399. 
one  thousand  eight  hundred  and  twenty -four,  and  for  other  purposes. 


Be  it  enacted,  $-c.,  That  the  act,  approved  on  the  twenty-sixth  day  of     Act  of  May  26, 
May,  one  thousand  eight  hundred  and  twenty-four,  entitled  "An  act  to  1824>  continued, 
enable  claimants  to  lands  within  the  limits  of  the  State  of  Missouri  and 
Territory  of  Arkansas,  to  institute  proceedings  to  try  the  validity  of 


, 


494  ARKANSAS. 

their  claims,"  shall  be,  and  hereby  is,  continued  in  force,  so  far  as  the 
said  act  relates  to  the  claims  within  the  Territory  of  Arkansas,  until 
the  first  day  of  July,  one  thousand  eight  hundred  and  thirty -one,  for 
Court    in   Ar-  the  purpose  of  enabling  the  court  in  Arkansas,  having  cognisance  of 
kansas    author!-  ciajms  under  the  said  act,  to  proceed  by  bills  of  review,  filed,  or  to  be 
Sin  decreed &c.  nl.ed> in  tne  said  court,  on  the  part  of  the  United  States,  for  the  purpose 
and    to    reverse  of  revising  all  or  any  of  the  decrees  of  the  said  court  in  cases  wherein 
them.  it  shall  appear  to  the  said  court,  or  be  alleged  in  such  bills  of  review, 

that  the  jurisdiction  of  the  same  was  assumed,  in  any  case,  on  any 
forged  warrant,  concession,  grant,  order  of  survey,  or  other  evidence  of 
title ;  and,  in  every  case  wherein  it  shall  appear  to  the  said  court,  on 
the  prosecution  of  any  such  bill  of  review,  that  such  warrant,  conces- 
sion, grant,  order  of  survey,  or  other  evidence  of  title,  is  a  forgery,  it 
shall  be  lawful,  and  the  said  court  is  hereby  authorized  to  proceed,  by 
further  order  and  decree,  to  reverse  and  annul  any  prior  decree  or  ad- 
judication upon  such  claim  ;  and  thereupon  such  prior  decree  or  adju- 
dication shall  be  deemed,  and  held  in  all  places  whatever,  to  be  null 
Mode  of  pro-  and  void  to  all  intents  and  purposes.  And  the  said  court  shall  proceed 
011  such  bills  of  review,  by  such  rules  of  practice  and  regulations  as 
they  may  adopt,  for  the  execution  of  the  powers  vested  or  confirmed 
in  them  by  this  act. 

No  entries  of  SEC.  2.  And  be  it  further  enacted,  That  no  entries  of  land  in  any  of  the 
land  to  be  made  land  offices  in  Arkansas,  under  any  of  the  provisions  of  the  said  act, 
until,  &c.  shall  be  made,  until  the  further  direction  of  Congress. 

Requisites    to      SEC.  3.  And  be  it  further  enacted,  That  no  patent  shall  be  issued  for 

the  issuing  o  f  iami8  un(ier  any  decree  of  the  said  court,  in  any  case  in  which  the 

Decrees  o^aid  or'S^nal  warrant,  concession,  grant,  or  order  of  survey,  has  been  with- 

court.  drawn  from  the  files  of  the  said  court,  unless  the  person  or  persons 

Original  war-  claiming  such  patent  shall  first  produce  and  deposit,  in  the  office  of  the 

anti   &Ci'^°  be  Commissioner  of  the  General  Land  Office,  the  original  warrant,  conces- 

PIGe" uTneness  of  siou'  grant>  or  order  of  survey,  on  which  such  decree  was  founded,  and 

this  warrant,  &e.,  on  which  the  said  court  took  jurisdiction  under  the  said  act;  and  no 

to  be  established  patent  shall  be  issued  until  the  further  order  of  Congress,  in  any  case, 

to  satisfaction  of  un(ier  the  said  act,  until  it  shall  satisfactorily  appear  to  the  Commis- 

Gene™al    Lan d  sioner  of  the  General  Land  Office  that  the  warrant,  concession,  grant, 

Office,  or  of  said  or  order  of  survey,  on  which  any  lands  are  claimed,  under  any  decree 

court  upon  re-  of  the  said  court,  was,  in  fact,  made  or  issued  by  or  under  the  authority 

of  the  person  or  persons  purporting  to  have  made  or  issued  the  same,  or 

unless  the  said  warrant,  concession,  grant,  or  order  of  survey  shall  have 

been  determined  by  the  said  court,  on  the  hearing  of  a  bill  of  review, 

to  be  genuine. 

Entries,  pa-     SEC.  4.  And  be  it  further  [enacted,]  That  no  entry,  survey,  or  patent, 
tents,  &c.,  not  to  shall,  at  any  time  hereafter,  be  made  or  issued  under  the  said  act,  ex- 
be  made,  except,  cept  jn  ^e  name  of  the  original  party  to  any  such  decree,  and  on  proof 
to  the  satisfaction  of  the  officers,  respectively,  that  the  party  applying 
is  such  original  party,  or  is  duly  authorized  by  such  original  party,  or 
his  heirs,  to  make,  receive,  or  require  such  entry,  patent,  or  survey,  (a) 
In  case  of  re-      SEC.  5.  And  be  it  further  enacted,  That,  in  all  cases  in  which  the  said 
versal,  &c..  lands  COUrt  shall,  by  decree  or  adjudication,  under  this  act,  review  and  annul 
sale  &c  any  Prior  decree  or  adjudication  therein,  any  lands  which  may  have 

been  heretofore  entered,  under  any  such  prior  decree  or  adjudication, 
shall,  thereafter,  be  subject  to  sale  or  entry  as  other  public  lands  of  the 
United  States  may  be.  (6) 

President  o  f  SEC.  6.  And  be  it  further  enacted,  That  the  President  of  the  United 
United  States  au- States  is  hereby  authorized  to  employ,  on  behalf  of  the  United  States, 
thorized  to  em-  8UCa  counsel  on  their  part,  in  the  Territory  of  Arkansas,  or  elsewhere, 
counsel  to  be  associated  for  that  purpose  with  the  district  attorney  of  the  same 

Territory,  as  he  may  deem  the  interests  of  the  United  States  may  re- 
quire, in  the  prosecution  of  such  bills  of  review  before  the  said  court. 
Appeal  to  the     SEC.  7.  And  be  it  further  enacted,  That,  in  all  cases,  the  party  against 
^f° United St' t,111^  w^orn  *ne  judgment  or  decree  of  the  said  court  may  be  finally  given, 
>s'  shall  be  entitled  to  an  appeal,  within  one  year  from  the  time  of  its 
rendition,  to  the  Supreme  Court  of  the  United  States,  which  Court  shall 
have  power  to  review  the  decision  of  the  court  below,  both  on  the  law 
and  the  facts ;  and  the  court  in  Arkansas  be,  and  the  same  is  hereby 
Grounds  of  ap-  required  to  spread  upon  the  record  the  whole  testimony,  together  with 
peal-  the  reasons  for  their  decision  in  each  case,  and  to  transmit  to  the  Su- 

preme Court  of  the  United  States  the  same,  together  with  the  original 
warrant,  concession,  grant,  order  of  survey,  or  other  evidence  of 
title,  (a) 


ARKANSAS.  495 


SEC.  8.  And  be  it  further  enacted,  That  each  of  the  judges  of  the  su-     Extra  compen- 
reme  court  of  the  Territ 
of  their  duties  imposed  b;; 


preme  court  of  the  Territory  of  Arkansas  shall,  while  in  the  discharge  £^i.on  to  Judges, 

1  by  this  act,  be  allowed  at  the  rate  of  eight  hun-  ** 
dred  dollars  per  annum,  in  addition  to  their  salary  as  judges  of  the  su- 

. • A      t>  j_i     _      m fj _    _  J*      A  __1 t    •     i  i        11      i  •    _      j?_ll    J? 


perior  court  tor  the  Territory  of  Arkansas,  which  shall  be  in  full  for   Appropriations, 
their  services,  to  be  paid  out  of  any  money  in  the  Treasury,  not  other- 
wise appropriated. 

(a)  See  Nos.  974, 998, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1187, 1192, 1223, 1233, 1241. 
(&)  See  Nos.  421, 1160, 1200, 1230, 1236, 1245, 1255, 1258, 1261. 


No.  1  179.— AN  ACT  to  authorize  the  selection  of  certain  school  lands  in  the  Terri-     May  29, 1830. 
tory  of  Arkansas.  Vol.  4,  p.  418. 


Be  it  enacted,  tyc.,  That,  wherever  the  sixteenth  sections  in  said  Terri-     In  certain  case, 
tory,  either  in  whole,  or  in  part,  are  now,  or  may  hereafter  be,  included  other  lands  than 
in  private  claims  held  by  titles  confirmed,  or  legally  decided  to  be  valid tne  l^  sections 
and  sufficient,  other  lands  equivalent  thereto  and  most  convenient  to  may 
the  same,  may  be  selected  in  lieu  thereof,  under  the  direction  of  the 
Secretary  of  the  Treasury  ;  and  the  lands  so  selected  shall  be  entered  in 
the  office  of  the  register  of  the  land  district  in  which  they  may  lie,  and 
be,  by  such  register,  reported  to  the  Commissioner  of  the  General  Land 
Office,  as  school  lands  selected  under  this  act :  Provided,  That,  before 
making  any  entry  of  such  other  lands,  the  case  shall  be  made  out  to  the 
satisfaction  of  the  register  and  receiver  of  said  district,  agreeably  to 
rules  to  be  prescribed  by  the  Commissioner  of  the  General  Land  Office, 
for  that  purpose,  showing  that  the  sixteenth  section,  or  a  part  thereof, 
has  been  included  in  the  manner  above  mentioned,  (a) 

(a)  See  Nos.  418,  989,  1175,  1199,  1203,  1204,  1219,  1227,  1229,  1237. 


No.   1180.— AN  ACT  to  provide  for  surveying  certain  lands  in  the  Territory  of     May  29,  1830. 

Arkansas.  Vol.  4,  p.  418. 

Be  it  enacted,  <fc.,  That  the  surveyor-general  of  the  fetates  of  Illinois,  Allowance  of 
Missouri,  and  Territory  of  Arkansas,  be,  and  he  is  hereby,  authorized  to  fo.ur  dollars  per 
contract  for,  and  pay,  at  the  rate  of  four  dollars  per  mile,  for  the  survey-  1'  ' 

ing  of  such  of  the  public  lands  in  the  Territory  of  Arkansas,  which  lie  on 
the  rivers,  and  are  so  thickly  covered  with  cane,  that  contracts  for  ex- 
ecuting the  surveys  thereof,  by  suitable  persons,  cannot  be  made  at  the 
existing  price :  Provided,  That  said  surveyor-general  shall  certify  to  the 
Commissioner  of  the  General  Land  Office,  from  time  to  time,  the  quan- 
tity of  land,  for  the  surveying  of  which,  the  additional  compensation 
allowed  by  this  act  shall  be  contracted  for,  and  the  reasons,  in  his  opin- 
ion requiring  the  increased  allowance,  (a) 

(a)  See  No.  1189. 


No.  1181.— AN  ACT  to  extend  the  time  for  entering  certain  donation  claims  to     Jan.  27,  1831. 
land  in  the  Territory  of  Arkansas.  Vol.  4,  p.  434. 

Be  it  enacted  #c.,  That  the  provisions  of  the  eighth  and  ninth  sections    Certain  provi- 
of  the  act  of  Congress,  approved  twenty-fourth  day  of  May,  one  thou-  sions    continued, 
sand  eight  hundred  and  twenty-eight,  entitled  "An  act  to  aid  the  State  in  force  for  two 
of  Ohio  in  extending  the  Miami  Canal  from  Dayton  to  Lake  Erie,  and  to  aTJgsi 
grant  a  quantity  of  land  to  said  State  to  aid  in  the  construction  of  the     ' 
canals  authorized  by  law,  and  for  making  donations  of  land  to  certain 
persons  in  Arkansas  Territory ;  "  and  the  provisions  of  the  act  entitled 
"An  act  restricting  the  location  of  certain  land  claims  in  the  Territory 
of  Arkansas,  and  for  other  purposes,"  approved  sixth  January,  one  thou- 
sand eight  hundred  and  twenty-nine ;  and,  also,  the  provisions  of  the 
act,  entitled  "An  act  to  extend  the  time  for  locating  certain  donations 
in  Arkansas,"  approved  thirteenth  January,  one  thousand  eight  hun- 
dred and  thirty,  be,  and  the  same  are  hereby,  continued  in  force  for  the 
period  of  two  years,  from  the  twenty-fourth  May,  one  thousand  eight 
hundred  and  thirty-one  :  Provided,  That  nothing  in  this  act,  or  the  fore-    Proviso, 
going  acts,  shall  be  so  construed  as  to  prevent  the  President  of  the 
United  States  from  bringing  the  said  lands  in  Arkansas  into  market 
under  the  existing  laws ;  and  all  claims  to  donations  under  the  before- 
recited  act,  which  shall  not  have  been  presented  and  allowed  by  the 


496  ARKANSAS. 

proper  authorities  on  or  before  the  day  which  shall  be  fixed  on  by  the 
President  for  the  sale  of  said  land,  are  hereby  declared  forfeited  to  the 
United  States,  (a) 

(a)  See  Nos.  1173, 1174, 1176, 1195,  1201, 1230, 1243. 


Feb.  10,  1831.     No.  1182.— A  PROCLAMATION  by  the  President  of  the  United  States  ordering 
Vol.  11,  p.  770.  persons  to  remove  from  public  lands  in  Arkansas. 


Preamble.  Whereas  information  has  been  transmitted  to  the  President  of  the 

United  States,  by  the  governor  of  the  Territory  of  Arkansas,  that  cer- 
tain persons  pretending  to  act  under  the  authority  of  the  Mexican  Gov- 
ernment, and  without  any  lawful  right  or  power  derived  from  that  of 
the  United  States,  have  attempted  to,  and  do  survey,  for  sale  and  set- 
tlement, a  portion  of  the  public  lands  in  said  Territory,  and  particularly 
in  the  counties  of  Lafayette,  Sevier,  and  Miller,  and  have  presumed  to, 
and  do  administer  to  the  citizens  residing  in  said  counties,  the  oath  of 
allegiance  to  the  said  Mexican  Government :  and  whereas  such  acts  and 
practices  are  contrary  to  the  law  of  the  laud,  and  the  provisions  of  the 
act  of  Congress  approved  the  third  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seven,  and  are  offences  against 
the  peace  and  public  tranquility  of  the  said  Territory,  and  the  inhabit- 
ants thereof : — 

Ordering  per-  Now,  therefore,  be  it  known  that  I,  Andrew  Jackson,  President  of 
sons  to  remove  foe  United  States,  by  virtue  of  the  power  and  authority  vested  in  mef 
lands  in6  Arkan°  *n  an<^  ^v  *ne  sa^  ac^i  °^  Congress,  do  issue  this  my  proclamation,  corn- 
eas, manding  and  strictly  enjoining  all  persons  who  have  unlawfully  en- 
tered upon,  taken  possession  of,  or  made  any  settlement  on  the  public 
lands,  in  the  said  counties  of  Lafayette,  Sevier,  or  Miller,  or  who  may 
be  in  the  unlawful  occupation  or  possession  of  the  same  or  any  part 
thereof,  forthwith  to  depart  and  remove  therefrom :  and  I  do  hereby 
command  and  require  the  marshal  of  the  said  Territory  of  Arkansas,  or 
other  officer  or  officers  acting  as  such  marshal,  from  and  after  the  fifteenth 
day  of  April,  next,  to  remove  or  cause  to  be  removed,  all  persons  who 
may  then  unlawfully  be  upon,  in  possession  of,  or  who  may  unlawfully 
occupy  any  of  the  public  lands  in  the  said  counties  of  Lafayette,  Sevier,, 
or  Miller,  or  who  may  be  surveying  or  attempting  to  survey  the  same, 
without  any  authority  therefor  from  the  Government  of  the  United 
States:  and  to  execute  and  carry  into  effect  this  proclamation.  I  do 
hereby  authorize  the  employment  of  such  military  force  as  may  be 
necessary,  pursuant  to  the  act  of  Congress  aforesaid,  and  warn  all  offend- 
ers in  the  premises,  that  they  will  be  prosecuted  and  punished,  in  such 
other  way  and  manner  as  may  be  consistent  with  the  provisions  and 
requisitions  of  the  law  in  such  case  made  and  provided. 

Done  at  the  city  of  Washington,  this  tenth  day  of  February,  A.  D. 
1831,  and  of  the  Independence  of  the  United  States"  of  America  the  fifty- 
fifth. 

ANDREW  JACKSON. 


March  2, 1831.    No.  1183.— AX  ACT  granting  a  quantity  of  land  to  the  Territory  of  Arkansas  for 
the  erection  of  a  public  building  at  the  seat  of  government  of  said  Territory. 


VoL  4,  p.  473. 


Ten  sect  i  on  s     Be  it  enacted,  #c.,  That  the  legislature  of  the  Territory  of  Arkansas  be, 
granted.  and  they  are  hereby  authorized  to  select,  or  cause  to  be  selected,  a  quan- 

tity of  the  unappropriated  public  lands  in  the  Territory  of  Arkansas, 
not  exceeding  ten  sections,  and  in  portions  not  less  than  one  quarter- 
section,  which  is  hereby  granted  to  said  Territory,  for  the  purpose  of 
raising  a  fund  for  the  erection  of  a  public  building  at  Little  Rock,  the 
seat  of  government  of  said  Territory. 

Authority  to      SEC.  2.  And  be  it  further  enacted,  That  the  legislature  of  said  Terri- 
86U.  tory  be,  and  they  are  hereby  authorized  to  adopt  such  measures  for  the 

sale  of  said  tract  of  land,  or  any  part  thereof,  at  such  times  and  manner, 
and  convey  the  same  by  such  deeds,  as  they  shall  deem  expedient;  and 
upon  the  presentation  of  such  deeds  of  conveyance,  as  shall  be  adopted 
by  said  legislature  and  given  to  the  purchasers,  to  the  Commissioner  of 
the  General  Land  Office,  it  shall  be  the  duty  of  the  President  to  issue 
patents  to  the  purchasers,  as  in  other  cases,  (a) 

(a)  See  Nos.  1193, 1204, 1206. 


ARKANSAS.  497 

No.  1 184.— AN  ACT  for  the  benefit  of  Percis  Lovely,  and  for  other  purposes.         March  3, 1831 
Be  it  enacted,  #c.,  That  the  tract  of  land  not  exceeding  one  half-sec- 


tion, including  the  present  residence  of  Mrs.  Percis  Lovely,  in  Pope     Certain   land 

County,  in  the  Territory  of  Arkansas,  shall  be  reserved  by  the  President  se' 

of  the  United  States  from  public  sale,  during  the  life-time  of  said  Percis, 

and  that  she  shall  have  the  entire  use  and  privilege  of,  and  possession 

of  the  said  half-section  of  land,  for  and  during  her  life:  Provided,  That    Proviso. 

the  said  Percis  Lovely,  shall  not  commit,  or  permit  any  other  person  to 

commit,  on  said  land,  any  voluntary  waste. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  Secretary  of  the  Treasury     Payment    for 
pay  unto  the  said  Percis  Lovely  or  her  legal  representative,  out  of  any  certain  improve- 
money  in  the  Treasury  of  the  United  States  not  otherwise  appropriated,  m'       ' 
a  sum  equal  to  that  for  which  her  improvements  upon  the  land  secured 
to  her  by  the  treaty  at  Hiawassee,  in  one  thousand  eight  hundred  and 
seventeen,  for  life,  were  valued,  and  which  improvements  and  land  were 
taken  from  her  by  the  treaty  at  Washington,  of  one  thousand  eight 
hundred  and  twenty-eight,  with  the  Cherokee  Indians :  Provided,  That     Proviso, 
before  the  money  shall  be  paid  the  said  Percis  Lovely,  she  shall  produce 
to  the  Treasury  Department  satisfactory  evidence  that  the  said  sum  of 
money  has  not  been  heretofore  paid  her  by  the  Government  of  the 
United  States,  through  the  Indian  Department :   And,  provided,  also,     Proviso. 
That  the  half-section  granted  by  this  act,  shall  not  interfere  with,  or 
include  any  lands  lying  within  the  limits  of  any  reservation  made  by 
the  last  named  treaty,  made  at  Washington  as  aforesaid,  in  the  year 
eighteen  hundred  and  twenty-eight. 


No.  1185.- AN  ACT  for  the  relief  of  Thomas  Dennis,  and  the  legal  representatives   March  31, 1832. 
of  Asa  Hartfield.  Vol.  6,  p.  483. 


SEC.  2.  And  le  it  further  enacted,  That  Asa  Hartfield,  his  assignee  or    Asa  Hartfield 
legal  representative  be,  and  he  is  hereby  authorized  to  surrender  theaut'bor,lzed  *° 
patent  granted  to  said  Asa  Hartfield,  bearing  date  the  first  of  December  SSJ&c. 
eighteen  hundred  and  thirty,  for  the  southeast  fractional  quarter  of  sec- 
tion seven,  and  the  northwest  fractional  quarter  of  section  eight,  north 
of  the  Arkansas  River,  in  township  seven  south  of  range  five  west, 
containing  ninety-two  acres,  and  eighty-two  hundredths  of  an  acre: 
and  to  locate  in  lieu  of  it,  the  northeast  quarter  of  section  seven,  and 
the  northwest  quarter  of  section  eight  on  the  south  side  of  the  Arkansas 
River.    The  said  location  having  been  made  by  the  mistake  of  the 
register  of  the  land  office  at  Little  Rock  in  said  Territory  of  Arkansas,  (a) 

(a)  See  No.  1198. 

No.  1186.— AN  ACT  authorizing  the  governor  of  the  Territory  of  Arkansas  to    April  20, 1832. 
lease  the  salt  springs,  in  said  Territory,  and  for  other  purposes.  Vol.  4,  p.  505. 


Be  it  enacted,  <fc.,  That  the  salt  springs  lying  on  the  Washita  River,     Salt     springs, 
on  Little  River,  and  on  Saline  Creek,  in  said  Territory  of  Arkansas,  to-  &c.,  reserved 
gether  with  as  many  contiguous  sections  to  each  of  said  springs  as  shall from  saie- 
be  equal  to  one  township,  and  every  other  salt  spring  which  may  be  dis- 
covered in  said  Territory,  with  the  section  of  one  mile  square  which  in- 
cludes it,  shall  be  reserved  for  the  future  disposal  of  the  United  States, 
and  shall  not  be  liable  to  be  entered,  located,  or  appropriated  for  any 
other  purpose  whatever. 

SEC.  2.  And  be  it  further  enacted,  That  the  governor  of  said  Territory    Governor    au- 
shall  be,  and  is  hereby,  authorized  to  let  out  or  lease  said  springs,  for  a  thonzed 
term  not  exceeding  five  years ;  and  the  rents  and  profits  arising  from 
said  springs  shall  be  applied,  by  the  legislature  of  said  Territory,  to 
the  opening  and  improving  such  roads  in  said  Territory,  as  said  legisla- 
ture may  direct,  and  to  no  other  purpose  whatever,  (a) 

SEC.  3.  And  le  it  further  enacted,  That  the  hot  springs  in  said  Terri-     Hot  springe  re- 
tory,  together  with  lour  sections  of  land  including  said  springs,  as  near  8e 
the  centre  thereof  as  may  be,  shall  be  reserved  for  the  future  disposal 
of  the  United  States,  and  shall  not  be  entered,  located,  or  appropriated, 
for  any  other  purpose  whatever.  (&) 

(a)  See  Nos.  989, 1203, 1204, 1238. 

(6)  See  Nos.  1253, 1258, 1259, 1260, 1262, 1263. 

32  L  O — VOL  II 


498 


ARKANSAS. 


April  20,  1832.  No.  1 187.— AN  ACT  providing  for  the  postponement  of  the  trial  of  certain  cases 
Vol.  4,  p.  506.  now  pending  in  the  superior  courts  of  Arkansas  Territory,  and  for  withholding 
from  sale  or  entry  certain  lands  in  said  Territory. 


Proviso. 


District  attor-      Be  it  enacted,  $-c.,  That  the  district  attorney  of  the  United  States  for 
ney     authorized  the  Territory  or  Arkansas  be,  and  he  is  hereby,  authorized   and  re- 
tosuspend  pro-  quired  to  postpone  until  after  the  expiration  of  the  next  session  of  the 
Supreme  Court  of  the  United  States,  all  further  proceedings  in  any  case 
which  has  been  tried,  or  now  is  pending  for  trial,  in  the  superior  court 
of  the  Territory  of  Arkansas,  upon  which  bills  of  review  have  been 
tiled  in  said  superior  court  on  the  part  of  the  United  States,  under  the 
provisions  of  an  act,  passed  May  the  eighth,  one  thousand  eight  hundred 
and  thirty,  entitled  "An  act  for  further  extending  the  powers  of  the 
judges  of  the  superior  court  of  the  Territory  of  Arkansas,  under  the 
act  of  the  twenty-sixth  day  of  May,  one  thousand  eight  hundred  and 
twenty-four,  and  for  other  purposes."     Provided,  hoivever,  That  nothing 
in  this  act  shall  be  applicable  to  any  of  the  aforesaid  cases  now  pend- 
ing for  trial  on  appeals  in  the  Supreme  Court  of  the  United  States: 
Proviso.  And  provided  aUo,  That  nothing  herein  contained  shall  prejudice  the 

rights  of  any  of  the  parties:  Provided,  also,  That  no  extra  compensa- 
tion shall  be  allowed  said  judges  until  after  the  termination  of  the 
next  term  of  the  Supreme  Court  of  the  United  States,  after  which  the 
judges  shall  proceed  to  dispose  of  said  cases  under  the  provisions  of  said 
acts,  and  then  be  allowed  the  additional  compensation  from  said  time, 
until  the  cases  are  disposed  of,  or  tried,  by  the  said  courts  of  Arkansas. 
Lands    to    be     SEC.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
withheld  from  gtates  shall  cauge  all  the  Iand8>  th(?  titleg  to  which  are  involved  in,  or 

dependent  upon,  the  trial  of  said  bills  of  review,  which  are  claimed  by 

Surcbasers  after  the  rendition  of  the  original  judgment,  to  be  with- 
eld  from  sale  until  the  further  order  of  Congress,  (a) 
(a)  See  Nos.  974,  908, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1178, 1192, 1223, 1233, 1241. 


May  31,  1832. 
Vol.  6,  p.  493. 


No.  1188.-AN  ACT  for  the  relief  of  Thomas  and  James  MassingilL 

Be  it  enacted,  $-c  ,  That  the  register  and  receiver  of  the  land  office  at 

Claim  to  be  Little  Rock,  in  the  Arkansas  Territory,  be,  and  they  are  hereby,  au- 
reconsidered,  &c.  thorized  to  reconsider,  hear,  and  determine  the  claim  of  Thomas  and 
James  Massingill,  assignees  of  Thomas  Morrow,  for  a  donation  of  three 
hundred  and  twenty  acres  of  land,  under  and  by  virtue  of  the  act  of 
Congress,  approved  the  twenty-fourth  [eighth]  May,  one  thousand 
eight  hundred  and  thirty ;  upon  such  proof  as  has,  or  may  hereafter  be 
adduced  to  them  in  support  of  the  claim,  dispensing  with  the  affidavit 
of  the  said  Thomas  Morrow,  the  original  claimant ;  and  if,  in  their 
opinion,  the  said  Thomas  and  James  Massingill  shall  establish  the  right 
of  the  said  Thomas  Morrow,  to  a  donation  under  the  before-mentioned 
act,  of  three  hundred  and  twenty  acres  of  land,  by  other  testimony 
than  the  affidavit  of  the  said  Morrow,  the  register  and  receiver  shall 
award  to  the  said  Massingill,  their  heirs  or  assigns,  the  right  to  enter 
the  said  three  hundred  and  twenty  acres  or  land,  according  to  the  pro- 
visions of  the  act  aforesaid. 


June  15,  1832.    No.  1189.— AN  ACT  to  create  the  office  of  surveyor  of  public  lands  for  the  Ter- 
Vol.  4,  p.  531.  ritory  of  Arkansas. 

"~  Duties.  Be  it  enacted,  #c.,  That  a  surveyor  for  the  Territory  of  Arkansas  shall 

be  appointed,  who  shall  have  the  same  authority,  and  perform  the  same 
duties  respecting  the  public  lands  and  private  land  claims  in  the  Ter- 
ritory of  Arkansas  as  are  now  vested  in,  and  required  of,  the  surveyor 
of  the  lands  of  the  United  States  in  Missouri  and  Illinois. 
Maps,   papers,      SEC.  2.  Andbe  it  further  enacted,  That  it  shall  be  the  duty  of  the  survey  or 

&c.,  relating  to  for  Missouri  and  Illinois  to  deliver  to  the  surveyor  for  the  Territory  of 
Arkan8as,  all  the  maps,  papers,  records,  and  documents  relating  to  the 
"  public  lands  and  private  land  claims  in  Arkansas,  which  may  be  in  his 
office ;  and  in  every  case  where  it  shall  be  impracticable  to  make  a  sepa- 
ration of  such  maps,  papers,  records,  and  documents,  without  injury,  it 
shall  be  his  duty  to  cause  copies  thereof,  certified  by  him,  to  be  furnished 
to  the  surveyor  of  Arkansas,  which  copies  shall  be  of  the  same  validity 
as  the  originals. 


ARKANSAS.  499 

SEC.  8.  And  be  it  further  enacted,  That  the  surveyor  of  Arkansas,  to     Location  of 
be  appointed  in  pursuance  of  this  act,  shall  establish  his  office  at  such  omce- 
place  as  the  President  of  the  United  States  may  deem  most  expedient 
for  the  public  service,  and  that  he  shall  be  allowed  an  annual  salary  of 
fifteen  hundred  dollars,  and  that  he  be  authorized  to  employ  one  skilful  draughtsman 
draughtsman  and  two  clerks,  whose  aggregate  compensation  shall  not  and  clerk, 
•exceed  eighteen  hundred  dollars  per  annum.  («) 

(a)  See  No.  1180. 

No.  1190.— AN  ACT  granting  to  the  Territory  of  Arkansas  one  thousand  acres     June  15,  1832. 
of  land,  for  the  erection  of  a  court-house  and  jail  at  Little  Rock.  Vol.  4,  p.  531. 


Be  it  enacted,  $c.,  That  there  be  granted  to  the  Territory  of  Arkansas,     Land  to  be  se- 
a  quantity  of  land  not  exceeding  one  thousand  acres,  contiguous  to,  and  lected    by    gov- 
adjoining  the  town  of  Little  Rock,  for  the  erection  of  a  court-house  and  ernor- 
jail  in  said  town  ;  which  lands  shall  be  selected  by  the  governor  of  the 
Territory  by  legal  subdivisions,  and  disposed  of  in  such  manner  as  the 
legislature  may  by  law  direct ;  and  the  •  proceeds  of  the  lands  so  dis- 
posed of,  shall  be  applied  towards  building  a  court-house  and  jail  in 
said  town  of,  Little  Rock  ;  and  the  surplus,  if  any,  may  be  applied  to 
such  other  objects   as  the  legislature  of   said  Territory  may  deem 
proper,  (a) 

(a)  See  Nos.  1197,  1211. 

No.  1191.— AN  ACT  establishing  land  districts  in  the  Territory  of  Arkansas.         June  25, 1832. 
Be  it  enacted,  $-c.,  That  there  shall  be  four  land  districts  in  the  Terri- 


tory of  Arkansas,  to  be  called  as  follows,  viz :  the  Arkansas  land  dis-     Four  land.  dis- 

trict,  the  White  River  land  district,  the  Red  River  land  district,  and  the  }^  the^Terrftorv 

Fayetteville  land  district ;    and  each  of  the  aforesaid  land  districts  Of  Arkansas. 

shall  be  bounded  as  follows,  to  wit:  The  Arkansas  land  district  shall     Name     and 

include  all  the  country  embraced  within  the  following  boundaries :  boundaries. 

beginning  on  the  west  bank  of  the  Mississippi  River,  at  the  mouth  of  the 

St.  Francis  River,  and  running  thence  due  west  with  the  base  line  to  the 

northeast  corner  of  range  six,  township  one  north  and  south  of  said 

base  line ;  thence,  due  north  with  the  dividing  line  between  ranges  five 

and  six,  to  the  northeast  corner  of  township  seven,  north  of  said  base 

line ;  thence,  due  west  with  the  dividing  line  between  townships  seven 

and  eight,  to  the  northwest  corner  of  range  seventeen;  and  thence,  due 

south  with  the  dividing  line  between  ranges  seventeen  and  eighteen,  to 

the  Mississippi  River.    The  White  River  district  shall  include  all  the 

country  south  of  Missouri,  which  is  not  included  in  the  Arkansas  land 

district  above  described,  and  east  of  the  dividing  line  between  ranges 

seventeen  and  eighteen,  as  extended  from  the  northwest  corner  of  the 

said  Arkansas  land  district,  to  the  State  of  Missouri.    The  RedRivor 

land  district  shall  include  all  the  country  in  Arkansas  lying  west  of  the 

Arkansas  land  district,  and  south  of  the  base  line.    The  Fayetteville 

land  district  shall  include  the  residue  of  the  Territory  of  Arkansas,  being 

all  the  country  lying  north  of  the  Red  River  district,  and  west  of  the 

Arkansas  and  White  River  districts. 

SEC.  2.  And  be  it  further  enacted,  That  the  land  office  for  the  Arkansas    Land    offices 
land  district  shall  be  at  Little  Rock ;  the  land  office  for  the  White  River  ?or  tff  .respect- 
district  shall  be  at  Batesville  ;  the  land  office  for  the  Red  River  district lv< 
shall  be  at  the  town  of  Washington :  and  the  land  office  for  the  Fay- 
etteville district  shall  be  at  Fayetteville. 

SEC.  3.  And  b&  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec-  Plats  of  sur- 
retary  of  the  Treasury,  as  soon  as  the  same  can  be  done,  to  cause  the  veys  to  be  de- 
proper  plats  of  the  surveys  to  be  deposited  in  the  proper  land  offices.  P°8:  fcedt  &c> 

SEC.  4.  And  be  it  further  enacted,  That  for  each  of  the  said  districts     Begisters   and 
created  by  this  act,  a  register  and  receiver  of  public  moneys  shall  be  receivers  to   be 
appointed,  who  shall  give  security  in  the  same  manner,  and  whose  duties  aPP°u 
and  authorities  shall,  in  every  respect,  be  the  same,  in  relation  to  the 
lands  which  shall  be  disposed  of  at  their  offices,  as  are  by  law  provided 
in  relation  to  the  registers  and  receivers  of  public  moneys  in  the  several 
offices  established  for  the  sale  of  the  public  lands,  (a) 

(a)  See  Nos.  1156,  1157,  1158,  1166,  1200,  1209,  1234,  1254. 


500  ARKANSAS. 

June  25, 18132.     No.  1 192.—  AX  ACT  to  confirm  certain  claims  to  land  in  the  Territory  of  Arkansas. 
VoL  6,  p.  498.        Be  it  ena(.ted,  $c.,  That  the  second,  third,  and  fourth  sections  of  the 
Part  of  act  ot  act,  approved  eighth  May,  one  thousand  eight  hundred  and  thirty,  enti- 
May  8,  1830,  re-  tied  "An  act  for  further  extending  the  powers  of  the  judges  of  the 
pealed  so  far  as  SUperior  court  of  the  Territory  of  Arkansas,  under  the  act  of  the  twenty- 
to  be  made  am!  sixth  dav  of  Mav'  one  thousand  eight  hundred  and  twenty -four,  and 
patents  issued  to  for  other  purposes,"  be,  and  the  same  are  hereby  repealed,  so  far  as  to 
certain  persons,    allow  entries  to  be  made  and  patents  to  be  issued,  to  the  following  per- 
sons, for  the  number  of  arpens  of  land  respectively  affixed  to  the  name 
of  each,  in  the  same  manner  as  though  the  said  act  had  never  passed, 
viz: 

To  John  Battiste  Billiette,  four  hundred  arpens.  To  Stephen  Vau- 
gine,  four  hundred  arpens.  To  Harrold  Still  well,  three  hundred  and 
twenty  arpens.  To  Crittenden,  Sevier,  and  Searcy,  assignees  of  Ger- 
man Charbenau,  three  hundred  and  twenty  arpens.  To  A.  H.  Sevier, 
four  hundred  arpens.  To  Looney  Price,  three  hundred  and  twenty  ar- 
pens. To  Charles  Refeld,  four  hundred  arpens.  To  A.  H.  Sevier,  as- 
signee of  Solomon  Bodwell,  four  hundred  and  forty  arpens.  To  An- 
toine  Beuuvois,  four  hundred  and  forty  arpeus.  To  "Louis  Placide,  six 
hundred  arpens.  To  John  Still  well,  six  hundred  and  forty  arpens.  To 
Noah  Wall,  six  hundred  and  forty  arpens.  To  Athanasse  Racine,  one 
hundred  and  sixty  arpens.  To  Sylvanus  Phillips,  eight  hundred  arpens^ 
To  James  Scull,  four  hundred  and  eighty  arpens.  To  Don  Francis 
Vaugine,  eight  hundred  arpens.  To  James  Scull,  three  hundred  and 
twenty  arpens.  To  Francis  Vaugine,  eight  hundred  arpens.  To  Ter- 
rence  *Farrelly  and  Mary  his  wife,  assignees  of  John  Lavergne,  four 
hundred  arpens.  To  Nathaniel  Bassett,  six  hundred  and  forty  arpens. 
•  To  Joseph  Bogy,  three  hundred  and  twenty  arpens.  To  William  Web- 
ber, three  hundred  and  twenty  arpens.  To  Marie  Message,  three  hun- 
dred and  twenty  arpens.  To  William  Patterson,  three  hundred  and 
twenty  arpens.  To  James  Scull,  assignee  of  John  B.  Duchassin,  four 
hundred  and  eighty  arpens.  To  A.  H.  Sevier,  assignee  of  Sylvanus 
Phillips,  who  was  assignee  of  Peter  Edwards,  four  hundred  arpens.  To 
John  B.  Galliot,  one  hundred  and  sixty  arpens.  To  William  Russell, 
assignee  of  Sylvanus  Phillips,  assignee  of  Battiste  Socia,  six  hundred 
and  forty  arpens.  To  James  Scull,  assignee  of  La  Conrce,  one  hundred 
and  twenty  arpens.  To  James  Scull,  assignee  of  Michael  Gimblet,  two 
hundred  and  forty  arpens.  To  Charles  Refeld's  heirs,  eight  hundred 
arpens.  To  Joseph  Still  well's  heirs,  three  hundred  and  twenty  arpeus. 
To  John  Henry  Fooy,  three  hundred  and  twenty  arpens  (a) 

(a)  See  Xos.  974,  998, 1002, 1007, 1067, 1155, 1163, 1168, 1172, 1178, 1187, 1223, 1233, 1241. 


Jnlv  4  1832       Wo»  1193.— AN  ACT  to  authorize  the  governor  of  the  Territory  of  Arkansas  to  se- 
Vol.  4  'p.  563.         lec*  ten  sections  of  land,  granted  to  said  Territory  for  the  purpose  of  building  a 
legislative  house  for  said  Territory,  and  for  other  purposes. 


Governortose-  Be  it  enacted,  $c.,  That  all  the  authority  and  pewer  is  hereby  vested 
in,  and  given  to  the  governor  of  the  Territory  of  Arkansas,  which  was 
vested  in,  and  given  to  the  legislature  of  the  Territory  of  Arkansas,  by 
an  act  of  Congress  of  the  second  of  March,  one  thousand  eight  hundred 
and  thirty-one,  by  which  a  quantity  of  land  not  exceeding  ten  sections, 
was  granted  to  said  Territory  for  the  purpose  of  raising  a  fund  for  the 
erection  of  a  public  building  at  Little  Rock,  the  seat  of  government  of 
said  Territory. 

United    States      SEC.  2.  And  be  it  further  enacted,  That  nothing  herein  contained  shall 
not  liable  for  ex-  jje  8O  construed  as  authorizing  any  expense  on  the  part  of  the  United 
c*11       ^^  States  for  selecting  said  lands,  or  building  said  house,  other  than  the 
aforesaid  grant  of  ten  sections  of  the  unappropriated  public  lands,  (a) 
(a)  See  Xos.  1183, 1204, 1206. 


July  9,  1832.         No.  1 194.— AJN  ACT  for  the  final  adjustment  of  private  land  claims  in  Missouri. 
VoL  4,  p.  565.  ****** 

Heirs  of  Carlos      SEO.  5.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  heirs 
de  Villemontof  Carlos  de  Villemont  to  submit  the  evidence  of  their  claim  to  a  tract 
may  submit  evi-  of  land  in  Arkansas  Territory,  to  a  place  called  "  Chi  cot  Point,"  to  the 
'     said  recorder  and  commissioners,  and  it  shall  be  the  duty  of  said  re- 
Report    there-  corder  and  commissioners  to  report  upon  said  claim  in  the  manner  that 
°n.  other  claims  provided  for  in  this  act  are  to  be  reported  and  proceeded 

upon. 


ARKANSAS. 


501 


W 


1195.—  AN  ACT  further  to  extend  the  time  for  entering  certain  donation 
claims  to  land  in  the  Territory  of  Arkansas. 


Feb.  20, 1833. 
Vol.  4,  p.  619. 

Time  for  en- 
donation 
land 


Be  it  enacted,  <$-c.,  That  the  provisions  of  the  eighth  and  ninth  sections 
of  the  act  of  Congress,  approved  the  twenty- fourth  day  of  May,  one  tering  d 
thousand  eight  hundred  and  twenty-eight,  entitled  "An  act  to  aid  the  extended 
State  of  Ohio  in  extending  the  Miami  canal  from  Dayton  to  Lake  Erie, 
and  to  grant  a  quantity  of  land  to  said  State  to  aid  in  the  construction 
of  canals  authorized  by  law,  and  for  making  donations  of  land  to  cer- 
tain persons  in  Arkansas  Territory,"  and  the  provisions  of  the  act,  en- 
titled "  An  act  restricting  the  location  of  certain  land  claims  in  the  Ter- 
ritory of  Arkansas,  and  for  other  purposes,"  approved  the  sixth  of  Jan- 
nary,  one  thousand  eight  hundred  and  twenty- nine  ;  and,  also,  the  pro- 
visions of  an  act,  entitled  "  An  act  to  extend  the  time  for  locating  cer- 
tain donations  in  Arkansas,"  approved  the  thirteenth  January,  one 
thousand  eight  hundred  and  thirty,  be,  and  the  same  are  hereby,  con- 
tinued in  force  for  the  term  of  five  years,  from  the  twenty- fourth  day 
of  May,  one  thousand  eight  hundred  and  thirty-three :  Provided,  That  Proviso, 
nothing  in  this  act,  or  the  foregoing  acts,  shall  bo  so  construed  as  to 
prevent  the  President  of  the  United  States  from  bringing  the  said  lands 
in  Arkansas  into  market  under  the  existing  laws ;  and  all  claims  to  do- 
nations under  the  before-recited  act,  which  shall  not  have  been  pre- 
sented and  allowed  by  the  proper  authorities  on  or  before  the  day 
which  shall  be  fixed  on  by  the  President  for  the  sale  of  said  land,  are 
hereby  declared  forfeited  to  the  United  States,  (a) 

(a)  See  Nos.  1173, 1174, 1176, 1181, 1201, 1230, 1243. 


No.  1 196.— AN  A.CT  supplementary  to  an  act,  entitled  "  An  act  concerning  a  sem-     March  2, 1833. 
inary  of  learning  in  the  Territory  of  Arkansas,"  approved  the  second  of  March,      Vol.4,  p.  661. 
eighteen  hundred  and  twenty-seven. 

Be  it  enacted,  <fc.,  That  the  governor  of  the  Territory  of  Arkansas     Governor  to  se- 
shall  select  twenty  of  the  sections  of  public  laud  reserved  by  the  act,  lect  twenty  sec- 
entitled  "  An  act  concerning  a  seminary  of  learning  in  the  Territory  of  tions,  and  to  sell 
Arkansas,"  approved  the  second  of  March,  eighteen  hundred  and  twenty- tn 
seven  ;  and,  after  advertising  and  proclaiming  them  for  sale  in  the  sev- 
eral newspapers  printed  in  Arkansas,  and  such  other  papers  as  he  may 
deem  expedient,  he  shall  proceed  to  sell  the  same  for  cash,  at  some  no- 
torious place  in  Little  Rock,  to  be  designated  in  said  advertisement,  to 
the  highest  bidder. 

SEC.  2.  And  le  it  further  enacted.  That  the  said  governor  shall  pro-     Quantities  and 
claim  and  sell  the  same  in  quantities  not  exceeding  one  half-section,  price, 
nor  shall  any  sale  be  made  for  a  price  less  than  one  dollar  and  twenty- 
five   cents  per  acre.      It  shall   be  the  duty  of  the  governor  to  give     Certificates  of 
to  the  purchaser  a  certificate  of  his  purchase ;  and  he  shall  also  make  a  purchase,  &c. 
return  to  the  register  and  receiver  of  the  land  office  at  Little  Rock,  of 
the  quantity  sold,  the  number  of  the  section,  range,  township,  and  such 
other  description  of  the  land  as  he  may  deem  necessary,  the  price  for 
which  each  parcel  sold,  and  to  whom  sold ;  and  he  shall  also  communicate 
to  the  legislature  of  the  Territory  of  Arkansas  a  duplicate  of  the  same, 
upon  which  a  patent  shall  issue \o  the  purchasers  as  in  other  cases  of 
sales  of  public  lands. 

SEC.  3.  And  ~be  it  further  enacted,  That  the  money  arising  from  the    Application  of 
sales  of  the  said  twenty  sections,  or  such  portions  of  them  as  may  be  proceeds,  &c. 
sold  from  time  to  time,  after  paying  the  reasonable  expenses  incurred 
in  making  the  selections  of  the  two  townships  under  the  before- recited 
act,  and  the  expenses  of  selling  the  same  under  this  act,  shall  be  applied 
to  the  erection  of  suitable  buildings  for  a  seminary  of  learning  at  such 
place  as  may  be  designated,  and  under  such  terms  and  conditions  as 
may  be  prescribed  by  the  legislature  of  Arkansas. 

SEC.  4.  And  le  it  further  enacted,  That  it  shall  be  the  duty  of  the  gov- 
ernor of  said  Territory  to  pay  the  net  proceeds  of  said  sales  into  the ' 
office  of  the  treasurer" of  said  Territory,  who  shall  be  responsible  for  the  ( 
same  as  other  public  moneys ;  and  who  shall  not  pay  out  the  whole,  or 
any  part  thereof,  for  any  other  objects  or  purposes  than  such  as  are  pro- 
vided for  by  the  act  of  the  second  of  March,  eighteen  hundred  and  twenty- 
seven,  to  which  this  is  a  supplement,  and  by  this  act,  and  in  obedience 
to  the  laws  of  the  legislature  of  said  Territory,  made  to  carry  into  effect 
the  provisions  of  this  act,  and  the  said  recited  act. 


Proceeds  to  be 


the  Territory. 


502  ARKANSAS. 

Governor  to  SEC.  5.  And  be  it  further  enacted,  That  the  governor  of  the  said  Terri- 
J5?un(j5emainder  tory  shall  be  authorized  to  lease,  for  a  term  not  exceeding  five  years,  at 
any  one  time,  the  remainder  of  the  two  townships  granted  by  the  said 
act,  and  to  apply  the  proceeds  arising  therefrom  to  the  purposes  afore- 
said; and  he  shall  render,  once  in  two  years,  an  account  of  the  same  to 
the  legislature  of  said  Territory,  and  pay  over  the  money  to  the  treas- 
urer of  said  Territory,  (a) 

(a)  See  Xos.  989, 1169, 1203, 1204, 1237. 


March  2, 1833.     No.  1197.— AX  ACT  to  authorize  the  governor  of  the  Territory  of  Arkansas  to 
VoL  4,  p.  667.         sell  the  land  granted  to  said  Territory  by  an  act  of  Congress  approved  the  fifteenth 
—     of  June,  one  thousand  eight  hundred  and  thirty-two,  and  for  other  purposes. 


Patent  for  one  Be  it  enacted,  $*c.,  That,  whenever  the  governor  of  the  Territory  of 
thousand  acres  Arkansas  shall  furnish  to  the  Secretary  of  the  Treasury  a  sufficient 
3'  description  of  the  boundaries  of  the  thousand  acres  of  land,  granted  by 
an  act  of  Congress  of  the  fifteenth  of  June,  one  thousand  eight  huu- 
dred  and  thirty- two,  to  the  Territory  of  Arkansas,  for  the  erection  of  a 
court-house  and  jail  in  the  town  of  Little  Rock,  in  the  Territory  afore- 
said, it  shall  be  the  duty  of  the  Secretary  of  the  Treasury  to  cause  a 
patent  to  be  issued  for  said  thousand  acres  of  land,  to  the  governor  of 
Arkansas,  and  his  successors  in  office,  in  trust,  for  the  benefit  of  the 
Territory  of  Arkansas,  for  the  purpose  of  erecting  a  court-house  and 
jail  at  Little  Rock. 

Part  of  kjd  to  gEC(  2.  And  be  it  further  enacted,  That  the  governor  of  the  said  Terri- 
townlots  and  to^01^  °^  Arkansas  be,  and  he  is  hereby,  fully  empowered  and  authorized 
be  sold.  to  lay  off  into  town  lots,  conforming,  as  near  as  practicable  to  the  pres- 

ent plan  of  the  town  of  Little  Rock,  so  much  of  said  grant  of  a  thou- 
sand acres  of  land  as  he  may  deem  advisable  so  to  be  appropriated  ;  and 
that  he  be  further  authorized  to  sell  the  same,  from  time  to  time,  as  the 
Residue  to  be  public  interest  may  require  ;  and  the  residue  of  said  grant,  which  may 
disposed    of    in  not  fce  ia\&  off  jnto  tOwn  lots  corresponding  with  the  plan  of  the  said 
afXr^uSicno' town  of  Little  Rock,  he  shall  be  authorized  to  dispose  of,  in  such  lots 
tice  of  sale.          or  parcels  as  he  may  deem  advisable  ;  but  in  no  case  shall  he  be  au- 
thorized to  sell,  unless  he  shall  give  public  notice  of  such  sale  by  an 
advertisement  in  one  or  more  newspapers  printed  in  the  Territory  of 
Arkansas ;  and  said  sale  shall  be  public  at  the  court-house  in  the  town 
of  Little  Rock. 

Squares  for  the     SEC.  3.  And  be  it  further  enacted,  That,  in   case  suitable  situations 
State-house,  and  cannot  be  had,  free  of  cost  to  the  Territory,  for  the  location  of  the 
court-house  and  State-house,  as  well  as  for  the  court-house  and  jail  in  the  town  of  Little 
Rock,  the  governor  aforesaid  shall  be,  and  he  is  hereby,  fully  author- 
ized to  select  and  lay  off  suitable  squares  for  each  of  those  buildings, 
within  the  addition  hereunto  authorized  to  be  added  to  the  town  of 
Little  Rock ;  and  that  the  squares  so  selected  and  laid  off  shall  be  ap- 
propriated to  the  use  of  the  respective  buildings  for  which  they  may  be 
designated,  and  for  no  other  purpose  whatsoever,  for  ever. 

Deeds  for  lots  SEC.  4.  And  be  it  further  enacted,  That  the  governor  shall  execute 
sold.  deeds  for  the  lots  he  may  sell  under  the  provisions  of  this  act,  to  pur- 

chasers, so  soon  as  the  purchasers  shall  pay  off  entirely  the  amount  they 
may  have  bid  for  any  lot  or  lots,  and  all  sales  shall  be  for  cash. 

Proceeds  to  be     SEC.  5.  And  be  it  further  enacted,  That  so  soon  as  the  governor  afore- 
applied  to  erec-  8aj<i  shall  dispose  of  lots,  he  shall  apply  the  proceeds  of  said  sales  to 
house°  and00'1^  *^e  erec^i°n  °^  a  g°O(l  an(l  substantial  court-house  and  jail ;  and,  after 
and    surplus   to  these  shall  have  been  completed,  should  there  be  any  funds  remaining, 
erection  of  gov-  it  shall  be  the  duty  of  said  governor,  to  apply  the  surplus  thus  reinain- 
ernor's  house.       jng  to  the  erection  of  a  suitable  and  permanent  house  for  the  residence 
of  the  present  and  future  governors  of  Arkansas,  during  their  continu- 
ance in  office,  (a) 
(a)  See  Nos.  1190, 1211. 

June  18, 1834.     nro.  11 98.— AX  ACT  for  the  relief  of  Asa  Hartfield,  his  assignee  or  legal  represen- 
VoL  6,  p.  562.  tative. 

May  surrender     Be  it  enacted,  #c.,  That  Asa  Hartfield,  his  assignee,  or  legal  represen- 

a  land  patent  and  tative,  be,  and  he  is  hereby,  authorized  to  surrender  the  patent  granted 

locate  other  land,  to  said  Asa  Hartfield,  bearing  date  the  first  day  of  December,  eighteen 

hundred  and  thirty,  for  the  northeast  fractional   quarter  of  section 

seven,  and  the  northwest  fractional  quarter  of  section  eight,  north  of 

the  Arkansas  River,  in  township  seven  south,  in  range  five  west,  con- 


ARKANSAS.  503 

taining  ninety-two  acres  and  eighty-two  hnndredths  of  an  acre ;  and 
to  locate,  in  lieu  of  it,  the  northeast  quarter  of  section  seven,  and  the 
northwest  quarter  of  section  eight,  on  the  south  side  of  the  Arkansas 
River.  The  said  location  having  been  made  by  the  mistake  of  the 
register  of  the  land  office  at  Little  Rock,  in  the  Territory  of  Arkan- 
sas, (a) 
(a)  See  No.  1185. 


No.  1 1 99.— AN  ACT  for  the  relief  of  the  town  of  Fayetteville,  in  the  Territory  of    June  26  1834 

Arkansas.  Yol.  4,  p.  685.' 

Whereas,  the  seat  of  justice  of  Washington  County,  in  the  Territory  preamble 
of  Arkansas,  was  located  and  called  Fayetteville  prior  to  the  public  sur- 
veys being  made,  and  when  the  lands  were  surveyed,  the  said  town  fell 
on  section  number  sixteen,  which,  by  law,  is  reserved  for  the  use  of 
schools;  and  whereas  the  said  town  is  situated  on  the  south  half  of 
the  northeast  quarter,  and  the  north  half  of  the  southeast  quarter,  of  sec- 
tion number  sixteen,  in  township  number  sixteen,  north  of  range  num- 
ber thirty,  west  of  the  fifth  principal  meridian,  therefore, — 

Be  it  enacted,  tyc.,  That  the  trustee  of  the  school  lands  in  and  for  town-     School  lands  to 
ship  number  sixteen,  north  of  range  thirty,  west  of  the  fifth  principal  be  set  apart  in 
meridian  in  the  Territory  of  Arkansas,  be,  and  he  is  hereby,  authorized  H6^    of    section 
to  select  and  have  set  apart  for  the  use  of  schools  in  said  township,  one  813 
entire  section  of  any  of  the  unimproved  lands  in  said  township  in  lieu 
of  section  number  sixteen ;  and  when  the  said  trustee  shall  make  his 
selection,  he  shall  file  the  same  in  the  office  of  the  register  of  the  Fay- 
etteville land  office,  and  the  land  so  selected  shall  be  reserved  from  sale, 
and  set  apart  for  the  use  of  schools;  and  that  section  number  sixteen, 
in  said  township,  shall  be  subject  to  sale  and  entry  as  other  public 
lands  now  are.  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  south  half  of  the  northeast    Lands  granted 
quarter,  and  the  north  half  of  the  southeast  quarter,  of  section  num-  in  trust  for  the 
ber  sixteen,  in  township  number  sixteen,  north  of  range  number  thirty, 
west  of  the  fifth  principal  meridian,  in  the  Territory  of  Arkansas,  be, 
and  is  hereby,  granted  to  Lewis  Evans,  Larkin  Newton,  Samuel  Vaughan 
and  John  Wooddy,  commissioners  of  said  county,  in  trust  for  the  use  of 
said  county ;  and  that  the  Secretary  of  the  Treasury  be  authorized  to     Appropriation 
issue  a  patent  for  the  same ;  and  that  the  said  commissioners  shall  have  of    proceeds    to 
power  to  lay  off  the  said  land  into  town  lots,  and  sell  and  dispose  of  the  ^urt  house  and 
same,  and  make  good  and  sufficient  titles  to  purchasers;  and  they  shall  j^ 
appropriate  the  proceeds  of  the  sales  of  the  said  lots  to  the  erection  of  a 
court-house  and  jail  in  the  town  of  Fayetteville,  for  the  use  of  said  county. 

(a)  See  Nos.  418,  989, 1175, 1179, 1203, 1204, 1219, 1227, 1229, 1237. 


No.  1200.—  AN  ACT  to  establish  an  additional  land  office  in  Arkansas.  june  26,  1834. 

Be  it  enacted,  $c.,  That  so  much  of  the  public  lands  of  the  United    Vol'4'p'687' 
States  in  the  Territory  of  Arkansas  as  lies  east  of  a  line  commencing    Land  office  to 
on  the  southern  boundary  of  the  Territory  where  it  is  intersected  by  be  established  at 
the  dividing  line  between  ranges  five  and  six,  west  of  the  meridian,  Helena. 
thence  with  said  range  line  to  the  dividing  line  between  townships  ten 
and  eleven  south  ;  thence  east  with  the  said  line  to  the  dividing  line 
between  ranges  two  and  three  west,  thence  north  with  said  dividing 
line  to  the  base  line,  thence  east  with  said  base  line  to  the  dividing 
line  between  ranges  two  and  three  east  —  thence  north  with  said  line  to 
the  dividing  line  between  townships  ten  and  eleven  north,  thence  east 
with  said  dividing  line  to  the  dividing  line  between  ranges  six  and  seven 
east,—  thence  north  with  said  dividing  line  to  the  northern  boundary 
of  the  Territory  of  Arkansas,  shall  form  a  new  land  district,  to  be  called 
the  Mississippi  land  district  ;  and  for  the  sale  of  the  public  lands  within 
the  district  aforesaid,  there  shall  be  a  land  office  established  at  the 
town  of  Helena,  iu  the  county  of  Phillips,  in  the  Territory  aforesaid. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  a  register  and     Register   and 

l    of  the     ublic     c®rore8id* 


receiver  appointed  to  said  office,  to  superintend  the  sale  of  the 
land  in  said  district,  who  shall  reside  at  the  town  of  Helena  aforesaid, 
give  security  in  the  same  manner  and  sums,  and  whose  compensation, 
emoluments,  duties,-and  authorities,  shall,  in  every  respect,  be  the  same 
in  relation  to  lands  to  be  disposed  of  at  said  office,  as  are  or  may  be 


504 


ARKANSAS 


by  law  provided  in  relation  to  the  registers  and  receivers  of  public 
money  in  the  several  offices  established  for  the  sale  of  the  public 
lands,  (a) 

Land  not  sold     SEC.  3.  And  be  U  further  enacted,  That  all  such  public  lands  embraced 
at  public,  may  be  within  the  district  created  by  this  act,  which  shall  have  been  offered 
at  private  sale      for  8ale  to  the  highest  bidder  at  any  laud  office  in  said  Territory,  pur- 
suant to  any  proclamation  of  the  President  of  the  United  States,  and 
which  lands  remain  unsold  at  the  taking  effect  of  this  act,  shall  be  sub- 
ject to  be  entered  and  sold  at  private  sale  by  the  proper  officers  of  the 
office  hereby  created,  in  the  same  manner,  and  subject  to  the  same 
terms  and  upon  like  conditions  as  the  sale  of  said  land  would  have  been 
subject  to  in  the  said  several  land  offices  hereinbefore  mentioned,  had 
they  remained  attached  to  the  same,  (fe) 

(a)  SeeNos.  1156, 1157, 1158, 1166, 1191,  1209, 1234, 1254. 
(6)  See  Nos.  421, 1160, 1178, 1230, 1236, 1245, 1255, 1258, 1261. 


June  28, 1834. 
Vol.  4,  p.  707. 


No.  1201.— AN  ACT  further    to  provide  for  the  location  of  certain  lands  in  the 
Territory  of  Arkansas. 


1830,  repealed. 


Proviso  of  act     Be  it  enacted,  #c.,  That  the  proviso  to  the  act  entitled  "An  act  to  ex- 
of   January    13,  tend  the  time  for  locating  certain  donations  in  Arkansas,"  approved  the 
jpealed.     thirteenth  day  of  January,  eighteen  hundred  and  thirty,  be,  and  the 
same  is  hereby,  repealed,  and  all  locations  of  said  claims  made,  or  to  be 
made,  shall  in  no  wise  be  affected  by  said  proviso,  (a) 
(a)  See  Nos.  1173, 1174, 1176, 1181, 1195, 1230, 1243. 


June  28, 1834.  No.  1302.- AN  ACT  for  the  relief  of  William  Weedon. 

—       |P' — —     Be  it  enacted,  <$-c.,  That  William  Weedon  be,  and  he  is  hereby,  author- 
Authorized  to  ized  to  enter  any  other  quarter-section  of  unappropriated  land  within 
the  Arkansas  military  district  of  bounty  lands,  instead  of  the  northeast 
quarter  of  section  twenty- two,  of  township  five  north,  and  range  twelve 
west ;  for  which  a  patent  issued  to  said  Weedon  on  the  twenty-seventh 
day  of  November,  one  thousand  eight  hundred  and  twenty-one,  but 
was  not  received  by  him  until  said  quarter-section  was  sold  for  the 
Proviso.  taxes  due  thereon  :  Provided,  the  said  Weedon  shall  first  surrender  said 

patent,  and  file  his  relinquishment  of  all  claim  to  said  quarter-section 
in  the  General  Land  Office. 


June  15, 1836. 
Vol.  5,  p.  50. 

Preamble. 


Arkansas    ad- 
mitted  into  the 


Boundaries. 


No.  1203.— AN  ACT  for  the  admission  of  the  State  of  Arkansas  into  the  Union, 
and  to  provide  for  the  due  execution  of  the  laws  of  the  United  States,  within  the 
same,  and  for  other  purposes. 

Whereas,  the  people  of  the  Territory  of  Arkansas,  did,  on  the  thirtieth 
day  of  January  in  the  present  year  by  a  convention  of  delegates,  called 
and  assembled  for  that  purpose,  form  for  themselves  a  constitution  and 
State  government,  which  constitution  and  State  government,  so  formed, 
is  republican  :  and  whereas,  the  number  of  inhabitants  within  the  said 
Territory  exceeds  forty-seven  thousand  seven  hundred  persons,  com- 
puted according  to  the  rule  prescribed  by  the  Constitution  of  the  United 
States ;  and  the  said  convention  have,  in  their  behalf,  asked  the  Con- 
gress of  the  United  States  to  admit  the  said  Territory  into  the  Union  as 
a  State,  on  an  equal  footing  with  the  original  States : 

Be  it  enacted,  <fc.,  That  the  State  of  Arkansas  shall  be  one,  and  is 
hereby  declared  to  be  one  of  the  United  States  of  America,  and  admitted 
into  the  Union  on  an  equal  footing  with  the  original  States,  in  all  re- 
spects whatever,  and  the  said  State  shall  consist  of  all  the  territory  in- 
cluded within  the  following  boundaries,  to  wit:  beginning  in' the 
middle  of  the  main  channel  of  the  Mississippi  River,  on  the  parallel  of 
thirty-six  degrees  north  latitude,  running  from  thence  west,  with  the 
said  parallel  of  latitude,  to  the  Saint  Francis  River;  thence  up  the 
middle  of  the  main  channel  of  said  river  to  the  parallel  of  thirty-six 
degrees  thirty  minutes  north;  from  thence  west  to  the  southwest  ccr- 
ner  of  the  State  of  Missouri ;  and  from  thence  to  be  bounded  on  the 
west,  to  the  north  bank  of  Red  River,  by  the  lines  described  in  the 
first  article  of  the  treaty  between  the  United  States  and  the  Cherokee 
nation  of  Indians  west  of  the  Mississippi,  made  and  concluded  at  the 


ARKANSAS.  505 

city  of  Washington,  on  the  26th  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  twenty-eight;  and  to  be  bounded  on  the 
south  side  of  Red  River  by  the  Mexican  boundary  line,  to  the  northwest 
corner  of  the  State  of  Louisiana ;  thence  east,  with  the  Louisiana  State 
line,  to  the  middle  of  the  main  channel  of  the  Mississippi  River;  thence 
up  the  middle  of  the  main  channel  of  the  said  river,  to  the  thirty-sixth 
degree  of  north  latitude,  the  point  of  beginning,  (a) 

*****-** 

SEC.  8.  And  ~be  it  further  enacted,   That  the   State   of  Arkansas  is     Public  lands 
admitted  into  the  Union  upon  the  express  condition,  that  the  people  of  reserved  to  the 
the  said  State  shall  never  interfere  with  the  primary  disposal  of  the  U] 
public  lands  within  the  said  State,  nor  shall  they  levy  a  tax  on  any  of 
the  lands  of  the  United  States  within  the  said  State ;  and  nothing  in 
this  act  shall  be  construed  as  an  assent  by  Congress  to  all  or  to  any  of 
the  propositions  contained  in  the  ordinance  of  the  said  convention  of 
the  people  of  Arkansas,  nor  to  deprive  the  said  State  of  Arkansas  of  the 
same  grants,  subject  to  the  same  restrictions,  which  were  made  to  the 
State  of  Missouri  by  virtue  of  an  act  entitled  u  An  act  to  authorize  the 
people  of  the  Missouri  Territory  to  form  a  constitution  and  State  Gov- 
ernment, and  for  the  admission  of  such  State  into  the  Union,  on  an 
equal  footing  with  the  original  States,  and  to  prohibit  slavery  in  cer- 
tain Territories,"  approved  the  sixth  day  of  March,  one  thousand  eight 
hundred  and  twenty,  (b) 

(a)  See  Nos.  762,  1076,  1156,  1161,  1171,  1204,  1239,  1257. 

(b)  See  Nos.  418,  989,  1156,  1169, 1175,  1179,  1186,  1196,  1199.  1204,  1219,  1227,  1229,  1237, 

1238. 

JVo.  1 204.— AN  ACT  supplementary  to  the  act  entitled  "An  act  for  the  admission     June  23,  1836. 
of  the  State  of  Arkansas  into  the  Union,  and  to  provide  for  the  clue  execution  of  the      Vol.  5,  p.  58. 
laws  of  the  United  States  within  the  same,  and  for  other  purposes." 


Be  it  enacted,  J-c.,  That  in  lieu  of  the  propositions  submitted  to  the 
Congress  of  the  United  States,  by  an  ordinance  passed  by  the  conven-  acceptanceof  the 
tion  of  delegates  at  Little  Rock,  assembled  for  the  purpose  of  making  general  assembly 
a  constitution  for  the  State  of  Arkansas,  which  are  hereby  rejected ;  of  Arkansas, 
and  that  the  following  propositions  be,  and  the  same  are  hereby,  offered 
to  the  general  assembly  of  the  State  of  Arkansas,  for  their  free  accept- 
ance or  rejection,  which  if  accepted,  under  the  authority  granted  to  the 
said  general  assembly,  for  this  purpose,  by  the  convention  wnich  framed 
the  constitution  of  the  said  State,  shall  be  obligatory  upon  the  United 
States :  (a) 

First.  That  section  numbered  sixteen  in  every  township,  and  when     Sections  of 
such  section  has  been  sold,  or  otherwise  disposed  of,  other  lands  equiv- land  for  schools, 
alent  thereto,  and  as  contiguous  as  may  be,  shall  be  granted  to  the 
State  for  the  use  of  the  inhabitants  of  such  township  for  the  use  of 
schools.  (6) 

Second.  That  all  salt  springs  not  exceeding  twelve  in  number,  with  Salt  springs. 
six  sections  of  land  adjoining  to  each,  shall  be  granted  to  the  said  State, 
for  the  use  of  said  State,  the  same  to  be  selected  by  the  general  assembly 
thereof  on  or  before  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  forty;  and  the  same,  when  so  selected,  to  be  used  under  such 
terms,  conditions,  and  regulations,  as  the  general  assembly  of  the  said 
State  shall  direct :  Provided,  That  no  salt  spring,  the  right  whereof  is  Proviso, 
now  vested  in  any  individual  or  individuals,  or  which  may  hereafter  be 
confirmed  or  adjudged  to  any  individual  or  individuals,  shall,  by  this 
section,  be  granted  to  said  State :  And  2)rovided  also,  That  the  general  Proviso, 
assembly  shall  never  sell  or  lease  the  same,  at  any  one  time,  for  a  longer 
period  than  ten  years,  without  the  consent  of  Congress;  and  that  nothing 
contained  in  the  act  of  Congress  entitled  "An  act  authorizing  the  gov- 
ernor of  the  Territory  of  Arkansas  to  lease  the  salt  springs  in  said  Ter- 
ritory, and  for  other  purposes,"  or  in  any  other  act,  shall  be  construed 
to  give  to  the  said  State  any  further  or  other  claim  whatsoever,  to 
any  salt  springs  or  lands  adjoining  thereto,  than  to  those  hereby 
granted :  (c) 

Third.  That  five  per  cent,  of  the  nett  proceeds  of  the  sale  of  lands     Percentage 
lying  within  the  said  State,  and  which  shall  be  sold  by  Congress,  from  J^^nuSito 
and  aft.er  the  first  day  of  July  next,  after  deducting  all  expenses  inci-  roads  and  canals, 
dent  to  the  same,  shall  be  reserved  for  making  public  roads  and  canals 
within  the  said  State,  under  the  direction  of  the  general  assembly  there- 
of, (d) 


506 


ARKANSAS. 


Completion  of     fourth.  That  a  quantity  of  land  not  exceeding  five  sections  be.  and 
the  public  build-  the  same  is  hereby,  granted  to  the  said  State  in  addition  to  the  ten  sec- 
ings,  tions  \vhich  have  already  been  granted,  for  the  purpose  of  completing 
the  public  buildings  of  the  said  State  at  Little  Rock  ;  which  said  five 
sections  shall,  under  the  direction  of  the  general  assembly  of  said  State, 
be  located,  at  any  time,  in  legal  divisions  of  not  less  than  one  quarter- 
section,  in  such  townships  and  ranges  as  the  general  assembly  aforesaid 
may  select,  on  any  of  the  unappropriated  lands  of  the  United  States 
within  the  said  State,  (e) 
of     Fifth.  That  the  two  entire  townships  of  land  which  have  already  been 


Seminary 
learning. 


Proviso. 


located  by  virtue  of  the  act  entitled  "An  act  concerning  a  seminary  of 
learning  in  the  Territory  of  Arkansas,"  approved  the  second  of  March, 
one  thousand  eight  hundred  and  twenty-seven,  are  hereby  vested  in 
and  confirmed  to  the  general  assembly  of  the  said  State,  to  be  appro- 
priated solely  to  the  use  of  such  seminary  by  the  general  assembly :  (/) 
Provided,  That  the  five  foregoing  propositions  herein  offered,  are  on  the 
condition  that  the  general  assembly  or  legislature  of  the  said  State,  by 
virtue  of  the  powers  conferred  upon  it  by  the  convention  which  framed 
the  constitution  of  the  said  State,  shall  provide  by  an  ordinance  irrev- 
ocable without  the  consent  of  the  United  States,  that  the  said  general 
assembly  of  said  State  shall  never  interfere  with  the  primary  disposal 
of  the  soil  within  the  same  by  the  United  States,  nor  with  any  regula- 
tions Congress  may  find  necessary  for  securing  the  title  in  such  soil  to  the 
bona-fide  purchasers  thereof ;  and  that  no  tax  shall  be  imposed  on  lands 
the  property  of  the  United  States;  and  that  in  no  case  shall  non-resi- 
dent proprietors  be  taxed  higher  than  residents ;  and  that  the  bounty 
lands  granted,  or  hereafter  to  be  granted,  for  military  services  during 
the  late  war,  (</)  shall,  whilst  they  continue  to  be  held  by  the  patentees 
or  their  heirs,  remain  exempt  from  any  tax  laid  by  order  or  under  the 
authority  of  the  State,  whether  fqr  State,  county,  township,  or  any  other 
purpose,  for  the  term  of  three  years  from  and  after  the  date  of  the  pat- 
ents respectively,  (h) 

(a)  See.  Nos.  762,  1076,  1156, 1161,  1171,  1203,  1239,  1257. 

(6)  See  Nos.  418,  989.  1175. 1179,  1199,  1203,  1219,  1227,  1229,  1237. 

(c)  See  Xos.  989,  1186,  1203.  1238. 

(d)  See  Nos.  989,  1203. 

(e)  See  Nos.  1183,  1193,  1206. 

(/)  See  Nos.  989,  1169,  1196,  1203,  1237. 

(g)  See  Nos.  45K  1154,  1159,  1167,  1177,  1216,  1240,  1245. 

(h)  See  Nos.  1156,  1203. 


June  23.  1836. 
Vol.  6,  p.  643. 


Jan.  16,  1838. 
VoL  5,  p.  208. 


Ne.  1205. — AN  ACT  to  revive  and  extend  the  provisions  of  an  act  passed  on  the 
twenty -fourth  May,  eighteen  hundred  and  twenty-four,  entitled  "An  act  for  the 
relief  of  the  representatives  of  John  Donelson,  Stephen  Heard,  and  others." 

[Act  authorizing  entry  of  5,000  acres  of  land  in  Mississippi  or  Ala- 
bama revived  and  extended  to  Louisiana  or  Arkansas.  See  MISSISSIPPI, 
No.  1321.] 


No.  1206.— AN  ACT  to  ratify  and  confirm  certain  official  acts  of  John  Pope,  late 
governor  of  Arkansas. 


The  locations,  Be  it  enacted,  $'C.,  That  the  locations,  sales,  and  transfers  of  John 
&c.,  of  John  Pope,  late  governor  of  Arkansas,  of  a  quantity  of  the  public  land,  not 
Ins'  o  «f  laTd  excee<ling  ten  sections,  (or  six  thousand  four  hundred  acres,)  which  was 
granted  by  Con-  granted  by  Congress  to  Arkansas  to  build  a  State-  house  at  Little  Rock, 
gress  to  Arkan-  the  seat  of  government  of  Arkansas,  to  sundry  citizens  of  Arkansas,  in 
sas  for  a  State-  pursuance  of  au  authority  vested  in  him  by  an  act  of  Congress  of  the 
thoritv  vested^  fonrth  daJ  of  Joly>  in  the  year  eighteen  hundred  and  thirty-two,  be, 
him  by  an  act  of  and  the  same  are  hereby,  ratified  and  confirmed  :  Provided,  Said  loca- 
July  4,  1832,  con-  tiou,  sales,  and  transfers,  were  in  conformity  to  legal  subdivisions,  be 
firmed.  those  divisions  fractional  quarter-sections  or  not  :  And  provided,  also, 

That  the  gross  amount  of  acres  of  land  thus  located,  sold,  and  trans- 
pro-  ferret  for  the  purpose  aforesaid,  does  not  exceed  six  thousand  four  hun- 
dred acres  ;  and  the  President  of  the  United  States  is  hereby  authorized 
and  directed  to  cause  patents  to  issue  to  said  purchasers,  their  heirs,  or 
their  legal  representatives,  for  the  late  governor's  several  locations,  sales, 
an  1  transfers,  whenever  the  applications  are  properly  made  by  said 
purchasers  or  their  legal  representatives. 

Certain  lands  gEC  2.  And  be  it  further  enacted,  That  the  northeast  and  southwest 
s?ppi  land  dil-  quarters  of  section  twenty-seven,  township  eighteen  south,  range  one 
trict,  Arkansas,  west,  the  southeast  quarter  of  section  twenty-eight,  same  township  and 


Proviso. 
Further 


ARKANSAS.  507 

range,  the  southwest   quarter  of    section  fifteen,  township  nineteen  excepted   from 
south,  range  one  west,  the  northwest  and  southeast  quarters  of  section  jg6^0.™101"*  <* 
nine,  same  township  and  range,  allin  the  Mississippi  land  district,  State 
of  Arkansas,  be,  and  the  same  are  hereby,  excepted  from  the  provisions 
of  this  act.  (a) 
(a)  See  Nos.  1183, 1193, 1204. 

No.  1207,— AN  ACT  for  the  relief  of  James  Barrett.  June  28,  ia38. 

Be  it  enacted,  cfc.,  That  James  Barrett  be,  and  he  is  hereby,  entitled    Yo1'  6|  p'  7a6> 
to  a  preference    in  becoming  the  purchaser,  at  private  sale,  of  the  east     Right  of  pre- 
half  of  the  southwest  quarter  of  section  seven,  the  east  half  of  the  emotion  granted 
southeast  quarter  of  section  six,  and  the  east  half  of  the  northwest to  nim- 
quarter  of   section  eighteen,  all  in  township  eleven   north,  in  range 
eleven  east,  within  the  limits  of  the  Batesville  district,  in  Arkansas, 
on   the  same  terms  and  conditions  as  are  provided  by  law  for  the 
other  public  lands  in  the  said  district  at  private  sale;  and  on  the  pre- 
sentation of  the  receiver  of  public  moneys  in  said  district  for  the  pur- 
chase money  thereof,  to  the  Secretary  of  the  Treasury,  the  said  Jamea 
Barrett  shall  be  entitled  to  patents  from  the  United  States. 


No.  1 208.— AN  ACT  for  the  relief  of  Jacob  Brown,  confirming  his  purchases  of      July  5, 1838. 
certain  land  in  Arkansas.  Vol.  6,  p.  727. 

Be  it  enacted,  ^c.,  That  the  entries  of  the  following- described  tracts    Lan^  entries 
or  parcels  of  laud  permitted  to  be  made  by  the  registers  and  receivers  confirmed,    and 
of  the  Little  Rock  and  Helena  land  districts,  under  the  belief  that  said  patents  to  issue, 
tracts  of  land  had  been  proclaimed  and  offered  at  public  sale,  and  under 
circumstances  which  satisfied  said  officers  that  said  tracts  of  laud  were 
in  market,  and  legally  liable  to  be  "so  entered,  to  wit :  The  east  frac- 
tional half  of  the  southeast  quarter  of  section  thirty -six;  the  southeast 
quarter  of  the  northeast  quarter  of  section  thirty-six ;  the  northeast 
quarter  of  section  thirty-six  ;  the  west  half  of  the  southeast  quarter  of 
section  thirty-six  ;  the  southeast  quarter  of  section  twenty-five,  and  the 
northeast  quarter  of  section  twenty-five,  of  fractional  township  ten, 
south  of  range  one  west,  in  the  State  of  Arkansas,  be,  and  the  same  are 
hereby,  confirmed  ;  and  patents  shall  issue  to  the  purchasers  as  in  other 
cases,  any  law  to  the  contrary  notwithstanding. 


No.  1209.— AN  ACT  to  establish  additional  land  offices  in  the  States  of  Louisiana     July  7, 1838. 
and  Arkansas.  Vol.  5,  p.  287. 


SEC.  5.  And  be  it  further  enacted,  That  all  that  portion  of  the  present    "What   portion 
Fayetteville  district  which  lies  south  of  the  line  between  townships  of     FayetteviUe 
eleven  and  twelve  north  of  the  principal  base  line,  shall  form  a  separate  called  the  Wes? 
land  district,  and  be  called  the  western  land  district,  and  the  land  office  6rn  district, 
for  said  district  shall  be  established  at  the  county  seat  of  Johnson  County 
or  such  other  place  as  the  President  of  the  United  States  shall  designate.     j>egi8ter     and 

SEC.  6.  And  le  it  further  enacted,  That  there  shall  be  appointed  by  the  receiver  to  be  ap- 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  under  the  pointed, 
existing  laws,  a  register  and  receiver  in  and  for  said  district,  whose  com-  ?J®ir  comPen 
pensation  shall  be  the  same  as  provided  for  other  registers  and  receivers ;  s  Th°'  necesSary 
and  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury,  as  soon  as  it  books,  plats,  &c. 
can  be  done,  to  cause  the  necessary  tract-books,  plats,  maps  and  surveys  pf  the  public 
of  the  public  lands,  in  said  district,  to  be  filed  in  said  office;  and  ^ 
applications  for  entries  in  said  district  shall  be  made  as  heretofore  pre- 
scribed by  law  at  the  land  offices  now  established,  until  the  first  day  of 
June  next,  (a) 

(a)  See  Nos.  1156,  1157,  1158,  1166,  1191,  1200,  1234,  1254. 


No.  1210.— AN  ACT  for  the  relief  of  Henry  Wilson,  confirming  purchases  of  cer-     Feb.  12,  1839. 
tain  land  in  Arkansas.  Vol.  g,  p.  749. 


Be  it  enacted,  $-c.,  That  the  entries  of  the  following-described  tracts     Land     entries 
or  parcels  of  land  permitted  to  be  made  by  the  register  of  the  land  confirmed, 
office  at  Helena,  on  the  twenty-fifth  day  of  February,  one  thousand 
eight  hundred  and  thirty- five,  under  the  belief  that  the  said  tracts  of 


508  ARKANSAS. 

land  had  been  proclaimed  and  offered  at  public  sale,  and  under  circum- 
stances that  satisfied  the  land  officers  that  the  said  tracts  of  land  were 
in  market  and  legally  liable  to  be  so  entered ;  viz :  the  east  fractional 
part  of  the  southwest  quarter  of  fractional  section  one ;  the  northeast, 
northwest,  and  southeast  fractional  quarters,  and  the  east  half  of  the 
southwest  quarter  of  fractional  section  twelve;  and  the  northwest, 
southwest,  and  southeast  fractional  quarters  of  fractional  section  thir- 
teen, all  in  township  ten  south,  of  range  one  west,  in  the  State  of  Ar- 
kansas, be,  and  the  same  are  hereby,  confirmed,  and  patents  shall  issue 
to  the  purchaser  as  in  other  cases,  any  law  to  the  contrary  notwith- 
standing. 

March  2, 1839.    No.  1211.— AN  ACT  for  the  relief  of  William  W.  Stevenson  and  Joseph  Hen- 
Vol.  6,  p.  752.  derson. 

In  lieu  of  cer-     &e  **  enacted,  #c.,  That  in  lieu  and  full  consideration  of  seventy-six 

tain    land   to  acres,  part  of  the  southwest  quarter  of  section  two,  township  one  north, 

which    W.    "W.  and  range  twelve  west,  in  the  Territory  of  Arkansas,  to  which  the  said 

Irtridtehed     hSWiUilMI1  W<  Stevenson  had  established  his  right  of  pre-emption,  but 

right  of  p6re-emp-  which  was  embraced  in  the  location  of  a  thousand-acre  tract  granted 

tion,    authorized  by  Congress  for  the  erection  of  a  court-house  and  jail  at  Little  Rock, 

to  enter,  &c.        iu  said  Territory,  the  said  Stevenson  is  hereby  authorized  to  enter  at 

the  proper  land  office,  a  quarter  section  of  any  of  the  unappropriated 

and  unimproved  laud  in  said  Territory  ;  and  upon  making  such  entry, 

a  patent  shall  issue  as  in  other  cases,  conveying  to  the  said  Stevenson 

a  fee-simple  title  to  the  same. 

In  lieu  of  cer-     SEC.  2.  And  be  it  further  enacted,  That  in  lieu  and  in  full  considera- 

tain   land  to  tion  of  the  southwest  quarter  of  section  one,  in  township  one  north,  in 

TO*    had    estab-ranSe  twelve  west>  (south  of  the  Arkansas  River,)  in  the  Territory  of 

lished  his  right  Arkansas,  to  which  Joseph  Henderson  had  established  his  right  of  pre- 

of  pre-emption,  emption,  but  which  was  enclosed  in  the  location  of  a  thousand-acre 

authorized  to  en-  tract  granted  by  Congress  for  the  erection  of  a  court-house  and  jail  at 

Little  Rock,  in  said  Territory,  the  said  Henderson,  his  heirs  or  assigns, 

is  hereby  authorized  to  enter  at  the  proper  land  office  a  quarter- section 

of  any  of  the  unappropriated  and  unimproved  land  in  said  Territory ; 

and  upon  making  such  entry,  a  patent  shall  issue  as  in  other  cases, 

conveying  to  said  Henderson,  his  heirs  or  assigns,  a  fee-simple  title  to 

the  same,  (a) 

(a)  See  Nos.  1190,  1197. 

March  2,  1839.         No.  1212.— AN  ACT  for  the  relief  of  James  Middleton  Tattle,  of  Arkansas. 
Vol.  6,  p.  753.        !>e  {t  enactfdi  fc.,  That  as  soon  as  James  Middleton  Tuttle  shall  file  in 
Upon  filing  a  ^ne  office  of  the  Commissioner  of  the  General  Land  Office  a  relinquish- 
relinquishment  meut  of  all  his  right,  title,  claim,  and  interest  in  and  to  the  south  half 
of  certain  land,  of  the  southeast  quarter  or  section  number  six,  in  township  number  six- 
5f  teen  north,  of  range  number  thirty  west  of  the  fifth  principal  meridian, 
er  tract  to  the  United  States  of  America,  the  President  of  the  United  States  be, 

and  he  is  hereby,  authorized  to  issue  a  patent  to  the  said  James  Mid- 
dleton Tuttle  for  the  south  half  of  the  southwest  quarter  of  section 
number  five,  in  township  number  sixteen  north,  of  range  number  thirty 
west  of  the  fifth  principal  meridian,  situate  in  the  district  of  lands  sub- 
ject to  sale  at  Fayetteville,  Arkansas  Territory. 

March  2, 1839.  No.  1213.— AN  ACT  for  the  relief  of  John  Davlin. 

Vol.  6,  p.  758.        J56  it  enacted,  $c.,  That  John  Davlin,  of  Arkansas,  or  his  legal  repre- 
On   surrender-  sentative,  be,  and  he  is  hereby,  authorized  to  surrender  a  patent  to  the 
ing  a  patent  for  United  States,  issued  to  him  for  three  hundred  and  twenty  acres  of 
certain  land,  may  land,  covering  the  southwest  quarter  of  section  thirty-five,  and  the 
enter  another  southeast  quarter  of  section  thirty-four,  in  township  two  south,  in  range 
sixteen  west  of  the  fifth  principal  meridian,  of  which  he  is  the  rightful 
owner ;  and,  when  the  said  Davlin,  or  his  representative,  shall  surrender 
the  said  patent,  and  reconvey  the  aforesaid  quarter-section  to  the  United 
States,  in  such  form  as  the  Commissioner  of  the  General  Laud  Office 
shall  designate,  it  shall  be  lawful  for  the  said  Davlin,  or  his  legal  repre- 
sentative, to  enter,  in  lieu  of  the  land  by  this  act  authorized  to  be  sur- 
rendered, three  hundred  and  twenty  acres  of  any  of  the  unappropriated 
Proviso.  lands  subject  to  private  entry,  in  the  State  of  Arkansas :  Provided,  The 

selection  is  made  within  two  years  from  the  passage  of  this  act.  (a) 
(a)  See  No.  1231. 


ARKANSAS.  509> 

No.  1214.— AN  ACT  for  the  relief  of  John  Borey,  of  Arkansas.  March  3, 1839. 

Be  it  enacted,  $-c.,  That  it  shall  be  the  duty  of  the  register  and  re- 


ceiver of  the  land  office  at  Little  Rock,  in  the  State  of  Arkansas,  to  Patent  certifl- 
surrender  to  John  Borey,  or  his  legal  representative,  the  patent  certifi-  d!red°to  h^UrrJn~ 
cate  (number  two  hundred  and  seventy-eight)  which  was  issued  to  said 
John  Borey,  for  the  east  half  of  fractional  section  twenty-three,  in  town- 
ship one,  south,  and  in  range  eleven  west ;  and  that  said  register  and 
receiver  be  authorized  to  consider  said  land  as  other  public  land,  and 
that  the  said  John  Borey,  or  his  legal  representative,  be  authorized  to 
locate,  in  any  land  office  in  Arkansas,  three  hundred  and  twenty  acres 
of  any  of  the  public  land,  conformably  to  legal  subdivisions :  Provided,  Proviso. 
The  same  be  subject  to  private  entry.  And  for  the  land  thus  located, 
it  shall  be  the  duty  of  the  proper  register  and  receiver  to  issue  a  patent 
'  certificate,  and  for  the  President  to  issue  a  patent  therefor  :  Provided,  Proviso 
further,  That  in  case  the  title  to  the  lands  for  which  his  patent  certifi- 
cate was  taken  have  become  vested  in  him,  he  shall  reconvey  the  same 
to  the  Government,  and  produce  to  the  Secretary  of  the  Treasury  satis- 
factory evidence  that  said  lands  so  reconveyed  are  free  from  encum- 
brance. 


No.  1215.— AN  ACT  for  the  relief  of  William  Marcus,  of  Arkansas.  March  3,  1839. 

Be  it  enacted,  #c.,  That  William  Marcus  be,  and  he  is  hereby,  author- 


ized to  enter  one  quarter-section  of  land,  by  legal  subdivisions,  of  any    Authorized  to 
of  the  vacant  unappropriated  and  unoccupied  public  lands  in  the  State  f^p  a  tract  of 
of  Arkansas,  at  the  price  of  one  dollar  and  twenty-five  cents  per  acre, 
in  the  proper  land  office. 

No.  121 6.— AN  ACT  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war  May  27, 1840. 
to  surrender  the  bounty  lands  drawn  by  them  and  to  locate  others  in  lieu  thereof,  Vol.  5  p.  380. 
and  for  other  purposes. 


Be  it  enacted,  $*c.,  That  the  act  of  the  twenty-second  of  May,  one     Act  of  May 22, 
thousand  eight  hundred  and  twenty-six,  entitled  "An  act  authorizing  1826,  revived  and 
certain  soldiers  in  the  late  war  to  surrender  the  bounty  lands  drawn  by  j[°™ i^6  u 
them,  and  to  locate  others  in  lieu  thereof,"  be,  and  the  same  is  hereby, 
revived  and  continued  in  force  for  the  term  of  five  years ;  and  the  pro- 
visions of  the  above  recited  act  shall  be,  and  are  hereby,  extended  to 
those  having  like  claims  in  the  States  of  Illinois  and  Missouri,  (a) 

(a)  See  Nos.  458, 1154, 1159, 1167, 1177, 1204, 1240, 1245. 

No,  1217.— AN  ACT  for  the  relief  of  James  L.  Cochran.  June  1,  1840. 

Be  U  enacted,  <fc.,  That  James  L.  Cochran,  of  the  State  of  Arkansas, 


be,  and  he  is  hereby,  authorized  to  enter  any  vacant,  unappropriated,     Authorized  to 
and  unoccupied  quarter- section  of  land  in  the  Batesville  land  district,  enter   certain 
in  the  State  of  Arkansas,  at  one  dollar  and  twenty-five  cents  per  acre,  {hat'onwhich  he 
in  lieu  of  the  land  he  now  resides  on,  it  being  part  of  the  sixteenth  sec-  now  resides. 
tion  of  township  eighteen,  range  thirteen  west,  in  the  county  of  Izard, 
of  said  State. 


No.  1218.— AN  ACT  for  the  relief  of  the  legal  representatives  of  William  Will-     July  20, 1840. 
iams,  senior,  deceased.  Vol.  6,  p.  810. 

Be  it  enacted,  #c.,  That  John  Campbell,  James  Campbell,  Hamilton  C.  Authorized  to 
Campbell,  and  Mary  Williams,  be,  and  they  are  hereby,  authorized  to  relinquish  and 
relinquish  to  the  United  States,  in  such  form  as  the  Commissioner  of  enteriand. 
the  General  Land  Office  shall  prescribe,  the  southwest  quarter  of  sec- 
tion fifteen,  of  township  ten  north,  range  four  east,  in  the  tract  appro- 
priated (by  the  acts  appropriating  and  granting  land  to  the  late  Army 
of  the  United  States,  passed  on  and  since  the  sixth  day  of  May,  eighteen 
hundred  and  twelve)  for  military  bounties  in  the  Territory  of  Arkansas ; 
and  upon  such  relinquishment  being  made  as  aforesaid,  and  upon  satis- 
factory proof  being  also  made  to  the  said  Commissioner  that  the  said 
John  Campbell,  James  Campbell,  Hamilton  C.  Campbell,  and  Mary 
Williams,  are  the  only  legal  representatives  of  the  said  William  Will- 
iams, deceased,  the  said  John  Campbell,  James  Campbell,  Hamilton  C. 
Campbell,  and  Mary  Williams,  shall  be,  and  they  are  hereby,  author- 
ized to  enter  any  other  quarter-section  of  land,  in  the  State  of  Arkansas, 
which  shall  be  liable  to  entry  at  private  sale. 


510  ARKANSAS. 

Feb.  27, 1841.  No.  1219.— AX  ACT  for  the  relief  of  Mary  Tucker. 

— '—      Be  it  enacted,  #c.,  That  the  west  half  of  section  fifteen,  in  township 

Certain  land  six  south,  of  range  two  east,  in  the  Territory  of  Arkansas,  be,  and  the 

f°r  \6here8erVof  8ame  i8  nereoy>  reserved  from  sale,  and  appropriated  for  the  use  of 

schools,  in^euof  schools  in  said  township,  in  lieu  of  the  southwest  fractional  quarter  and 

other  land.          the  southeast  fractional  quarter  of  section  sixteen,  in  that  township; 

and  the  east  half  of  section  number  fifteen,  in  township  number  six 

south,  of  range  two  east,  shall  be  taken  and  held,  in  all  respects,  and 

for  the  same  purposes,  as  the  aforesaid  fractional  quarters  of  sec     m 

number  sixteen  would  have  been  held  and  taken  if  this  act  had  , 

been  passed,  the  majority  of  the  citizens  of  said  township  having  agree  . 

to  the  same,  (a) 

Mary  Tucker,  SEC.  2.  And  be  it  further  enacted,  That  Mary  Tucker,  the  occupant  upon 
thor°izedPS1entersai'1  fractioiial  quarter-sections,  be,  and  is  hereby,  authorized  to  enter 
said  land.  tne  8ame  within  six  months  from  the  passage  of  this  act,  at  one  dollar 

and  twenty-five  cents  per  acre,  in  the  proper  land  office,  (b) 

(a)  See  Nos.  418, 989, 1175, 1179, 1199, 1203, 1204, 1227, 1229, 1237. 

(b)  See  No.  1228. 


March  19,  1842.  No.  1220.— AN  ACT  to  authorize  the  governors  of  the  States  of  Illinois,  Arkansas 
Vol.  5,  p.  471.  and  Missouri  to  cause  to  be  selected  the  lands  therein  mentioned. 

[Governors  of  Arkansas,  &c.,  may  select  grants  of  land  for  internal 
improvement,  made  by  act  of  September  4, 1841.    See  ILLINOIS,  No.  410.] 


March  3,  1841.  No.  1221.— AN  ACT  for  the  relief  of  Joseph  Bogy. 

Be  it  enacted,  fc.,  That  Joseph  Bogy,  to  whom  was  confirmed  a  con- 


Authorized  to  cession  of  three  hundred  and  twenty  arpens  of  land  in  Arkansas,  by 
ocate  ; ,  tract  of  mistake  for  eight  hundred  arpens,  be,  and  he  is  hereby,  empowered  to 
locate  four  hundred  and  eighty  arpens  of  land  on  any  land  subject  to 
sale  at  private  entry,  in  the  State  of  Arkansas. 


April  14,  1842.  No.  1222.— AN  ACT  for  the  relief  of  James  Smith,  of  Arkansas. 

Be  it  enacted,  $-c.,  That  James  Smith,  of  the  State  of  Arkansas,  be,  and 


Authorized  to  he  is  hereby,  authorized  to  enter  without  payment,  in  lieu  of  one  frac- 
enter  certain  tional  quarter  and  two  half-quarters  of  land,  which  the  register  and  re- 
land'sold  hfm  by  ceiver  of  the  land  office  at  Little  Rock  sold  to  him  through  mistake,  and 
mistake.  upon  which  he  made  valuable  improvements,  but  which  lands  were  sub- 

sequently sold  and  patented  by  the  United  States  to  James  Brown,  three 
hundred  and  twenty  acres  of  the  unappropriated  and  unimproved  lands 
of  the  United  States  in  the  Helena  land  district,  in  the  State  of  Ar- 


Aug.  11, 1842.     No.  1223.— AN  ACT  to  settle  the  title  to  certain  tracts  of  land  in  the  State  of  AT 
Vol.  5,  p.  505.  kansas. 

Owners  of  cer-  Be  it  enacted  <$-c  ,  That  each  and  every  owner  of  a  Spanish  or  French 
tain  Spanish  aud  land  claim,  in  the  State  of  Arkansas,  which  was  submitted  for  adjudica- 
French  landf  ion  to  the  superior  court  of  the  late  Territory  of  Arkansas,  and  by  that 
zed^o  enteAVe  court  confirmed,  being  subsequent  purchasers  for  a  valuable  considera- 
game  tion,  is  hereby  authorized,  within  twelve  months  from  the  passage  of 

this  aci,  to  enter,  respectively,  the  land  covered  by  the  said  claim,  at 
the  minimum  price,  under  such  regulations  as  the  Commissioner  of  the 
Proviso.  General  Land  Office  shall  prescribe  :  Provided,  That  no  such  entry  shall 

be  made,  except  of  lands  mentioned  and  described  in  the  original  claim, 
or  of  such  tracts  as  have  been  located  in  pursuance  of  the  act  of  the 
twenty-sixth  of  May,  eighteen  hundred  and  twenty-four,  entitled  "An 
act  enabling  the  claimants  to  lands  within  the  limits  of  the  State 
of  Missouri  and  Territory  of  Arkansas  to  institute  proceedings  to  try 
the  validity  of  their  claims,"  or  any  act  reviving  the  same;  nor  un- 
less the  owner  of  the  claim  shall  make  and  subscribe  an  oath,  before  the 
register  or  receiver  of  the  land  office  of  the  district  in  which  the  lands 
lie,  which  oath  such  register  or  receiver  is  hereby  authorized  to  admin- 
ister, that  at  the  time  he  became  the  owner  of  the  claim  he  had  no  notice 
or  knowledge  that  the  claim  was  fraudulent,  or  that  the  same  rested 


ARKANSAS.  511 

upon  any  forged  warrant,  grant,  order  of  survey,  or  other  evidence  of 

title.    And,  for  every  entry  made  under  the  provisions  of  this  act,  a  Patents  to  issue. 

patent  shall  issue,  as  though  no  Spanish  or  French  claim  had  ever  been 

entered  upon  said  land,  (a) 

(a)  See  Nos.  974,  998, 1002,  1007, 1067, 1155, 1163, 1168, 1172, 1178,  1187, 1192, 1233, 1241. 

No.  1224.— AN  ACT  for  the  relief  of  Rees  B.  Ward.  Aug.  11,  1842. 

Be  it  enacted,  $c.,  That  upon  the  surrender,  by  Rees  B.  Ward,  his  heirs     Vol.  6,  p.  850. 
or  legal  representatives,  to  be  cancelled,  to  the  Secretary  of  the  Treas-     Authorized,  on 
ury,  of  the  certificate,  or  the  patent,  if  the  same  shall  have  been  issued,  surrendering cer- 
for  the  northwest  quarter  of  the  northwest  quarter  of  section  num-  tain  land,  to  enter 
bered  twenty-three,  in  the  township  numbered  nine,  north  of  range  nuin-  anotlier  tract, 
bered  twenty -six  west,  in  the  district  of  land  subject  to  eale  at  Johnson 
Courthouse,  in  the  State  of  Arkansas,  entered  by  the  said  Rees  B.  Ward 
by  mistake,  he  or  they  shall  be  authorized  to  enter  in  lieu  thereof,  a  like 
quantity  of  public  land  subject  to  private  entry  in  said  district,  and  not 
in  the  occupancy  of  any  bona-fide  settler :  Provided,  That  said  land  so     Proviso, 
entered  by  the  said  Rees  B.  Ward  by  mistake  shall  not  previous  to  such 
surrender  have  been  sold  to  a  bona-fide  purchaser. 


No.  1225.— AN  ACT  for  the  relief  of  William  Wynn.  Aug.  11, 1842. 

Vol.  6,  p.  851. 

of  Arkansas,  be  permitted  a  pre-emptive  right  of  entry  at  private  sale,     Allowed  a  pre- 

lit  in 


Be  it  enacted,  <fc.,  That  William  Wynn,  of  Lafayette  County,  and  State 


on  payment  in  cash  of  one  dollar  aud  twenty-five  cents  per  acre,  in  the  emptive  right 
proper  land  office  of  the  district  where  the  lands  are  situate,  of  any  por-  *ne  ^ntr7  of  cer" 
tion,  or  all  of  the  lands  contained  in  the  several  sections  and  fractional  * 
sections,  designated  as  sections  eighteen,  nineteen,  twenty,  seventeen, 
eight,  nine,  ten,  seven,  three,  four,  twenty-one,  twenty-seven,  twenty- 
eight,  twenty -nine,  thirty,  thirty-three,  thirty-four,  of  township  sixteen 
south,  range  twenty -six  west,  and  sections  seventeen,  twenty,  twenty- 
eight,  twenty-nine,  nineteen,  thirty,  of  township  fifteen  south,  range 
twenty-five  west,  situate  in  the  State  of  Arkansas  ;  said  entries  to  be 
made  under  the  following  rules  and  limitations,  viz  ;  that  said  entries 
be  made  within  two  years  from  the  date  of  this  act ;  and  that  they  be  not 
made  so  as  to  interfere  with  any  improved  land,  claimed  by  others  than 
himself,  or  by  pre-emption  right  or  claim  of  title ;  and  if  less  than  all 
of  said  lands  liable  to  entry  shall  be  taken  up  by  said  Wynn,  no  less 
subdivision  shall  be  so  entered  than  by  the  entire  section  or  fractional 
section,  or  of  all  the  lands  subject  to  sale  in  any  such  section  where  part 
may  have  been  otherwise  disposed  of. 

No.  J  226.— AN  ACT  for  the  relief  of  Richard  Higgins.  Aug.  11,  1842. 

Be  it  enacttd,  #c.,  That  it  shall  be  lawful  for  Richard  Higgins,  or  his    Yoi:  6>  P- 853' 
legal  representatives,  to  prove  his  pre-emption  right,  at  the  proper  land     May  prove  his 
office,  to  the  northwest  fractional  section,  number  twenty,  in  township  p  re-  em  p  tion 
number  four,  north  of  range  number  eight  east,  containing  one  hundred  righ*  to  certain 
and  forfcy-seven  acres  and  sixty-five  hundredths  of  an  acre,  situate  in  a    ' 
the  county  of  Crittenden,  in  the  State  of  Arkansas,  and  upon  such  proof, 
to  the  satisfaction  of  the  proper  land  officers,  and  the  payment  of  the 
minimum  price,  per  acre,  for  the  land,  a  patent  shall  issue  to  the  said 
Richard  Higgins,  or  his  legal  representatives,  for  the  same :  Provided,     Proviso. 
Said  proof  and  payment  shall  be  made  within  one  year  from  the  date  of 
this  act :  And  provided,  also,  That  said  Richard  Higgins  shall  prove  to     Proviso, 
the  satisfaction  of  the  Secretary  of  the  Treasury  that  he  is  the  bona-fide 
vendee  of  the  claim  of  John  J.  Bowie  under  a  grant  from  the  Spanish 
authorities  to  the  same. 

No.  1227.— AN  ACT  to  authorize  the  inhabitants  of  township  eight  north,  range     Aug.  2sJ,  1842. 
thirty-two  west,  in  the  State  of  Arkansas,  to  enter  a  section  of  land  in  lieu  of  the      vol.  6,  p.  868. 
sixteenth  section  in  said  township,  upon  condition  that  the  same  is  surrendered  to  — 
the  LTDited  States  for  military  purposes. 

Be  it  enacted,  fyc.,  That  the  inhabitants  of  township  eight  north,     Authorized  to 
range  thirty-two  west,  in  the  State  of  Arkansas,  be  and  they  are  hereby,  en*er    certain 
authorized  to  enter  one  section  of  land  in  quarter-sections,  of  any  lands 
that  may  be  subject  to  entry  in  the  Fayetteville  land  district ;  which 
lands,  so  entered,  shall  be  held  by  the  inhabitants  of  said  township  upon 


512  ARKANSAS. 

the  same  conditions,  and  for  the  same,  purposes,  as  they  now  hold  the 
sixteenth  section  in  said  township,  upon  the  condition  that  the  inhabit- 
ants of  said  township,  under  the  authority  of  the  State  of  Arkansas, 
shall  relinquish  to  the  United  States  the  sixteenth  section  in  township 
eight  north,  range  thirty-two  west,  under  such  regulations  as  the  Secre- 
Proviao.  tary  of  the  Treasury  may  prescribe :  Provided,  The  President  of  the 

United  States  shall  deem  it  expedient  to  obtain  said  section  sixteen  in 
township  eight,  range  thirty- two,  to  be  used  for  military  purposes,  (a) 
(a)  See  Xos.  418,  989, 1175, 1179, 1199, 1203, 1204, 1219, 1229, 1237. 

Jan.  2?,  1843.  No.  1228.— AX  ACT  to  revive  the  act  for  the  relief  of  Mary  Tucker. 

VoL  6,  p.  881.         Be  it  enacted,  fc.,  That  the  act  for  the  relief  of  Mary  Tucker,  approved 
Act  of  Feb.  27,  on  the  twenty-seventh  day  of  February,  eighteen  hundred  and  forty  - 
1841,  revived  and  one,  be,  and  the  same  is  hereby,  revived  and  continued  in  force  for  the 
continued  for  12  term  of  twelve  mouths  from  the  passage  of  this  act :  Provided,  it  shall 
months.  appear  to  the  satisfaction  of  the  Commissioner  of  the  General  Land 

Office,  that  the  said  Mary  Tucker  was  not  advised  of  the  limitation  of 
said  act,  until  after  the  six  months  within  which  she  was  required  by 
said  act  to  enter  the  land  occupied  by  her  had  expired,  (a) 
(a)  See  No.  1219. 

Feb.  15,  1843.     No.  1 229.— AX  ACT  to  authorize  the  legislatures  of  the  States  of  Illinois,  Arkansas, 
VoL  5,  p.  600.         Louisiana,  and  Tennessee,  to  sell  the  lands  heretofore  appropriated  for  the  use  of 
schools  in  those  States. 


[See  ILLINOIS,  No.  418.] 


March  1,  1843.  No.  1230.— AX  ACT  to  perfect  the  titles  to  lands  south  of  the  Arkansas  River, 
Vol.  5,  p.  603.  .  held  under  Xew  Madrid  locations,  and  pre-emption  rights  under  the  act  of  one  thou- 
sand eight  hundred  and  fourteen  [fifteen]. 


Certain  1  oca-      fo  ft  enacted,  tj'-c.,  That  the  locations  heretofore  made  of  warrants 

rants  issued"  ££ issued  untler  tlle  act  of  the  seventeenth  of  February,  one  thousand 

der  act  of  Febra-  eight  hundred  and  fifteen,  entitled  "An  act  for  the  relief  of  the  inhabit- 

ary  17,  1815,  per-  ants  of  the  late  county  of  New  Madrid,  in  Missouri  Territory,  who  suf- 

fected.  fered  by  earthquakes"  of  those  locations  which  were  made  on  the  south 

side  of  the  Arkansas  River,  if  made  in  pursuance  of  the  provisions  of 

that  act  in  other  respects,  shall  be  perfected  into  grants,  ir  like  manner 

as  if  the  Indian  title  to  the  lands  on  the  south  side  of  said  river  had 

been  completely  extinguished  at  the  time  of  the  passage  of  said  act. 

Owners  of  war-     SEC.  2.  And  be  it  further  enacted,  That  in  all  cases  in  which  the  loca- 

rants  authorized  tions  so  made  on  the  south  side  of  the  Arkansas  River  may  have  been 

lands11  in*  certain  8old>  and  tne  lands  thus  located  under  the  act  aforesaid  have  been  ap- 

cases.'  propriated  by  the  United  States,  the  owner  of  the  warrants  issued 

under  the  provisions  of  the  act  aforesaid  shall  have  a  right  to  enter, 

within  twelve  months  after  the  passage  of  this  act,  without  payment, 

the  like  quantity  of  the  public  lands,  of  any  of  the  unappropriated  and 

unimproved  lands  in  the  State  of  Arkansas,  corresponding  with  the 

legal  subdivisions. 

Settlers  south  SEC.  3.  And  be  it  further  enacted,  That  every  settler  on  the  public  lands 
of  the  Arkansas  8onth  of  the  Arkansas  River  shall  be  entitled  to  the  same  benefits  ac- 
fits1  o*f  pre-enap^-  cruing  under  the  provisions  of  the  pre-emption  act  of  one  thousand 
tion  act  of  1815.  eight  hundred  and  fourteen  [fifteen],  as  though  they  had  resided  north 

of  said  river,  (a) 

Certain  Chero-      SEC.  4.    And  be   it  further  enacted,  That   all  Cherokee   pre-emptions 
kee  pre-einp-  which  have  been  or  may  be  located  upon  any  of  the  surveyed  lands  of 
tions  confirmed.   the  United  states,  south  of  the  base  line  in  Arkansas,  shall  be  confirmed, 
and  patents  shall  issue  thereon  as  in  other  cases. 

(a)  See  Xos.  421, 1160, 117?,  1200, 1236, 1245, 1255, 1258, 1261. 
(&)  See  Xos.  1173, 1174, 1176, 1181, 1195, 1201, 1243. 

March  3,  1843.    No.  1231.— AX  ACT  to  revive  an  act  entitled  "An  act  for  the  relief  of  John  Davlin." 
Vol.  6,  p.  901.         Be  it  enact€$t  fc.t  That  the  act  entitled  "An  act  for  the  relief  of  John 
Act  of  March  2,  Davlin,"  approved  on  the  second  day  of  March,  eighteen  hundred  and 
1839,  revived.        thirty-nine,  be,  and  the  same  is  hereby,  revived  in  favor  of  the  said 
John  Davlin,  or  his  legal  representatives,  and  shall  continue  in  force 
twelve  months  from  and  after  the  passage  of  this  act.  (a) 
(a)  See  No.  1213. 


ARKANSAS.  5 1  3 

No.  1233 — AN  ACT  for  the  relief  of  Eaton  Nance.  June  15,  1844. 

Whereas  it  satisfactorily  appears  that  on  the  second  day  of  July,  — 
eighteen  hundied  and  twenty-one,  a  patent  issued  from  the  General     Preamble. 
Land  Office  of  the  United  States,  where  the  same  was  duly  recorded,  to 
Eaton  Nance  for  a  certain  tract  of  land  containing  one  hundred  and 
sixty  acres,  being  the  southeast  quarter  of  section  thirty-four,  of  town- 
ship ten  north  in  range  eight  west  in  the  tract  appropriated  by  certain 
acts  of  Congress  for  military  bounties,  in  the  Territory  of  Arkansas — 
which  said  patent  was  duly  countersigned  by  Josiah  Meigs,  Commis- 
sioner of  the  General  Land  Office,  but  by  accident  was  not  signed  by 
the  President  of  the  United  States.     Therefore, 

Be  it  enacted,  $c.,  That  said  patent  shallbe  deemed  and  held  to  be  per-     Patent   to   be 
feet  and  valid  to  all  intents  and  purposes  as  though  the  same  had  been  held   ™  perfect 
signed  by  the  President  of  the  United  States  on  the  day  of  the  date  J^  daS° 
thereof  ;  and  that  all  questions  or  disputes  that  may  arise  in  relation  to 
said  land  or  the  title  to  the  same,  shall  be  decided  and  determined  as 
though  said  patent  had  been  perfect  from  the  day  of  its  date. 


No.  1233.— AN"  ACT  to  provide  for  the  adjustment  of  land  claims  within  the  States     June  17, 1844. 
of  Missouri,  Arkansas,  and  Louisiana,  and  in  those  parts  of  the  States  of  Missis-      Vol.  5,  p.  676. 

sippi  and  Alabama  south  of  the  thirty-first  degree  of  north  latitude,  and  between 

the  Mississippi  and  Perdido  rivers. 

[See  MISSOURI,  No.  1067.] 


No.  1234.— AN  ACT  to  organize  a  new  land  district  in  the  southern  part  of  the     Feb.  20,  1845. 
State  of  Arkansas.  Vol.  5,  p.  725. 


Be  it  enacted,  #c.,  That  the  section  of  country  in  the  southern  part  of     Champagnole 
the  State  of  Arkansas,  south  of  the  base  line,  and  east  of  the  meridian,  land  district  es- 
comprised  within  the  following  boundaries,  to  wit :  Between  the  line  tablished. 
dividing  ranges  five  and  six  on  the  east,  the  line  dividing  ranges  twenty 
and  twenty-one  on  the  west,  the  dividing  line  between  townships  ten 
and  eleven  on  the  north,  and  the  State  line  on  the  south,  be  made  to 
form  a  separate  district,  to  be  called  the  Champagnole  district,  the  seat 
of  the  land  office  for  which  shall  be  at  the  town  of  Champagnole,  and     Office  to  be  in 
be  subject  to  removal  by  the  President  of  the  United  States,  whenever,  Champagnole. 
in  his  judgment,  it  may  be  proper  so  to  do. 

SEC.  2.  And  be  it  further  enacted,  That  there  shall  be  a  register  and  re-     Register   and 
ceiver  of  public  moneys  appointed  for  said  land  district,  who  shall  give  receiver  to  be  ap- 
security  in  the  same  manner  and  in  the  same  sums,  and  whose  duties  P°mted>  &c- 
and  authority,  compensation  and  emoluments,  shall  in  every  respect 
be  the  same,  in  relation  to  the  lands  to  be  disposed  of  in  said  district, 
as  are  or  may  be  provided  by  law  in  relation  to  the  registers  and  re- 
ceivers of  public  money  in  the  several  offices  established  for  the  sale  of 
the  public  lands. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the     Eegisters,  &c., 
registers  and  receivers  for  the  districts  of  land  subject  to  sale  at  Little  at   -Little  m  Rock 
Rock  and  Washington,  in  the  State  aforesaid,  under  the  direction  of  to  trSerdlcu" 
the  Commissioner  of  the  General  Land  Office,  to  transfer  to  the  register  ments,  &c. 
and  receiver  for  the  district  hereby  created  all  the  proper  evidences, 
documents,  records,  and  township  plats,  in  relation  to  lands  heretofore 
sold  or  subject  to  sale  at  those  offices,  respectively,  which  fall  within 
the  limits  of  the  district  hereby  created,  (a) 

SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and  be  Act  to  take  ef- 
in  force  from  and  after  the  expiration  of  three  calendar  months  from  feet  in  three 
the  date  of  the  passing  hereof. 

(a)  See  Nos.  1156, 1157, 1158, 1166, 1191, 1200, 1209, 1264. 


No.  1235.— AN  ACT  forthe  relief  of  David  F.  Williamson,  of  Pope  County,  State     April  27,  1846. 

of  Arkansas.  Vol.  9,  p.  650. 

Be  it  enacted,  fc.,  That  the  entry  of  the  northwest  quarter  of  section  Entry  Of  8ec- 
number  twenty-nine,  in  township  number  eight  north  of  range  num-  tion  in  tne  name 
ber  twenty  west,  in  the  name  of  David  F.  Williamson,  made  at  the  of  David  F.  Will- 
Johnson  Courthouse  land  office,  in  the  State  of  Arkansas,  per  certificate  iamson  confirm, 
number  six  hundred  and  seventeen  of  that  office,  be,  and  the  same  is  ™\™^ 
hereby,  confirmed,  and  a  patent  shall  issue  thereon  as  in  other  cases. 

33  L  O — VOL  II 


514 


ARKANSAS. 


July  H,  1846.     No.  1236.— AN  ACT  to  authorize  the  President  of  the  United  States  to  sell  the  re- 
Vol.  9,  p.  37.  served  mineral  lands  in  the  States  of  Illinois  and  Arkansas,  and  Territories  of  Wis- 

consin and  Iowa,  supposed  to  contain  lead  ore. 

[See  ILLINOIS,  No.  421.] 


July  29,  1846. 
Vol.  9,  p.  42. 

Preamble. 


No.  1237. — AN  ACT  giving  the  assent  of  Congress  to  a  change  of  the  compact 
entered  into  between  the  United  States  and  the  State  of  Arkansas,  on  her  admission 
into  the  Union. 


Whereas  the  Congress  of  the  United  States,  by  an  act  supplementary 
to  an  act  for  the  admission  of  the  State  of  Arkansas  into  the  Union, 
and  to  provide  for  the  due  execution  of  the  laws  of  the  United  States 
within  the  same,  and  for  other  purposes,  approved  June  twenty-third, 
eighteen  hundred  and  thirty-six,  in  the  fifth  proposition  made  to  the 
State  of  Arkansas,  and  which  was  subsequently  accepted  by  the  gen- 
eral assembly  of  the  State  of  Arkansas,  provided  that  the  two  entire 
townships  of  land  located  by  virtue  of  an  act  of  Congress  entitled  "An 
act  concerning  a  seminary  of  learning  in  the  Territory  of  Arkansas," 
approved  the  second  day  of  March,  eighteen  hundred  and  twenty-seven, 
which,  by  the  first-recited  act  of  Congress,  were  vested  in  and  confirmed 
to  the  general  assembly  of  the  State  of  Arkansas,  to  be  appropriated 
solely  to  the  use  and  support  of  a  university  in  said  State  :  And  whereas 
the  general  assembly  of  the  State  of  Arkansas  have,  by  their  resolution, 
approved  December  eighteen,  eighteen  hundred  and  forty- four,  asked 
for  a  modification  of  said  compact,  to  authorize  said  general  assembly 
to  appropriate  said  seventy-two  sections  of  land  to  common  school  pur- 
poses :  Therefore — 

Assent  of  Con-  Be  it  enacted,  $'c.,  That  the  assent  of  Congress  be,  and  is  hereby,  given 
gress  given  to  a  ^o  ^ae  change  in  said  compact  asked  for  by  the  said  general  assembly, 
confp"c^6 8*0  as80  as  to  ailthorize  and  empower  the  general  assembly  of  the  State  of 
to  authorize  the  Arkansas,  and  they  are  hereby  authorized  and  empowered,  to  appropri- 
appropriation  of  ate  said  seventy-two  sections  of  land  (a)  for  the  use  and  benefit  of  com- 
land8efCotr0n8h°i  mon  8unools  in  8ai(1  State,  or  in  any  other  mode  the  said  general  assem- 
purposes,  &c.  °°  ^ly  mav  deem  proper,  for  the  promotion  of  education  in  said  State.  (&) 

(a)  See  Nos.  989,  1169,  1196,  1203,  1204. 

(b)  See  Nos.  418,989,  1175,  1179,  1199,  1203,  1204,  1219,  1227,  1229. 


March  3, 1847. 
Vol.  9,  p.  181. 


No.  1238.— AX  ACT  to  give  the  consent  of  Congress  to  the  sale  of  certain  salt-spring 
lands  heretofore  granted  to  the  States  of  Michigan,  Illinois,  and  Arkansas. 


Sale  of  saline     SEC.  3.  And  be  it  further  enacted,  That  the  State  of  Arkansas  shall  be, 
lands  granted  to  and  hereby  is,  authorized  to  sell,  in  such  manner  as  the  legislature  of 
sas  authorized      8ai(1  State  shall  by  law  direct,  the  whole  or  any  part  of  the  saline  lands, 
granted  to  said  State  by  virtue  of  an  act  supplementary  to  the  act  enti- 
tled "An  act  for  the  admission  of  the  State  of  Arkansas  into  the  Union, 
and  to  provide  for  the  due  execution  of  the  laws  of  the  United  States 
within  the  same,  and  for  other  purposes,"  approved  June  twenty-third, 
eighteen  hundred  and  thirty -six.  (a) 

(a)  See  Nos.  989,  1186,  1203,  1204. 


Feb.  15, 1848. 
VoL  9,  p.  211. 


No.  1 239.— AN  ACT  to  confirm  the  boundary  line  between  Missouri  and  Arkansas. 
[See  MISSOURI,  No.  1076.] 


July  25, 1848.      NO>  1240.— AN  ACT  to  revive  an  act  authorizing  certain  soldiers  in  the  late  war 
Vol.  9,  p.  251.  [With  Great  Britain]  to  surrender  the  bounty  lands  drawn  by  them,  and  to  locate 

Certain  soldiers       others  in  Ueu  them>f ' 

in  the  late  war  Be  it  enacted,  $c.,  That  it  shall  and  may  be  lawful  for  any  soldier  in 
with  Great  Brit-  tlu}  late  war  witu  Great  Britain,  to  whom  bounty  land  has  been  allotted 
Sr  "lie  bounty"  and  patented  in  the  State  of  Arkansas,  which  was  aud  is  unfit  for  cul- 
lands  drawn  by  tivation,  to  surrender  said  patent,  and  to  receive  in -lieu  therof  tbe  same 
them  in  Arkau-  quantity  of  any  of  the  public  land  subject  to  private  entry  as  he  may  se- 
oth>rail?ardCeiISlect:  Provided,  That  before  receiving  such  new  land,  it  shall  be  proved, 
lieu  thereof.  to  the  satisfaction  of  the  Commissioner  of  the  General  Land  Office, 
Proviso.  '  that  the  land  so  allotted  and  patented  to  said  soldier  is  unfit  for  culti- 


ARKANSAS.  515 

vatiou,  and  that  said  soldier  has  never  disposed  of  his  interest  in  said 
land  by  any  sale  of  his  own,  and  that  the  same  had  not  been  taken  or 
disposed  of  for  his  debts  due  to  any  individual,  and  that  he  shall  release 
all  his  interest  in  the  same  to  the  United  States,  in  such  way  as  said  ^ 
Commissioner  shall  prescribe  ;  and  such  surrender  and  location  shall  be 
made  within  five  years  from  the  passing  of  this  act.  (a) 
(a)  Sea  Nos.  458, 1154, 1159, 1167, 1177, 1204, 1216, 1245. 


No.  1241.— AN  ACT  to  settle  the  title  to  certain  tracts  of  land  in  the  State  of  Ar-    March  3, 1849. 

kansas.  Yol.  9,  p.  400. 

Be  it  enacted,  #c.,  That  each  and  every  owner  of  a  Spanish  or  French    Owners  of  cer. 
land  claim,  or  any  part  thereof,  in  the  State  of  Arkansas,  which  was  tain  Spanish  or 
submitted  for  adjudication  to  the  superior  court  of  the  late  Territory  of  French  claims 
Arkansas,  and  by  that  court  confirmed,  being  a  bona-fide  subsequent  authorized  to  en- 
purchaser  for  a  valuable  consideration,  is  hereby  authorized  to  enter,  ere'd  by  saTd 
within  one  year  from  the  passage  of  this  act,  the  land  covered  by  said  claims, 
claim,  or  less  quantity  thereof,  to  be  embraced  in  any  legal  subdivision, 
at  the  minimum  price,  under  such  regulations  as  the  Commissioner  of 
the  General  Land  Office  shall  prescribe :  Provided,  however,  That  the    Proviso, 
owner  aforesaid  shall  be  an  occupant  or  cultivator  of  said  land. 

SEC.  2.   And  be  it  further  enacted,   That,  after  the  lapse  of  two  years  After  two  years, 
from  the  approval  of  this  act,  the  sale  of  the  lands  embraced  by  the  de-  lands     reserved 
ereesof  the  superior  court  of  Arkansas,  which  were  on  bills  of  review  re-  g^m  8i 
versed,  and  which  the  President  was,  by  the  act  of  eighteen  hundred 
and  thirty-two,  required  to  reserve  from  sale,  which  may  then  remain 
the  property  of  the  United  States,  shall  no  longer  be  reserved  from  sale 
by  the  President  of  the  United  States,  and  that  the  same  may  be  brought 
into  market  under  the  existing  laws,  (a) 

(a)  See  Nos.  974,  998,  1002,  1007,  1067,  1155,  11G3,  1168,  1172,  1178,  1187,  1192,  1223,  1233. 

No.  1342.— AN  ACT  for  the  relief  of  Joseph  P.  Williams.  July  29,  1850. 

Be  it  enacted,  #c.,  That  the  entry  of  the  southwest  quarter  of  section    Yol>  9'  p  799t 
twenty-five,  in  township  number  thirteen,  north,  of  range  ten  east,  in  the    Land  title  con- 
district  of  lands  subject  to  sale  at  Helena,  in  the  State  of  Arkansas,  by  firmed  to  J.  P. 
Joseph  P.  Williams,  of  the  county  of  Mississippi  and  State  aforesaid,  be,  Williams, 
and  the  same  is  hereby,  confirmed  :  Provided,  That,  before  this  act  shall    Proviso, 
take  effect,  the  said  Joseph  P.  Williams  shall  surrender  to  the  Commis- 
sioner of  the  General  Land  Office  Choctaw  certificate  number  thirteen, 
and  Cherokee  pre-emption  certificate  number  eighty-eight,  or,  in  such 
manner  as  the  said  Commissioner  shall  direct,  secure  the  Government 
against  the  validity  of  the  same,  and  prove,  also,  that  there  are  no  con- 
flicting claims  to  said  land. 

No.  1243.— AN  ACT  in  relation  to  donations  of  land  to  certain  persons  in  the  State     Aug,  30, 1850. 

of  Arkansas.  Yol.  9,  p.  446. 

Be  it  enacted,  #c.,  That  all  claims  to  donations  of  land  in  the  State  of    claims  to   do- 
Arkansas,  which  have  been  adjudicated  and  allowed  by  the  register  and  nations  of   land 
receiver  of  the  proper  land  district,  in  virtue  of  the  provisions  of  the  in  Arkansas,  al- 
eighth  section  of  the  act  of  Congress,  approved  on  the  twenty-fourth  of  ^^T   officer6 
May,  one  thousand  eight  hundred  and  twenty-eight,  entitled  "An  act  to  which     have 
aid  the  State  of  Ohio  in  extending  the  Miami  Canal  from  Dayton  to  yielded  to  other 
Lake  Erie,  and  to  grant  a  quantity  of  land  to  said  State,  to  aid  in  the  rights  and  not 
construction  of  canals  authorized  by  law,  and  for  making  donations  of  be  entered  witn. 
land  to  certain  persons  in  Arkansas  Territory,"  and  of  other  subsequent  in  one  year,  un. 
acts  of  Congress  on  the  same  subject,  and  which  have  not  been  located  der   certain   re- 
and  patent  certificates  issued  therefor,  or  which,  having  been  so  lo-  stnctions. 
cated,  were  compelled  to  yield  to  other  and  prior  rights,  either  in  whole 
or  in  part,  and  not  subsequently  relocated  within  the  period  fixed  by 
law,  may  be  entered  wilh  the  register  of  any  one  of  the  land  offices  in 
the  State  of  Arkansas,  at  any  time  within  one  year  from  the  passage  of 
this  act,  in  the  same  manner,  and  under  the  same  restrictions  and  con- 
ditions, as  existed  prior  to  the  twenty-fourth  day  of  May,  one  thousand 
eight  hundred  and  thirty-eight,  the  day  last  limited  for  the  location  of 
these  claims:  Provided,  That  no  such  claim  shall  be  so  located  against     Proviso, 
which  fraud  has  been  or  may  be  alleged  until  all  objection  thereto  shall 
have  been  removed,  to  the  satisfaction  of  the  Commissioner  of  the  Gen- 
eral Land  Office,  (a) 

(a)  See  Nos.  1173,  1174,  1176,  1181,  1195,  1201, 1230. 


516  ARKANSAS. 

Sept.  23.  1850.     No.  1444.— AX  ACT  to  enable  the  State  of  Arkansas  and  other  States  to  reclaim 
Vol.  9,  p.  519.  the  "swamplands,"  within  their  limits. 


Swamp  and  Be  it  enacted,  <$-c.,  That  to  enable  the  State  of  Arkansas  to  construct 
overflowed  lands  the  necessary  levees  and  drains  to  reclaim  the  swamp  and  overflowed 
unfit  for  estiva-  lands  therein,  the  whole  of  those  swamp  and  overflowed  lands,  made 
Arkansas.  unfit  thereby  for  cultivation,  which  shall  remain  unsold  at  the  passage 

of  this  act,  shall  be,  and  the  same  are  hereby,  granted  to  said  State. 
Secretary  of  the  SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
ou^eHstrandIpiaatsretary  of  tne  Int'erior>  as  soon  as  may  be  practicable  after  the  passage 
of  said  land;  aud  of  this  act,  to  make  out  an  accurate  list  and  plats  of  the  lands  described 
when  requested,  as  aforesaid,  and  transmit  the  same  to  the  governor  of  the  State  of  Ar- 
to  grant  a  patent  kansas,  and,  at  the  request  of  said  governor,  cause  a  patent  to  be  issued 
inthf  State™! to  the  Sta*e  therefor  ;  and  on  that  patent,  the  fee-simple  to  said  lands 
Arkansas.  shall  vest  in  the  said  State  of  Arkansas,  subject  to  the  disposal  of  the 

Proviso.  legislature  thereof  :  Provided,  however,  That  the  proceeds  of  said  lands, 

whether  from  sale  or  by  direct  appropriation  in  kind,  shall  be  applied, 
exclusively,  as  far  as  necessary,  to  the  purpose  of  reclaiming  said  lands 

bv  means  of  the  levees  and  drain8  aforesaid, 
division  is  unfit     SEC.  3.  And  be  it  further  enacted,  That  in  making  out  a  list  and  plats 
for  cultivation,  it  of  the  land  aforesaid,  all  legal  subdivisions,  the  greater  part  of  which 
shall  be  included  [&  «  wet  and  unfit  for  cultivation,"  shall  be  included  in  said  list  and 
the 8  greater^ part  P^8  5  ^ut  when  the  greater  part  of  a  subdivision  is  not  of  that  char- 
be  not  of   that  acter,  the  whole  of  it  shall  be  excluded  therefrom, 
character,  it  shall     SEC.  4.  And  be  it  further  enacted,  That  the  provisions  of  this  act  be 
be  excluded.        extended  to,  and  their  benefits  be  conferred  upon,  each  of  the  other 
thisact  'extended  States  of  the  Union  in  which  such  swamp  and  overflowed  lands,  known 
to  other   States  as  designated  as  aforesaid,  may  be  situated, 
possessing    such 
lands. 

July  12, 1852.      No.  1245.— AN  ACT  to  release  from  reservation,  and  restore  to  the  mass  of  public 
Vol.  10.  p.  14.  lands,  certain  lands  in  the  State  of  Arkansas. 


Undisposed     Be  ^  enacted,  <fc.,  That  the  several  tracts  of  land  in  the  State  of  Ar- 

lauds     reserved  kansas,  heretofore  reserved  for  the  satisfaction  of  military  bounties 

in  Arkansas  for  under  the  war  of  eighteen  hundred  and  twelve,  (a)  and  which  now  re- 

of  U°8iT  to  ^Ife  ma'n  undisposed  of,  be,  and  they  are  hereby  released  from  such  reserva- 

go!^  tion,  and  restored  to  the  mass  of  public  lands,  to  be  disposed  of  in  the 

Proviso  for  ac-  same  manner  as  any  other  unoffered  public  land :  Provided,  That  the 

tuai  settlers.        person  who  may,  at  the  date  of  this  act,  be  an  actual  settler  on  any 

one  of  said  tracts,  and  who,  but  for  the  reservation  thereof,  might 

have  claimed  the  right  of  preemption  thereto,  under  act  of  fourth 

September,  eighteen  hundred  forty-one,  be.  and  is  hereby  authorized 

to  enter  the  same,  or  any  subdivision  thereof,  upon  making  proof  of 

said  right,  and  paying  the  minimum  price  per  acre,  within  a  year  after 

the  passage  of  this  act,  or  prior  to  the  day  fixed  for  the  public  sale  of 

the  tract. 

Sales  and  lo-     SEC.  2.  And  be  it  further  enacted,  That  all  sales  of  said  land,  or  location 

cations   of    said,  thereof  by  military  warrants,  (other  than  those  of  the  war  of  eighteen 

tenth-  made  con-  hundred  and  twelve,)  which  have  been  inadvertently  permitted  to  be 

firmed.  made,  and  which  are  in  all  other  respects  fair  and  regular,  except  as 

embracing  reserved  land  not  offered  at  public  sale,  be,  and  the  same 

are  hereby  confirmed,  and  patents  thereon  which  have  been  issued  shall 

be  as  legal  and  valid  as  if  said  lands  had  been  released  from  reservation, 

and  offered  at  public  sale  prior  to  such  sales  or  locations.  (&) 

Unsatisfied  SEC.  3.  And  be  it  further  enacted,  That  all  of  said  warrants  which  have 
warrants  ma y  not  been  satisfied,  may  be  located  on  any  of  the  public  lands  subject  to 
where  ie  private  entry  at  the  time  of  the  location  of  the  same,  (a) 

(a)  See  Nos.  458, 1154, 1159, 1167, 1177, 1204, 1216, 1240. 
(6)  See  Nos.  421, 1160, 1178, 1200, 1230, 1236, 1255, 1258, 1261. 


Feb.  9,  1853.        No.  1246.— AN  ACT  granting  the  right  of  way  and  making  a  grant  of  land  to  the 

Vol.  10,  p.  155.        States  of  Arkansas  and  Missouri,  to  aid  in  the  construction  of  a  railroad  from  a 

point  on  the  Mississippi,  opposite  the  mouth  of  the  Ohio  River,  via  Little  Rock,  to 

the  Texas  boundary  near  Fulton,  in  Arkansas,  with  branches  to  Fort  Smith  and  the 

Mississippi  River. 


[See  MISSOURI,  No.  1086.] 


ARKANSAS. 


517 


No.  1247. 


-AN  ACT  for  the  relief  of  the  legal  representatives  or  assignees  of 
James  Lawrence. 


April  19,  1858. 
Vol.11,  p.  528. 


Be  it  enacted,  <$-c.}  That  the  assignees  or  legal  representatives  of  James    james    Law- 
Lawrence,  to  whom  was  issued  donation  certificate  number  three  hun-  pence,  &c.,  may 
dred  and  six,  under  the  eighth  section  of  the  act  of  twenty-fourth  relocate  donation 
of  May,  eighteen  hundred  and  twenty-eight,  entitled  "An  act  to  aid  certificate, 
the  State  of  Ohio  in  extending  the  Miami  Canal  from  Dayton  to  Lake 
Erie,  and  to  grant  a  quantity  of  land  to  said  State  to  aid  in  the  con- 
struction of  the  canals  authorized  by  law,  and  for  making  donations  of 
land  to  certain  persons  in  Arkansas  Territory,"  shall  be  authorized  to 
relocate  the  same  upon  any  of  the  public  lands  in  the  State  of  Arkansas, 
subject  to  entry  at  a  minimum  of  not  more  than  one  dollar  and  twenty- 
five  cents  per  acre :  Provided,  That  said  certificate  shall  be  found  to  have    proviso, 
been  issued  in  conformity  with  the  said  eighth  section  of  the  act  of 
twenty-fourth  of  May,  eighteen  hundred  and  twenty-eight,  and  shall 
be  located  upon  legal  subdivisions  of  land  of  not  less  than  one  quarter- 
section. 


No.  1248.— AN  ACT  making  a  grant  of  lands  in  alternate  sections  to  aid  in  the 
construction  and  extension  of  the  Iron  Mountain  Railroad,  from  Pilot  Knob,  in  the 
State  of  Missouri,  to  Helena,  in  Arkansas. 

[See  MISSOURI,  No.  1120.] 


July  4,  1866. 
Vol.  14,  p.  83. 


No.  1249.— AN  ACT  to  revive  and  extend  the  provisions  of  "  An  act  granting 
the  right  of  way  and  making  a  grant  of  land  to  the  States  of  Arkansas  and  Mis- 
souri, to  aid  in  the  construction  of  a  railroad  from  a  point  upon  the  Mississippi, 
opposite  the  mouth  of  the  Ohio  River,  via  Little  Rock,  to  the  Texas  boundary, 
near  Fulton,  in  Arkansas,  with  branches  to  Fort  Smith  and  the  Mississippi  River," 
approved  February  9,  1853,  and  for  other  purposes. 

[See  MISSOURI,  No.  1122.] 


July  28,  1866. 
Vol.  14,  p.  338. 


No.  1250.— A  RESOLUTION  extending  the  time  for  the  completion  of  the  first    March  3, 1869. 
twenty  miles- of  the  Cairo  and  Fulton  Railroad.  Vol.  15,  p.  349. 

[See  MISSOURI,  No.  1131.] 


No.  1251.— AN  ACT  to  amend  an  act  entitled  "  An  act  to  extend  the  time  for  the 
Little  Rock  and  Fort  Smith  Railroad  Company  to  complete  the  first  section  of 
twenty  miles  of  said  road,"  approved  April  ten,  eighteen  hundred  and  sixty-nine.  • 

[See  MISSOURI,  No.  1133.] 


No.  1252.— A  RESOLUTION  extending  the  time  for  the  completion  of  the  first 
section  of  twenty  miles  of  the  Cairo  and  Fulton  Railroad. 

[See  MISSOURI,  No.  1134.] 


March  8,  1870. 
Vol.  16,  p.  76. 


May  6,  1870. 
Vol.  16,  p.  376. 


No.  1253.— AN  ACT  in  relation  to  the  Hot  Springs  reservation  in  Arkansas.          June  It,  1870. 

Be  it  enacted,  ^c.,  That  any  person  claiming  title,  either  legal  or  Vo1'  18'P-149- 
equitable,  to  the  whole  or  any  part  of  the  four  sections  of  land  consti-  Persons  claim- 
tuting  what  is  known  as  the  Hot  Springs  reservation  in  Hot  Springs  ing  title  to  the 
County,  in  the  State  of  Arkansas,  may  institute  against  the  United  ^tion^n8  Ar- 
States  in  the  Court  of  Claims,  and  prosecute  to  final  decision,  any  suit  t^n'sas may  bring 
that  may  be  necessary  to  settle  the  same :  Provided,  That  no  such  suits  suit  iu  the  court 
shall  be  brought  at  any  time  after  the  expiration  of  ninety  days  from  of  claims  to  settle 
the  passage  of  this  act,  and  all  claims  to  any  part  of  said*  reservation  to^bTou  c'ht 
upon  which  suit  shall  not  be  brought  under  the  provisions  of  this  act  within  ninety 
within  that  time  shall  be  forever  barred.  days. 

SEC.  2.  And  be  it  further  enacted,  That  all  such  suits  shall  be  by  peti-     Form  of  suits 
tion  in  the  nature  of  a  bill  in  equity,  and  shall  be  conducted  and  deter-  JJnd  how  con- 
mined  in  all  respects,  except  as  herein  otherwise  provided,  according  to    u 
the  rules  and  principles  of  equity  practice  and  jurisprudence  in  the 
other  courts  of  the  United  States ;  and  for  the  purposes  of  this  act  the 
Court  of  Claims  is  hereby  invested  with  the  jurisdiction  and  powers    Jurisdiction  of 
exercised  by  courts  of  equity  so  far  as  may  be  necessary  to  give  full  Court  of  Claims, 
relief  in  any  suit  which  may  be  instituted  under  the  provisions  of  this 
act. 


518  ARKANSAS. 

Notice  of  suit.       SEC.  3.  And  be  itfurthe?'  enacted,  That  notice  of  every  suit  authorized 

by  this  act  shall  be  executed  by  the  delivery  of  a  true  copy  thereof  with 

Attorney-Gen-  a  copy  of  the  petition  to  the  Attorney- General,  whose  duty  it  shall  be, 

eral   to  answer,  for  an(i  jn  behalf  of  the  United  States,  to  demur  to  or  answer  the  peti- 

«&u5.,withm  thirty  ^Qn  ^jjerein)  ^ithin  thirty  days  after  the  service  of  such  process  upon 

him,  unless  the  court  shall  for  good  cause  shown  grant  further  time  for 

filing  the  same. 

Procee  d  ings  SEC.  4.  And  be  it  further  enacted,  That  if  two  or  more  parties  claiming 
whfre  parties  the  same  lands  under  different  rights  shall  institute  separate  suits  under 
claim  same  lands  ^e  provisions  of  this  act,  such  suits  shall  be  consolidated  and  tried  to- 
rhrhts  and  insti-  getber,  and  the  court  shall  determine  the  question  of  title  and  grant  all 
tute  different  proper  relief  as  between  the  respective  claimants  as  well  as  between 
suits,  each  of  them  and  the  United  States. 

If  the  decision     SEC.  5.  And  be  it  further  enacted,  That  if,  upon  the  final  hearing  of  any 
is  in  favor  of  the  cause  provided  for  in  this  act,  the  court  shall  decide  in  favor  of  the 
United  S  tates,  Umted  States,  it  shall  order  (>uch  lauds  into  the  possession  of  a  receiver 
a°i"ceiveraPPOin  to  be  appointed  by  the  court,  who  shall  take  charge  of  and  rent  out  the 
same  for  the  United  States,  until  Congress  shall  by  law  direct  how  the 
Duty  of  re-  same  shall  be  disposed  of,  which  said  receiver  shall  execute  a  sufficient 
ceivtr.  bond  to  be  approved  by  the  court,  conditioned  for  the  faithful  perform- 

ance  of  his  duties  as  such,  render  a  strict  account  of  the  manner  in 
which  he  shall  have  discharged  said  duties,  and  of  all  moneys  received 
by  him  as  a  receiver  as  aforesaid,  which  shall  be  by  said  court  approved 
or  rejected  accordingly  as  it  may  be  found  correct  or  not,  and  pay  such 
moneys  into  the  Treasury  of  the  United  States;  and  he  shall  receive 
Compensation,  such  reasonable  compensation  for  his  services  as  said  court  may  allow, 
How  may   be  and  in  case  of  a  failure  of  said  receiver  to  discharge  any  duty'devolv- 
compelled  to  do  ing  upon  him  as  such,  the  court  shall  have  power  to  enforce  the  per- 
his  duty.  formance  of  the  same  by  rule  and  attachment.     But  if  the  court  shall 

If  decision  is  in  decide  in  favor  of  any  claimant,  both  as  against  the  United  States  and 
favor  of    claim-  other  claimants,  it  shall  so  decree,  and  proceed  by  proper  process  to  put 
But'inpossession  6ucl1  successful  claimant  in  possession  of  such  portion  thereof  as  he  may 
'  be  thus  found  to  be  entitled  to,  and  upon  the  filing  of  a  certified  copy 
Patent   to    be  of  such  decree  with  the  Secretary  of  the  Interior,  he  shall  cause  a  pat- 
issued,  ent  to  be  issued  to  the  party  in  whose  favor.such  decree  shall  be  ren- 
Either  party  dered  for  the  lands  therein  adjudged  to  him:  Provided,  That  either 
may   appeal    to  party  may  within  ninety  days  after  the  rendition  of  any  final  judgment 
Supreme  Court.    or  decree  in  any  suit  authorized  by  this  act,  carry  such  suit  by  appeal 
Jurisdiction  of  to  the  Supreme  Court  of  the  United  States,  which  Court  is  hereby  vested 
the  Court.  with  full  jurisdiction  to  hear  and  determine  the  same  on  such  appeal, 
in  the  same  manner  and  with  the  same  effect  as  in  cases  of  appeal  in 
equity  causes  from  the  circuit  courts  of  the  United  States:  And  pro- 
Duty  of  Attor-  vided  further,  That  in  case  the  judgment  or  decree  of  the  Court  of  Claims 
ney-General     in  in  any  such  suit  shall  be  adverse  to  the  United  States,  the  Attorney- 
case  of  appeal.     General  shall  prosecute  such  appeal  within  the  time  above  prescribed 't 
and  the  taking  of  an  appeal  from  any  such  judgment  or  decree  shall 
Effect   of    ap-  operate  as  a  supersedeas  thereof  until  the  final  hearing  and  judgment 
Peal-                    of  the  Supreme  Court  thereon,  (a) 

(a)  See  Nos.  1186, 1258, 1259, 1260,  1262, 1263. 


July  14,  1870.     No.  1254.— AN  ACT  to  discontinue  the  Clarksville,  Arkansas,  land  district  and 
VoL*16,  p,  277.  the  establishment  of  an  additional  land  district  in  that  State. 

Clarksville  Be  **  enacted,  fc.,  That  the  district  of  lands  now  subject  to  disposal  at 
land  district,  Ar-  Clarksville,  Arkansas,  be,  and  the  same  is  hereby,  discontinued  from 
kansas,  discon-  and  alter  the  first  day  of  July,  eighteen  hundred  and  seventy,  and  that 
tinued.  thereafter  the  said  land  district  be  divided  as  follows :  Beginning  at 

the  corner  common  to  townships  twelve  and  thirteen  north,  ranges  sev- 
enteen and  eighteen  west,  and  running  thence  west  between  said  town- 
ships to  the  corner  common  to  townships  twelve  and  thirteen  north, 
ranges  twenty-six  and  twenty-seven  west ;  thence  south  with  said  range 
line  to  the  corner  common  of  townships  nine  and  ten  north ;  thence 
Hairison  and  west  on  the  line  between  said  townships  to  the  western  boundary  of  the 
Dardanelle   land  State,  the  lands  lying  north  of  said  division  line,  and  within  the  limits 
U8hedCtin  Arka^i-  of  the  8aid  Clarksville  district,  to  be  subject  to  disposal  at  Harrison, 
Baa.  Arkansas,  and  those  lands  lying  south  of  said  division  line  within  said 

district  to  be  subject  to  disposal  at  Dardanelle,  Arkansas,  to  be  known 
and  designated  as  the  Harrison  and  Dardanelle  land  distiict. 


ARKANSAS.  519 

SEC.  a.  And  be  it  further  enacted,  That  the  President  of  the  United     Register   and 
States  is  hereby  authorized  to  appoint,  by  and  with  the  advice  and  con-  re 
sent  of  the  Senate  of  the  United  States,  or  during  the  recess  thereof, 
and  until  the  end  of  the  next  ensuing  session,  a  register  and  receiver 
for  each  of  said  land  districts,  who  shall  be  required  to  reside  at  the     Residence,  du- 
site  01  their  respective  offices,  who  shall  be  subject  to  the  same  laws  ties,  and  fees. 
and  responsibilities,  and   whose  compensation  and  fees  shall  be  re- 
spectively the  same  per  annum  as  are  now  allowed  by  law  to  other  land 
offices  in  said  State,  (a) 

(a)  See  Nos.  1156, 1157, 1158, 1166, 1191, 1200, 1209, 1234. 

No.  1 255.— AN  ACT  to  provide  for  the  disposition  of  useless  military  reservations.     Feb.  24,  1871. 
[Provisions  for  sale  of  military  reservations  at  Forts  Wayne  and  YoL  16»  P-  43°- 
Smith,  &c.    See  WASHINGTON  TERRITORY,  No.  230.">.] 


No.  1256.— AN"  ACT  to  authorize  the  issuance  of  college  scrip  to  the  State  of     Dec.  13,  1872. 
Arkansas,  and  for  other  purposes.  Vol.  17,  p.  397. 

Whereas,  the  State  of  Arkansas  has  complied  with  all  the  provisions 
and  requirements  of  an  act  entitled  "An  act  donating  public  lands  to 
the  several  States  and  Territories  which  may  provide  colleges  for  the 
benefit  of  agriculture  and  the  mechanic  arts,"  approved  July  second, 
eighteen  hundred  and  sixty -two,  and  other  acts  amendatory  thereto  : 
Therefore, 

Be  it  enacted,  fie.,  That  the  Secretary  of  the  Department  of  the  In-     College  scrip  to 
terior  be,  and  he  is  hereby,  authorized  and  directed  to  issue  at  once,  and  be  issued  to  the 
deliver  to  the  secretary  of  the  State  of  Arkansas,  the  full  amount  of  f*f  |n°df  t^Jhe 
college  scrip,  to  wit,  one  hundred  and  fifty  thousand  acres,  and  ninety  Florida  State  Ag- 
thousaud  acres  to  the  secretary  of  the  board  of  trustees  of  the  Florida  rlcultural    c  ol- 
State  Agricultural  College  of  the  State  of  Florida,  as  provided  for  in  lege. 
said  act,  to  be  used  and  appropriated  to  and  for  the  purposes  and  ob- 
jects in  said  act  specified,  and  none  other :  Provided,  That  no  scrip  as 
aforesaid  shall  be  delivered  to  the  authorities  of  the  State  of  Arkansas    gtate   of  Ar. 
until  said  State  shall  have  made  some  satisfactory  arrangement  bykansas  to  first 
which  the  bonds  of  said  State,  principal  and  interest,  now  held  by  the  fund  certain  old 
United  States  as  Indian  trust  funds,  shall  be  funded  in  new  bonds  au-  bonds, 
thorized  to  be  issued  by  said  State  for  this  purpose. 


No.  1257.— AN  ACT  to  establish  the  boundary  line  between  the  State  of  Arkansas    March  3,  1875. 
and  the  Indian  country.  Vol.  18,  p.  476. 

Be  it  enacted,  #c.,  That  the  boundary  line  between  the  State  of  Arkan-     Boundary  line 
sas  and  the  Indian  country,  as  originally  surveyed  and  marked,  and  between  Arkan- 
upon  which  the  lines  of  the  surveys  of  the  public  lands  in  the  State  of  sas  and  the  In- 
Aikansas  were  closed,  be,  and  the  same  is  hereby,  declared  to  be  the  dian  country, 
permanent  boundary  line  between  the  said  State  of  Arkansas  and  the 
Indian  country. 

SEC.  2.  That  the  Secretary  of  the  Interior  shall,  as  soon  as  practica-     Boundary  line 
ble,  cause  the  boundary  line,  as  fixed  in  the  forgoing  section,  to  be  re-  to  be    retraced, 
traced  and  marked  in  a  distinct  and  permanent  manner ;  and  if  the  &c> 
original  line,  when  retraced,  shall  be  found  to  differ  in  any  respect  from 
what  the  boundary  line  would  be  if  run  in  accordance  with  the  provi- 
sions of  the  treaties  establishing  the  eastern  boundary  line  of  the  Choc-     Variations  to 
taw  and  Cherokee  Nations,  then  the  surveyors  shall  note  such  variations  be  noted,  &c. 
and  compute  the  area  of  the  land  which  in  that  case  would  be  taken 
from  the  State  of  Arkansas  or  the  Indian  country,  as  the  case  may  be; 
and  the  Secretary  of  the  Interior  shall  also  cause  any  monuments  set 
up  in  any  former  survey  indicating  any  line  at  variance  with  the  sur- 
vey provided  for  in  this  act  to  be  obliterated,  (a) 

(a)  See  Nos.  762, 1076, 1156, 1161, 1171, 1203, 1204, 1239. 


No.  1258.-AN  ACT  in  relation  to  the   Hot  Springs  reservation  in  the  State  of   March  3,1877. 

Arkansas.  Vol.  19,  p.  377. 

Be  it  enacted,  <fc.,  That  so  much  of  section  five  of  an  act  of  June    Law  for  re- 
eleventh,  eighteen  hundred  and  seventy,  in  relation  to  the  Hot  Springs ceiv e r  of  Hot 
reservation  of  Arkansas,  as  provides  for  the  appointment  of  a  receiver  Springs,  Ark.,  re- 
by  the  court,  be,  and  the  same  is  hereby,  repealed:  Provided,  ThatPe£led. 
nothing  in  this  section  shall  be  construed  to  affect  the  right  of  t111 
United  States  to  collect  and  receive  rents  already  due. 


520  ARKANSAS. 

Commissioners     SEC.  2.  That  it  shall  be  the  duty  of  the  President  of  the  United  States, 

to  lay  out  Hot  UpOn  the  passage  of  this  act,  to  appoint  three  discreet,  competent,  and 

two?8  disinterested  persons,  who  shall  constitute  a  board  of  commissioners, 

any  two  of  whom  shall  constitute  a  quorum,  who  are  hereby  authorized 

to  perform  and  discharge  the  duties  specified  by  this  act,  and  for  that 

Place  of  meet-  purpose  shall  meet  at  Hot  Springs,  in  the  State  of  Arkansas,  within 

frg-  thirty  days  after  their  appointment,  and  shall,  before  entering  upon  the 

Oath,  discharge  of  their  duties,  subscribe  to  the  usual  oath  for  civil  officers, 

Organization,  and  shall,  at  their  first  meeting,  organize  by  the  election  of  one  of  their 

number  as  chairman  of  the  board,  having  given  ten  days'  notice  of  the 

Advertisement,  time  and  place  of  meeting  in  some  daily  paper  published  at  Hot  Springs, 

which  notice  shall  be  continued  during  the  entire  session  of  said  board 

Evidence.          of  commissioners,  and  all  the  evidence  herein  provided  to  be  taken  by 

said  board  shall  be  taken  at  Hot  Springs. 

Manner  of  lay-     SEC.  3.  That  it  shall  be  the  duty  of  said  commissioners,  after  exam- 
ing  out  reseiva-  jnation  of  the  topography  of  the  reservation,  to  lay  out  into  convenient 
squares,  blocks,  lots,  avenues,  streets,  and  alleys,  the  lines  of  which 
shall  correspond  with  the  existing  boundary  lines  of  occupants  of  said 
reservation  as  near  as  may  be  consistent  with  the  interests  of  the  United 
Laud  to  be  in-  States,  the  followicg  described  lands,  to  wit:  The  south  half  of  section 
eluded.  twenty-eight,  the  south   half  of  section  twenty-nine,  all  of  sections 

thirty-two  and  thirty-three,  in  township  two  south  and  range  nineteen 
west*;  and  the  north  half  of  section  four,  the  north  half  of  section  five, 
in  township  three  south  and  range  nineteen  west,  situate  in  the  county 
of  Garland,  and  State  of  Arkansas,  and  known  as  the  Hot  Springs  reser- 
vation. 

Land  including     SEC.  4.  That  before  making  any  subdivision  of  said  lands,  as  described 

hot  springs  to  be  jn  the  preceding  section,  it  shall  be  the  duty  of  said  board  of  couimis- 

reserved.  sioners,  under  the  direction  and  subject  to  the  approval  of  the  Secretary 

of  the  Interior,  to  designate  a  tract  of  lar.d  included  in  one  boundary, 

sufficient  in  extent  to  include,  and  which  shall  include  all  the  hot  or 

warm  springs  situate  on  the  lands  aforesaid,  to  embrace,  as  near  as  may 

be,  what  is  known  as  Hot  Springs  Mountain,  and  the  same  is  hereby 

Superin  tend-  reservedfrom  sale,  and  shall  remain  under  the  charge  of  a  superintendent, 

ent,  to  be  appointed  by  the  Secretary  of  the  Interior :  Provided,  however,  That 

Special  tax  on  nothing  in  this  section  shall  prevent  the  Secretary  of  the  Interior  from 

water-taken  from  fixing  a  special  tax  on  water  taken  from  said  springs,  sufficient  to  pay 

for  the  protection  and  necessary  improvement  of  the  same. 

Duty  of  com-     ^EC.  5.  That  it  shall  be  the  duty  of  said  commissioners  to  show  by 
iS^V**  ™    oa  metes  and  bounds  on  the  map  herein  provided  for,  the  parcels  or  tracts 

JLL8T)     OI     meicS        *•     i  i  i      *  i     *  »     •  11  -i 

and    bounds    of  °f  lands  claimed  by  reason  of  improvements  made  thereon  or  occupied 
claims.  by  each  and  every  such  claimant  and  occupant  on  said  reservation  ;  to 

Testimony.       hear  any  and  all  proof  offered  by  such  claimants  and  occupants  and  the 
United  States  in  respect  to  said  lands  and  in  respect  to  the  iinprove- 
Eight  of  pur-  ments  thereon  ;  and  to  finally  determine  the  right  of  each  claimant  or 
A*6     raised  occuPant  to  purchase  the  same,  or  any  portion  thereof,  at  the  appraised 
value.  value,  which  shall  be  fixed  by  said  commissioners:  Provided,  however, 

Time  for  filing  That  such  claimants  and  occupants  shall  file  their  claims,  under  the 
claims.  provisions  of  this  act,  before  said  commissioners  within  six  calendar 

months  after  the  first  sitting  of  the  said  board  of  commissioners,  or 
Claims  not  to  their  claims  shall  be  forever  barred;  and  no  claim  shall  be  considered 
red.     which  has  accrued  since  the  twenty- fourth  day  of  April,  eighteen  hun- 
dred and  seventy- six 

Powers  of  com-  SEC.  6.  That  the  said  commissioners  shall  have  power  to  compel  the 
attendance  of  witnesses  and  the  production  of  papers  touching  the  oc- 
cupancy  or  improvements  of  or  on  said  lauds,  or  any  other  mutter  in 
any  wise  belonging  or  appertaining  either  to  the  said  lauds  or  the  im- 
provements thereon ;  t-hall  have  power  to  examine  under  oath  all  wit- 
nesses that  may  come  before  theui,  and  all  testimony  shall  be  reduced 
to  writing,  and  preserved  as  hereinafter  provided. 

Aato  obstruc-      SEC.  7.  That  said  commissioners  shall  have  power  to  remove,  or  cause 

tions.  to  be  removed,  all  buildings  or  obstructions  upon  the  said  Hot  Springs 

reservation  when  the  same  may  be  necessary  to  curry  out  the  provisions 

of  this  act,  as  also  all  obstruciions  to  streets,  alleys  or  roads,  to  be  laid 

off,  straightened  or  widened  as  herein  provided  for. 

As  to  streets.      SEC.  8.  That  the  commissioners  shall  have   power  to  straighten  or 

etc.  widen  any  of  the  present  streets  or  alleys  in  the  town  of  Hot  Springs, 

and  to   layoff  such  additional  streets,  alleys,  and  roads  in  said  Hot 

Springs  reservation,  or  in  the  town,  before  the  sale  or  disposition  of 

any  of  the  property  herein  mentioned,  as  the  convenience  of  the  public 


ARKANSAS.  521 

and  the  interests  of  the  United  States  may  require,  and  for  that  pur- 
pose may  condemn  all  buildings  that  they  may  find  necessary  to  con- 
demn in  order  to  straighten  or  widen  said  streets  and  alleys,  or  to  lay 
off  new  streets,  alleys,  and  roads,  and  also  all  buildings  or  improve- 
ment on  the  reservation  herein  made,  and  to  fix  the  value  on  all  property 
thus  condemned. 

SEC.  9.  That  it  shall  be  the  duty  of  said  commissioners,  without     Report  of  com- 
delay,  to  file  in  the  office  of  the  Secretary  of  the  Interior,  the  map  and  mission, 
survey  herein  provided  for,  with  the  boundary  lines  of  each  claim 
clearly  marked  thereon,  and  with  each  division  and  subdivision  traced 
and  numbered,  accompanied  by  a  schedule,  showing  the  name  of  each 
claimant,  and  of  each  lot  or  parcel  of  land,  the  appraised  value  thereof, 
numbers  to  correspond  with  such  claim  upon  the  map;  also  all  of  the     Evidence    and 
evidence  taken  by  them  respecting  the  claimants'  possessory  right  of  finding, 
occupation  to  any  portion  of  the  Hot  Springs  reservation  and  their 
findings  in  each  case ;  also  their  appraisal  of  each  tract  or  parcel  of    Appraised  val- 
land,  and  the  improvements  thereon  ;  and  it  shall  be  the  duty  of  saidue- 
commissioners  to  issue  a  certificate  to  each  claimant,  setting  forth  the 
amount  of  land  the  holder  is  entitled  to  purchase,  and  the  valuation     Certificates  to 
fixed  thereon,  and  also  showing  the  character  and  the  valuation  fixed  claimants, 
upon  the  improvements  of  said  tract  or  parcel  of  land,  and  to  issue  a  cer- 
tificate or  certificates  to  all  persons  whose  improvements  are  condemned, 
as  herein  provided,  showing  the  value  of  said  improvements,  (a) 

SEC  10    That  it  shall  be  the  duty  of  the  Secretary  of  the  Interior,     Lands  may  be 
within  thirty  days  alter  said  commissioners  file  said  report  and  map  in  entered  and  pat- 
his  office,  to  instruct  the  United  States  land  officers  of  Little  Rock  en 
(Arkansas)  land  district  to  allow  said  lands  to  be  entered  as  hereinafter 
provided,  and  to  cause  a  patent  to  issue  therefor;  and  it  shall  be  the 
duty  of  the  land  officers  authorized  to  sell  said  lands  to  give  twenty     Public    notice 
days  public  notice  in  the  Little  Rock  and  Hot  Springs  newspapers  that  to  be  given, 
said  lands  are  subject  to  entry  in  accordance  with  the  provisions  of  this 
act. 

SEC.  11.  That  any  claimant  or  occupant,  his  heirs  or  legal  represent-     Claimants     to 
atives,  in  whose  favor  said   commissioners  have   adjudicated,   shall,  ^ave  rV?nt  to  |n- 
under  such  rules  and  regulations  as  the  Secretary  of  the  Interior  may  lands" 
prescribe,  have  the  sole  right  to  enter  and  pay  for,  at  the  price  fixed  by 
said  commissioners,  the  amount  of  land  the  commissioners  had  adjudged 
that  they  were  entitled  to  purchase,  at  any  time  within  twelve  months     Time    allowed 
next  after  the  land  officers  give  the  public  notice  herein  required.  for  Purchase- 

SEC.  12.  That  upon  the  failure  of  any  claimant  or  occupant  in  whose     On   failure  of 
favor  the  commissioners  have  adjudged  to  pay  the  valuation  fixed  upon  claimant  to  pur- 
said  land  within  the  time  and  in  the  manner  herein  prescribed,  then  ^ b^BolS'afaSf 
said  lauds,  together  with  all  other  lands  that  no  one  has  #n  adjudicated  tion. 
right  to  purchase  under  this  act,  shall  be  sold,  by  direction  of  the  Sec- 
retary of  the  Interior,  to  the  highest  bidder  at  public  sale  for  not  less 
than  the  appraised  value  thereof  at  the  land  office  at  Little  Rock,  after 
notice  of  such  sale  has  been  advertised  three  months  in  some  newspaper    Notice  of  sale, 
in  the  town  of  Hot  Springs  and  in  such  other  papers  as  he  may  desig-     Disposition  of 
n ate,  said  lands  and  improvements  to  be  sold  together;  and  thepro-pro' 
ceeds  arising  from  the  sale  thereof  shall  be  paid  to  the  receiver  of  pub- 
lic moneys  at  the  land  office  in  Little  Rock,  Arkansas. 

SEC.  13.  That  any  claimant  or  occupant  who  does  not  desire  to  pur-      Improvements 
chase  the  lands  adjudicated  to  him  or  her  at  the  valuation  fixed  by  said  may  be  removed, 
commissioners  shall  have  the  right  to  remove  any  improvements  made 
on  said  land,  at  his  or  her  own  cost,  before  the  time  fixed  for  the  pay- 
ment for  said  lands. 

SEC.  14.  That  the  money  arising  from  the  sale  of  the  lands  shall  be  paid     Disposition  of 
into  the  Treasury  in  the  same  manner  as  other  moneys  arising  from  the  pro 
sale  of  public  lauds,  and  held  for  the  purpose  herein  specified  and  at 
the  further  disposal  of  Congress;  and  the  money  arising  from  water     Water  rents, 
rents  shall  be  under  the  control  of  the  Secretary  of  the  Interior,  and 
expended  by  him  for  the  purposes  hereinbefore  stated,  an  account  of 
which  shall  be  annually  rendered  to  Congress,  showing  the  amount     Report  to  Con- 
received,  the  amount  expended,  and  the  amount  remaining  on  hand  atgre88- 
the  end  of  each  fiscal  year.  (&) 

SEC.  15.  That  the  United  States  marshal  for  the  judicial  district  of    Marshal  to  ex- 
Arkansas,  in  which  the  Hot  Springs  may  be  situated  shall  execute  all  ecute  processes, 
processes  required  to  be  executed  by  this  act. 


522  ARKANSAS. 

Term  of  office     SEC.  16.    That  said  commissioners  shall  hold  their  offices  for  the  pe- 
°r8    commissi011-  riod  of  one  year  from  the  date  of  appointment,  and  shall  have  power  to 
employ  competent  engineers  to  make  the  maps  and  surveys  herein  pro- 
Employes,         vided  for,  at  a  reasonable  compensation  ;  to  employ  a  stenographer,  who 
shall  also  act  as  clerk,  at  a  compensation  of  not  more  than  eight  dollars 
per  day,  to  rent  an  office  and  purchase  the  necessary  stationery ;  and 
Compensation  tlie  compensation  of  said  commissioners  shall  be  ten  dollars  per  day 
'  each,  all  of  which  shall  be  paid  by  the  Secretary  of  the  Interior  upon 
the  certified  vouchers  of  said  commissioners,  (a) 

Hot  Springs     SEC.  17.  That  the  right  of  way  be,  and  the  same  is  hereby,  granted 

innvto    hameto  tbe  Hot  Springs  Railroad  Company,  a  company  duly  incorporated 

right  of  way.        an(^  organized  under  the  laws  of  the  State  of  Arkansas,  to  construct, 

maintain,  and  operate  its  line  of  railroad  upon,  over,  and  across  the  Hot 

Springs  reservation  in  the  State  of  Arkansas,  as  follows : 

Route  of  rail-  Commencing  on  the  east  line  of  the  south  half  of  section  thirty-three, 
in  township  two  south  of  the  base  line,  in  range  nineteen  west  of  the 
fifth  principal  meridian,  in  the  county  of  Garland,  and  State  of  Arkan- 
sas, at  a  point  about  six  hundred  feet  from  the  southeast  corner  of  said 
section  ;  thence  running  up  a  ravine  parallel  to  and  south  of  the  Benton 
wagon  road,  westwardly  through  said  section,  to  a  point  where  the 
same  will  intersect  with  the  Malvern  stage  road  at  a  point  south  of  the 
grave-yard  on  said  reservation. 

Width  of  grant.      SEC.  18.  The  right  of  way  hereby  granted  shall  consist  of  a  strip  of 
ILand  for  shops,  |an(j  fifty  feet  wide  on  each  side  of  said  railroad,  measured  from  the 
centre  line  thereof,  from  the  point  on  the  east  line  of  said  section  of 
land  where  said  railroad  enters  the  same  to  the  terminus  of  the  track 
of  said  road  :  Provided,  That  said  railway  company  may  purchase  upon 
the  same  terms  as  individuals  land  for  shops,  depots,  and  other  pur- 
Proviso,  poses,  not  exceeding  twenty  acres :   Provided,  however,  That  Congress 

may  at  any  time  alter,  amend,  or  repeal  this  section,  (c) 

Land  for  pub-      SEC.  19.  That  a  suitable  tract  of  land,  not  exceeding  five  acres  shall 

Garla^U?88  tv°  be  ISL^  off  by  8aid  commissioners,  and  the  same  is  hereby  granted  to  the 

m^f'  county  of  Garland  in  the  State  of  Arkansas  as  a  site  for  the  public 

building  of  said  county  :  Provided,  That  the  tract  of  land  hereby  granted 

shall  not  be  taken  from  the  land  reserved  herein  for  the  use  of  the 

United  States. 

(a)  See  Nos.  1186,  1253,  1259, 1260, 1262, 1263. 

(b)  See  Nos.  421, 1160, 1178, 1200, 1230, 1236, 1245, 1255, 1261. 

(c)  See  Nos.  1086, 1120,  1122,  1131, 1133, 1134, 1246, 1248, 1249,  1250, 1251, 1252, 1258. 


June  20,  1878.     No.  1259. — AN  ACT  making  appropriations  for  sundry  civil  expenses  of  the  Gov' 
Vol.  20,  p.  230.         ernment  for  the  year  ending  June  thirtieth,  eighteen  hundred  and  seventy-nine,  and 
for  other  purposes. 


Be  it  enacted, 

Hot  Springs.  Not  exceeding  one  acre  now  occupied  by  them  for  a  period  of  ten 
Bath-houses,  years  unless  otherwise  'provided  by  law  at  an  annual  rental  of  one 
thousand  dollars.  And  he  is  further  directed  to  lease  the  bath-houses 
of  a  permanent  nature  now  upon  the  Hot  Springs  reservation,  to  the 
owners  of  the  same  and  lease  to  any  person  or  persons,  upon  such  terms 
as  may  be  agreed  on,  sites  for  the  building  of  other  bath-houses,  for 
the  term  of  five  years,  unless  otherwise  provided  by  law,  under  such 
rules  and  regulations  as  he  may  prescribe ;  and  the  tax  imposed  shall 

not  exceed  fifteen  dollars  per  tub  per  annum  including  land  rent,  (a) 
*  *  *  *  #  *  * 

(a)  See  Nos.  1186, 1253, 1258, 1260, 1262, 1263. 


Dec.  16,  1878.     No.  1260.— AN  ACT  to  correct  an  error  of  enrollment  in  bill  making  appropriations 
Vol.  20,  p.  258.        for  sundry  civil  expenses  of  the  Government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  seventy-nine,  and  for  other  purposes. 

Appropriation.      Be  it  enacted,  $-c.,  That  the  sum  of  twenty- seven  thousand  five  hun- 
dred dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appro- 
priated to  pay  for  clerk  hire,  engineeiing,  marshal's  fees,  salaries,  and 
Hot  Springs  other  expenses  of  the  Hot  Springs  commission;  and  the  President  of 
Commission.         tj,e  United  States  be,  and  he  is  hereby,  authorized  to  appoint  with  the 
c-   advice  and  consent  of  the  Senate,  three  discreet,  competent,  and  disin- 
terested persons,  who  shall  constitute  a  board  of  commissioners,  any 
Term  of  office,  two  of  whom  shall  constitute  a  quorum,  who  shall  hold  their  offices  for 
the  period  of  one  year  from  the  date  of  their  appointment,  and  shall 


ARKANSAS.  523 

have  the  same  powers  and  authority  in  all  respects  as  was  provided  for 
the  commissioners  appointed  under  the  act  of  Congress  approved  March 
third,  eighteen  hundred  and  seventy-seven,  entitled  "An  act  in  relation 
to  the  Hot  Springs  reservation  in  the  State  of  Arkansas ; "  which  act  is 
hereby  revived  and  continued  in  full  force  for  the  purpose  of  enabling 
said  board  of  commissioners  to  take  possession  of  all  records,  papers, 
and  proofs,  and  to  determine  the  claims  presented  to  the  board  of  com- 
missioners appointed  under  said  act,  whose  term  of  office  has  expired, 
and  to  do  and  perform  all  other  acts  and  duties  authorized  by  said  act. 
And  the  Secretary  of  the  Interior  is  hereby  directed  to  lease  to  the 
present  proprietors  of  the  Arlington  Hotel  or  their  assigns  the  grounds,     Arlington  Ho- 
not  exceeding  one  acre,  now  occupied  by  them,  for  a  period  of  ten  years, tel  grounds, 
unless  otherwise  provided  by  law,  at  an  annual  rental  of  one  thousand 
dollars.    And  he  is  further  directed  to  lease  the  bath-houses  of  a  per-     Bath-houses, 
manent  nature  now  upon  the  Hot  Springs  reservation  to  the  owners  of 
the  same,  and  lease  to  any  person  or  persons  upon  such  terms  as  may 
be  agreed  on,  sites  for  the  building  of  other  bath-houses  for  the  term  of 
five  years,  unless  otherwise  provided  by  law,  under  such  rules  and  regu- 
lations as  he  may  prescribe ;  and  the  tax  imposed  shall  not  exceed     Tax. 
fifteen  dollars  per  tub  per  annum,  including  land  rent :  Provided,  That 
said  leases  shall  in  no  way  prejudice  any  legal  right  that  any  person  or 
persons  may  have  acquired  under  the  act  hereby  revived  and  continued, 
to  any  improvements  on  said  ground :  And  provided  further,  That  to     Limit  to  bath- 
prevent  monopoly,  no  bath-house  or  hotel  shall  be  supplied  with  more  tubs, 
than  enough  water  for  forty  bath-tubs  of  the  usual  size,  unless  there 
shall  be  more  than  enough  hot  water  to  supply  all  other  demands  for 
the  same,  in  which  case  no  single  establishment  shall  be  allowed  more 
than  forty  bath-tubs  of  the  usual  size:  And  provided  further,  That  the     Free  baths, 
superintendent  shall  provide  and  maintain  a  sufficient  number  of  free 
baths  for  the  use  of  the  indigent,  and  the  expense  thereof  shall  be  de- 
frayed out  of  the  rentals  hereinbefore  provided  for. 

In  cases  where  fractions  of  lots  are  made  by  straightening,  widening,     Fractions      of 
or  laying  out  streets,  the  commissioners  shall  have  power  to  determine  lots, 
the  disposal  of  the  same,  giving  the  preference  to  the  owners  of  abutting 
lots  :  Provided,  That  all  titles  given  or  to  be  given  by  the  United  States     Conditions    of 
shall  explicitly  exclude  the  light  to  the  purchaser  of  the  land,  his  heirs  titles. 
or  assigns,  from  ever  boring  theieon  for  hot  water;  and  the  Hot  Springs, 
with  the  reservation  and  mountain  are  hereby  dedicated  to  the  United 
States,  and  shall  remain  forever  free  from  sale  or  alienation,  (a) 

(a)  See  Nos.  1186,  1253,  1258,  1259,  1262,  1263. 


No.  1261.— AN  ACT  subjecting  the  Fort  Wayne  military  reservation  in  the  State      jan,  30,1879. 
of  Arkansas  to  entry  as  other  public  lands  in  said  State.  Vol.  20,  p.  276. 


Be  it  enacted,  $-c. ,  That  all  the  lauds  embraced  in  the  Fort  Wayne  niili-  port  Wayne 
tary  reservation  in  the  State  of  Arkansas  be,  and  the  same  are  hereby,  reservation,  Ar- 
opened  and  made  subject  to  entry  as  other  public  lands  in  said  State  kansas,  restored 
under  existing  laws :  Provided,  That  all  persons  owning  improvements 
on  said  reservation  at  the  time  of  the  passage  of  this  act  shall  have  a 
prior  right  to  enter  the  same  at  any  time  within  six  months  after  this 
act  goes  into  effect,  (a) 

SEC.  2.  That  the  Commissioner  of  the  General  Land  Office  be,  and    Instructions, 
hereby  is,  authorized  to  issue  the  instructions  necessary  to  carry  the 
provisions  of  this  act  into  effect. 

(a)  See  Nos.  421, 1160, 1178, 1200, 1230, 1236, 1245, 1255, 1258. 


l¥o.  1262.— JOINT  RESOLUTION  touching  the  Hot  Springs  reservation  in  the     Jan.  14, 1880. 
State  of  Arkansas.  Vol.  21,  p.  299. 


Resolved,  #c.,  That  the  time  allowed  the  Secretary  of  the  Interior  to  in-     Time  extended 
struct  the  United  States  land  officers  at  Little  Rock,  Arkansas,  under  sec-  for  60  days, 
tion  ten  of  the  act  of  March  third,  eighteen  hundred  and  seventy-  seven,  en- 
titled "  An  act  in  rel  tion  to  the  Hot  Springs  reservation  in  the  State  of 
Arkansas,"  be  extended  for  the  period  of  sixty  days  from  the  passage  of 
this  resolution,  and  all  further  proceedings  under  said  act  be  suspended 
until  that  time,  (a) 

(a)  See  Nos.  1186, 1253, 1258, 1259, 1260, 1263. 


524  ARKANSAS. 

June  16,  1880.      No.  1263.— AN  ACT  for  the  establishment  of  titles  in  Hot  Springs,  and  for  other 
Vol.  21,  p.  288.  purpose's. 


Persons  in     Beit  enacted,  $c.,  That  any  person,  his  heirs  or  legal  representatives, 
•whose  favor  com-  in  whose  favor  the  commissioners  appointed  under  the  acts  of  Congress 
missioners   have  of  eighteen  hundred  and  seventy-seven  and   eighteen  hundred  and 
Fe0right°of  en6  seventy-eight,  relative  to  the  Hot  Springs  of  Arkansas,  have  adjudi- 
try  -within  eight-  cated,  shall  have  the  sole  right  to  enter  and  pay  for  the  amount  of  land 
een  months.          the  commissioners  may  have  adjudged  him  entitled  to  purchase,  within 
eighteen  months  next  after  the  expiration  of  the  notice  required  by 
the  tenth  section  of  the  act  of  Congress  of  March  third  eighteen  hun- 
dred and  seventy -seven,  to  be  given  by  paying  to  the  receiver  of  public 
moneys  at  the  land  office  in  Little  Rock,  Arkansas,  forty  per  centum  of 
the  assessed  value  of  said  land  as  placed  thereon  by  said  commissioners ; 
Assessments  an(^  that  such  assessments  be  reduced  to  that  extent :  and  that  in  any 
reduced.  cases  where  any  church  or  church  association  has  been  adjudged  entitled 

to  purchase  land  it  may  do  so  by  paying  five  dollars  per  lot. 

Certificates     SEC.  2.  That  the  certificates  (except  certificate  number  one  hundred 
(except  those  is-  and  sixty-two,  issued  to  Samuel  H.  Stitt,  DeWitt  C  Rugg,  and  Samuel 
sued  to    S.    H,  W.Fordyce  for  twenty-two  thousand  dollars,  which  exceptions  shall  not 
Rue"  and  s  wl  prejudice  the  rights  of  the  United  States  or  the  holders  of  said  certifi- 
Fonfyce,)  receiv-cate.)  issued  for  condemned  buildings  by  said  commissioners  be  made 
able  in  payment  receivable  for  the  amounts  named  therein  as  so  many  dollars  lawful 
money  of  the  United  States  in  the  entry  and  purchase  of  the  lands  that 
may  be  sold  in  the  Hot  Springs  reservation ;  and  that  such  certificates 
be  assignable,  and  when  assigned  in  the  presence  of  two  subscribing 
witnesses  or  the  execution  of  the  assignment  thereof  shall  have  been 
acknowledged  before  a  court  of  record  or  clerk  thereof,  the  land  officers 
in  like  manner  shall  receive  them  from  the  assignee  in  payment  of  lands 
purchased  by  himself  or  others ;  and  in  case  the  amount  of  the  certifi- 
cate presented  and  received  at  such  land  office  shall  exceed  that  neces- 
sary to  make  the  purchase  and  entry  desired,  there  shall  be  executed 
by  the  register  and  receiver,  and  delivered  to  the  person  from  whom 
the  same  is  received,  a  certificate  giving  the  number  of  the  original,  the 
date  and  amount  thereof,  the  balance  due  such  person  thereon,  and  the 
certificate  thus  issued  shall  be  assignable  and  receivable  in  like  manner 
as  the  original,  and  in  all  cases  where  such  certificates  are  issued  the 
register  of  the  land  office  shall  certify  on  the  original  certificate  taken 
up,  the  number  of  the  lots  purchased  therewith,  and  the  price  thereof. 
Certain  dis-      SEC.  3.  That  those  divisions  of  the  Hot  Springs  reservation,  known 
tricts    dedicated  as  the  mountainous  districts,  not  divided  by  streets  on  the  maps  made 
to  public  use.       jjv  tne  commissioners,  but  known  and  defined  on  the  map  and  in  the 
report  of  the  commissioners  as  North  Mountain,  West  Mountain,  and 
Sugar  Loaf  Mountain,  be,  and  the  same  are  hereby  forever  reserved  from 
sale,  and  dedicated  to  public  use  as  parks,  to  be  known,  with  Hot 
Springs  Mountain,  as  the  permanent  reservation. 

Cemetery.  SEC.  4.  That  whenever  the  town  of  Hot  Springs  shall  procure  else- 

where a  suitable  burying-ground  and  shall  cause  the  bodies  now  buried 
in  the  cemetery  lot,  within  the  limits  of  said  town,  to  be  decently 
removed  and  reinterred,  the  title  to  said  cemetery  lot  shall  vest  in  the 
corpoiation  of  said  town,  to  be  held  and  used  forever  as  a  town  or  city 
park,  and  not  otherwise. 

Secretary  of     SEC.  5.  That  the  Secretary  of  the  Interior  is  hereby  authorized  to 
Interior  to  desig- designate  six  lots  from  the  una warded  grounds  on  the  Hot  Springs 
nate  six  lots  for  reservation  for  the  use  of  the  common  schools  of   the  corporation  of 
the  town  of  Hot  Springs,  as  sites  for  school  houses,  and  the  lots  when 
so  designated  are  hereby  dedicated  to  the  use  of  common  schools,  and 
shall  be  used,  controlled,  and  managed  by  the  common  school  officials 
of  the  district  in  which  they  may  be  located  for  such  purposes  only. 
To  convey  to  The  Secretary  of  the  Interior  is  also  authorized  to  convey  to  the  Baptist 
Baptist  Church.  Church  of  Hot  Springs,  whose  church  edifice  was  destroyed  by  fire,  a 
suitable  lot  of  ground  not  exceeding  one-eighth  of  an  acre  from  that 
portion  of  the  Hot  Springs  reservation  laid  oil  into  lots  aud  blocks,  and 
forming  part  of  the  town  site  but  not  awarded  to  any  claimants  and 
not  otherwise  disposed  of  by  this  act  said  conveyance  to  be  on  con- 
sideration of  the  payment  of  a  sum  equal  to  ten  dollars  per  acre  for 
said  lot. 

Streets      and      SEC.  6.  That  the  streets,  courts,  and  alleys  and  other  thoroughfares 

other   thorough-  of  the  town  of  Hot  Springs,  as  surveyed,  opened,  or  established  by  the 

fares    ceded    to  commissioners  and  represented  on  the  map  of  said  town,  and  not  in- 

tlon>         eluded  in  the  permanent   reservation,  be,  and  the  same   are  hereby, 


ARKANSAS.  525 

ceded  to  the  corporation  of  the  town  of  Hot  Springs  for  public  use: 
Provided  however  That  nothing  in  this  act  shall  be  so  construed  as  to 
impair  the  rights  or  equities  conferred  upon  claimants  to  said  lands  by 
an  act  of  Congress  approved  March  third,  eighteen  hundred  and  seventy  - 
seven,  and  an  act  approved  December  sixteenth  eighteen  hundred  and 
seventy -eight,  in  relation  to  the  Hot  Springs  reservation  in  the  State  of 
Arkansas. 

SEC.  7.  That  that  portion  of  the  Hot  Springs  reservation  laid  off  into     Lots  not  award- 
lots  and  blocks  and  forming  part  of  the  town  site,  but  not  awarded  to  ed  or  otherwise 
any  claimants,  and  not  otherwise  disposed  of  or  reserved  by  this  act,  disposed  of  to  be 
shall  be  sold  at  public  auction  to  the  highest  bidder,  at  not  less  than  JJotion 
its  appraised  value,  to  be  made  from  time  to  time,  at  the  discretion  and 
under  the  direction  of  the  Secretary  of  the  Interior,  and  after  public 
notice  in  the  usual  way  in  the  sale  of  public  lands ;  and  the  money 
arising  from  said  sales,  as  well  as  any  money  paid  in  under  section  one 
of  this  act,  shall  be  held  as  a  special  fund  for  the  improvement  and 
care  of  the  permanent  reservation  at  Hot  Springs  and  of  the  Hot  Springs    Disposition  of 
Creek  adjacent  to  and  between  the  permanent  reservations,  and  for  the  proceeds  of  sale, 
maintenance  of  free  baths  for  the  invalid  poor  of  the  United  States,  as 
provided  by  acts  of  Congress,  (a) 

(a)  See  Nos.  1186, 1253, 1258, 1259, 1260, 1262. 


MISSISSIPPI. 


April  7,  1798.     Wo.  1264.— AN  ACT  for  an  amicable  settlement  of  limits  with  the  State  of  Geor- 
Vol.  1,  p.  549.        gia>  and  authorizing  the  establishment  of  a  government  in  the  Mississippi  Territory. 


President  au-  -^e  ^  enacted,  $c.,  That  the  President  of  the  United  States  be,  and  he 
thorized  to  ap-  hereby  is  authorized  to  appoint  three  commissioners ;  any  two  of  whom 
point  commis-  shall  have  power  to  adjust  and  determine  with  such  commissioners  as 
thene?nterferiif  *  ma-Y  be  appointed  under  the  legislative  authority  of  the  State  of  Georgia, 
claims  to  certain  all  interfering  claims  of  the  United  States  and  that  State,  to  territory 
territory.  situate  west  of  the  river  Cbatahouchee,  north  of  the  thirty-first  degree 

And  to  receive  °^  nortn  latitude,  and  south  of  the  cession  made  to  the  United  States 
proposals  for  the  ^J  South  Carolina :  and  also  to  receive  any  proposals  for  the  relinqnish- 
cession  of  other  rnent  or  cession  of  the  whole  or  any  part  of  the  other  territory  claimed 
territory  claimed  by  the  State  of  Georgia,  and  out  of  the  ordinary  jurisdiction  thereof. 

SEC.  2.  Be  it  further  enacted,  That  all  the  lands  thus  ascertained  as  the 
Lands  ascer-  property  of  the  United  States,  shall  be  disposed  of  in  such  manner  as 
tained  to  be  the  snall  be  hereafter  directed  by  law;  and  the  nett  proceeds  thereof  shall 
^'nited^St'ates  be  applied  to  the  sinking  and  discharging  the  publicdebt  of  the  United 
how  to  be  dis-  States,  in  the  same  manner  as  the  proceeds  of  the  other  public  lands  in 
posed  of.  the  territory  northwest  of  the  river  Ohio. 

Certain  terri-  SEC.  3.  Be  it  further  enacted,  That  all  that  tract  of  country  bounded  on 
tory  ^  cousti1-  ^De  west  by  the  Mississippi ;  on  the  north  by  a  line  to  be  drawn  due  east 
tuted  a  district,  from  the  mouth  of  the  Yasous  to  the  Chatahouchee  River ;  on  the  east 
to  be  called  the  by  the  river  Chatahouchee;  and  on  the  south  by  the  thirty-first  degree 
ri2Sy  Br~ of  north  latitude,  shall  be,  and  hereby  is  constituted  one  district,  to  be 

called  the  Mississippi  Territory  :  and  the  President  of  the  United  States 
President    au-  js  hereby  authorized  to  establish  therein  a  government  in  all  respects 
lislia    govern-  similar  to  that  now  exercised  in  the  territory  northwest  of  the  river  Ohio, 
ment  and  ap-  excepting  and  excluding  the  last  article  of  the  ordinance  made  for  the 
point    officers  government  thereof  by  the  late  Congress  on  the  thirteenth  day  of  July, 
one  thousand  seven  hundred  and  eighty-seven,  and  by  and  with  the 
advice  and  consent  of  the  Senate  to  appoint  all  the  necessary  officers 
therein,  who  shall  respectively  receive  the  same  compensations  for  their 
services;  to  be  paid  in  the  same  manner  as  by  law  established  for  sim- 
ilar officers  in  the  territory  northwest  of  the  river  Ohio ;  and  the  pow- 
ers, duties  and  emoluments  of  a  superintendent  of  Indian  affairs  for  the 
southern  department,  shall  be  united  with  those  of  governor :  Provided 
always,  That  if  the  President  of  the  United  States  should  find  it  most 
expedient  to  establish  this  government  in  the  recess  of  Congress,  he 
shall  nevertheless  have  full  power  to  appoint  and  commission  all  offi- 
cers herein  authorized;  and  their  commissions  shall  continue  in  force 
until  the  end  of  the  session  of  Congress  next  ensuing  the  establishment 
of  the  government. 

c  SEC.  4.  Be  it  further  enacted,  That  the  Territory  hereby  constituted  one 

hereaiter^divide  district  for  the  purposes  of  government,  may  at  the  discretion  of  Con- 
it  into  two  dis-  gress  be  hereafter  divided  into  two  districts,  with  separate  Territorial 
tricts.  governments  in  each,  similar  to  that  established  by  this  act. 

SEC.  5.  Beit  further  enacted,  That  the  establishment  of  this  government 

.^ing  °f  the  gfoall  in  no  respect  impair  the  right  of  the  State  of  Georgia,  or  of  any 

2«l  of    imlivld*  Person  or  persons  either  to  the  jurisdiction  or  the  soil  of  the  said  Terri- 

uals  to  the  juris-  tory,  but  the  rights  and  claims  of  the  said  State  and  of  all  persons  in- 

tlietion     of'  soil  terested,  are  hereby  declared  to  be  as  firm  and  available,  as  if  this  act 

had  never  been  made. 

SEC.  6.  And  be  it  further  enacted,  That  from  and  after  the  establishment 
The  people  of  of  the  said  government,  the  people  of  the  aforesaid  Territory  shall  be  en- 
be  enthledt'o^er^  titled  to  an(1  eDJov  all  and  singular  the  rights,  privileges  and  advantages 
tain  rights,  &c.    granted  to  the  people  of  the  territory  of  the  United  States,  northwest 
526 


MISSISSIPPI.  527 

of  the  river  Ohio,  in  and  by  the  aforesaid  ordinance  of  the  thirteenth 
day  of  July,  in  the  year  one  thousand  seven  hundred  and  eighty-seven, 
in  as  full  and  ample  a  manner  as  the  same  are  possessed  and  enjoyed 
by  the  people  of  the  said  last-mentioned  Territory,  (a) 

******  * 

(a)  See  Nos.  1265,  1285,  1303,  1304,  1306. 


No.  1265.— AN  ACT  supplemental  to  the  act  intituled  "An  act  for  an  amicable  set     May  10, 1800. 
tlement  of  limits  with  the  State  of  Georgia  ;  and  authorizing  the  establishment  of      Vol.  2,  p.  69. 
a  government  in  the  Mississippi  Territory." 

Be  it  enacted,  #c.,  That  so  much  of  the  ordinance  of  Congress  of  the     Organization  of 
thirteenth  of  July,  one  thousand  seven  hundred  and  eighty-seven,  and  Ji8^^  Mfca?- 
of  the  act  of  Congress  of  the  seventh  of  August,  one  thousand  seven  8jppi  Territory, 
hundred  and  eighty- nine,  providing  for  the  government  of  the  territory 
of  the  United  States  northwest  of  the  river  Ohio,  as  relates  to  the  or- 
ganization of  a  general  assembly  therein,  and  prescribes  the  powers 
thereof,  shall  forthwith  operate,  and  be  in  force  in  the  Mississippi  Ter- 
ritory :  Provided,  That  until  tbe  number  of  free  male  inhabitants  of 
full  age,  in  the  said  Territory,  shall  amount  to  five  thousand,  there  shall 
not  be  returned  to  the  general  assembly  more  than  nine  representatives. 
******* 

SEC.  7.  And  be  it  further  enacted,  That  nothing  in  this  act  shall  in  any     Saving  of  the 
respect  impair  the  right  of  the  State  of  Georgia  to  the  jurisdiction,  or  rights  of  Georgia, 
of  the  said  State,  or  of  any  person  or  persons  to  the  soil  of  the  said  JJJg  ot 
Territory,  but  the  rights  and  claims  of  the  said  State,  and  all  persons 
interested,  are  hereby  declared  to  be  as  fiim  and  available  as  if  this  act 
had  never  been  made,  (a) 

******* 

SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the   .The  com  mis- 
commissioners  appointed,  or  who  may  hereafter  be  appointed  on  the  part  ^ited  States 
of  the  United  States,  in  pursuance  of  the  act,  intituled  "An  act  for  an  may  finally  settle 
amicable  settlement  of  limits  with  the  State  of  Georgia ;  and  author-  with  Georgia  by 
izing  the  establishment  of  a  government  in  the  Mississippi  Territory,"  compromise, 
or  any  two  of  them,  finally  to  settle  by  compromise  with  the  commis- 
sioners, which  have  been  or  may  be  appointed  by  the  State  of  Georgia, 
any  claims  mentioned  in  said  act,  and  to  receive  in  behalf  of  the  United 
States  a  cession  of  any  lands  therein  mentioned,  or  of  the  jurisdiction 
thereof,  on  such  terms  as  to  them  shall  appear  reasonable :  and  also,     They  may  in- 
that  the  said  commissioners  on  the  part  of  the  United  States,  or  any  two  2Sms  of  individ^ 
of  them,  be  authorized  to  inquire  into  the  claims  which  are  or  shall  beuais> 
made   by  settlers  or  any  other  persons  whatsoever,  to  any  part  of  the 
aforesaid  lands,  and  to  receive  from  such  settlers  and  claimants  any 
propositions  of  compromise  which  may  be  made  by  them,  and  lay  a  full 
statement  of  the  claims  and  the  propositions  which  may  be  made  to 
them  by  the  settlers  or  claimants  to  any  part  of  the  said  lands,  together 
with  their  opinion  thereon,  before  Congress,  for  their  decision  thereon, 
as  soon  as  may  be :  Provided,  That  the  settlement  shall  be  made  and    Provisos, 
completed  before  the  fourth  day  of  March,  one  thousand  eight  hundred 
and   three :  And  provided  also,  That  the  said  commissioners  shall  not 
contract  for  tbe  payment  of  any  money  from  the  Treasury  of  the  United 
States  to  the  State  of  Georgia,  other  than  the  proceeds  of  the  same 
lands.  (&) 

(a)  See  Nos.  1264, 1285, 1303, 1304, 1306. 

(6)  See  Nos.  718,  723,  731,  737,  745,  753,  1067, 12C6, 1268,  1270, 1271, 1275,  1276, 1284,  1286, 

1287,  1292, 1294, 1296, 1299, 1300,  1310, 1318, 1322,  1324, 1333,  1334, 1336,  1386,  1388, 

1399. 


No.    1266.— AN  ACT  regulating  the  grants  of  land,  and  providing  for  the  disposal     March  3, 1803. 
of  the  lands  of  the  United  States,  south  of  the  State  of  Tennessee.  Vol.  2,  p.  229. 


Be  it  enacted,  #c.,  That  any  person  or  persons,  and  the  legal  represent-     Kesidents  in 
atives  of  any  person  or  persons,  who  were  resident  in  the  Mississippi  the  Mississippi 
Territory  on  the  twenty-seventh  day  of  October,  in  the  year  one  thou-  firmed  hi  their 
sand  seven  hundred  and  ninety-five,  and  who  had  prior  to  that  day  ob-  Ciaim8. 
tained,  either  from  the  British  Government  of  West  Florida  or  from  the 
Spanish  Government,  any  warrant  or  order  of  survey  for  lands  lying 
within  the  said  Territory,  to  which  the  Indian  title  had  been  extin- 


528  MISSISSIPPI. 

guished,  and  which  were  on  that  day  .actually  inhabited  and  cultivated 
by  such  person  or  persons,  or  for  his  or  their  use,  shall  be  confirmed  in 
their  claims  to  such  lands  in  the  same  manner  as  if  their  titles  bad  been 
Proviso.  completed  :  Provided,  however,  That  no  such  incomplete  title  shall  be 

confirmed,  unless  the  person  in  whose  name  such  warrant  or  order  of 
survey  had  been  granted,  was  at  the  time  of  its  date  either  the  head  of 
a  family,  or  above  the  age  of  twen'y-one  years. 

Grants  to  in-  SEC  2.  And  be  it  further  enacted,  That  to  every  person,  or  to  the  legal 
habitants  wlere  representative  or  representatives  of  every  person  who,  being  either  the 
evacuated0 b^  the  tead  of  a  familv>  or  of  twenty-one  years  of  age,  did  on  that  day  of  the 
Spaniards.  year  seventeen  hundred  and  ninety-seven,  when  the  Mississippi  Terri- 

tory was  finally  evacuated  by  the  Spanish  troops,  actually  inhabit  and 
cultivate  a  tract  of  land  in  the  said  Territory,  not  claimed  by  virtue 
either  of  the  preceding  section,  or  of  any  British  grant,  or  of  the  articles 
of  agreement  and  cession  between  the  United  States  and  the  State  of 
Georgia,  the  said  tract  of  land  thus  inhabited  and  cultivated,  shall  be 
Limitations.  granted :  Provided,  however,  That  not  more  than  one  tract  shall  be  thus 
granted  to  any  one  person,  and  the  same  shall  not  contain  more  than 
six  hundred  and  forty  acres:  And  provided  also,  That  this  donation  shall 
not  be  made  to  any  person  who  claims  any  other  tract  of  land  in  the 
said  Territory  by  virtue  of  any  British  or  Spanish  grant,  or  order  of 
survey. (a) 

Residents  en-  SEC.  3.  And  be  it  further  enacted,  That  every  person,  and  the  legal 
titled  to  a  prefer-  representatives  of  every  person,  who  being  the  head  of  a  family,  or 
ence  i  as-  above  the  age  of  twenty  one  years,  doth  at  the  time  of  passing  this  act, 

inhabit  and  cultivate  a  tract  of  land  in  the  said  Territory,  not  claimed  by 
virtue  of  the  preceding  sections  of  this  act,  or  of  any  British  grant,  or 
of  the  articles  of  agreement  and  cession  above  mentioned,  shall  be  en- 
titled to  a  preference  in  becoming  the  purchaser  from  the  United  States, 
of  such  tract  of  laud,  at  the  price  at  which  the  other  lands  of  the 
United  States  in  the  said  Territory,  are  by  this  act  directed  to  be  sold; 
and  payment  may  be  made  therefor  in  the  same  manner,  and  under  the 
Without  inter- same  conditions,  as  directed  by  this  act  for  such  other  lands  :  Provided, 
st     on     instal-  ftotcerej1,  that  no  interest  shall  be  charged  upon  any  of  the  instalments 

until  they  respectively  become  payable.  (6) 

Two     land      SEC.  4.  And  be  it  further  enacted,  That  for  the  disposal  of  the  lands  of 
offices  in  the  Mis-  the  United  States  within  the  Mississippi  Territory,  two  land  offices  shall 
n"  be  established  in  the  same,  one  at  such  place  in  the  county  o*  Adams, 
as  shall  be  designated  by  the  President  of  the  United  States,  for  the 
lands  lying  west  of  "  Ptarl  River,"  sometimes  called  "half-way  river;  'r 
and  one  at  such  place  in  the  county  of  Washington,  as  shall  be  desig- 
nated by  the  President  of  the  United  States,  for  the  lands  lying  east  of 
Register  and  Pearl  River :  and  for  each  of  the  said  offices,  a  register  and  receiver  of 
c^monevs    in  Pu^>lic  monies  shall  be  appointed,  who  shall  give  security  in  the  same 
each.        *  manner,  and  in  the  same  sums,  and  whose  duties  and  authority  shall  in 

Security.  every  respect  be  the  same  in  relation  to  the  lands  which  sha'll  be  dis- 

posed of  at  their  offices,  as  are  by  law  provided  in  relation  to  the  regis- 
ters and  the  receivers  of  public  monies  in  the  several  offices  established 
for  the  disposal  of  the  lands  of  the  United  States,  north  of  the  river 
Ohio,  and  above  the  mouth  of  Kentucky  River,  (c) 

Claimants  and  SEC.  5.  And  be  it  further  enacted,  That  every  person  claiming  lands  by 
residents  to  state  virtue  of  any  British  grant,  or  of  the  three  first  sections  of  this  act,  or 
their  claims  be-  of  tbe  articles  of  agreement  and  cession  between  the  United  States  and 
1804.  the  State  of  Georgia,  shall,  before  the  last  day  of  March  in  the  year 

one  thousand  eight  hundred  and  four,  deliver  to  the  register  of  the  land 
office,  within  whose  district  the  land  may  be,  a  notice  in  writing,  stat- 
ing the  nature  and  extent  of  his  claims,  together  with  a  plot  of  the  tract 
or  tracts  claimed,  and  shall  also,  on  or  before  that  day,  deliver  to  the 
To  be  recorded,  said  register,  for  the  purpose  of  being  recorded,  every  grant,  order  of 
survey,  deed,  conveyance,  or  other  written  evidence  of  his  claim,  and 
the  same  shall  be  recorded  by  the  said  register,  in  books  to  be  kept  for 
that  purpose,  on  receiving  from  the  parties  at  the  rate  of  twelve  and  a 
half  cents,  for  every  hundred  words  contained  in  such  written  evidence 
Xeglect  there-  of  their  claim  ;  and  if  such  person  shall  neglect  to  deliver  such  notice 
of  to  bar  their  in  writing,  of  his  claim,  together  with  a  plot  as  aforesaid,  or  cause  to 
claims.  be  recorded  such  written  evidence  of  the  same,  all  his  right,  so  far  as 

the  same  is  derived  from  the  above-mentioned  articles  of  agreement,  or 
from  the  three  first  sections  of  this  act,  shall  become  void,  and  forever 
threafter  be  barred ;  nor  shall  any  grant,  order  of  survey,  deed,  con- 
veyance, or  other  written  evidence,  which  shall  not  be  recorded  as  above 


MISSISSIPPI.  529 

directed,  ever  after  be  considered  or  admitted  as  evidence  in  any  court 
in  the  United  States,  against  any  grant  derived  from  the  United  States. 

SEC.  6.  And  be  it  further  enacted,  That  the  register  of  the  land  office    Commissioners 
in  Adams  County,  and  two  other  persons  who  shall  be  appointed  by  appointed  to  set- 
the  President  of  the  United  States  alone,  shall  for  the  lands  lying  west tle  the  claim8' 
of  Pearl  River,  and  the  register  of  the  land  office  of  Washington  County, 
together  with  two  other  persons  who  shall  be  appointed  by  the  Presi- 
dent of  the  United  States  alone,  shall  for  the  lands  lying  east  of  Pearl 
River,  respectively  be  commissioners,  for  the  purpose  of  ascertaining 
the  rights  of  persons  claiming  the  benefit  of  the  articles  of  agreement 
and  cession  between  the  United  States  and  the  State  of  Georgia,  or  of 
the  three  first  sections  of  this  act ;  and  the  said  commissioners  shall, 
previous  to  entering  on  the  duties  of  their  appointment,  respectively 
take  and  subscribe  the  following  oath  or  affirmation,  before  some  per- 
son qualified  to  administer  the  same  :  "  I  do  solemnly  swear     Their  oath  or 
(01*  affirm)  that  I  will  impartially  exercise  and  discharge  the  duties  im-  affirmation, 
posed  upon  me,  by  an  act  of  Congress,  intituled  'An  act  regulating  the 
grants  of  land  and  providing  for  the  disposal  of  the  lands  of  the  United 
States  south  of  the  State  of  Tennessee,'  to  the  best  of  my  skill  and 
judgment."    And  it  shall  be  the  duty  of  the  said  commissioners  to  meet    Dutie8. 
in  the  county  of  Adams,  and  in  Washington  County  aforesaid,  respect- 
ively, on  or  before  the  first  day  of  December  next,  and  they  shall  not 
adjourn  to  any  other  place,  or  for  a  longer  time  than  three  days,  until 
the  first  day  of  April,  one  thousand  eight  hundred  and  four,  and  until 
they  shall  have  completed  the  business  of  their  appointment.    And  each     Powers, 
board,  or  a  majority  of  each  board,  shall,  in  their  respective  districts,     The  determina- 
have  power  to  hear  and  decide  in  a  summary  manner,  all  matters  re-  ti0]1  °f  the  board 
specting  such  claims,  also  to  administer  oaths  and  examine  witnesses, 
and  such  other  testimony  as  may  be  adduced,  and  to  determine  thereon 
according  to  justice  and  equity  ;  which  determination,  so  far  as  relates 
to  any  rights  derived  from  the  articles  of  agreement  above  mentioned, 
or  from  the  three  first  sections  of  this  act,  shall  be  final ;  and  for  the 
safe-keeping  of  the  papers  and  evidence  produced  and  recording  their 
proceedings,  the  said  boards,  respectively,  shall  have  power  to  appoint     Appointment 
a  clerk,  whose  duty  it  shall  be  to  enter  in  a  book  to  be  kept  for  that of  clerks, 
purpose,  perfect  and  correct  minutes  of  the  proceedings,   decisions,     papers'  &c  o 
meetings  and  adjournments  of  the  boards,  together  with  the  evidence  dissolution  of  the 
on  which  such  decisions  are  made;  which  books  and  papers,  on  the  boards  to  be 
dissolution  of  the  boards,  shall  be  transmitted  to,  and  lodged  in  the  lodged  in  the  Sec- 
office  of  the  Secretary  of  State ;  and  on  or  before  such  clerk's  entering  ££y  Oi 
on  the  duties  of  his  office,  he  shall  take  and  subscribe  the  following 
oath  or  affirmation,  to  wit:  "I                    do  solemnly  swear  (or  affirm     Oath  or  affirma- 
as  the  case  may  be)  that  I  will  truly  and  faithfully  enter  and  record  all  tion  of  the  clerk, 
minutes,  proceedings  and  decisions  of  the  board  of  commissioners  for 
the  county  of                   appointed  under  and  by  virtue  of  an  act  of  the 
United  States,  intituled  'An  act  regulating  the  grants  of  laud,  and  pro- 
viding for  the  disposal  of  the  lands  of  the  United  States,  south  of  the 
State  of  Tennessee/  and  well  and  faithfully  do  and  perform  all  other  acts 
and  things  in  the  said  act  pointed  out  as  the  duty  of  a  clerk  of  the  said 
board/'  which  oath  shall  be  entered  on  the  minutes  of  the  board;  and 
when  it  shall  appear  to  them  that  the  claimant  is  entitled  to  a  tract  of 
land  under  the  articles  of  agreement  and  cession  with  Georgia  afore-     Titles,  when  to 
said,  in  virtue  of  a  British  or  Spanish  grant  legally  and  fully  executed,  be  granted,  and 
they  shall  give  a  certificate  thereof,  describing  the  tract  of  land  and^ow,  under  .tne 
the  grant,  and  stating  that  the  claimant  is  confirmed  in  his  title  thereto 
by  virtue  of  the  said  articles  ;  which  certificate,  being  recorded  by  the     A  certificate  to 
register  of  the  land  office,  whose  duty  it  shall  be  to  record  the  same  in  be  given. 
a  book  to  be  kept  by  him  for  that  purpose,  shall  amount  to  a  relinquish  - 
ment  for  ever,  on  the  part  of  the  United  States  to  any  claim  whatever 
to  such  tract  of  land :  and  when  it  shall  appear  to  the  said  commis- 
sioners that  the  claimant  is  entitled  to  a  tract  of  land  by  virtue  of  a 
settlement  under  the  Bourbon  act  of  Georgia,  recognized  in  the  said     Under    the 
articles  of  agreement  and  cession,  or  of  either  of  the  two  first  sections  Bourbon  act  of 
of  this  act,  they  shall  give  a  certificate  thereof,  stating  the  circum-  the  state  of  Geor- 
stances  of  the  case,  and  that  the  claimant  is  entitled  to  receive  a  patent gia< 
for  such  a  tract  of  land  by  virtue  of  this  act,  which  certificate  being     Certificate    to 
duly  entered  with  the  register  of  the  land  office,  on  or  before  thebe  returned  be- 
first  day  of  January,  eighteen  hundred  and  five,  shall  entitle  the  party  ^  ^Sh^ali 
to  a  patent  for  the  said  tract,  which  shall  issue  in  like  manner  as  entitle  the  party 
is  provided  by  this  act  for  the  other  lands  of  the   United  States,  to  a  patent. 
34  L  O — VOL  II 


530  MISSISSIPPI. 

without  the  party  paying  any  thing  -therefor,  except  the  surveying 
Eight  of  pre- expenses  and   the  fees  of  office.     And  when  it   shall  appear  to  the 
emption.  gajd  commissioners   that  the  claimant  is  entitled  to  a  right  of  pre- 

emption by  virtue  of  the  third  section  of  this  act,  they  shall  give  a 
certificate  thereof,  directed  to  the  register  of  the  land  office;  which 
certificate  being  duly  entered  with  the  register  of  the  land  office,  on  or 
before  the  first  day  of  January,  eighteen  hundred  and  five,  shall  entitle 
Proviso  that  the  party  to  become  a  purchaser  of  such  tract  of  land:  Provided,  That 
receipts  for  pur-  he  8nall)  prior  to  the  first  day  of  january>  eighteen  hundred  and  six, 
produced.  also  produce  a  receipt  from  the  treasurer  of  the  United  States,  or  from 

the  receiver  of  public  monies,  for  at  least  one-fourth  part  of  the  pur- 
chase money,  and  also  for  the  payment  of  the  surveying  expenses;  and 
the  party  shall,  upon  payment  in  full  of  the  purchase  money,  on  which, 
if  any  of  the  three  last  payments  shall  be  made  in  advance,  he  shall  be 
allowed  the  same  discount  allowed  in  similiar  cases  by  this  act,  be  enti- 
tled to  receive  a  patent,  which  shall  issue  in  like  manner,  and  on  pay- 
ment of  the  same  fees  as  are  provided  by  this  act  for  the  other  lands  of 
the  United  States  ;  but  if  such  person  shall  neglect  to  enter  his  certifi- 
cate, on  or  before  the  first  day  of  January,  eighteen  hundred  and  five, 
or  to  make  such  first  payment  as  above  provided  ;  his  right  of  pre-emp- 
Proviso.  tion  shall  cease  and  become  void.  Provided  also,  and  it  is  further  enacted, 

Reference    to  That  whenever  a  tract  of  land  to  which  any  person  might  be  entitled 
vera^claims         bv  virtue  of  the  three  first  sections  of  this  act,  shall  also  be  claimed  by 
the  holder  of  a  British  patent,  legally  and  fully  executed,  and  duly  re- 
corded in  conformity  to  the  provisions  of  this  act,  who  is  not  confirmed 
in  his  claim  by  the  articles  of  agreement  above  mentioned,  the  commis- 
sioners shall,  in  the  certificate  granted  to  the  person  claiming  the  land 
by  virtue  of  this  act,  state  the  existence  of  the  adverse  claims,  in  which 
case  the  party  shall  not  be  entitled  to  a  patent,  unless  he  shall  have 
obtained  in  his  favour  a  judicial  decision  in  a  court  having  jurisdiction 
Clerk    to    re-  therein,  and  for  every  certificate  so  granted  by  the  boards  respectively, 
ceive  two  dollars  tne  cierk  of  the  board  granting  the  same,  shall  be  entitled  to  demand  and 
catef  ^  *  receive  of  the  party  to  whom  the  same  is  granted,  the  sum  of  two  dollars. 

Commissioners     SEC.  7.  And  be  it  further  enacted,  That  the  commissioners  aforesaid 
shall    report    to  shall,  on  or  before  the  first  day  of  December,  one  thousand  eight  hun- 
he  Secretary  of  dred.  and  four,  make  to  the  Secretary  of  the  Treasury,  a  full  report  of 
all  the  British  grants  legally  and  fully  executed,  which  have  been  duly 
recorded  in  conformity  to  the  provisions  of  this  act,  the  title  of  which 
is  not  confirmed  to  the  holders  thereof,  by  the  articles  of  agreement 
above  mentioned,  stating  the  present  situation  of  the  lands,  the  date  of 
such  grants,  the  conditions  annexed  thereto,  and  how  far  the  same  have 
been  fulfilled,  together  with  such  other  remarks  thereon  as  they  may 
Report    to  be  tnink  proper  ;  which  report  shall  be  laid  before  Congress  at  their  next 
laid  before  Con-  session,  and  the  lands  contained  in  such  grants  shall  not  be  otherwise 
gress.  disposed  of,  until  the  end  of  one  year  after  that  time. 

Un  nfirmed  SEC.  &'  And  ~be  it  further  enacted,  That  so  much  of  the  five  millions  of 
claims  'provided  acres  reserved  for  that  purpose  by  the  articles  of  agreement  above 
for.  mentioned,  as  may  be  necessary  to  satisfy  the  claims  not  confirmed  by 

that  agreement,  which  are  embraced  by  the  two  first  sections  of  this  act, 
or  which  may  be  derived  from  British  grants  for  lands  which  have  not 
been  regranted  by  the  Spanish  Government,  be,  and  the  same  is  hereby 
appropriated  for  that  purpose  ;  and  so  much  of  the  residue  of  the  said 
five  millions  of  acres  or  of  the  nett  proceeds  thereof  as  may  be  necessary 
for  that  purpose,  shall  be,  and  is  hereby  appropriated,  for  the  purpose 
of  satisfying,  quieting  and  compensating,  for  such  other  claims  to  the 
lands  of  the  United  States  south  of  the  State  of  Tennessee,  not  recog- 
nized in  the  above-mentioned  articles  of  agreement,  and  -which  are  de- 
rived from  any  act  or  pretended  act  of  the  State  of  Georgia,  which 
Proviso,  that  Congress  may  hereafter  think  fit  to  provide  for ;  provided,  however, 
no  claims  shall  That  no  other  ciajms  s^all  be  embraced  by  this  appropriation,  but  those, 
t h  e    appropna- the  evidence  of  which  shall  have,  on  or  before  the  first  day  of  January 
tion  in  this  act  next,  been  exhibited  by  the  claimants  to  the  Secretary  of  State,  and  re- 
which  have  not  corded  in  books  to  be  kept  in  his  office  for  that  purpose,  at  the  expense 
belore  ^T^^i  of  tne  Partv  exhibiting  the  same,  who  shall  pay  to  the  person  employed 
1804.  '  by  the  Secretary  of  State  for  recording  the  same,  at  the  rate  of  twelve 

Fees  on  record-  and  an  half  cents  for  every  hundred  words  contained  in  each  document 
ing.  thus  recorded;  nor  shall  any  grant,  deed,  conveyance,  or  other  written 

No  grant,  deed,  evidence  of  any  claim  to  the  said  lands,  derived,  or  pretended  to  be  de- 
or  conveyance  rived  from  the  State  of  Georgia,  and  not  recognized  by  the  above-inen- 
from  the  State  of  tioned  articles  of  agreement,  ever  after  be  admitted  or  considered  as 


MISSISSIPPI.  531 

evidence  in  any  of  the  courts  of  the  United  States,  unless  it  shall  have  Georgia  to  be  ev- 
been  exhibited,  and  recorded,  in  the  manner  and  within   the  time  ^ded       88  ** 
above  mentioned  ;  and  provided  also,  that  nothing  herein  contained, 
shall  be  construed  to  recognize  or  affect  the  claims  of  any  person  or 
persons,  to  any  of  the  lands  above  mentioned  ;  and  provided  also,  that     Claims  not  rec- 
no  certificate  shall  be  granted  for  lands  lying  east  of  the  Tombigby  °gnized- 
River,  nor  for  lands  situated  without  the  boundary  lines  established  by 
treaty  between  the  United  States  and  the  Choctaws,  made  the  seven- 
teenth day  of  October,  in  the  year  eighteen  hundred  and  two. 

SEC.  9.  And  be  it  further  enacted,   That  the  Secretary  of  State,  the    Authority  giv 
Secretary  of  the  Treasury  and  the  Attorney-General  for  the  time  being,  propositions' 
be,  and  are  hereby  authorized  and  empowered  to  receive  such  proposi-  compromise, 
tions  of  compromise  and  settlement,  as  may  be  offered  by  the  several 
companies,  or  persons  claiming  public  lands  in  the  territory  of  the 
United  States,  lying  south  of  the  State  of  Tennessee,  and  west  of  the 
State  of  Georgia ;  and  report  their  opinion  thereon  to  Congress  at  their 
next  session. 

SEC.  10.  And  be  it  further  enacted,  That  a  surveyor  of  the  lands  of    L? 
the  United  States,  south  of  the  State  of  Tennessee,  shall  be  appointed,  see  appointed," 
whose  duty  it  shall  be  to  engage  a  sufficient  number  of  skilful  survey-  who  shall  engage 
ors  as  his  deputies,  and  to  cause  the  lands  above  mentioned,  to  which  deputies, 
the  titles  of  the  Indian  tribes  have  been  extinguished,  to  be  surveyed    Dutie8- 
and  divided  in  the  manner  hereafter  directed,  and  to  do  and  perform  all 
such  other  acts,  in  relation  to  the  said  lands,  as  the  surveyor-general  is 
authorized  and  directed  to  do  in  relation  to  the  lands  lying  northwest 
of  the  river  Ohio,  and  above  the  mouth  of  the  river  Kentucky. 

SEC.  11.  And  be  it  further  enacted,  That  the  lands  for  which  certifi-  of  the  surveYor8 
cates  of  any  description  whatever,  shall  have  been  granted  by  the  com- 
missioners in  pursuance  of  the  provisions  of  this  act,  shall,  as  soon  as 
may  be,  be  surveyed  under  the  direction  of  the  surveyor  of  the  lands 
of  the  United  States  above  mentioned,  in  conformity  to  the  true  tenor 
and  intent  of  such  certificates;  and  the  said  surveyor  shall  also  cause 
all  the  other  lands  of  the  United  States,  in  the  Mississippi  Territory,  to     Other  lands  in 
which  the  Indian  title  has  been  extinguished,  to  be  surveyed  as  far  as**16    Mississippi 
practicable,  into  townships,  and  subdivided  into  half-sections,  in  the  ^eyel. 
manner  provided  for  the  surveying  of  the  lands  of  the  United  States, 
situate  northwest  of  the  river  Ohio,  and  above  the  mouth  of  the  Ken- 
tucky River,  and  shall  transmit  to  the  registers  of  the  land  offices  re- 
spectively, general  and  particular  plots  of  all  the  lands  surveyed  as  afore- 
said, and  shall  also  forward  copies  of  the  said  plots  to  the  Secretary  of 
the  Treasury  ;  and  he  shall  also,  with  the  approbation  of  the  said  Sec- 
retary, fix  the  compensation  of  the  deputy  surveyors,  chain- carriers,  and 
axe-men  :  Provided,  That  the  whole  expense  of  surveying  and  marking 
the  lines  shall  not  exceed  iour  dollars  for  every  mile  that  shall  be  actu- 
ally run,  surveyed  and  marked  :  And  provided,  That  the  expense  of  sur-     Expenses     of 
veying  those  tracts  of  land,  to  which  the  title  of  the  claimants  is  con- 8U 
firmed  by  the  articles  of  agreement,  or  by  the  two  first  sections  of  this 
act,  and  those  tracts  claimed  under  British  grants,  a  return  of  which  is 
to  be  made  to  Congress,  shall  not  be  advanced  by  the  United  States, 
but  shall  be  paid  to  the  deputy   surveyor  by  the  parties  claiming  the 
same  ;  and  that  in  relation  to  all  the  land  sold  by  the  United  States,  the 

Eurchaser  shall  make  the  same  payment  for  surveying  expenses,  which 
3  directed  by  law  to  be  made  for  lands  sold  north  of  the  river  Ohio,  (d) 
SEC.  12.  And  be  it  further  enacted,  That  all  the  lands  aforesaid,  not    The    lands 
otherwise  disposed  of,  or  excepted  by  virtue  of  the  preceding  section saf^es.^""* P' 
of  this  act,  shall,  with  the  exception  of  the  section  number  sixteen,  Jolj; 
which  shall  be  reserved  in  each  township  for  the  support  of  schools 
within  the  same,  (e)  with  the  exception  also  of  thirty-six  sections  to  be 
located  in  one  body  by  the  Secretary  of  the  Treasury  for  the  use  of  Jef- 
ferson College,  and  also  with  the  exception  of  such  town  lots  not  ex- 
ceeding two  in  the  town  of  Natchez,  and  of  such  an  out-lot  adjoinin  g  the 
same,  not  exceeding  thirty  acres,  as  may  be  the  property  of  the  United 
States,  to  be  located  by  the  governor  of  the  Mississippi  Territory,  for 
the  use  of  the  said  college,  (/)  be  offered  for  sale  to  the  highest  bidder, 
under  the  direction  of  the  governor  of  the  Misissippi  Territory,   of  the     rjnder  the  di- 
surveyor  of  the  lands  of  the  United  States,  above  mentioned,  and  of  the  rections  of  the 
register  of  the  land  office  at  the  places  respectively,  where  the  land  governor,    sur- 
offices  are  kept,  and  on  such  day  or  days  as  shall,  by  a  public  proclama-  ]^or>  M 
tion  of  the  President  of  the  United  States,  be  designated  for  that  pur- 
pose.   The  sales  shall  remain  open  at  each  place  for  three  weeks  and  no 


532  MISSISSIPPI. 

Sales  to  re-  longer;  and  all  lands,  other  than  the  section  number  sixteen,  remaining 
main   open    f  o^r  unsoi(j  at  the  closing  of  the  public  sales,  may  be  disposed  of  at  private 
thVifprfvat8^  sale  Dv  t^16  registers  of  the  respective  land  offices  in  the  same  manner, 
sales,  by  whom,  under  the  same  regulations,  for  the  same  price,  and  on  the  same  terms 
and  on  wh at  and  conditions  as  is  provided  by  law,  for  the  sale  of  the  lands  of  the 
United  States,  north  of  the  river  Ohio,  by  an  act  intituled  "An  act  to 
amend  the  act  intituled,  An  act  providing  for  the  sale  of  the  lauds  of 
the  United  States  in  the  territory  northwest  of  the  Ohio,  and  above  the 
Proviso.  mouth  of  Kentucky  River:"  Provided  always,  That  the  lands  which  may 

sol^for  "essttian  be  8old  at  Public  8ale  by  virtue  of  this  act,  shall  not  be  sold  for  less  than 
two  dollars  per  two  dollars  per  acre,  and  shall  in  every  other  respect  be  sold  on  the 
acre.  same  terms  and  conditions  as  was  provided  for  the  lands  sold  at  public 

sale,  by  the  last-recited  act.  And  patents  shall  be  obtained  for  all 
6681  lands  granted  or  sold  in  the  Mississippi  Territory  in  the  same  manner 
and  on  payment  of  the  same  fees  as  is  provided  for  lands  sold  north  of  the 
river  Ohio,  by  the  said  last-recited  act :  Provided,  however,  That  evi- 
dences of  the  public  debt  of  the  United  States  shall  not  be  received  in 
payment  for  the  purchase  of  said  lands.  (6) 

Fees  of  the  reg-     SEC.  13.  And  be  it  further  enacted,  That  the  registers  of  the  land  offices, 

isters  of  the  land-  and  the  receivers  of  public  monies,  appointed  in  pursuance  of  this  act, 

offices,  and  re-8najj  receive  the  same  fees  and  compensation  as  the  registers  and  re- 

moneyl     p         ceivers  of  the  land  offices  north  of  the  river  Ohio,  and  the  registers 

shall  also  be  entitled  to  receive  twenty-five  cents  for  entering  each  cer- 

Salary  of  t  h  e  tificate  granted  by  the  commissioners  above  mentioned.    The  surveyor 

Mstwyo°cle?k8      of  the  lands  of  tbe  United  States,  appointed  in  pursuance  of  this  act, 

shall  receive  an  annual  compensation  of  fifteen  hundred  dollars,  and 

shall  be  allowed  not  exceeding  two  clerks,  whose  whole  compensation 

shall  not  exceed  one  thousand  dollars  per  annum.    The  commissioners 

Compensation  appointed  to  ascertain  the  rights  of  persons  claiming  the  benefit  of  the 

of   the   commis-  articles  of  agreement  above  mentioned,  and  of  this  act  shall  receive 

th°e^  d'erks          eacb  a  compensation  of  two  thousand  dollars  for  the  whole  of  their 

services,  the  registers  of  the  land  offices  excepted,  who  shall  receive 

only  rive  hundred  dollars  each,  for  their  services  as  commissioners ;  the 

clerks  of  the  boards  of  commissioners  a  compensation  not  exceeding 

Pay  of  the  su-  seven  hundred  and  fifty  dollars  each ;  and  the  superintendents  of  the 

perintendents.      public  sales  shall  receive  six  dollars  each,  for  each  day's  attendance  on 

the  said  sales. 

Commissions  of  SEC.  14.  And  be  it  further  enacted,  That  the  President  of  the  United 
isters  oTffJ'land  States  shall  have  full  power  to  appoint  and  commission  the  surveyor, 
offices,  and  re-  registers  of  the  land  offices,  and  receivers  of  public  monies  above  men- 
ceivers  of  public  tioned,  in  the  recess  of  Congress,  and  their  commissions  shall  continue 
moneys.  in  force  until  the  end  of  the  session  of  Congress  next  ensuing  such 

appointment. 

Appropriation     SEC  15.  And  be  it  further  enacted,  That  a  sum  not  exceeding  twenty 
for  the  execution  thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the  pur- 
pose of  carrying  this  act  into  effect;  which  sum  shall  be  paid  out  of 
any  unappropriated  monies  in  the  Treasury. 

Appropriation     SEC.  16.  And  be  it  further  enacted,  That  the  nett  proceeds  of  the  lands 

of  the  moneys  which  may  be  sold  by  virtue  of  this  act,  after  deducting  the  surveying 

aboSveg8aiesm        expenses  and  other  expenses  incident  to  the  sale  thereof,  shall,  and  the 

same  are  hereby  appropriated  in  the  first  place,  towards  paying  to  the 

State  of  Georgia  a  sum  of  one  million  two  hundred  and  fifty  thousand 

dollars,  in  pursuance  of  the  articles  of  agreement  and  cession  entered 

into  between  the  United  States  and  that  State  ;  and  the  Secretary  of 

the  Treasury  is  hereby  authorized  and  directed  to  pay  accordingly,  and 

from  time  to  time,  as  the  same  shall  be  received  in  the  Treasury  of  the 

United  States,  so  much  of  the  said  nett  proceeds  as  will  amount  to  the 

said  sum  of  one  million  two  hundred  and  fifty  thousand  dollars,  (g) 

Navigable  riv-      SEC.  17.  And  be  it  further  enacted,  That  all  navigable  rivers  within  the 

ers  south  of  Ten-  territory  of  the  United  States,  south  of  the  State  of  Tennessee,  shall  be 

public.  *°    emam  deemed  to  be  and  remain  public  highways. 

(a)  SeeKos.  718,723,731,737,745,753,1067,1265, 1268,1270, 1271,  1275,  1276,  1284,  1286, 
1287,  1292,  1294,  129fi,  1299,  1300,  1310,  1318,  1322, 1324, 1333, 1334, 1336, 1366, 1388, 
1399. 

(6)  See  Kos.  36,  f  9,  433, 1267,  1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293,  1298, 
1301, 1305,  1315. 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. 

(c)  See  Nos.  731, 1272, 1275, 12"9, 1298, 1305, 1310, 1315, 1328, 1349, 1355,  1363, 1373, 1410. 

(d)  See  Kos.  37,  777, 1269, 1272, 129f,  1305, 1343, 1366. 

(e)  See  Kos.  1271, 1275, 12'<7, 1295, 1298, 130f.,  1315,  1339, 1365,  1366,  1375, 1387, 1402,  1406, 

1416. 

(/)  See  Xos.  1268, 1282, 1346. 
(0)  See  Kos.  1015, 1303, 1314, 1340, 1366, 1374, 1382, 1398, 1415. 


MISSISSIPPI.  533 

No.  1267.— AN  ACT  mading  provision  for  the  disposal  of  the  public  lands  in  the  March  26, 1804. 
Indiana  Territory,  and  for  other  purposes.  Vol.  2,  p.  277. 

[Fractional  sections  of  land  south  of  the  State  of  Tennessee,  how  to 
be  sold.    See  OHIO,  No.  36.] 


No.  1268.—  AN  ACT  supplementary  to  the  act  intituled  "An  act  regulating  the     March  27,  1804. 
grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the  United  States,  south     Vol.  2,  p.  303. 
of  the  State  of  Tennessee." 

Be  it  enacted,  $c  ,  That  persons  claiming  lands  in  the  Mississippi  Ter-    .  Notice  to    be 
ritory,  by  virtue  of  any  British  or  Spanish  grant,  or  by  virtue  of  the  fs\^Vf  the6  lami 
three  first  sections  of  the  act  to  which  this  is  a  supplement,  or  of  the  office  by  persons 
articles  of  agreement  and  cession  with  the  State  of  Georgia,  may,  after  claiming  landsin 
the  last  day  of  March,  in  the  year  one  thousand  eight  hundred  and  four,  JJie  .  Mississippi 
and  until  the  last  day  of  November,  then  next  following,  give  notice  in  pelS  RrvTr  Sand 
writing,  of  their  claims,  to  the  register  of  the  land  office,  for  the  lands  their  claims  to  be 
lying  west  of  Pearl  River,  and  have  the  same  recorded  in  the  manner  recorded. 
prescribed  by  the  fifth  section  of  the  act  to  which  this  is  a  supplement: 
Provided  however,  That  where  lands  are  claimed  by  virtue  of  a  complete     Proviso  in  fa- 
Spanish  or  British  grant,  in  conformity  with  the  articles  of  agreement  J^d    BrFtiifh 
and  cession  between  the  United  States  and  the  State  of  Georgia,  it  shall  grants. 
not  be  necessary  for  the  claimant  to  have  any  other  evidence  of  his 
claim  recorded,  except  the  original  grant  or  patent,  together  with  the 
warrant  or  order  of  survey  and  the  plot;  but  all  the  subsequent  con- 
veyances or  deeds  shall  be  deposited  with  the  register,  to  be  by  him  laid 
before  the  commissioners  when  they  shall  take  the  claim  into  consider- 
ation :  and  the  powers  vested  by  law  in  the  commissioners  appointed 
for  the  purpose  of  ascertaining  the  claims  to  lands  lying  west  of  Pearl 
River,  shall,  in  every  respect,  extend  and  apply  to  claims  which  maybe 
made  by  virtue  of  this  section  ;  and  the  same  proceedings  shall  there- 
upon be  had  as  are  prescribed  by  the  act  aforesaid,  in  relation  to  claims 
which  shall  have  been  exhibited  on  or  before  the  last  day  of  March,  in 
the  year  one  thousand  eight  hundred  and  four. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  commissioners  aforesaid,     Commissioners 
appointed  to  adjust  ihe  claims  to  lands  lying  west  of  Pearl  River,  shall  fo^™  from  time 
have  power  to  adjourn  from  time  to  time,  and  for  such  time  as  they  may  to  time. 
think  fit  :  Provided  however,  That  they  shall  meet  on  the  first  day  of    Proviso. 
December,  in  the  year  one  thousand  eight  hundred  and  four,  and  shall 
not  afterwards  adjourn  for  a  longer  time  than  three  days,  nor  until  they     provi80t 
shall  have  completed  the  business  for  which  they  were  appointed  :  And 
provided  also,  That  nothing  contained  in  this  act,  nor  in  that  to  which 
this  is  a  supplement,  shall  be  construed  to  prevent  the  said  commission- 
ers, nor  those  appointed  to  adjust  the  claims  to  lands  lying  east  of  Pearl 
River,  from  acting  and  deciding  at  any  time,  on  any  claim  which  has 
been  exhibited  in  the  manner  prescribed  by  law,  although  the  evidence 
of  the  same  may  not,  at  that  time,  have  been  transcribed  on  the  books  of 
the  register. 

SEC.  3.  And  be  it  further  enacted,  That  when  any  Spanish  grant,  war-  m™^  required 
rant,  or  order  of  survey,  shall  be  produced  to  either  of  the  said  boards  by  the  boards  of 
of  commissioners,  for  lands  which  were  not,  at  the  date  of  such  grant,  commissioners 
warrant,  or  order  of  survey,  or  within  one  year  thereafter,  inhabited,  concerning  Span- 
cultivated,  or  occupied  by,  or  for  the  use  of  the  grantee:  or  whenever  lsn  grar 
either  of  the  said  boards  shall  not  be  satisfied,  that  such  grant,  warrant, 
or  order  of  survey,  did  issue,  at  the  time  when  the  same  bears  date,  the 
said  commissioners  shall  not  be  bound  to  consider  such  grant,  warrant, 
or  order  of  survey,  as  conclusive  evidence  of  the  title,  but  may  require 


such  other  proof  of  its  validity  as  they  may  deem  proper  :  and  the  said  r  so 

boards  shall  make  a  full  report  to  the  Secretary  of  the  Treasury,  to  be  make  reports  to 
by  him  laid  before  Congress,  for  their  final  decision  of  all  claims  grounded  the  Secretary  of 
on  such  grants,  warrants,  or  orders  of  survey,  as  may  have  been  oisal-  the  Treasury  in 
lowed  by  the  said  boards,  on  suspicion  of  their  being  antedated,  or  other-  certain  cases. 
wise  fraudulent. 

SEC.  4.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury     Agent  to  heap- 
s-hall be,  and  he  is  hereby  authorized  to  employ  an  agent,  whose  com-  g™  retarv  of  tl 
pensation  shall  not  exceed  one  thousand  five  hundred  dollars  in  full  for  Treasury. 
all  his  services,  for  the  purpose  of  appearing  before  the  said  commis- 
sioners, in  behalf  of  the  United  States,  to  investigate  the  claims  for 
lands,  and  to  oppose  all  such  as  he  may  deem  fraudulent  and  unfounded. 


534  MISSISSIPPI. 

And  each  of  the  said  boards  of  commissioners  shall  have  the  same  pow- 
ers to  compel  the  attendance  of  witnesses,  as  are  now  vested  in  the 
courts  of  the  United  States. 

Board  of  com-     SEC.  5  And  be  it  further  enacted,  That  the  board  of  commissionersr 
missioners    f  o r  appointed  to  adjust  the  claims  to  lands  lying  west  of  Pearl  River,  shall 
toKS1  south  of be  authorized  to  employ  an  assistant  clerk,  and  also  a  translator  of 
Pearl  River,  au-  the  Spanish  language,  to  assist  them  in  the  despatch  of  the  business 
thorized  to  em-  which  may  be  brought  before  them,  and  for  the  purpose  of  recording 
ploy  an  assistant  Spanish  grants,  deeds,  or  other  evidences  of  claims  on  the  register's 
lator  oTth*  Span-  hooks ;  the  said  translator  shall  receive  for  the  recording  done  by  him, 
ish  language.       the  fees  already  provided  by  law,  and  may  be  allowed,  not  exceeding 
fifty  dollars,  for  every  month  he  shall  be  employed,  provided  that  the 
whole  compensation,  other  than  that  arising  from  fees,  shall  not  exceed 
six  hundred  dollars :  the  assistant  clerk  shall  be  allowed  a  sum  not  ex- 
ceeding five  hundred  dollars  for  his  services ;  and  each  of  the  commis- 
sioners of  the  said  board,  in  addition  to  the  compensation  now  fixed  by 
law,  shall  be  allowed  six  dollars  for  every  day  he  shall  attend  on  the 
Compensation  board,  after  the  last  day  of  November,  in  the  year  one  thousand  eight 
not  to  exceed  62,- hundred  and  four:  Pro  ruled.  That  this  additional  compensation  shall 

not  exceed  two  thousand  dollars,  for  each  of  the  said  commissioners. 

Salary  of  the     SEC.  6.  And  be  it  further  enacted,  That  from  and  after  the  first  day  of 

surveyor  of  lands  April,  in  the  year  one  thousand  eight  hundred  and  four,  the  surveyor 

south  BS-  Qf  the  Iand8  Qf  the  United  Stafce8,  south  of  the  State  of  Tennessee,  shall 

receive  au  annual  compensation  of  two  thousand  dollars,  in  lieu  of  the 

Lauds  claimed  annual  compensation  now  fixed  by  law.    And  the  lands  claimed  by  vir- 

uuder  Spanish  tue  of  Spanish  grants,  legally  arid  fully  executed,  and  the  titles  to 

grants,  the  titles  WDicn  were  confirmed  bv  the  articles  of  agreement  and  cession  between 

con"tirmedaitoIbe tne  United  States  and  the  State  of  Georgia,  shall  be  surveyed  in  the  man- 

surveyed  'at  the  ner  prescribed  by  the  act  to  which  this  is  a  supplement,  at  the  expense 

expense    of   the  of  the  United  States ;  anything  in  the  said  act  to  the  contrary  notwith- 

TJuited  States.       8tandjDg. 

Lauds  north  of  SEC.  7.  And  be  it  further  enacted,  That  the  tract  of  country  lying  north 
the  Mississippi  of  the  Mississippi  Territory,  and  south  of  the  State  of  Tennessee,  and 
souTh^f  the  State  bounded  on  the  east  by  the  State  of  Georgia,  and  on  the  west  by  Lou- 
of  Tennessee,  isiana,  shall  be,  and  the  same  is  hereby  annexed  to,  and  made  a  part 
and  bounded  on  of  the  Mississippi  Territory. 

Georgiaand  Lou-      gEC<  g§  ^nd  be  it  further  enacted,  That  so  much  of  the  eighth  section  of 

o?anthe  MfeSss-  an  ac*>  intituled  "An  act  regulating  grants  of  land,  and  providing  for 

ippi  Territory,     the  disposal  of  the  lands  of  the  United  States,  south  of  the  State  of 

Tennessee,"  as  provides,  "  that  no  certificate  shall  be  granted  for  lands 

Repeal  of  part  lying  east  of  the  Tombigby  River,"  be,  and  the  same  hereby  is  repealed: 

ier  act.    prov-ia€a^  That  no  certificate  shall  be  granted  for  any  lands  to  which  the 

Indian  title  has  not  been  extinguished. 

Commissioners     SEC.  9.  And  be  it  further  enacted,  That  the  commissioners  appointed  in 
to  make  a  report  pursuance  of  the  act  aforesaid,  be,  and  they  are  hereby  authorized  and 
of  the  Tererasurv  re<luired  to  make>  on  or  Before  the  first  day  of  December  next,  a  full 
in  certain  cases,  report  to  the  Secretary  of  the  Treasury,  of  all  claims  that  have  been,  or 
may  be  laid  before  them,  for  lands  held  by  warrant  of  survey  and  im- 
provement, in  cases  where  the  claimants  were  minors,  and  not  heads  of 
families,  at  the  time  such  warrants  were  issued,  with  the  circumstances 
which  occasioned  the  issuing  of  such  warrants,  and  the  validity  which 
has  been  considered  as  attached  to  the  same,  (a) 

Appropriation  SEC.  10.  And  be  it  further  enacted,  That  for  the  purpose  of  carrying  this 
for  carrying  this  act  into  effect,  a  sum  not  exceeding  twenty  thousand  dollars,  shall  be, 
act  into  eftect.  ari(j  ^he  game  is  hereby  appropriated,  to  be  paid  out  of  any  money  in 

the  Treasury,  not  otherwise  appropriated. 

Partof  the  12th     SEC.  11.  And  be  it  further  enacted,  That  the  execution  of  so  much  of 

section  of  the  act  the  twelfth  section  of  the  act  to  which  this  is  a  supplement,  as  excepts 

a°su     lement  "such  towu  lo*s>  not  exceeding  two,  in  the  town  of  Natchez,  and  such 

suspended.  an  out-lot  adjoining  the  same,  not  exceeding  thirty  acres,  as  may  bo  the 

property  of  the  United  States,  to  be  located  by  the  governor  of  the 

Mississippi  Territory,  for  the  use  of  Jefferson  College,"  be,  and  the  same 

is  hereby  suspended  until  the  end  of  the  next  session  of  Congress.  (&) 

Transcripts  of     SEC.  12.  And  be  it  further  enacted,  That  transcripts  of  the  records  of 

the    British    re-  the  British  province  of  West  Florida,  to  claims  for  land  therein,  and 

cords    of    West  Wj1icn  have  been  delivered  to  the  Government  of  the  United  State*. 

Se"cei?certain  may  be  produced  as  evidence,  and  shall  be  entitled  to  the  same  weight 

cases.  in  any  court  of  the  United  States,  as  if  the  same  had  been  delivered  or 

shall  be  delivered,  to  either  of  the  registers  of  the  land  offices  in  Tim 


MISSISSIPPI.  535 

Mississippi  Territory,  before  the  last  of  March,  one   thousand  eight 
hundred  and  four,  any  thing  in  this  act,  or  in  the  fifth  section  of  the  act 

to  which  this  is  a  supplement,  to  the  contrary  notwithstanding. 

*  *  *  *  "*  *  # 

(a)  See  Nos.  718,  723,  731,  737,  745,  753, 1067,  1265, 1266,  1270,  1271,  1275,  1276,  1284,  1286, 
1287, 1-292, 1294,  I2L-6,  1299, 1300, 1310, 1318,  1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. 
(6)  See  Nos.  1266,  1282, 1346. 


No.  1269.— AN  ACT  concerning  the  mode  of  surveying  the  public  lands  of  the     Feb.  11,  1805. 

United  States.  Vol.  2,  p.  313. 

[See  OHIO,  No.  37.] 


No.  1270.— AN  ACT  further  to  amend  an  act,  intituled  "An  act  regulating  the     March  2,1805. 
grants  of  land;  and  providing  for  the  disposal  of  the  lands  of  the  United  States,      Vol.  2,  p.  323. 
south  of  the  State  of  Tennessee." 


Be  it  enacted,  #c.,  That  persons  who  may  have  obtained,  or  shall  ob- .  Persons  obtain- 
tain  certificates  from  the  board  of  commissioners  appointed  to  ascertain  frfm^e^oard  of 
the  claims  to  lands  in  the  Mississippi  Territory,  shall  be  allowed  three  commissioner  sin 
months  after  the  respective  date  of  such  certificates,  for  entering  the  the  Mississippi 
same  with  the  register  of  the  proper  land  office ;  and  certificates,  thus  Territory,  allow- 
entered,  shall  have  the  same  force  and  effect,  as  if  they  had  been  duly  Jo? 
entered  with  the  said  register,  on  or  before  the  first  day  of  January,  one  them, 
thousand  eight  hundred  and  five. 

SEC.  2.  And  be  it  further  enacted,  That  the  commissioners  appointed  Commissioners 
to  ascertain  the  claims  to  lands,  in  the  above-mentioned  Territory,  east  appointed  to  as- 
of  Pearl  Kiver,  shall  be  authorized  to  grant  certificates  for  lands'  lying  J^Sd*  in^h e 
in  the  island  known  by  the  name  of  Nannee  Hubba,  formed  by  the  cut-  Mississinpi  Ter- 
off  of  the  river  Toinbigbee  and  Alabamaha;  and  person  shavingclaimsf  or  ritory,  east  of 
lands  lying  either  in  said  island,  or  east  of  the  Tombigbee  and  Alabamaha  Jfarl  Kiver,  au- 
rivtrs,  shall  be  permitted  to  file  the  same  with  the  register  of  the  land  cSmcates^or 
office,  till  the  first  day  of  May,  one  thousand  eight  hundred  and  five ;  land  in  the  island 
and  the  commissioners  shall  decide  on  tbe  same,  in  the  same  manner  as  of  Nannee  Hub- 
if  they  had  been  presented  before  the  thirty-first  day  of  March,  oneba;.and  persons 
thousand  eight  hundred  and  four.  ™££f  ted  to  file 

SEC.  3.    And  be  it  further  enacted,  That  each  of  the  last-mentioned  them  before  May 
commissioners,  shall  be  allowed  at  the  rate  of  six  dollars  a  day,  for  every  1, 1805. 
day  he  shall  attend,  subsequent  to  the  first  day  of  April,  one  thousand 
eight  hundred  and  five :  Provided,  That  such  additional  allowance  shall  m^ssfo^e r  s  Tor 
not  exceed  five  hundred  dollars  for  each  commissioner.  their  attendance 

SEC.  4.   And  be  it  further  enacted,   That  the  clerk  of  each   of   the  after  April  i. 
boards  of  commissioners  appointed  to  ascertain  the  claims  to  lands  intion^al  a 
the  above-mentioned  Territory,  shall  be  allowed  at  the  rate  of  seven  iimited. 
hundred  and  fifty  dollars  a  year,  from  the  time  when  he  entered  on  the     Compensations 
duties  of  his  office,  to  the  time  when  the  board  shall  adjourn  sine  die.    of  clerks. 

SEC.  5.  And  be  it  further  enacted,  That  persons  claiming  lands  in  the  Claimants  un- 
Mississippi  Territory,  by  virtue  of  British  grants,  legally  and  fully  com-  der  British  grants 
pleted,  who  may  not  have  filed  their  claims  with  the  proper  register  of  completed ,  *f- 
the  land  office,  in  conformity  with  the  provisions  heretofore  made  for  lowed  a  further 
that  purpose,  may,  until  the  first  day  of  December  one  thousand  eight  time  for  f  i  1  i  n  g 
hundred  and  five,  file  such  claims  with  the  register  of  the  land  office  west  ^  e  g  i  sTe  r  t  o 
of  Pearl  River,  and  have  the  same  recorded.  And  the  said  register  shall,  make  report  to 
on  or  before  the  first  day  of  January,  one  thousand  eight  hundred  and  Secretary  of  the 
six,  make  to  the  Secretary  of  the  Treasury,  a  full  report  of  all  the  Brit-  Treasury  of  the 
ish  grants  thus  recorded  ;  which  report  shall  immediately  after  be  laid  JJJJJJ/1 
before  Congress.  The  lands  contained  in  such  grants  shall  not  be  The  lands  in- 
otherwise  disposed  of  until  the  end  of  one  year,  after  that  time.  And  eluded  in  the 
if  any  such  person  shall  neglect  to  file  such  British  grant,  and  to  have  grants  not  to  be 
the  same  recorded,  in  the  manner  and  time  hereby  provided,  neither  J^P™  ° 
such  grant  nor  any  other  evidence  of  such  claim,  which  shall  not  have  Grants  not  filed, 
been  recorded  as  above  directed,  shall  ever  after  be  considered  or  ad-  &c ,  according  to 
mitted  as  evidence  in  any  court  of  the  United  States,  against  any  grant  [his  act  to  be  no 
derived  from  the  United  States,  or  against  any  title  legally  and  fully  Spanish  and 
executed,  derived  from  the  Spanish  Government;— any  act  or  acts  to  American  grants, 
the  contrary  notwithstanding,  (a) 

(a)  See  Nos.  718,  723,  731,  737,  745,  753,  1067,  1265, 1266, 1268, 1271, 1275, 1276, 1284, 1286, 
1287,  1292,  1294,  1296,  1299,  1300,  1310,  1318,  1322,  1324,  1333,  1334,  1336,  1386,  1388, 
1399. 


536  MISSISSIPPI. 

April  21,  1806.    HT«.  15J71  .—AX  ACT  in  addition  to  an  act,  intituled  '  An  act  regulating  the  grants 
Vol.  2,  p.  400.         of  land  and  providing  for  the  disposal  of  the  lands  of  the  United  States,  south  of 
the  State  of  Tennessee. 


Persons  losin^     ^€  lt  enacte(l^  $'c->  Tnat  whenever  any  person  who  shall  have  received 

their  lands  under  preemption  certificates  from  either  of  the  boards  of  commissioners,  ap- 

pre-emption  cer-  pointed  for  the  purpose  of  ascertaining  the  rights  of  persons  to  lands  in 

tincates  entitled  the  Mississippi  Territory,  shall,  by  a  final  judgment  or  decree  of  the 

highest  court  of  law,  or  equity,  in  which  a  decision  could  be  had,  within 

the  said  Territory,  rendered  in  favour  of  another  person  claiming  by 

virtue  of  a  British  patent,  lose  the  whole  or  part  of  the  tract  of  land 

to  which  he  was  entitled  by  virtue  of  such  certificate,  it  shall  be  lawful 

for  the  receiver  of  public  monies  for  the  district  where  the  land  lies,  to 

repay  to  such  person  or  his  assigns,  so  much  of  the  purchase  money  as 

had  been  paid  by  him  for  the  land  thus  recovered,  by  the  holder  of  the 

British  patent. 

Int  e  r  f  e  r  i  n  g     In  all  cases  where  only  a  part  of  a  tract  of  land,  to  which  any  person 
claims     u  n id  e  r  may  jje  entitled  by  virtue  of  a  certificate  granted  by  the  commissioners 
Sd    certificates  aforesaid,  is  also  claimed  by  the  holder  of  a  British  patent,  a  patent 
from  thecommis-  may  issue  in  favour  of  the  owners  of  such  certificate,  for  so  much  of  such 
sioners,   how  to  tract  of  land  as  is  not  claimed  by  virtue  of  such  British  patent :  Pro- 
be settled,  vided,  That  he  shall  in  every  other  respect  have  complied  with  the  pro- 
visions of  the  acts  of  Congress,  regulating  the  grants  of  land  in  the 
Mississippi  Territory.     And    the    lauds  contained   in  British  grants, 
which  have  been  duly  recorded  in  conformity  with  the  provisions  of 
former  laws,  and  for  which  certificates  have  not  been  granted  by  the 
commissioners  aforesaid,  shall  not  be  disposed  of  until  otherwise  di- 
rected by  Congress. 

Rights  of  pre-      SEC.  2.  And  be  it  further  enacted,  That  persons  entitled  to  a  right  of 

emption  to  lands  pre-emption  to  lands  in  the  Mississippi  Territory,  by  virtue  of  certificates 

S  Territor^Sv  Sranted  b/  either  of  the  boards  of  commissioners  aforesaid,  shall  be 

what  time  to  be  allowed  till  the  first  day  of  January,  one  thousand  eight  hundred  and 

paid  for.  seven,  to  make  the  first  payment  of  the  purchase  money  of  such  lands  : 

Penalty  of  ne-  all(|  ,f  aov  sucu  person  shall  neglect  to  make  such  first  payment,  on  or 

pay  before  the  first  day  of  January,  one  thousand  eight  hundred  and  seven, 

his  right  of  pre-emption  shall  cease  and  become  void. 

Compensation         gEC>  3.  j,,^  &e  u  further  enacted,  That  each  of  the  commissioners 
>n'  appointed  to  ascertain  the  claims  to  lands  in  the  above-mentioned  Ter- 
ritory, west  of  Pearl  River,  shall  be  allowed  at  the  rate  of  six  dollars 
for  every  day  he  shall  attend,  subsequent  to  the  first  day  of  April,  one 
Proviso.  thousand  eight  hundred  and  six :  Provided,  That  such  additional  allow- 

ance shall  not  exceed  five  hundred  dollars  for  each  commissioner  ;  and 
the  agent  appointed  in  behalf  of  the  United  States  for  the  said  board 
shall  be  allowed  an  additional  compensation  of  three  hundred  and  fifty 
registers  and  dollars  for  the  whole  of  his  services.    And  the  register  and  receiver  of 
receivers  of  pnb-  public  monies,  in  each  of  the  districts  of  the  above- mentioned  Territory, 
bavemd?8cretion°.  sba11'  and  they.  are  hereby  authorized,  in  their  districts,  respectively, 
ary  powers  with  an(^  after  the  dissolution  of  the  board  of  commissioners  for  their  dis- 
regard to  certain  trict,  to  regulate  the  location  of  any  tract  of  land  lying  within  such  dis- 
locations, &c.       trict,  for  which  a  certificate  shall  have  been  granted  by  the  commis- 
sioners, whenever  it  shall  appear  that  the  location  specified  in  such 
certificates,  interfere  with  each  other,  or  do  not  include  the  improve- 
Proviso.  ments,  by  virtue  of  which  such  certificates  were  granted :  Provided,  That 

the  said  register  and  receiver  shall  not  be  authorized  to  allow  any  loca- 
tion on  land  not  improved  and  settled,  in  the  manner  provided  by  the 
former  acts  of  Congress,  regulating  the  grants  of  land  in  the  above- 
mentioned  Territory  ;  nor  to  allow,  in  any  case,  a  greater  quantity  of 
land  than  had  been  allowed  by  the  commissioners. 

Pvegister    and      SEC.  4.  And  be  it  further  enacted,  That  whenever  it  shall  appear  to 

receiver  of    the  the  satisfaction  of  the  register  and  receiver  of  the  district  east  of  Pearl 

PeaTiCRiver    au-  River>  that  the  settlement  and  occupancy,  by  virtue  of  which  a  pre-emp- 

thorized  to  grant  tion  certificate  had  been  granted  by  the  commissioners,  had  been  made 

donation  certifi-  and  taken  place,  prior  to  the  30th  day  of  March,  one  thousand  seven 

cates  in  certain  hundred  and  ninety-eight,  they  shall  be  authorized  to  grant  to  the  party 

a  donation  certificate,  in  lieu  of  such  pre-emption  ;  and  the  patent  shall 

Proviso.  issue  as  in  other  cases  of  donations  :  Provided,  That  application  shall  be 

made  for  such  an  exchange,  and  evidence  produced  of  the  date  of  such 

settlement  and  occupancy,  on  or  before  the  thirty- first  day  of  December 

next,  (a) 


MISSISSIPPI.  537 

SEC.  5.  And  be  it  further  enacted,  That  the  right  of  the  United  States,     Right  of  the 


to  all  the  land  lying  between  the  front  street  of  the  city  of  Natchez  and       d    neaf  llnd 

the  Mississippi  River,  and  bounded  on  the  north  by  North  Fourth  street,  adjoining  to 

and  the  land  granted  to  Stephen  Minor,  and  on  the  south,  by  the  lands  Natchez,  vested 

annexed  to  the  old  fort,  and  those  granted  to  William  Barland,  be,  and  Jn   the    corpora- 

the  same  hereby  is,  for  ever  vested  in  the  corporation  of  said  city,  so  as  tlc 

not  to  affect  the  legal  or  equitable  claims  of  any  individuals,  or  of  any 

body  politic,  or  corporate,  if  any  such  there  be  :  Provided,  That  the  said     Proviso. 

land,  as  above  described,  be  neither  cultivated  nor  occupied  by  build- 

ings, but  that  it  be  planted  with  trees,  and  preserved  as  a  common,  for 

the  use,  comfort,  and  health  of  the  inhabitants  of  the  city  aforesaid, 

a,nd  all  other  persons  who  may  occasionally  resort  thither.  (6) 

SEC.  6.  And  be  it  further  enacted,  That  whenever  the  section  No.  16,  Section  16  how 
shall  fall  upon  land  already  granted,  by  virtue  of  any  act  of  Congress,  JJjJf  havefallen 
or  claimed  by  virtue  of  a  British  grant,  the  Secretary  of  the  Treasury  Up0n  any  land 
shall  locate  another  section,  in  lieu  thereof,  for  the  use  of  schools,  which  claimed  by  virtue 
location  shall  be  made  in  the  same  township,  if  there  be  any  other  va-  of  a  British 
cant  section  therein,  and  otherwise,  in  an  adjoining  township,  (c) 

SEC.  7.  And  be  it  further  enacted,  That  Richard  Sparks  be  permitted  to    Where  Richard 
enter  with  the  register  of  the  land  office,  for  the  district  west  of  Pearl  Sparks'  claim  is 
River,  his  claim  to  three  hundred  and  twenty  acres  of  land,  lying  within  to  be  entered. 
said  district  ;  and  that  Richard  S.  Bryan,  and  George  Brewer,  senior,  be     Also  those   of 
permitted  to  enter  with  the  register  of  the  land  office,  for  the  district  Richard  S.  Bryan 
east  of  Pearl  River,  their  certificate  of  a  right  of  pre-emption  for  three  Irewer  sr°  TS& 
hundred  and  twenty  acres  of  land,  lying  within  the  district  last  men- 
tioned :  and  such  entry  of  the  claim  of  the  said  Richard  Sparks  shall 
have  the  same  effect,  as  if  it  had  been  made  prior  to  the  first  day  of  De- 
cember, one  thousand  eight  hundred  and  four,  and  such  entry  of  the 
certificate  of  the  said  Richard  S.  Bryan  and  George  Brewer,  senior,  shall 
have  the  same  effect  as  if  it  had  been  made  within  three  months  from 
the  time  it  was  issued. 

(a)  See  Nos.  718,  723,  731,  737,  745,  753,  1067,  1265,  1266,  1268,  1270,  1275,  1276,  1284,  1286, 
1287,  1292,  1294,  1296,  1299,  1300,  1310,  1318,  1322,  1324,  1333,  1334,  1336,  1386,  1388, 
1399. 

(6)  See  No.  1275. 

(c)  See  Nos.  1266,  1275,  1277,  1295.  1298,  1305,  1315,  1339,  1365,  1366,  1375,  1387,  1402,  1406, 


No.  1272. — AN  ACT  making  appropriations  for  carrying  into  effect  a  treaty  he-  March  3  1807. 
tween  the  United  States  and  the  Chickasaw  tribe  of  Indians ;  and  to  establish  a  land  Vol.  2,  p.  440. 
office  in  the  Mississippi  Territory.  


SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  sur-      Surveyor- gen- 
veyor-general  of  the  public  lands,  south  of  Tennessee,  to  cause  to  be  era!     to     cause 
surveyed  and  laid  out,  in  the  same  manner  as  is  provided  by  law  for  the  {JS  Jherok  ee  a 
other  public  lands  in  the  Mississippi  Territory,  so  much  of  the  lands  and  CMckasaws 
ceded  to  the  United  States  by  the  Cherokees  and  Chickasaws,  as  lies  in  Mississippi,  to 
within  the  said  Territory,  (a)  and  the  President  of  the  United  States  is  be  surveyed, 
hereby  authorized,  whenever  he  shall  think  it  proper,  to  establish  a  land  thorized  to  estab- 
office  for  the  sale  of  the  said  lands,  and  to  appoint  a  register  of  the  same,  ijsn  a  ]and  office, 
and  a  receiver  of  the  public  monies  accruing  from  the  sale  of  the  said 
lands,  whose  respective  emoluments  and  duties  shall  be  the  same  as 
those  of  the  registers  and  receivers  of  the  other  land  offices  in  the  said 
Territory,  (b) 

(a)  See  Nos.  37,  777, 1266,  1269,  1298, 1305,  1343, 1356 

<6)  See  Nos.  731, 1266, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1373, 1410. 


No.  1273.— AN  ACT  confirming  claims  to  land  in  the  district  of  Vincennes,  and     March  3,  1807. 
for  other  purposes.  Vol.  2,  p.  446. 


SEC.  8.  And  be  it  further  enacted,  That  persons  entitled  to  a  right  of  pre-     Time  for  pay- 
emption  to  lands  in  the  Mississippi  Territory,  shall  be  allowed  till  the  m< 
first  day  of  January  next,  to  make  the  first  payment  of  the  purchase 
money  of  such  lands,  (a) 

(a)  See  Nos.  36,  59,  433, 1266, 1267, 1274,  1275, 1276, 1277, 1279, 1281, 1288, 1292, 1293, 1298, 
1301, 1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. 


538  MISSISSIPPI. 

Jau.  10.  ISO?.       No.  1274.— AX  ACT  supplemental  to  an  act,   intituled   "An  act  regulating  the 
Vol.  2,  p.  455.          grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the  United  States, 
south  of  the  State  of  Tennessee." 

Actual  settlers     Be  it  enacted,  That  every  person  and  the  legal  representative  of  every 
entitled   to  a  person,  who  being  either  the  head  of  a  family  or  above  the  age  of  twenty- 
preference  in  be- one  years,  and  who  did  on  the  third  day  of  March,  one  thousard  eight 
coming  p        is-  nundred  and  seven,  actually  inhabit  and  cultivate  a  tract  of  land  not 
claimed  by  virtue  of  a  certificate  granted  by  the  boards  of  commission- 
ers east  and  west  of  Pearl  River,  in  the  Mississippi  Territory,  and  who 
has  obtained  permission  to  remain  on  such  tract  or  tracts  of  land  agree- 
ably to  an  act,  intituled  "An  act  to  prevent  settlements  being  made  on 
lands  ceded  to  the  United  States,  nntil  authorized  by  law,"  shall  be 
entitled  to  a  preference  in  becoming  the  purchaser  from  the  United 
States  of  such  tract  of  land,  at  the  price  at  which  the  other  lands  of 
the  United  States  in  the  said  Territory,  are  directed  to  be  sold,  and  pay- 
ment may  be  made  therefor  in  the  same  manner,  and  under  the  same 
Proviso-  that  conditions  as  directed  by  Jaw  for  suchother  lands:    Provided,  That  such, 
such  tract   of  tract  of  laud  shall  not  exceed  one  section:  And  provided  also,  That  the 
land  shall  not  same  shall  be  surveyed  agreeably  to  the  sectional  lines  already  estab- 
exo.-rd  one  sec-  Hshed,  or  which  may  hereafter  be  established  by  the  surveyor  of  the 
Sieved  agree6  lands  of  the  United  States  south  of  the  State  of  Tennessee, 
ably  to  sectional     SEC.  2.  And  be  it  further  enacted,  That  every  person  claiming  a  tract 
lines  already  es-  of  land  by  virtue  of  this  act  shall,  before  the  first  day  of  October  next, 
tablished.  deliver  to  the  register  of  the  land  office  within  whose  district  the  land 

y  persons  mav  ^e»  a  notice  of  his  claim  in  writing,  together  with  a  plat  of  the 
iming  under  tract  of  land  claimed;  and  if  any  person  shall  fail  to  deliver  such 
the  foregoing  sec- notice  and  plat,  the  person  or  persons  so  failing,  shall  forfeit  all 
ti™  •  *  claim  or  pretension  of  claim  to  such  tract  of  land,  and  the  same  shall 

otherewisrelgf  or8  be  8old  with  tbe  °.ther  lands  of  the  United  States  in  said  Territory. 
felted.  SEC.  3.  And  be  it  further  enacted,  That  persons  entitled  to  a  right  of 

Time  allowed  pre-emption  under  tbe  first  section  of  this  act,  shall  be  allowed  until 
to  persons  hav-  the  nr8t  ^ay  of  January,  one  thousand  eight  hundred  and  nine,  to  make 
rights™  m  tne  first  Payment  of  the  purchase  money  of  such  tract  or  tracts  of  land 

as  may  be  claimed  by  virtue  of  said  section,  and  the  residue  of  the  said 
purchase  money  shall  be  paid  in  the  same  manner,  and  under  the  same 
conditions  as  directed  for  the  other  lands  in  said  Territory,  (a) 

This  act  not  to     SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  not  extend  to 
extend  to  certain  aily  person  or  persons  claiming  other  lands  in  said  Territory  in  his  or 
'  their  own  right,  by  virtue  of  British  or  Spanish  grants,  or  to  any  per- 
son or  persons  to  whom  a  donation  has  been  granted,  by  either  of  the 
said  boards  of  commissioners. 

(a)  See  Xos.  36,  59,  433,  1266, 1267, 1273, 1.75, 1276, 1277, 1279, 1281, 1288, 1292, 1293,  1298, 
1301,  1305, 1315, 1323, 1327, 1336,  1361, 1382, 1391, 1408, 1414,  1416, 1417. 


March  31, 1808.  No.  1275.— AN  ACT  concerning  the  sale  of  the  lands  of  the  United  States,  and 
Vol.  2,  p.  479.  for  other  purposes. 

Public  la    d        ^€  *'*  €nacted>  $c->  That  whenever  the  President  of  the  United  States 

may1  be   offered  bas  been  or  may  be  authorized  to  cause  the  public  lands,  in  any  land 

for  sale  in  such  district,  to  be  offered  for  sale,  it  shall  be  lawful,  whenever  he  shall 

proportions  as  think  it  convenient,  to  offer  for  sale,  at  first,  only  a  part  of  the  lands 

resident  contained  in  such  district,  and  at  any  subsequent  time  or  times,  to  offer 

for  sale  in  the  same  manner,  any  other  part,  or  the  remainder  of  the 

lauds  contained  in  the  same,  (a) 

Part  of  a  for-  SEC.  2.  And  be  it  further  enacted,  That  the  fourth  section  of  an  act 
mer  act  revived,  passed  the  twenty-first  day  of  April,  one  thousand  eight  hundred  and 
six,  intituled  "An  act  in  addition  to  an  act  intituled  An  act  regulating 
the  grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the 
United  States  south  of  the  State  of  Tennessee,"  be  revived  and  contin- 
ued in  force  until  the  first  day  of  October  next:  and  in  any  case  where 
a  donation  shall  be  granted  in  lieu  of  a  pre-emption  certificate,  agreea- 
ble to  the  provisions  of  the  said  fourth  section,  the  money,  if  any  shall 
have  been  paid,  shall  be  by  the  receiver  of  the  public  money  repaid  to 
the  person  or  persons  who  have  paid  the  same. 

Settlers  on  the      SEC.  3.  And  be  it  further  enacted,  That  certain  settlers  on  the  river 

river  Mobile  al-  Mobile,  in  the  Mississippi  Territory,  east  of  Pearl  River,  who  reside  near 

time  to  put  in  the  line  of  demarcation,  between  the  United  States  and  Spain,  run  in 

then  claims.         pursuance  of  the  treaty  of  the  twenty -seventh  day  of  October,  one 

thousand  seven  hundred  and  ninety-five,  and  whose  claims  to  land  has 


MISSISSIPPI.  539 

not  been  decided  on  according  to  law,  shall  be  allowed  until  the  first 
day  of  October  next,  to  file  a  notice  in  writing  with  the  register  of  the 
land  office,  stating  the  nature  and  extent  of  their  claims,  together  with 
a  plat  of  the  tract  or  tracts  claimed;  And  the  said  register  of  the  land 
office,  and  the  receiver  of  public  monies,  are  hereby  required  to  hear  and 
determine  such  claims  according  to  the  several  acts  of  Congress  "regu- 
lating the  grants  of  land  and  providing  for  the  disposal  of  the  lands  of 
the  United  States  south  of  the  State  of  Tennessee,"  and  to  grant  certifi- 
cates in  the  form  heretofore  prescribed  by  the  board  of  commissioners 
in  said  district. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  re-     Reports  to  be 
gistersof  the  land  office  east  and  west  of  Pearl  River,  in  the  Missis-  ^f  de  bY  t*16  re% 
Bippi  Territory,  to  transmit  to  the  Secretary  of  the  Treasury  of  the  Uni-  oSa  eS  and 
ted  States,  on  or  before  the  first  day  of  November  next,  a  full  and  fair  west  of  Pearl  Riv- 
report  of  all  the  claims  of  certain  persons  to  lands  in  the  Mississippi  er,  to  the  Secre- 
Territory,  founded  upon  British  or  Spanish  warrants  or  orders  of  8ur-  tajy  °*  the  Trea8' 
vey  granted  prior  to  the  twenty-seventh  day  of  October,  one  thousand  ury> 
seven  hundred  and  ninety-five,  not  confirmed  by  former  laws  regulat- 
ing the  grants  of  lands  in  said  Territory,  which  have  heretofore  been 
regularly  filed  with  the  register  of  the  land  office  aforesaid,  together 
with  the  evidence  in  support  of  such  claims  respectively,  and  to  be  by 
him  laid  before  Congress  at  their  next  ensuing  session.    And  the  land 
contained  in  such  warrants  or  orders  of  survey  shall  not  be  disposed  of 
until  otherwise  directed  by  law.  (&) 

SEC.  5.  And  be  it  further  enacted,  That  that  part  of  the  lands  to  which     Certain    lands 
the  Indian  title  was  extinguished  by  the  treaty  with  the  Choctaw  na- 


tion  made  on  Mount  Dexter,  in  the  year  one  thousand  eight  hundred  tinguished,  to  be 

and  five,  lying  on  the  east  of  Pearl  River,  shall  be  attached  to  the  land  attached  to  land 

district  east  of  Pearl  River,  and  that  the  residue  of  the  lands  to  which  district  east    of 

the  Indian  title  was  extinguished  by  said  treaty,  shall  be  attached  to  Pe 

the  land  district  west  of  Pearl  River;  (c)  and  the  said  lands  shall,  with 

the  exception  of  section  number  sixteen,  which  shall  be  reserved  in 

each  township  for  the  use  of   schools  within  the  same,  (d)  and  also 

with  the  exception  of  fifteen  hundred  acres  of  land,  which  is  hereby 

confirmed  to  John  M'Grew,  in  compliance  with  the  fourth  article  of 

said  treaty,  be  offered  for  sale  under  the  same  regulations,  at  the  same 

prices,  and  on  the  same  terms  as  other  lands  lying  within  the  said  dis- 

tricts. (a) 

SEC.  6.  And  be  it  further  enacted,  That  every  person  and  the  legal  rep-  Actual  settlers 
resentatives  of  every  person,  who  being  either  the  head  of  a  family,  or  on  .lands  of  the 
above  the  age  of  twenty  -one  years,  who  did  before  the  third  day  of  S?«f««inni  6nv? 

•  --  -  «--»-    JxLlSSlSSll     J.6r- 


•*r    i         i         -i»iji-«^      -•  ii«-i-i»i-i  x  .- 

March,  one  thousand  eight  hundred  and  seven,  actually  inhabit  and  ritory,  allowed  a 

cultivate  a  tract  of  land  in  the  Mississippi  Territory,  belonging  to  the  further  time. 

United  States,  shall  be  allowed  until  the  first  day  of  October  next,  to 

obtain  permission  to  remain  on  such  tract  or  tracts  of  land,  according 

to  the  provisions  of  the  act,  intituled  "An  act  to  prevent  settlements 

being  made  on  lands  ceded  to  the  United  States  until  authorized  by 

law,"  and  the  person  or  persons  obtaining  such  permission  shall  be  en- 

titled to  all  the  benefits,  rights  and  privileges  granted  by  law  to  those 

who  obtained  the  same  power  prior  to  the  first  day  of  January,  one 

thousand  eight  hundred  and  eight. 

SEC.  7.  And  be  it  further  enacted,  That  the  right  of  the  United  States  Right  of  the 
to  two  town  lots  lying  and  being  in  the  city  of  Natchez  be,  and  the  JJnited  States  to 
same  is  hereby  forever  vested  in  the  corporation  of  the  said  city,  so  as  £w^ed  to^the  cor- 
not  to  affect  the  legal  or  equitable  claims  of  any  individuals,  or  of  any  poration  of 
body  politic  or  corporate,  if  any  such  there  be.  (e)  Natchez. 

SEC.  8.  And  be  it  farther  enacted,  That  whenever  the  claims  of  per-     Interfering 
sons  having  a  right  of  pre-emption  in  either  of  the  districts  east  or  claims    in 
west  of  Pearl  River,  shall  interfere  with  each  other,  the  register  and  ™8 


receiver  of  public  monies  are  hereby  authorized  in  their  respective  dis-  River,  how  to  be 
tricts  so  to  regulate  their  locations  as  to  prevent  such  interference,  (a)  settled. 

(a)  See  Nos.  36,  59,  433,  1266,  1267,  1273,  1274,  1276,  1277,  1279,  1281,  1288,  1292,  1293,  1298, 

1301,  1305,  1315,  13-23,  1327,  1336,  1361,  1382,  1391,  1408,  1414.  1416,  1417. 
(6)  See  Nos.  718,  723,  731,  737,  745,  753,  1067,  1265,  1266,  1268,  1270,  1271,  1276,  1284,  1286, 

1287,  1292,  1294,  1296,  1299,  1300,  1310,  1318,  1322,  1324,  1333,  1334,  1336,  1386,  1388, 

1399. 

(c)  See  Nos.  731,  1266,  1272,  1279,  1298,  1305,  1310,  1315,  1328,  1349,  1355,  1363,  1373,  1410. 

(d)  See  Nos.  1266,  1271,  1277,  1295,  1298,  1305,  1315,  1339,  1365,  1366,  1375.  1387,  1402,  1406, 

1416. 

(e)  See  No.  1271. 


540  MISSISSIPPI. 

Feb. 28, 1809.  No.  J276.— AX  ACT  for  the  disposal  of  certain  tracts  of  laud  in  the  Mississippi 
VoL  2,  p.  526.  Territory,  claimed  under  Spanish  grants,  reported  by  the  land  commissioners  as 
antedated,  and  to  confirm  the  claims  of  Abraham  Ellis  and  Daniel  Harregal. 


Lands  covered  He  it  enacted,  <$*c.,  That  the  several  tracts  of  lacd,  in  the  Mississippi 
by  i  ej  ec ted  Territory,  the  titles  to  which  have  been  derived  under  Spanish  claims 
claims  to  be  sold  an(j  whjch  have  been  disallowed  by  the  boards  of  commissioners  east 
lauds er  1C  and  west  of  Pearl  River,  on  suspicion  of  the  grants,  warrants  or  orders 

of  survey,  on  which  the  claims  are  grounded,  being  antedated  or  other- 
wise fraudulent,  and  which  are  embraced  in  the  report  of  the  said  boards 
of  commissioners,  laid  before  Congress,  agreeable  to  the  third  section  of 
an  act,  intituled,  "An  act  supplementary  to  the  act  intituled  An  act 
regulating  the  grants  of  land,  and  providing  for  the  disposal  of  the 
lands  of  the  United  States,  south  of  the  State  of  Tennessee,"  shall  be, 
and  the  same  are  hereby  directed  to  be  sold,  in  the  same  manner,  at  the 
same  price,  and  on  the  same  terms  and  conditions,  as  have  been,  or  may 
be  by  law  provided  for  the  sale  of  the  other  public  lands  in  the  said 
Territory ;  (a)  and  any  person  or  persons  claiming  under  a  Spanish 
grant,  warrant  or  order  of  survey  as  aforesaid,  shall  be  entitled  to  in- 
stitute, in  the  highest  court  of  law  or  equity  in  the  said  Territory,  his 
or  their  suit  or  action  for  the  recovery  of  the  tract  or  tracts  so  claimed 
Proviso.  as  aforesaid :  Provided,  Such  claimant  or  claimants  shall  institute  his  or 

their  suit  or  action  within  the  term  of  one  year  from  and  after  the 
tract  or  tracts  so  claimed  shall  have  been  sold  by  the  United  States,  or 
in  case  the  same  is  now  inhabited  and  cultivated,  in  virtue  of  a  pre-emp- 
tion right,  within  one  year  from  and  after  the  passing  of  this  act :  and 
if  any  person  or  persons,  claiming  lands  as  aforesaid,  shall  fail  or  neglect 
to  commence  or  institute  his  or  their  suit  or  action,  in  the  manner  and 
within  the  time  prescribed  by  this  section,  or  shall  be  non-suit  or  dis- 
continue the  same,  his  or  their  right  to  commence  such  suit  or  action, 
in  any  court  whatsoever,  shall  be  forever  barred  and  foreclosed. 
Grants  t  o  b  e  SEC.  2.  And  be  it  further  enacted,  That  if  the  person  or  persons  claiming 
valid,  must  have  under  such  grant,  warrant  or  order  of  survey,  shall  make  it  appear  to 
"been  surveyed  the  satisfaction  of  the  court,  before  whom  such  suit  or  action  shall  be 
27  I795e  (  CT  Pending> tnat  th6  tract  of  land  therein  specified,  was  actually  surveyed 
prior  to  the  twenty-seventh  day  of  October,  one  thousand  seven  hun- 
dred and  ninety-five,  then,  and  in  that  case,  the  same  shall  be  deemed 
and  held  to  be  good  and  valid,  to  all  intents  and  purposes,  any  thing  in 
this  act  to  the  contrary  notwithstanding :  But  in  case  the  claimant  or 
claimants  shall  fail  to  prove  the  tract  or  tracts  of  land  so  claimed,  to 
have  been  actually  surveyed  prior  to  the  twenty-seventh  day  of  Octo- 
ber, one  thousand 'seven  hundred  and  ninety- five,  or  in  case  the  same 
shall  appear  to  be  otherwise  fraudulent  or  illegal,  the  grant,  warrant  or 
order  of  survey,  granted  by  the  Spanish  Government,  as  aforesaid,  by 
virtue  of  which  such  tract  or  tracts  of  land  may  be  claimed,  shall  be, 
and  the  same  is  hereby  declared  null  and  void,  to  all  intents  and  pur- 
poses, and  shall  not  be  read  in  evidence  against  any  claim  or  certificate 
of  pre-emption,  derived  from  the  United  States. 

Parole  evi-      SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful,  in  the  trial 
deuce  lawful  for  of  such  suit  or  action,  for  either  party  to  introduce  parole  evidence  for 
supporting  or  in-  the  purpose  of  supporting  or  invalidating  the  grant,  warrant  or  order  of 
erants    &       °  ^  survey  as  aforesaid  ;  and  the  judgment,  sentence  or  decree  of  the  said 
highest  court  of  law  or  equity,  in  the  cases  aforesaid,  shall  be  final  and 
conclusive  between  the  parties,  and  may  be  plead  in  bar  to  any  subse- 
quent suit  or  action  brought  in  the  same  or  any  other  court,  for  the  re- 
covery of  the  same  land  or  any  part  thereof,  (b) 

Abraham  Ellis      SEC.  4.  And  be  it  further  enacted,  That  Abraham  Ellis  be,  and  he  is 
confirmed  in  his  hereby  confirmed  in  a  tract  of  land  granted  by  the  British  Government 
title  to  a  tract  of  of  West  Florida  to  Stephen  Jordan,  containing  the  quantity  of  two 
hundred  acres,  lying  and  being  on  the  waters  of  Boyd's  Creek,  according 
to  the  metes  and^bounds  of  said  tract  of  land  set  forth  in  the  plat  thereof 
made  by  the  surveyor-general  of  said  province  of  West  Florida;  and 
that  the  amount  of  money  which  the  said  Ellis  may  have  been  com- 
pelled to  pay  to  the  receiver  of  public  monies  west  of  Pearl  River,  in 
the  Mississippi  Territory,  for  said  tract  of  land,  be  refunded  to  him  by 
the  receiver  aforesaid. 

Daniel  Harre-  SEC.  5-  ^nd  be  it  further  enacted,  That  Daniel  Harregal  be  and  he  is 
gal  also  con-  hereby  confirmed  in  his  title  in  fee-simple  to  the  tract  of  land  whereon 


MISSISSIPPI.  541 

he  resides,  containing  the  quantity  of  five  hundred  and  fifty  acres,  fir m e d  in  hi& 
agreeably  to  a  plat  thereof  filed  with  the  register  of  the  land  office,  west tltie- 
of  Pearl  River,  in  the  Mississippi  Territory. 

(a)  See  Nos.  3G,  59,  433, 1266,  1267, 1273, 1274, 1275, 1277, 1279,  1281, 1288,  1292, 1293, 1298, 

1301. 1305,  1315,  1323, 1327, 1336, 1361,  1382,  1391, 1408, 1414, 1416, 1417. 

(b)  See  Nos.  718,  723,  731,  737,  745,  753, 1067, 1275,  1284,  1286,  1287,  1292, 1294,  1296, 1299, 

1300, 1310, 1318, 1322, 1324, 1333, 1334, 1336, 1386, 1388, 1399. 

BfO.  1277.— AN  ACT  supplementary  to  an  act,  entituled  "An  act  making  appropri-  June  15,  1809. 
ations  for  carrying  into  effect  a  treaty  between  the  United  States  and  the  Chickasaw  Vol.  2,  p.  548. 
tribe  of  Indians ;  and  to  establish  a  land  office  in  the  Mississippi  Territory." 


Be  it  enacted,  #c.,  That  so  much  of  the  lands  ceded  to  the  United  S:  ates    Lands  ceded  by 
by  the  Cherokee  and  Chickasaw  Indians,  as  lies  within  the  Mississippi  the     Cherokees, 
Territory,  and  for  which  a  land  office  was  directed  to  be  established,  *•£•»  to  be  offered 
by  the  second  section  of  the  act  to  which  this  act  is  a  supplement,  shall,  °iitservatio  n  s , 
with  the  exception  of  section  number  sixteen  in  each  township,  which  &c. 
shall  be  reserved  for  the  use  of  schools  within  the  same,  (a)  and.  with  the 
exception  of  the  salt  springs  and  lands  contiguous  thereto,  which,  by  the 
direction  of  the  President  of  the  United.  States,  may  be  reserved  for 
the  future  disposal  of  the  said  United  States,  be  offered  for  sale  to  the 
highest  bidder,  under  the  direction  of  the  register  of  the  land  office  and 
of  the  receiver  of  public  monies,  at  the  place  where  the  land  office  is 
established ;  and  on  the  day  or  days  which  shall  have  been  designated 
by  proclamation  of  the  President  of  the  United  States  for  that  purpose, 
the  sales  shall  remain  open  for  six  weeks,  and  no  longer  ;  the  lands    The  sales  to  re- 
shall  not  be  sold  for  less  than  two  dollars  an  acre,  and  shall  be  sold  in  main  open  for  six 
tracts  of  the  same  size,  and  in  all  respects  on  the  same  terms  and  con-  Jficif  the  lands 
ditions  as  have  been  or  may  be  by  law  provided  for  the  sale  of  the  other  may  D6  80id  at 

Eublic  lands  in  the  Mississippi  Territory.  All  the  lands  of  the  United  private  sale, 
tates  in  the  said  district,  with  the  exceptions  above  mentioned,  remain- 
ing unsold  at  the  close  of  the  public  sales,  may  be  disposed  of  at  pri- 
vate sale,  by  the  register  of  the  laud  office,  in  the  same  manner,  under 
the  same  regulations,  for  the  same  price,  and  on  the  same  terms  and 
conditions  as  are  or  may  be  provided  by  law,  for  the  sale  of  the  lands 
of  the  United  States  in  the  Mississippi  Territory ;  and  patents  shall  be 
obtained  for  lands  sold  in  said  district,  in  the  same  manner,  and  on  the 
same  terms  as  are  provided  by  law  for  other  public  lands  sold  in  the 
Mississippi  Territory.  (&) 

SEC.  2.  And  be  it  further  enacted,  That  the  superintendents  of  the  Compensation 
public  sates,  directed  by  this  act,  shall  each  receive  six  dollars  a  day, to,  superintend- 
for  every  day's  attendance  on  the  said  sales. 

(a)  See  Nos.  1266,  1271,  1275, 1295. 1298, 1305, 1315, 1339, 1365, 1366, 1375, 1387, 1402, 1406, 

1416. 
(&)  See  Nos.  36,  59,  433,  1266, 1267, 1273, 1274, 1275, 1276, 1279,  1281, 1288, 1292, 1293, 1298, 

1301, 1305, 1315, 1323, 1327,  1336, 1361, 1382, 1391, 1408, 1416, 1417. 

No.  1 278.— A  PROCLAMATION  by  the  President  of  the  United  States  respecting     Oct.  27,  1810. 
taking  possession  of  part  of  Louisiana.  Vol.  11,  p.  761. 

[Possession  to  be  taken  of  territory  south  of  Mississippi  Territory,  east  — 
of  Mississippi  River,  and  extending  to  Perdido  River.     See  LOUISIANA, 
No.  707.] 

No.  1279.— AN  ACT  providing  for  the  removal  of  the  land  office  established  at     Feb.  25,  1811. 

Nashville,  in  the  State  of  Tennessee,  and  Canton  in  the  State  of  Ohio;  and  to  au-     Vol.  2,  p.  649. 

thorize  the  register  and  receiver  of  public  monies  to  superintend  the  public  sales  of  — 

land  in  the  district  east  of  Pearl  Elver. 

Be  it  enacted,  $c.,  That  the  President  of  the  United  States  be,  and  he     President   au- 
hereby  is  authorized  to  remove  the  land  office  established  for  the  sale  JJJ™*   *J  J 
of  public  lands  ceded  to  the  United  States  by  the  Cherokee  and  Chick-  ]and  offices  f  rom 
asaw  Indians  in  the  Mississippi  Territory,  from  Nashville,  to  such  place  Nashville     and 
within  the  district  for  which  it  was  established  as  he  may  judge  most  from  Canton, 
proper ;  and  to  remove  the  land  office  from  Canton  in  the  State  of  Ohio, 
to  some  suitable  place  within  the  district    for  which  it  was  estab- 
lished, (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  public  sales  of  the  public  By  whom  pub- 
lands,  in  the  district  east  of  Pearl  River,  in  the  Mississippi  Territory, }  o  sales  of  pub- 
and  also  in  the  district  of  Kaskaskia,  in  the  Illinois  Territory,  be  con-  di8tricntas e^t  of 
ducted  under  the  superintendence  alone  of  the  register  and  receiver  of  pearl  river  are 
public  monies  for  the  said  districts,  who  are  hereby  authorized  and  to  be  conducted, 
empowered  to  superintend  the  same,  in  their  respective  districts,  any 


542  MISSISSIPPI. 

law  to  the  contrary  notwithstanding ;  and  they  shall  receive  the  com- 
pensation provided  by  law  for  the  superintendence  of  public  sales  in 
the  district  aforesaid.  (&) 

•»•»•*##»# 

(a)  See  Nos.  731,  1266,  1272,  1275,  1298.  1305,  1310,  1315, 1328,  1349.  1355,  1363,  1373. 
(6)  See  Nos.  36,  59,  433,  1266,  1267,  1273,   1274,   1275,  1276,   1277,  1281,  1288,   1292,  1293, 
2298,  1301,  1305,  1415, 1323,  1327,  1336,  1361,  1382,  1391,  1408,  1414,  1416,  1417. 


March  3, 1811.    No.  1 280.— AN  ACT  for  the  relief  of  Richard  Tervin,  William  Coleman,  Edwin 
Vol.  6,  p.  99.  Lewis,  Samuel  Mims,  and  Joseph  "Wilson,  of  the  Mississippi  Territory. 


Donation  certi-      Be  it  enacted,  <$-c.,  That  Richard  Tervin  be,  and  he  is  hereby,  author- 

ficate  for  a  tract  ized  to  produce  to  the  register  of  the  land  office,  and  the  receiver  of 

?f  if-nv,  gia™ed  public  moneys,  for  the  district  east  of  Pearl  River,  in  the  Mississippi 

vin   on  his  pro-  Territory,  evidence  of  his  having  inhabited  and  cultivated  a  tract  of 

duc'ing  certain  land  in  said  Territory,  prior  to  the  thirtieth  day  of  March,  one  thousand 

evidence.  seven  hundred  and  ninety-eight ;  and  in  case  such  evidence  shall  be 

produced,  the  said  register  and  receiver  are  required  to  grant  to  the 

said  Richard  Tervin  a  donation  certificate  for  such  tract  of  land,  not 

exceeding  six  hundred  and  forty  acres. 

To  William      SEC.  2.  And  be  it  further  enacted,  That  William  Coleman  be,  and  he 
Coleman.  js  hereby  authorized  to  produce  to  the  said  register  and  receiver,  evi- 

dence of  his  right  to  a  donation  of  a  tract  of  land  on  the  Tombigbee 
River  in  said  Territory  ;  and  in  case  he  shall  produce  satisfactory  evi- 
dence to  the  said  register  and  receiver,  that  he  was  entitled  to  a  dona- 
tion of  such  tract,  according  to  the  provisions  of  the  second  section  of 
the  act  entitled  "An  act  regulating  the  grants  of  land  and  providing 
for  the  disposal  of  the  lands  of  the  United  States,  south  of  the  State  of 
Tennessee,"  and  the  acts  supplementary  thereto,  it  shall  then  be  lawful 
for  the  said  William  Coleman  to  locate  a  quantity  of  land  equal  to  that 
to  which  he  was  entitled  under  the  above-mentioned  provisions,  on  any 
lands  of  the  United  States,  which  shall  have  been  offered  at  public  sale, 
in  the  said  district,  and  that  shall  then  remain  unsold  ;  and  it  shall  be 
the  duty  of  the  said  register  and  receiver  to  issue  a  donation  certificate 
to  the  said  William  Coleman,  for  the  land  so  located  by  him. 

Eight  of  pre-     SEC.  3.  And  be  it  further  enacted,  That  Edwin  Lewis  be   entitled  to 
emption  vested  the  right  of  pre-emption  in  five  acres  of  land,  situate  within  the  bound- 
in  Edwin  Lewis.  arje8  of  a  tract  of  land,  whereon  he  resides,  which  five  acres  were  here- 
tofore used  for  an  encampment,  for  the  troops  of  the  United  States,  so 
soon  as  the  same  shall  cease  to  be  used  for  that  purpose ;  the  said  five 
acres  to  be  paid  for  at  the  same  price,  on  the  same  terms  and  conditions, 
as  are  provided  for  lands  granted  by  right  of  pre-emption  in  the  Missis- 
sippi Territory. 

Titleof  Samuel     SEC.  4.  And  be  it  further  enacted,  That  Samuel  Mims  be,  and  he  is 
Mims  confirmed,  hereby  confirmed  in  his  title  to  a  tract  of  land,  containing  five  hundred 
and  eighty-four  acres,  granted  by  the  British  Government  of  West 
Florida,  to  William  Clark,  so  as  not  to  deprive  the  heirs  of  said  Clark, 
or  any  other  person  or  persons,  of  their  legal  remedy,  if  any  they  have, 
for  the  recovery  of  said  land  from  said  Minis,  his  heirs  or  assigns. 
Joseph  Wilson      SEC.  5.  And  be  it  further  enacted,  That  Joseph  Wilson  be,  and  he  is 
authorized  to  en-  hereby  authorized  to  enter  with  the  register  of  the  land  office  his  certifi- 
p  r  eC?empatfo°n  cate  of  pre-emption  right,  granted  to  him  by  the  board  of  commissioners, 
right,  &c.  for  the  district  east  of  Pearl  River,  in  the  Mississippi  Territory,  for  the 

quantity  of  four  hundred  and  eighty  acres  of  land,  lying  on  the  Tombig- 
bee River  in  said  Territory;  and  that  payment  be  made  therefor,  at  the 
same  price,  and  on  the  same  terms  and  conditions,  as  are  provided  by 
law,  for  other  lands  granted  in  right  of  pre-emption  in  said  Territory. 


Dec  12,1811.     No.  1281.— AN  ACT  allowing  further  time  for  completing  the  payments  oncer- 
Vol.  2,  p.  663.  tain  lands  held  by  right  of  pre-emption,  in  the  Mississippi  Territory. 

Purchasers  al       ^e  ^  enacted,  $c.,  That  all  the  purchasers  of  public  lands,  by  right  of 
lowed  until  Jan"  pre-emption  in  the  Mississippi  Territory,  who  have  made  payment  of 
t,  1813,  to  com-  their  first  instalment  of  the  purchase  money,  be  allowed  until  the  first 
lettheir  Pay  dajr  of  January»  one  thousand  eight  hundred  and  thirteen,  to  complete 
the  payments  on  their  lands,  respectively,  any  law  to  the  contrary  not- 
withstanding, (a) 

(a)  See  Nos.  36,  59,  433,  1266, 1267, 1273, 1274. 1275, 1276, 1277, 1279, 1288, 1292, 1293, 1298, 
1301,  1305,  1315, 1323, 1327,  1336, 1361, 1382, 1391,  1408, 1414,  1416, 1417. 


MISSISSIPPI.  543 

No.  1282.— AN  ACT  authorizing  the  Secretary  of  the  Treasury  to  locate  thelands     Feb.  20,  1812. 
reserved  for  the  use  of  Jefferson  College, 'in  the  Mississippi  Territory.  Vol.  2,  p.  679. 


Be  it  enacted,  #c.,  That  the  Secretary  of  the  Treasury  be,  and  he  is     The  Secretary 
hereby  authorized  and  empowered  to  locate  in  one  body,  the  thirty-six  of  the  Treasury 
sections  of  land  reserved  for  the  use  of  Jefferson  College  in  the  Missis-  body  The  thirty! 
sippi  Territory,  by  an  act,  entituled  "An  act  regulating  the  grants  of  8jx    sections  of 
land,  and  providing  for  the  sale  of  the  lands  of  the  United  States  south  land  reserved  for 
of  the  State  of  Tennessee,"  passed  on  the  third  day  of  March,  one  thou-  Jefferson  College 
sand  eight  hundred  and  three,  on  any  lands  within  the  said  Territory  Jj^-jJ^  fJJ3 
not  sold,  or  otherwise  disposed  of,  and  to  which  the  Indian  title  has 
been  extinguished,  (a) 

(a)  See  Nos.  1266, 1268, 1346. 


No.  1283.—  AN  ACT  for  the  relief  of  Thomas  O'Banuon.  Feb.  24,  1812. 

Be  it  enacted,  fc.,  That  Thomas  O'Bannou  be  permitted  to  withdraw     VoL  6>  p"  1Q4' 
his  entry  in  the  land  office  of  Madison  County,  Mississippi  Territory,     Entry  may  be 
from  the  southeast  quarter  of  section  two,  township  two,  range  one,  withdrawn    and 

*       else- 


west;  and  the  money  paid  by  him  on  the  said  entry,  shall  be  placed 

his  credit  on  any  purchase  he  shall  or  may  have  made  of  public  land  in 

the  same  district  :  Provided,  It  shall  satisfactorily  appear  to  the  regis-    Provi80- 

ter  of  the  said  office,  that  the  range  two,  west,  has  been,  by  error  of  the 

surveyor,  marked  range  one. 


No.  1284.— AN  ACT  for  ascertaining  the  titles  and  claims  to  lands  in  that  part  of     April  25,  1812. 
the  Louisiana  which  lies  east  of  the  river  Mississippi  and  island  of  New  Orleans.         Yol.  2,  p.  713. 

[See  LOUISIANA,  No.  718.] 

No.  1285.— AN  ACT  to  enlarge  the  boundaries  of  the  Mississippi  Territory.  May  14,  1812. 

Be  it  enacted,  <$-c.,  That  all  that  portion  of  territory  lying  east  of  Pearl °  '  '  P' 1— 

Eiver,  west  of  the  Perdido,  and  south  of  the  thirty-first  degree  of  lati-     Boundaries  of 

tude,  be,  and  the  same  is  hereby  annexed  to  the  Mississippi  Territory  j 

to  be  governed  by  the  laws  now  in  force  therein,  or  which  may  hereafter  ed. 

be  enacted,  and  the  laws  and  ordinances  of  the  United  States,  relative 

thereto,  in  like  manner  as  if  the  same  had  originally  formed  a  part  of 

said  Territory  ;  and  until  otherwise  provided  by  law,  the  inhabitants  of 

the  said  district  hereby  annexed  to  the  Mississippi  Territory,  shall  be 

entitled  to  one  representative  in  the  general  assembly  thereof,  (a) 

(a)  See  Nos.  1264, 1265, 1303, 1304, 1306. 

No.  1286.— AN  ACT  confirming  claims  to  lands  in  the  Mississippi  Territory,     June  30, 1812. 
founded  on  warrants  of  survey  granted  by  the  British  or  Spanish  Government.  Vol.  2,  p.  765. 

Be  it  enacted,  $-c.,  That  every  person,  and  the  legal  representative  of    Certain  claims 
every  person  claiming  lauds  in  the  Mississippi  Territory  by  virtue  of  a  confirmed. 
British  or  Spanish  warrant  or  order  of  survey,  granted  prior  to  the 
twenty-seventh  day  of  October,  one  thousand  seven  hundred  and  ninety- 
five,  who  were  on  that  day  actually  resident  in  the  said  Territory,  and 
whose  claims  have  been  regularly  filed  with  the  proper  register  of  the 
land  office  east  and  west  of  Pearl  River,  according  to  law,  and  reported 
to  Congress,  agreeably  to  the  fourth  section  of  the  act  entituled  "An  act 
concerning  the  sale  of  the  lands  of  the  United  States,  and  for  other  pur- 
poses," passed  on  the  thirty- first  day  of  March,  one  thousand  eight  hun- 
dred and  eight,  be  and  they  are  hereby  confirmed  in  their  rights  to  land 
so  claimed.    And  the  register  and  receiver  of  public  monies  for  the  dis-     Register  and 
trict  within  which  the  lauds  may  lie,  are  authorized  and  required  to  receiver  to  make 
make  out  to  such  claimant  or  claimants,  entitled  thereto  by  the  provi-  Jf"^^^ 
sions  of  this  act,  a  certificate  of  confirmation,  for  each  of  which  certifi- 
cates the  register  and  receiver  shall  each  receive  one  dollar,  directed  to 
the  Commissioner  of  the  General  Land  Office  ;  and  if  it  shall  appear  to 
the  satisfaction  of  the  said  Commissioner  that  such  certificates  have     Patents  to  be 
been  fairly  obtained,  according  to  the  true  intent  and  meaning  of  this  granted  on  such 
act,  then  and  in  that  case  patents  shall  be  granted  in  like  manner  as  is  ce 
provided  by  law  for  the  other  lands  of  the  United  States :  Provided,  That     Proviso, 
no  person  shall  be  entitled  to  the  benefit  of  this  act  who  shall  not  ap- 
pear by  the  report  made  to  Congress  as  aforesaid  or  by  the  records  of 


544  MISSISSIPPI. 

the  boards  of  commissioners  for  the  said  Territory  to  have  been  a  resi- 
dent of  said  Territory  on  the  twenty-seventh  day  of  October  one  thou- 
sand seven  hundred  and  ninety-live;  nor  shall  any  person  be  entitled 
to  the  benefit  thereof  who  has  received  a  donation  grant  from  the  United 
States  :  Provided  also,  That  not  more  than  six  hundred  and  forty  acres 
shall  by  virtue  of  this  act  be  granted  to  any  one  claira. 

This  act  not  to  Szc  2.  And  be  it  further  enacted  That  nothing  in  this  act  contained 
cJionsof  °a  cer~- ^all  ^e  construed  to  aft'ect  the  decisions  of  the  courts  of  justice  in  the 
tain  kind.  said  Territory,  heretofore  made  respecting  the  claims,  or  any  part 

thereof,  embraced  by  the  preceding  section,  or  to  prevent  a  judicial  de- 
cision between  the  holder  of  a  British  patent,  legally  and  fully  executed 
and  recorded  with  the  register  of  the  land  office  east  or  west  of  Pearl 
River,  and  the  persons  whose  claims  are  confirmed  by  the  preceding 
section  where  such  claims  interfere,  (a) 

(a)  See  Nos.  718,  723,  731,  737,  745,  753, 1067, 1265, 1266,  1268.  1270, 1271,  1275,  1276, 1284, 
1287,1292,1294,1296,1299,  1300,  1310,  1318,  1322,  1324,1333,1334,1336,  1386,  1388, 


July  5, 1812.       No.  1287—  AN  ACT  confirming  grants  to  lands  in  the  Mississippi  Territory  derived 
VoL  2.  p.  776.        from  the  British  Government  of  West  Florida,  not  subsequently  regranted  by  the 
Government  of  Spain  or  of  the  United  States. 


Certain  claims     Be  it  enacted,  #c.,  That  citizens  of  the  United  States,  claiming  lands 
to  land  in  Missis- jn  the  Mississippi  Territory,  by  virtue  of  grants  legally  and  fully  exe- 
Srmed6 w'hicl cuted,  derived  from  the  British  Government  of  West  Florida,  whose 
have  been  deriv-  lauds  have  not  been  subsequently  regranted  by  the  Spanish  Govern- 
ed from  the  Brit-  meut  or  claimed  in  right  of  donation  or  pre-emption  certificates  granted 
ish  Government.  ov  the  boards  of  commissioners  east  and  west  of  Pearl  River,  and  whose 
claims  have  been  regularly  filed  according  to  law,  with  the  proper 
register  of  the  laud  office  in  the  said  Territory,  and  are  embraced  in  the 
report  of  the  commissioners  laid  before  Congress,  according  to  law,  be 
and  they  are  hereby  confirmed  in  their  respective  claims,  according  to 
Proviso.  the  said  grants :  Provided,  That  nothing  in  any  law  of  the  United  States 

shall  be  construed  to  prevent  a  judicial  decision  of  controversies  under 
the  respective  claims  aforesaid,  (a) 

(a)  See  Nos.  718,  723, 731,  737,  745,  753, 1067, 1265, 1266,  1268, 1270, 1271, 1275, 1276, 1284, 
1286,1292,  1294,  1296,  1299,  1300,  1310,  1318,1322,1324,  1333,1334,1336,1386,1388, 
1399. 


July  6,  1812.      No.  1288.— AN  ACT  supplementary  to  the  act  entitled  "An  [act]  giving  further 
VoL  2,  p.  782.        time  to  purchasers  of  public  lands  northwest  of  the  river  Ohio,  to  complete  their 
payments." 

[Provisions  of  the  act  to  which  this  is  a  supplement  extended  to 
purchasers  of  certain  fractional  sections  in  the  Mississippi  Territory. 
See  OHIO,  No.  59.] 


Jan.  27,  1813.  Xo*  1289.— AN  ACT  for  the  relief  of  John  Binnion. 

Vol.  6,  p.  116.        Be  it  enaoted,  #c.,  That  John  Binnion  be  permitted  to  withdraw  his 
Allowed  to  en  tries  made  on  the  eighteenth  day  of  September,  eighteen  hundred  and 
withdraw  his  en-  ten,  in  the  land  office  of  Madison  County,  Mississippi  Territory,  for  the 
in  Vjed1-and  northwest,  northeast  and  southeast  quarters  of  section  No.  thirty-four, 
County  <fcc  U      township  No.  three  of  range  No.  two,  east,  and  that  the  moneys  paid  by 
him  on  the  said  entries  shall  be  placed  to  his  credit  on  any  purchase 
he  shall  or  may  have  made  of  public  land  in  the  same  district :    Pro- 
Proviso,  vided,  It  shall  appear  to  the  satisfaction  of  the  register  and  receiver  of 
public  moneys  of  the  said  land  office  that  the  entries  for  the  said  quar- 
ter-sections were  made  in  mistake  for  other  quarter-sections  intended 
to  have  been  purchased  by  said  Binniou. 


Feb  12  1813.     No.  1290.— AN  ACT  authorizing  the  President  of  the  United  States  to  take  posses- 
Vol  3  p  472         sion  of  a  tract  of  country  lying  south  of  the  Mississippi  Territory  and  west  of  the 
1— _ river  Perdido. 

The  President  He  it  enacted)  $-c.,  That  the  President  be,  and  he  is  hereby,  authorized 
authorized  to  oc-  to  occupy  and  hold  all  that  tract  of  country  called  West  Florida,  which 
fdawest  oi !  the lies  west  of  the  river  Perdido,  not  now  in  possession  of  the  United 
Perdido,  <fcc.  States. 


MISSISSIPPI.  545 

SEC.  2.  And  be  it  further  enacted,  That,  for  the  purpose  of  occupying  The  President 
and  holding  the  country  aforesaid,  and  of  affording  protection  to  the  mfy[tflermploy,  the 
inhabitants  thereof,  under  the  authority  of  the  United  States,  the  Pres-  ™al  force  f<S 
ident  may  employ  such  parts  of  the  military  and  naval  force  of  the  Uni-  holding  the  coun- 
ted States  as  he  may  deem  necessary.  try,  &c. 

SEC.  3.  And  be  it  further  enacted,  That  for  defraying  the  necessary     Appropriation 
expenses,  twenty  thousand  dollars  are  hereby  appropriated,  to  be  paid  of  $2"  " 
out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated,  and  to 
be  applied  for  the  purposes  aforesaid,  under  the  direction  of  the  Presi- 
dent. 


Wo.  1291.— AN  ACT  granting  Moses  Hook  the  right  of  pre-emption.  jan.  25,  Ibl4. 

Be  it  enacted,  #c.,  That  Moses  Hook,  of  the  Mississippi  Territory,  shall     YoL  6>  p' 127' 
have  the  right  of  pre  emption  to  three  hundred  acres  of  land,  includ-     Eight  of  pre- 
ing  his  improvements,  and  designated  on  the  plat  or  map  of  the  town-  emption  granted 
ship  as  number  fourteen :  Provided,  That  said  Moses  Hook  enter  the to 
said  tract  of  land  with  register  of  the  land  office  for  the  land  district 
west  of  Pearl  River,  and  make  the  lirst  payment  for  the  same  within 
six  months  from  the  passage  of  this  act,  and  complete  his  payments  as 
prescribed  by  law. 


No.  1292.— AN  ACT  providing  for  the  indemnification  of  certain  claimants  of     March  31, 1814. 
public  lands  in  the  Mississippi  Territory.  Vol.  3,  p.  116. 

Be  it  enacted,  <fc.,  That  every  person  or  persons  claiming  public  lands 
in  the  Mississippi  Territory,  soul  h  of  the  State  of  Tennessee  and  west  of 
the  State  of  Georgia,  under  the  act,  or  pretended  act  of  the  State  of 
Georgia,  entitled  "An  act  supplementary  to  an  act,  entitled  'An  act  for 
appropriating  a  part  of  the  unlocated  territory  of  this  State  for  the 
payment  of  the  late  State  troops  and  other  purposes  therein  mentioned, 
declaring  the  right  of  this  State  to  the  unappropriated  territory  thereof, 
for  the  protection  and  support  of  the  frontiers  of  this  State  and  for 
other  purposes,7"  passed  January  the  seventh,  one  thousand  seven  Conditiona  Of 
hundred  and  ninety -five,  who  have  exhibited  the  evidence  of  their  indemnification, 
claims  to  the  Secretary  of  State,  for  the  purpose  of  having  the  same 
recorded  in  books  in  his  office,  conformable  to  the  act  of  Congress, 
passed  the  third  day  of  March,  one  thousand  eight  hundred  and  three, 
entitled  "An  act  regulating  the  grants  of  lands,  and  providing  for  the 
disposal  of  the  lands  of  the  United  States,  south  of  the  State  of  Ten- 
nessee," shall  be  allowed  until  the  first  Monday  of  January  next,  to 
deposit  in  the  office  of  the  Secretary  of  State  of  the  United  States,  a 
sufficient  legal  release  of  all  such  claim  or  claims  to  the  United  States, 
and  an  assignment  and  transfer  to  the  United  States  of  their  right  and 
claim  to  any  sum  or  sums  of  money  which  by  them,  or  the  persons  from 
whom  they  or  any  of  them  have  derived  their  claims,  were  deposited  or 
paid  into  the  treasury  of  the  State  of  Georgia,  as  the  consideration  of 
the  purchase  of  the  land  for  which  their  release  of  claim  is  deposited  as 
aforesaid;  and  also,  a  power  to  sue,  in  the  name  of  such  claimant,  for 
any  sum  or  sums  of  money  assigned  as  aforesaid,  and  which  shall  have 
been  unlawfully  or  fraudulently  withdrawn  from  the  treasury  of  the 
State  of  Georgia,  such  release,  assignment,  transfer,  and  power,  to  take 
effect  on  the  indemnification  of  such  claimants  being  made  conformably 
to  the  provisions  of  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  State,  the  Sec-     Commissioners 
retary  of  the  Treasury,  and  the  Attorney-General  of  the  United  States  to  ascertain  and 
(for  the  time  being)  shall  be,  and  they  are  hereby  constituted  and  ap-  Decide  upon  con- 
pointed  a  board  of  commissioners,  to  meet  in  the  City  of  Washington,  m 
on  the  first  Monday  of  January  next ;  and  as  soon  as  may  be  practica- 
ble thereafter,  they  or  any  two  of  them,  are  hereby  fully  authorized  and 
required  to  adjudge  and  determine  upon  the  sufficiency  of  the  releases 
and  assignments  and  powers  to  be  executed  and  deposited  in  the  office 
of  the  Secretary  of  State  in  conformity  with  the  foregoing  section ;  and 
also  to  adjudge  and  finally  determine  upon  all  controversies   arising 
from  such    claims   so  released  as  aforesaid,  which  may  be  found  to 
conflict  with,  and  to  be  adverse  to,  each  other;  and  also  to  adjudge  and 
determine  upon  all  such  claims  under  the  aforesaid  act,  or  pretended 
act  of  the  State  of  Georgia,  as  may  be  found  to  have  accrued  to  the 
United  States  by  operation  of  law :  Provided,  That  it  shall  be  the  duty 
35  L  O — VOL  II 


546  MISSISSIPPI. 

of  the  said  commissioners  to  cause  to  be  published  for  the  period  of 
three  months  before  the  said  meeting,  at  least  once  a  week,  in  all  the 
public  newspapers  in  which  the  acts  of  Congress  are  by  authority  pub- 
lished, notice  of  the  purposes  and  of  the  time  and  place  of  such 
meeting. 

SEC.  3.  And  be  it  further  enacted,   That  as  soon  as  the  said  commis- 
sioners shall  have  made  report  to  the  President  of  the  United  States  of 
the  sufficiency  of  such  releases  and  assignments,  to  the  amount  of  at 
least  nine-tenths  of  the  whole  lands  claimed  by  virtue  of  the  sales  made 
by  the  legislature  of  the  State  of  Georgia  to  the  respective  companies 
hereafter  enumerated,  exclusive  of  such  claims  to  the  said  lands  as 
shall  have  vested  in  the  United  States  by  the  operation  of   law,  and 
shall  have  certified  to  him  the  names  of  the  claimants,  whose  claims 
they  have  finally  adjudged  and  allowed,  and  the  respective  and  rela- 
tive proportions  on  which  they  are  entitled  to  the  indemnity  under  and 
by  virtue  of  this  act,  the  President  shall  be  and  he  hereby  is  authorized 
Certificates  ofana*  required  to  cause  to  be  issued  from  the  Treasury  of  the  United 
stock  to  be  issued  States,  to  such  claimants  respectively,  (of  convenient  amount  for  circu- 
up  o  n  report  of  lation)  certificates  of  stock,  not  bearing  interest,  and  expressing  on  their 
of  face,  that  the  same  are  payable  out  of  the  first  moneys  in  the  Treasury 
of  the  United  States,  arising  from  the  sale  of  public  lands  in  the  Missis- 
sippi Territory,  after  the  money  due  to  the  State  of  Georgia  and  the  ex- 
penses of  surveying  such  lands  have  been  satisfied. 

Upper  Missis-  To  the  persons  claiming  in  the  name  of,  or  under  the  Upper  Missis- 
sippi Company.  8ippi  Company,  including  such  share  or  shares  as  may  be  found  to  have 
vested  in  the  Unite. I  States  and  for  which  the  United  States  are  to  be 
considered  entitled  to  the  respective  proportions  for  the  same,  (and  ex- 
clusive of  all  claims  usually  denominated  in  the  former  report  of  the 
commissioners  aforesaid  citizens'  claims)  a  sum  not  exceeding  in  the 
whole  three  hundred  and  fifty  thousand  dollars. 

Tennessee  Com-      To  the  persons  claiming  in  the  name  of,  or  under  the  Tennessee  Com- 
pany, pany,  under  the  foregoing  terms  and  restrictions,  a  sum  not  exceeding 

iu  the  whole  six  hundred  thousand  dollars. 

Georgia  Missis-     To  the  persons  claiming  in  the  name  of,  or  under  the  Georgia  Missis- 
sippi Company,    sippi  Company,  under  tho  like  terms  and  restrictions,  a  sum  not  exceed- 
ing in  the  whole  one  million  five  hundred  and  fifty  thousand  dollars. 
Georgia    Com-     To  the  persons  claiming  in  the  name  of,  or  under  the  Georgia  Com- 
pany, pany,  under  the  like  terms  and  restrictions,  a  sum  not  exceeding  in  the 

whole  two  millions  two  hundred  and  fifty  thousand  dollars. 

Citizens'  rights.  To  the  persons  claiming  under  citizens'  rights,  including  such  share 
or  shares  as  have  already  accrued  to  the  United  States  by  operation  of 
law,  or  by  the  provisions  of  this  act,  and  to  which  the  United  States  are 
to  be  considered  entitled  to  the  respective  proportions  for  the  same,  a 
sum  not  exceeding  in  the  whole  two  hundred  and  fifty  thousand  dollars : 
Proviso.  Provided,  That  any  person  having  claim  under  either  c.f  the  said  com- 

panies, and  entitled  to  indemnity  by  virtue  of  this  act,  shall  receive  such 
indemnity  only  in  proportion  to  the  amount  of  such  claims:  And pro- 
Proviso.  vided  also,  That  no  claim  shall  be  allowed,  or  any  indemnification  made 

therefor,  to  any  person  or  persons  who  have  voluntarily  surrendered  the 
evidence  of  their  claims  to  the  said  lands  under  the  act  of  Georgia  of 
the  thirteenth  of  February,  one  thousand  seven  hundred  and  ninety-six, 
or  under  any  subsequent  act  of  the  said  State,  and  which  at  the  time  of 
the  surrender  would  have  vested  the  title  in  such  claimants  had  the  title 
from  Georgia  been  valid,  or  who  have  received  the  money  deposited  as 
the  consideration  of  the  purchase  of  said  land  thus  surrendered  ;  but  all 
such  lands  shall  be  deemed  and  taken  to  be  vested  in  the  United  States, 
exonerated,  and  discharged  from  all  such  claims  without  any  further  sur- 
render or  release  whatever,  and  the  dividends  to  be  made  to  claimants 
who  shall  be  entitled  to  the  benefits  of  this  act  shall  be  lessened  in  pro- 
Proviso,  portion  to  the  claim  so  surrendered  or  withdrawn  :  And  provided  also, 
That  no  person  or  persons,  nor  the  agent  or  trustee  of  any  person  or 
persons,  shall  be  entitled  to  the  benefits  of  this  act,  who,  by  himself, 
herself,  or  themselves,  or  by  his,  her,  or  their  agent,  or  by  any  person  or 
persons  with  privity  and  consent  of  him,  her  or  them,  shall  have  taken, 
received,  or  withdrawn  from  the  treasury  of  the  State  of  Georgia  any 
sum  or  sums  of  money,  which  had  been  paid  and  deposited  as  the  con- 
sideration of  the  purchase  of  any  of  the  aforesaid  lands,  which  person 
or  persons  at  the  time  of  the  taking,  receiving  or  withdrawing  of  the 
said  money,  was  or  were  not  the  bona-fide  claimant  or  claimants  of  the 
lands  for  the  purchase  of  which  the  said  money  had  been  deposited :  but 


MISSISSIPPI.  547 

all  and  every  the  share  or  shares  of  such  person  or  persons  so  fraudu- 
lently drawing  the  money  as  aforesaid,  as  may  be  found  to  have  been 
claimed  by  such  person  or  persons,  at  the  time  of  recording  in  the  office 
of  the  Secretary  of  State  the  evidences  of  their  claim  or  claims  shall  be 
vested  in  the  United  States,  and  the  dividends  to  be  made  to  the  claim- 
ants entitled  to  the  benefits  of  this  act  shall  be  lessened  in  proportion 
thereto  :  And  provided  also,  That  each  and  every  person  before  receiving  Proviso, 
the  certificates  of  stock  aforesaid,  shall,  after  the  two  foregoing  provisos 
have  been  read  to  him,  take  and  subscribe  the  following  oath,  viz :  "  I, 
A.  B.,  do  solemnly  swear,  or  affirm,  as  the  case  may  be,  that  I  have  not, 
nor  has  any  person  for  whose  interest  I  now  act,  either  as  agent  or  trus- 
tee, or  as  executor,  administrator,  or  heir  at  law,  done  and  performed 
any  act,  which  by  the  tenor  of  the  two  provisos  I  have  heard  read  to  me, 
would  disqualify  me  from  receiving  the  indemnity  afforded  by  the  pro- 
visions of  this  act."  (a) 

SEC.  4.  And  be  it  further  enacted,  That  the  said  certificates  of  stock     Certificates  of 
shall  be  receivable  in  payment  of  the  public  lands,  to  be  sold  after  the  ^Jblefor0  ^ 
date  of  such  certificates,  in  the  Mississippi  Territory :  Provided,  That  on  Ueianda  in  Mis- 
every  hundred  dollars  to  be  paid  for  such  land,  ninety-five  dollars  shall  sissippi      Terri- 
be  receivable  in  said  certificates,  and  five  dollars  in  cash :  Provided,  That  tory. 
no  person  or  persons  making  payment  for  lands  in  certificates  authorized    Provls°- 
to  be  issued  by  this  act,  shall  be  entitled  to  the  discount  for  prompt 
payment  now  allowed  by  law  to  purchasers  of  public  lands.  (&) 

SEC.  5.  And  be  it  further  enacted,  That  from  and  after  such  sufficient     Consideration 
releases  from  the  claimants  to  the  United  States  shall  be  lodged  in  the  ™on?y  to  be  paid 
office  of  Secretary  of  State,  as  is  hereinbefore  provided  in  this  act,  all  Georgia 
such  sum  or  sums  of  money  remaining  in  the  possession  of  the  State  of 
Georgia,  which  may  have  been  deposited  as  the  consideration  of  the 
purchase  of  the  said  lands,  together  with  such  interest,  if  any  there  be, 
as  may  have  accrued  thereon,  shall  be  set  over  and  paid  by  the  said  com- 
missioners to  the  State  of  Georgia,  in  part  payment  of  the  one  million 
two  hundred  and  fifty  thousand  dollars,  stipulated  to  be  paid  by  the 
articles  of  agreement  and  cession  between  the  United  States  and  the 
State  of  Georgia. 

SEC.  6.  And  be  it  further  enacted,  That  if  any  person  or  persons,  in  Persons  who 
pursuance  of  the  act  of  the  State  of  Georgia,  of  the  thirteenth  of  Feb-  J^tEStrSSury 
ruary,  one  thousand  seven  hundred  and  ninety  six,  or  of  any  subsequent  Of  Georgia  to  DO 
act,  shall  have  taken,  received,  or  withdrawn  from  the  treasury  of  the  barred. 
State  of  Georgia,  any  sum  or  sums  of  money  which  had  been  paid  or 
deposited  as  the  consideration  of  the  purchase  of  any  of  the  aforesaid 
lands,  which  person  or  persons  at  the  time  of  receiving  or  withdrawing 
said  sum  or  sums  of  money  as  aforesaid,  were  not  the  bona-tide  claim- 
ants of  the  lands  for  the  purchase  of  which  said  money  had  been  paid 
or  deposited  :  or  if  such  person  or  persons  had  not,  at  the  time  the  legal 
title  vested  in  them,  supposing  the  title  of  Georgia  to  have  been  valid, 
every  such  person  or  persons  who  shall  have  taken,  received  or  with- 
drawn the  money  as  aforesaid,  shall  be  deemed  and  adjudged  to  have 
had  and  received  the  same  to  and  for  the  use  of  the  United  States,  and 
shall  be  and  hereby  are  declared  to  be  holden  and  liable  to  refund  and 
pay  to  the  United  States,  or  to  the  treasury  of  the  State  of  Georgia  for 
the  use  of  the  United  States,  all  such  sum  or  sums  of  money  so  had  and 
received  as  aforesaid,  with  legal  interest  from  the  time  she  or  they  so 
received  the  same.  And  the  aforesaid  commissioners  shall  be  and  they 
are  hereby  further  authorized  and  directed  to  examine  into  and  investi- 
gate all  cases  coming  within  the  purview  of  this  section,  and  to  claim 
such  sum  or  sums  of  money  to  be  paid  to  the  United  States  as  to  them 
shall  appear  just  and  reasonable,  and  in  case  of  refusal  to  pay  the  same, 
to  direct  suits  to  be  commenced  for  the  recovery  of  the  same,  in  such 
form  and  manner  as  shall  be  thought  most  advisable,  making  plaintiff 
or  complainant,  as  they  shall  think  best,  either  the  United  States,  the 
claimants  who  shall  have  transferred  to  the  United  States  their  right 
of  action  against  the  aforesaid  persons,  or  the  State  of  Georgia  as  bailee  _  . 
of  the  money  so  taken,  received,  and  withdrawn  from  the  treasury  of 
the  said  State :  Provided,  That  if  it  should  be  thought  advisable  to  in- 
stitute the  suits  for  the  recovery  of  the  moneys  aforesaid  in  the  name 
of  the  State  of  Georgia,  or  of  its  proper  officers,  the  consent  thereto 
from  the  proper  authority  of  the  State  of  Georgia  shall  be  first  had  and 
obtained:  And  provided  also,  That  the  said  suits  shall  be  conducted  at 
the  proper  expense  of  the  United  States. 


548  MISSISSIPPI. 

Vouchers  to  be     SEC.  7.  And  be  it  further  enacted,  That  the  President  of  the  United 

th^t^te  fr°m  States  be,  and  he  hereby  is  authorized  to  apply  to  the  governor  of  the 

gia  ^  State  of  Georgia,  for  all  such  vouchers  and  testimony  within  archives 

or  treasury  of  the  said  State  as  may  be  necessary  for  carying  into  effect 

the  provisions  of  this  act. 

Cases  of  per-  SEC.  8.  And  le  it  further  enacted,  That  whenever  the  legal  estate  in 
sons  under  age,  anv  of  the  said  lands  (supposing  the  said  act  of  the  legislature  of  the 
&c.,pro  tor.  gtate  Of  Georgia  of  the  seventh  of  January,  seventeen  hundred  and 
ninety-five,  had  been  valid  and  effectual)  shall  be  vested  in  any  person 
or  persons  who,  at  the  time  of  the  passing  of  this  act,  shall  be  under 
the  age  of  twenty-one  years,  it  shall  be  lawful  for  the  guardian  or 
guardians  of  such  person  or  persons,  appointed  in  pursuance  of  the  laws 
of  the  respective  States  in  which  such  person  or  persons  shall  reside,  to 
execute  for  and  in  behalf  of  such  person  or  persons,  and  deposit  in  the 
office  of  the  Secretary  of  State  of  the  United  States  the  release,  assign- 
ment, and  power  mentioned  in  the  first  section  of  this  act ;  which  said  re- 
lease, assignment,  and  power,  so  executed  and  deposited  as  aforesaid, 
are  hereby  declared  to  be  good  and  effectual  to  all  intents  and  purposes, 
and  that  in  case  of  femes-covert  claiming  lands  under  the  act,  or  pre- 
tended act  of  the  State  of  Georgia  aforesaid,  passed  the  seventh  of  Jan- 
uary, seventeen  hundred  and  ninety-five,  it  shall  be  lawful  for  the  hus- 
band and  wife  to  join  in  the  execution  of  the  release,  assignment,  and 
transfer  mentioned  in  the  first  section  of  this  act,  and  that  such  release, 
Proviso.  assignment,  and  transfer  shall  be  good  and  effectual  as  to  the  interest  of 

such  wife :  Provided,  That  the  release,  assignment,  and  transfer,  executed 
as  aforesaid,  shall  be  acknowledged  before  a  judge  or  justice  of  a  court  of 
record,  and  shall  have  the  attestation  of  such  judge  or  justice,  certifying 
that,  on  the  separate  examination  of  the  wife,  she  had  acknowledged 
that  she  had  freely  and  voluntarily  executed  the  same. 

Persons  refus-     SEC.  9.  And  be  it  further  enacted,  That  if  any  person  or  persons  claim- 
ing   to   compro-  ing  lands  under  the  aforesaid  act,  or  pretended  act,  of  the  State  of 
to  be  barred  Georgia,  passed  January  seventh,  seventeen  hundred  and  ninety-five, 
am'   shall  neglect  or  refuse  to  compromise  and  make  settlement  of  all  such 
claim  or  claims,  in  conformity  with  the  provisions  of  this  act,  the  United 
States  shall  be,  and  hereby  are  declared  to  be,  exonerated  and  discharged 
from  all  such  claim  or  claims,  and  the  same  shall  be  forever  barred; 
and  no  evidence  of  any  such  claim  or  claims  shall  be  admitted  to  be 
pleaded  or  allowed  to  be  given  in  evidence  in  any  court  whatever 
against  any  grant  derived  from  the  United  States,  (a} 

(a)  See  Nos.  718,  723,  731,  737,  745,  753, 1067, 1265, 1266,  1266,  1270, 1271,  1275, 1276, 1234, 

12&6,  1287,  1204,  1296,  1299,  1300,  1310,  1318, 1322,  1324, 1333,  1334,  1336,  1386,  1388, 
U99. 

(b)  See  Nos.  36,  59,  433, 1266, 1267, 1273,  1274, 1275, 1276, 1277, 1279, 1281, 1288, 1293, 1298, 

1301, 1305, 1315,  1323, 1327. 1336,  1361, 1382, 1391, 1408, 1414,  1416, 1417. 

April  18, 1814.    No.  1293.— AN  ACT  extending  relief  to  certain  purchasers  of  public  lands  in  the 
Vol.  3,  p.  130.  Mississippi  Territory. 

Allowance  of     ^e  *'*  enacted,  $c.,  That  any  person  or  persons  having  purchased  lands 
one  year  from  of  the  United  States,  in  the  Mississippi  Territory,  who  have  been  sub- 
June  1,  1814,  to  jected  to  prosecutions  by  adverse  claimants,  who  derived  their  titles 
certain  purchas-  from  a  gpan  jsn  grant,  warrant,  or  order  of  survey,  and  where  such 
prosecutions  have  terminated  favourably  to  purchasers  from  the  United 
States,  such  purchasers  shall  have  one  year  from  the  first  day  of  June 
next,  for  the  payment  of  any  interest  that  may  be  due  from  them  to 
the  United  States,  on  the  purchases  aforesaid,  (a) 

(a)  See  Nos.  36,  59,  433, 1266, 1  267, 1273,  1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292, 1298, 
1301, 1305,  1315,  1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416, 1417. 


April  18. 1814,  No.  1294.— AN  ACT  supplemental  to  an  act,  entitled  "An  act  for  ascertaining  the 
Vol.  3,  p.  137.  titles  and  claims  to  lands  in  that  part  of  Louisiana  which  lies  east  of  the  river 
Mississippi  and  island  of  Xew  Orleans." 

[See  LOUISIANA,  No.  723.] 


Jan.  n,  1815.        No,  1295. — AN  ACT  to  provide  for  leasing  certain  lands  reserved  for  the  support 

Vol.  3,  p.  163.  of  schools  in  the  Mississippi  Territory. 

Count v  courts     ^e  **  ewac^>  fa-,  That  the  county  court  in  each  county  in  the  Mis- 

autho'med  to  ap-  sissippi  Territory  shall  be,  and  is  hereby  authorized  to  appoint  a  number 

point  agents  for  of  agents,  not  exceeding  five,  who  shall  have  power  to  let  out  on  lease 

leasing  of  t  h  e  for  tne  purpose  of  improving  the  same,  the  sections  of  land  reserved  by 

Qd  Congress  for  the  support  of  schools,  lying  within  the  county  for  which 


MISSISSIPPI.  549 

the  agents  respectively  are  appointed,  or  to  let  them  out  at  an  annual  for  the  use  of 
rent,  as  they  shall  judge  proper;  and  it  shall  be  the  duty  of  the  said  schools- 
agents,  under  the  direction  of  the  county  courts  respectively,  to  apply     T.  h  e  proceeds 
with  impartiality  the  proceeds  arising  from  the  rents  of  each  section  as  this  purpose 
aforesaid,  to  the  purpose  of  education,  and  to  no  other  use  whatsoever, 
within  the  particular  township  of  six  miles  square,  or  fractional  town- 
ship wherein  such  section  is  situated,  in  such  manner,  that  all  the  citi- 
zens residing  therein  may  partake  of  the  benefit  thereof,  according  to 
the  true  intent  of  the  reservation  made  by  Congress. 

SEC.  2.  And  be  it  further  enacted,  That  for  the  purpose  of  forming  the     Sections  ma  y 
aforesaid  sections  into  convenient  farms,  the  said  agents  shall  have  be  divided   into 
power  to  lay  off  the  same  into  lots  of  not  less  than  one  hundred  and  six  f^s.  ° 
acres,  nor  more  than  three  hundred  and  twenty  acres,  except  in  case  of     Lessees  to  be 
fractional  sections;  and  in  every  case,  whether  of  leases  for  the  im-  bound  not   to 
provement  of  the  lots,  or  for  an  annual  rent,  the  lessee  shall  be  bound  commit  waste, 
in  a  suitable  penalty  not  to  commit  waste  on  the  premises  by  destroy- 
ing of  timber  or  removing  of  stone,  or  any  other  injury  to  the  lands 
whatever. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  agents  shall  have  full     Tress  passers 
power  within  their  respective  counties,  when  and  so  often  as  they  think  may  be  removed 
proper,  by  legal  process,  to  remove  any  person  or  persons  from  the  are  authorized  to 
possession  of  any  of  the  aforesaid  reserved  sections,  when  such  person  inquire  into 
or  persons  have  not  taken  a  lease,  and  refuse  or  neglect  to  take  the  waste,  &c. 
same ;  and  it  shall,  moreover,  be  the  duty  of  the  said  agents  to  inspect 
and  inquire  into  any  waste  or  trespass  committed  on  any  of  the  reserved 
sections  aforesaid,  by  cutting  and  carrying  off  timber  or  stone,  or  any 
other  damage  that  may  be  done  to  the  same,  whether  by  persons  resid- 
ing thereon  or  others ;  and  the  said  agents  are  hereby  authorized,  when 
waste  or  trespass  shall  be  committed,  to  proceed  against  the  person  or 
persons  committing  the  same,  according  to  the  laws  in  such  case  made 
and  provided  ;  and  actions  in  the  cases  aforesaid  shall  be  sustained  by 
the  agents,  and  the  damages  recovered  shall  be  one-half  to  the  use  of 
such  agents,  and  the  other  half  to  be  applied  to  the  same  purpose  as  the 
proceeds  of  rents  from  the  land  on  which  the  damage  was  sustained. 

SEC.  4.  And  be  it  further  enacted,  That  for  each  lease  executed  by  the     Fees  to  agents 
agents,  they  shall  be  entitled  to  receive  the  sum  of  two  dollars,  to  be  f°r  leases. 
paid  by  the  lessees  respectively. 

SEC.  5.   And  be  it  further  enacted.   That  every  lease  which  may  be     Limitation  of 
granted  in  virtue  of  this  act,  shall  be  limited  to  the  period  of  the  ter-  leases. 
mination  of  the  Territorial  form  of  government,  in  the  said  Territory ; 
and  shall  cease  to  have  any  force  or  effect  after  the  first  day  of  January 
next  succeeding  the  establishment  of  a  State  government  therein  :  Pro-     Proviso. 
vided,  That  outstanding  rents  may  be  collected,  and  damages  for  waste 
or  trespass  may  be  recovered  in  the  same  manner  as  if  the  leases  had 
continued  in  full  force,  (a) 

(a)  See  Nos.  1266, 1271, 1273, 1277, 1298, 1305, 1315,  1339,  1365, 1366,  1375,  1387, 1402, 1406, 
1416. 


No.  1296.— AN  ACT  supplementary  to  the  act,  entitled  "An  act  providing  for  the     Jan.  23,  1815. 
indemnification  of  certain  claimants  of  public  lands  in  the  Mississippi  Territory."       Vol.  3,  p.  192. 


Be  it  enacted,  <fc.,  That  the  President  of  the  United  States  be,  and  he     President    au- 
is  hereby  authorized,  by  and  with  the  advice  and  consent  of  the  Senate,  thorized    to  ap- 
1,0  appoint  three  fit  and  disinterested  persons,  to  be  and  act  as  commis-  £So£££etoa2i 
siuners,  by  virtue  of  an  act,  entitled  "  An  act  providing  for  the  indem-  as  a  board  in  the 
nification  of  certain  claimants  of  public  lands  in  the  Mississippi  Terri-  place  of  the  one 
tory,"  in  the  place  of  the  Secretary  of  State,  the  Secretary  of  theTreas-  formerly  consti- 
ury,  and  the  Attorney- General  of  the  United  States,  for  the  time  being; tu 
and  the  said  persons  are  hereby  constituted  and  appointed  a  board  of 
commissioners,  any  two  of  whom  may  act  as  a  quorum,  as  in  and  by  the 
act  aforesaid  is  provided.    Which  board  is  hereby  declared  to  be  intended 
to  effect  the  same  purposes  and  services  as  the  said  original  board  ;  and 
is,  in  every  respect,  substituted  for  the  same;  and  is  hereby  authorized 
to  execute  all  the  powers  granted  to,  and  directed  to  perform  all  the 
duties  enjoined  upon,  the  said  original  board  of  commissioners,  accord- 
ing to  the  intent  and  provisions  of  the  act  aforesaid. 

SEC.  2.  And  be  it  further  enacted,  That  the  commissioners  to  be  ay>-  Board  to  meet 
pointed  in  pursuance  of  this  act,  shall  meet  at  some  suitable  place  within  at  some  place  in 
the  District  of  Columbia,  on  the  fourth  Monday  of  January  current,  or  as  *h°  District  of 
eoon  thereafter  as  may  be,  to  enter  on  the  duties  assigned  them.  And  proceed^ o^rth^ 
that  they  shall  proceed  therein,  as  expeditiously  as  may  be,  and  from  with  to  business. 


550  MISSISSIPPI. 

Reports  to  be  time  to  time  shall  certify  and  report' to  the  President  of  the  United 

made  by  it  to  the  gtate8,  as  to  the  sufficiency  of  the  releases  that  shall  have  been  made, 

and  the  claims  they  shall  have  finally  adjudged  and  allowed,  agreeably 

to  the  third  section  of  the  act  to  which  this  act  is  supplementary. 

Commissioners      SEC.  3.  And  be  it  further  enacted,    That   each   of  the  said  commis- 

to  take  an  oath  of  8ioners,  before  they  proceed  to  execute  their  duties  as  such,  shall  take 

the  following  oath  or  affirmation,  to  wit:  "I,  A  B,  do  solemnly  swear 

(or  affirm)  that  I  am  not  interested  in  the  event  of  any  decision  that  may 

be  made  by  this  board  of  commissioners,  and  that  I  will  faithfully  and 

impartially  discharge  and  perform  all  the  duties  incumbent  on  me  as  a 

member  thereof :  and  will  adjudge  and  determine  all  the  matters,  claims, 

and  controversies,  subject  to  the  adjudication  and  determination  of  this 

board,  according  to  the  best  of  my  abilities,  agreeably  to  the  laws  of  the 

United  States,  and  the  principles  of  justice  and  equity." 

Board  may  ap-      SEC.  4.  And   be   it  further  enacted,    That  the  said  board  of  commis- 
pohit  a  secretary.  8}oner8  gball  have  power  and  authority  to  appoint  a  secretary,  whose  duty 
pay18  as^^lf^s  ^  shall  be  to  receive,  file,  and  preserve,  the  papers,  documents,  and  claims, 
the'  pay  of  the  that  maybe  presented  to,  and  received  by  said  board  of  commissioners, 
commissioners,     and  to  enter  and  record  all  the  orders,  proceedings,  judgments,  and  de- 
terminations, of  said  board  of  commissioners.    And  one  of  said  com- 
missioners shall  administer  an  oath  to  such  secretary  for  the  faithful 
discharge  of  his  duty.     And  there  shall  be  allowed  and  paid  out  of  the 
Treasury  of  the  United  States,  to  each  of  the  said  commissioners,  as  well 
as  to  the  secretary  by  them  to  be  appointed,  as  a  compensation  for  their 
respective  services  under  this  act,  and  in  full  for  the  same,  the  sum  of 
fifteen  hundred  dollars. 

Further  time  SEC.  5.  And  be  it  further  enacted,  That  further  time  be,  and  hereby 
allowed  for  mak-  [s  allowed  to  deposit  in  the  office  of  the  Secretary  of  State,  releases  to 
ing  releases.  the  Unite(i  states  of  claims,  under  the  act  or  pretended  act  of  the  State 
of  Georgia,  passed  on  the  seventh  day  of  January,  seventeen  hundred 
and  ninety -five,  and  assignments  of  rights  or  claims  to  moneys  paid  into 
the  treasury  of  the  State  of  Georgia,  and  power  to  sue  therefor  ;  and  also 
for  recording  in  the  office  of  the  Secretary  of  State,  any  deed  or  evidence 
of  any  title  or  claim  that  hath  been  released  to  the  United  States,  or  that 
shall  be  released  on  or  before  the  day  hereby  appointed,  to  wit :  the  third 
Monday  in  March  next.  And  so  much  of  the  act  of  Congress,  passed 
the  third  day  of  March,  one  thousand  eight  hundred  and  three,  entitled 
gt  An  act  regulating  the  grants  of  lands  of  the  United  States,  south  of 
the  State  of  Tennessee,"  and  so  much  of  the  act  to  which  this  is  supple- 
mentary as  excludes  claimants  from  recording  their  claims  after  the  first 
day  of  January,  one  thousand  eight  hundred  and  four,  be,  and  the  same 
are  hereby  repealed. 

Board  empow-      SEC.  6.  And  be  it  further  enacted,  That  the  said  commissioners  be,  and 
ered  to  consider  hereby  are  authorized  and  empowered  to  consider  and  determine  all 

u"non  r  eteTs^s  claim8'  that  8Qa11  have  been  duly  released  to  tbe  United  States,  on  or 
preferred  by  rep-  before  the  said  third  Monday  of  March,  which  may  be  made  and  pre- 
resentatives  of  f erred  by  assignees  of  bankrupts,  or  executors  or  administrators  on 
bankrupts,  <fec.  estates  of  deceased  persons,  which  may  be  insolvent  and  subject  to  dis- 
tribution among  the  creditors  of  the  persons  so  deceased,  (a) 

(a)  See  Kos.  718,723,731,737,745,753, 1067, 1265, 1266, 1268, 1270, 1271, 1275, 127fi,  1281, 
1286,  1287, 1292, 1294, 1299, 1300, 1310,  1318,  1322,  1324,  1333,  1334,  1336,  1386,  138d, 
1399. 


March  1,  1815.  No.  1S97.— AN  ACT  for  the  relief  of  the  heirs  of  James  Hynum. 

Be  it  enacted,  fa.,  That  the  heirs  of  James  Hynum,  of  the  Mississippi 


Donation  of  Territory,  shall  be  entitled  to  a  donation  of  two  hundred  and  twenty- 
m*'  six  acres  of  land,  according  to  the  provisions  of  an  act  of  Congress,  passed 

the  third  day  of  March,  in  the  year  one  thousand  eight  hundred  and 
three,  entitled  "An  act  regulating  the  grants  of  land,  and  providing  for 
the  disposal  of  the  lands  of  the  United  States  south  of  the  State  of  Ten- 
nessee," to  be  located,  surveyed,  and  granted,  in  the  manner  prescribed 
in  the  said  recited  act ;  and  to  be  subject  to  the  dowtr  of  the  widow  of 
the  said  James  Hynum,  as  fully  and  completely  as  if  the  title  to  the 
said  land  had  been  vested  in  the  said  James  Hynum. 

Payments  on  SEC.  2  And  be  it  further  enacted,  fa ,  That  all  sums  of  money  paid  by 
to  be  Margaret  Hynum,  widow  of  the  said  James  Hynuin,  since  the  death 
of  the  said  James,  as  part  of  the  price  of  tbe  said  land,  in  coutenipla- 


MISSISSIPPI.  551 

tion  of  a  purchase  thereof,  "shall  he  refunded  to  the  said  Margaret ; 
and  the  receiver  of  public  moneys  in  the  land  district  west  of  Pearl 
River,  is  hereby  directed  to  pay  the  same  to  the  said  Margaret,  out  of 
any  public  money  now  in  his  hands,  or  which  may  hereafter  come 
to  his  hands. 


No.  1298.— AN  ACT  to  provide  for  ascertaining  and  surveying  of  the  boundary     March  3  1815 
lines  fixed  by  the  treaty  with  the  Creek  Indians,  and  for  other  purposes.  y0i.  3>  p'  $28. ' 

Be  it  enacted,  <$-c.,  That  the  President  of  the  United  States  be,  and  he     Boundary  line 
is  hereby  authorized  to  cause  to  be  ascertained  and  surveyed  the  bound-  of  the  Creeks  to 
ary  line  designated  by  the  treaty  with  the  Creek  nation  of  Indians,  con-  be     ascertained 
eluded  on  the  ninth  day  of  August,  one  thousand  eight  hundred  and  and  surveyed. 
fourteen,  and  that  the  same  be  distinctly  marked,  in  all  such  places  ex- 
cept where  water-courses  are  described  as  the  boundary  by  the  said 
treaty;  and  for  this  purpose  the  President  of  the  United  States  shall     Commission- 
have  power  to  appoint,  by  and  with  the  advice  and  consent  of  the  Sen-  era  to  be  a  p. 
ate,  three  commissioners,  whose  compensation  shall  not  exceed,  exclu-  P0^6.^ 
sive  of  travelling  expenses,  the  rate  of  eight  dollars  per  day,  during  the  sation!r 
time  of  actual  service  of  such  commissioner,  in  ascertaining  and  survey-     Surveyors, 
ing  the  said  boundary  line  ;  they  shall  have  power  to  employ  a  skilful  &c.,  to    be    em- 
surveyor,  who  shall  be  allowed  five  dollars  per  day,  and  two  chain-men     ^^eh.  au 
and  a  marker,  who  shall  each  be  allowed  two  dollars  per  day,  in  full  for  ance. 
their  services. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  commissioners,  on  com-     Three  plats  to 
pleting  the  ascertainment  and  survey  aforesaid,  shall  make  out  three  be  made  out. 
accurate  plats  of  the  survey  of  the  said  boundary  line,  one  of  which  they 
shall  transmit  to  the  Secretary  of  State,  one  to  the  surveyor  of  the  lands  ' 
south  of  the  State  of  Tennessee,  and  the  other  to  the  chiefs  of  the  Creek 
nation  of  Indians. 

SEC.  3.  And  be  it  further  enacted,  That  all  the  public  lands  of  the    pubiic     lands 
United  States,  to  which  the  Indian  title  was  extinguished  by  the  afore-  where    the    In- 
said  treaty,  shall  be,  and  are  hereby  formed  into  a  land  district :  and  dian  title  is 
for  the  disposal  thereof,  a  land  office  shall  be  established,  which  shall  JJP0?  ^be 
be  kept  at  such  convenient  place  as  the  President  of  the  United  States  district. 
may  direct ;  and  for  the  said  land  office,  a  register  and  receiver  of  pub-     A    land  office 
lie  moneys  shall  be  appointed,  who  shall  give  security  in  the  same  man- to  l)e  established, 
ner,  in  the  same  sums,  and  whose  compensation,  emoluments,  duties,  &c> 
and  authority,  shall,  in  every  respect,  be  the  same  in  relation  to  the  lands 
which  shall  be  disposed  of  at  their  office,  as  are  or  maybe  provided  by  law 
in  relation  to  the  registers  and  receivers  of  public  moneys  in  the  several 
land  offices  established  for  the  disposal  of  the  other  public  lands  of  the 
United  States,  (a) 

SEC.  4.  And  be  it  further  enacted,  That  the  powers  vested  by  law  in  Powers  and 
the  surveyor  of  the  lands  of  the  United  States,  south  of  the  State  of  compensation 
Tennessee,  shall  extend  over  all  the  public  lands  of  the  United  States  to  of  the  surveyor, 
which  the  Indian  title  was  extinguished  by  the  aforesaid  treaty,  and  the  SiiG  lands  in 
same  shall  be  surveyed  in  the  manner  and  for  the  same  compensation  Mississippi  Ter- 
as  other  public  lands  in  the  Mississippi  Territory.  (&)  territory. 

SEC.  5.  And  be  it  further  enacted,  That  the  President  of  the  United     Sale   of    the 
States  is  hereby  authorized,  whenever  he  shall  think  it  proper,  to  direct  Ia1nds  .  autb.ori.z- 
so  much  of  the  public  lands,  lying  in  the  said  district,  as  shall  have  been  exceptions^ 
surveyed  in  conformity  to  this  act,  to  be  offered  for  sale.    All  such 
lands  shall,  with  the  exception  of  the  section  numbered  sixteen,  which 
shall  be  reserved  in  each  township  for  the  support  of  schools  within 
the  same,  (c)  with  exception  also,  of  one  entire  township,  to  be  located 
by  the  Secretary  of  the  Treasury,  for  the  use  of  a  seminary  of  learn- 
ing, (d)  and  with  the  exception  of  any  tracts  of  land  reserved  to  the 
Indians  by  the  said  treaty,  shall  be  offered  to  the  highest  bidder,  un- 
der the  direction  of  the  register  and  receiver  of  public  moneys  of  the 
said  land  office,  on  such  day  or  days  as  shall,  by  a  public  proclamation 
of  the  President  of  the  United  States,  be  designated  for  that  purpose. 
The  public  sales  shall  remain  open  for  three  weeks  and  no  longer ;  and     Sales    to    re- 
the  lands  shall  be  sold  for  a  price  not  less  than  that  which  has  been  or  main  °Pen  three 
may  be  fixed  by  law,  for  the  public  lands  in  the  Mississippi  Territory ;  J^^J^g t&c311 
and  shall,  in  every  other  respect,  be  sold  in  tracts  of  the  same  size,  on 
the  same  terms  and  conditions,  as  have  been  or  may  be  by  law  provitled, 
for  the  other  public  lands  in  the  Mississippi  Territory.   The  superintend- 
ents of  the  said  public  sales  shall  receive  six  dollars  each,  for  each 


552  MISSISSIPPI. 

Unsold     lands  day's  attendance  on  the  said  sales.     All  lands  other  than  those  reserved 

may  be  disposed  as  afore8aid,  and  excepted  as  above  mentioned,  remaining  unsold  at  the 

sale.  closing  of  the  public  sales,  and  which  had  been  offered  at  the  said  sales, 

may  be  disposed  of  at  private  sale,  by  the  register  of  the  land  office, 

in  the  same  manner,  under  the  same  regulations,  for  the  same  price, 

and  on  the  same  terms  and  conditions,  as  are  or  may  be  provided  by 

law  for  the  sale  of  the  other  public  lands  of  the  United  States  in  the 

Pa  t  e  n  t  s  o  b-  Mississippi  Territory.     And  patents  shall  be  obtained  for  the  lands  sold 

the  jn  tne  ^d  district,  in  the  same  manner,  and  on  the  same  terms,  as  for 

Qer>      other  public  lauds  sold  in  the  Mississippi  Territory,  (e) 

Appointment     SEC.  6.  And  be  it  further  enacted,  That  the  President  of  the  United 
commission-  States  shall  have  power  to  appoint  any  or  all  of  the  aforesaid  commis- 

sioners, during  the  recess  of  the  Senate. 

Appropriation      SEC.  7.  And  be  it  further  enacted,  That  a  sum  not  exceeding  twenty- 
for  defraying  ex-  five  thousand  dollars,  be,  and  the  same  is  hereby  appropriated,  to  be 
paid  out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated  for 
the  purpose  of  carrying  this  act  into  effect. 

(a)  SeeNos.  731,  1266,  127-2,  1275,  1279,  1305,  1310,  1315,  1328,  1343,  1355,  1363,  1373. 
(6)  See  Nos.  37,  777,  1266,  12G9,  1272,  1305,  1343,  1356. 

(c)  See  Nos.  126*?,  1271,  1-J75,  1277,  1295,  1305,  1315,  1339,  1365,  1366,  1375,  1387,  1402,  1406, 

1416. 

(d)  See  No.  1309. 

(e)  See  Nos.  36,  59,  433,  1266,  1267,  1273,  1274,  1275,  1276,  1277,  1279,  1281,  1288,  1292,  1293, 

1301,  1305,  1315,  1323,  1327,  1336,  1361,  1382,  1391,  1408,  1414,  1416,  1417. 

March  3,  1815.     3fo.  1299.—  AN  ACT  further  supplementary  to  an  act,  entitled  "An  act  providing 
"VoL  3,  p.  235.         for  the  indemnification  of  certain  claimants  of  public  lands  in  the  Mississippi 
•  -     Territory." 

Commissioners     Be  it  enacted,  tf-c.,  That  the  commissioners  appointed  by  virtue  of   the 

authorized  to  de-  act  entitled  "An  act  supplementary  to  an  act  entitled  'An  act  providing 

quantity  °of  land  ^or^De  indemnification  of  certain  claimants  of  public  lauds  in  the  Missis- 

contained  in  any  sippi  Territory,'"  shall  be,  and  they  are  hereby  authorized  to  decide,  in 

deed,  wit  hou  t  a  summary  way,  upon  the  quantity  or  boundary  of  land  contained  in 

further  survey,    any  grant  or  deed  exhibited  before  them,  by   any  of  the  claimants  of 

lands  released  to  the  United  States,  agreeably  to  said  act,  according  to 

such  maps,  surveys,  or  other  evidence,  as  now  exist  or  which  they  may 

be  now  able  to  procure,  without  requiring  or  permitting  any  other  survey 

to  be  made. 

Instru  m  e  n  t  s     SEC.  2.  And  be  it  further  enacted,  That  the  said  commissioners  shall  be, 
113'6  an(^  ^ne.v  are  hereby  authorized  to  allow,  and  receive,  in  all  cases,  except 


rtesort'  . 

attorneys     shall  those  where  femes  coverts  are  parties,  as  sufficient  legal  releases,  as- 
be  considered  le-  signments,  and  powers,  required  by  said  act,  and  the  supplement  there- 
gal  by  the  com-  to,  and  as  lawful  conveyances,  all  such  instruments  as  may  be  executed 
by  the  party,  or  his,  her,  or  their  attorney  or  attorneys,  lawfully  empow- 
ered, and  either  acknowledged  by  the  party  making  the  same,  before 
some  judge,  or  justice  of  the  peace,  notary  public,  mayor,  recorder  or 
alderman  of  a  corporation,  or  master  in  chancery,  or  one  of  the  said 
commissioners,  or  proved  by  other  evidence  to  the  satisfaction  of  the 
commissioners  to  have  been  duly  executed  by  the  party. 

A  further  time  SEC.  3.  And  be  it  further  enacted,  That  the  said  commissioners  shall 
allowed  w  h  e  r  e  be,  and  they  are  hereby  authorized,  in  all  cases  where  the  releases, 
releases,  ^&.c.,^are  assignments,  and  powers  required  by  the  act  aforesaid,  already  pre- 
drawn. ysented,  or  which  may  be  presented  on  or  before  the  third  Monday  in 

March  instant,  or  powers  of  attorney,  by  which  said  releases  shall  have 
been,  or  shall  be  made,  shall  be,  in  the  judgment  of  the  commissioners 
aforesaid,  defectively  drawn  or  executed,  to  allow  a  further  time  not 
exceeding  two  months,  from  and  after  the  said  third  Monday  in  March 
instant,  to  perfect  the  same. 

Commissioners  SEC.  4.  And  be  it  further  enacted,  That  the  said  commissioners  shall 
authorized  t«  be,  and  they  are  hereby  authorized  to  admit  and  finally  settle  all  such 
claims  K  claims  as  have  been,  or  may  be,  within  the  time  limited,  duly  released, 

assigned,  and  transferred  "to  the  United  States,  any  thing  in  the  said 
original  act,  or  any  supplement  thereto,  to  the  contrary  notwithstand- 
ing; and  to  administer  oaths,  or  take  affirmations,  and  to  compel  the 
attendaLce  of  witnes?es.  in  all  cases  where  necessary. 

On  reports  of  SEC.  5.  And  be  it  further  enacted,  That  the  President  of  the  United 
erscertfticatei0of  State8  8ua11  lje'  au(1  he  is  hereby  authorized,  from  time  to  time,  to  cause 
stock  to  he8  is-  to  De  issued  such  certificates  of  'stock  as  are  .specified  in  the  said  original 
sued.  act,  and  supplement  thereto,  to  such  claimant  or  claimants,  whose  claim 

may  be  decided  on  and  reported  by  the  commissioners,  on  receiving 
such  report  in  relation  to  such  claim,  from  the  said  commissioners. 


MISSISSIPPI.  553 

SEC.  6.  And  be  it  further  enacted,  That  the  releases,  assignments,  and     Secretary  to  re- 
powers,  required  by  the  act  aforesaid,  and  the  supplement  thereto,  now  ™crtt  ™[  *ntam 
received,  and  which  may  be  hereafter  received,  shall  be  recorded  by  the  tae'm  to  the  Sec- 
secretary  of  the  said  commissioners,  and  the  said  records  returned  with  retary  of  State's 
all  other  papers  and  documents  in  relation  to  said  claims,  when  the  office. 
business  of  the  said  commissioners  shall  be  closed,  to  the  office  of  the 
Secretary  of  State  ;  and  that  the  said  secretary  shall  be  paid  by  the 
Secretary  of  the  Treasury  of  the  United  States,  out  of  any  money  not 
otherwise  appropriated,  at  the  rate  of  twelve  and  a  half  cents  for  each     Terms   of   re- 
and  every  hundred  words  contained  in  each  instrument  so  recorded. 

SEC.  7.  And  be  it  further  enacted,  That  on  the  dissolution  of  the  said     On  the  dissolu- 
board  of  commissioners,  and  the  performance  of  the  duties  assigned  ™fon  Commission 
them,  the  President  of  the  United  States  shall  be,  and  he  is  hereby  au-  ers     the    presi~_ 
thorized,  if  in  his  judgment  he  shall  consider  the  said  commissioners  dent  may  grant 
entitled  to  any  further  additional  compensation  for  their  services  than  additional    corn- 
is  now  provided  for,  to  cause  them  to  be  paid  such  other  and  further  Pen 
sums,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  as 
he  shall  think  just  aud  reasonable  :  Provided,  That  such  additional  com-     Proviso. 
pensation  shall  not  exceed  fifty  cents  to  each  commissioner,  for  every 
deed  or  evidence  of  title  which  shall  be  submitted  to  their  examination 
and  decision,  in  pursuance  of  the  provisions  of  the  said  original  act,  and 
the  supplements  thereto,  (a) 

(a)  See  Nos.  718,  723,  731,  737,  745,  753,  1067,  1265,  1266,  1268,  1270,  1271,  1275,  1276,  1284, 
12J6,  1287,  129-2,  1294,  12!)6,  1300,  1310,  1318,  1322,  1324,  1333,  1334,  1336,  1386,  1388,  1399. 

No.  1  300.—  AN  ACT,  further  supplementary  to  the  act,  entitled  "An  act  proyid-     April  20,  1816. 

ing  for  the  indemnification  of  certain  claimants  of  public  lands  in  the  Mississippi     Vol.  3,  p.  294. 

Territory." 

Be  it  enacted,  $c.,  That  every  person  or  persons  claiming  public  lands  Further  time 
in  the  Mississippi  Territory,  under  the  act  or  pretended  act  of  the  State  %£ts 
of  Georgia,  passed  January  the  seventh,  one  thousand  seven  hundred 
and  ninety-five,  who  have  not  duly  released  their  claims  to  the  United 
States,  so  as  to  entitle  them  to  the  indemnification  provided  by  the  act  of 
Congress,  passed  the  thirty-first  day  of  March,  one  thousand  eight  hun- 
dred and  fourteen,  entitled  "An  act  providing  for  the  indemnification 
of  certain  claimants  of  public  lands  in  the  Mississippi  Territory,"  and 
the  acts  supplementary  thereto,  shall  be  allowed  further  time  to  exe- 
cute and  file  with  the  commissioners  appointed  to  decide  on  such  claims, 
good  and  sufficient  legal  releases  of  their  claim,  as  by  said  acts  are  re- 
quired, until  the  first  Monday  of  March  next.  And  the  commissioners 
aforesaid  are  hereby  authorized  and  empowered  to  decide  on  such 
claims,  and  to  adjudge  to  every  such  claimant  or  claimants  the  propor- 
tion of  indemnification  to  which  he  or  they  maybe  respectively  entitled. 

SEC.  2.  And  be  it  further  enacted,  That  the  commissioners  aforesaid     Commissioners 
shall  be,  and  they  are  hereby  authorized,  in  all  cases  where  they  shall  au^Jj  J0rJhZeeConn° 
direct  suits  to  be  commenced  for  the  recovery  of  money  fraudulently  Cn  employed  by 
withdrawn  from  the  treasury  of  Georgia,  to  transmit  to  the  counsel  or  them  original  pa- 
attorney  appointed  to  institute  and  conduct  such  suits  or  prosecutions,  pers   and 
oil  original  papers  or  documents  in  their  possession,  that  may  furnish    ( 
evidence  to  sustain  the  same. 

SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  allowed  and    Additional 
paid,  out  of  the  Treasury  of  the  United  States,  to  each  of  the  said  com-  ^ 


missioners  and  their  secretary,  the  further  sum  of  one  thousand  dollars,  an(j  their  secre- 
as  a  compensation  for  the  additional  services  required  by  this  act.  (a)    tary. 

(a)  See  Nos.  71R,  723,  731,  737,  745,  753.  1C67,  1265,  1S66,  1268,  1270,  1271,  1275,  1276,  1284, 
1286,  1287,  1292,  1294,  1296,  1299,  1310,  1318.  1322,  1324,  1333,  1334,  1336,  1386,  1388,  1399. 


No.  1301.— AN   ACT  for  the  relief  of  certain  purchasers  of  public  lands  in  the     April  24, 1816. 
Mississippi  Territory.  Vol.  3,  p.  30( 

Be  it  enacted,  #c.,  That  every  person  who,  since  the  first  day  of  April,     Further  time 
one  thousand  eight  [hundred]  and  eleven,  and  prior  to  the  eighteenth  allowed  to  cer- 
day  of  June,  one  thousand  eight  hundred  and  twelve,  had  purchased  tain  purchasers 
any  tract  or  tracts  of  public  land  in  the  Mississippi  Territory,  not  ex- of  land- 
ceeding  in  the  whole  six  hundred  aud  forty  acres,  unless  the  tract  pur- 
cln,sed  be  a  fractional  section  or  sections,  or  fractional  sections  classed 
with  an  entire  section,  and  whose  lands  have  not  already  been  actually 
sold  or  reverted  to  the  United  States  for  non-payment  of  part  of  the 
purchase  money,  shall  be  allowed  the  further  time  of  two  years  and 


554 


MISSISSIPPI. 


Proviso. 


Proviso. 


eight  months  from  and  after  the  expiration  of  the  present  period 
already  given  by  law  for  completing  the  payment  of  the  said  purchase 
money ;  which  further  term  of  two  years  and  eight  months  shall  be 
allowed  only  on  the  condition,  that  all  arrears  of  interest  on  the  pur- 
chase money  shall  have  been  paid  on  or  before  the  time  shall  have  ex- 
pired for  completing  the  payment  of  the  purchase  money :  Provided, 
That  in  all  cases  in  which  the  time  for  completing  the  payment  of  the 
purchase  money  may  have  expired,  or  shall  expire,  before  the  first  day 
of  July  next,  the  interest  may  be  paid  on  or  before  that  day.  But  in 
case  of  failure  in  paying  either  the  arrears,  or  the  residue  of  principal 
with  the  accruing  interest,  as  is  herein  provided,  the  tract  of  land  shall 
forthwith  be  advertised  and  offered  for  sale,  in  the  same  manner,  and 
on  the  same  terms,  as  is  directed  by  law  in  case  of  lands  not  paid  for 
within  the  limited  term,  and  shall  revert  in  like  manner,  if  the  sum 
due,  with  interest,  be  not  at  such  sale  bidden  and  paid.  And  in  cases 
where  any  tract  or  tracts  of  land  in  said  Territory,  not  exceeding,  in 
the  whole,  six  hundred  and  forty  acres,  unless  the  tract  be  a  fractional 
section  or  sections,  or  fractional  sections  classed  with  an  entire  section, 
have,  since  the  first  day  of  October  last,  reverted  to  the  United  States, 
for  default  of  payment,  the  original  purchaser  may  again  enter  the 
same  tract  or  tracts  at  the  price  at  which  such  tract  or  tracts  were 
originally  sold ;  and  all  moneys  which  such  original  purchaser  may 
have  paid  shall  be  replaced  to  his  credit  by  the  receiver  of  public  moneys 
for  the  district  in  which  the  land  may  lie,  and  such  re-purchasers  shall 
be  allowed  the  same  benefits  of  the  extension  of  the  time  of  payment 
created  by  this  act,  as  though  no  such  reversion  has  occurred :  Pro- 
vided, That  such  original  purchaser  shall  make  to  the  proper  officer  such 
application  for  such  re-entry  as  is  required  by  law  for  the  entry  of  lands 
on  or  before  the  first  day  of  July  next,  and  that  the  laud  so  reverted 
shall  not  have  then  been  previously  resold,  (a) 

(a,  See  Nos.  36,  59,  433, 1266, 1267,  1273, 1274, 1275,  1276, 1277, 1279, 1281, 1288,  1292,  1293, 
1298, 1305,  1315, 1323, 1327,  1336, 1361,  1382,  1391, 1408, 1414, 1416, 1417. 


April  26, 1816.  No.  1302.-AN  ACT  for  the  relief  of  Charles  Levaux  Trudeau. 

Be  it  enacted,  $-c.,  That  Charles  Levaux  Trudeau,  or  his  legal  rep- 
May  enter  six  resentatives,  be  authorized  to  enter  with  the  register  of  the  land  office, 
withoutPayment'  any  8ix  quarter-sections  of  land  in  place  of  other 
lands  confirmed  by  the  board  of  commissioners  west  of  Pearl  River,  in  the 
Mississippi  Territory,  provided  the  same  do  not  exceed  one  thousand 
acres,  which  has  been  offered  at  public  sale  in  the  Mississippi  Territory  ; 
and  on  return  being  made  to  the  Commissioner  of  the  General  Land 
Office,  a  patent  shall  issue  as  in  other  cases. 


March  1, 1817.    No.  1303.— AN  ACT  to  enable  the  people  of  the  western  part  of  the  Mississippi 

Vol.  3,  p.  348.         Territory  to  form  a  constitution  and  State  government,  and  for  the  admission  of 

—      such  State  into  the  Union,  on  an  equal  footing  with  the  original  States. 


Inhabitants  of  Be  it  enacted,  <$-c.,  That  the  inhabitants  of  the  western  part  of  the 
the  western  part  Mississippi  Territory  be,  and  they  hereby  are,  authorized  to  form  for 
of  Mississippi  themselves  a  constitution  and  State  government,  and  to  assume  such 
a  e^ategovern1-  name  as  they  shall  deem  proper;  and  the  said  State,  when  formed, 
ment,  be  admit-  shall  be  admitted  into  the  Union  upon  the  same  footing  with  the  origi- 
ted  into  thenal  States,  in  all  respects  whatever. 

Union,  &c.  gEC  $   And  be  it  further  enacted,  That  the  said  State  shall  consist  of 

the  State.  al1  the  territory  included  within  the  following  boundaries,  to  wit: 

Beginning  on  the  river  Mississippi  at  the  point  where  the  southern 
boundary-line  of  the  State  of  Tennessee  strikes  the  same,  thence  east 
along  the  said  boundary-line  to  the  Tennessee  River,  thence  up  the 
same  to  the  mouth  of  Bear  Creek,  thence  by  a  direct  line  to  the  north- 
west corner  of  the  county  of  Washington,  thence  due  south  to  the  Gulf 
of  Mexico,  thence  westwardly,  including  all  the  islands  within  six 
leagues  of  the  shore,  to  the  most  eastern  junction  of  Pearl  River  with 
Lake  Borgne,  thence  up  said  river  to  the  thirty -first  degree  of  north 
latitude,  thence  west  along  the  said  degree  of  latitude  to  the  Mississippi 
River,  thence  up  the  same  to  the  beginning,  (a) 


MISSISSIPPI.  555 

SEC.  4.  And  le  it  further  enacted,     *     *     *     That  the  said  convention     Reservations 
shall  provide,  by  an  ordinance  irrevocable  without  the  consent  of  the  ai}  l  conditionsof 


United  States,  that  the  people  inhabiting  the  said  Territory  do  agree  and 
declare  that  they  for  ever  disclaim  all  right  or  title  to  the  waste  or  unap- 
propriated lands  lying  within  the  said  .  Territory,  and  that  the  same 
shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  United 
States;  and  moreover,  that  each  and  every  tract  of  land  sold  by  Con- 
gress, shall  be  and  remain  exempt  from  any  tax  laid  by  the  order,  or 
under  the  authority,  of  the  State,  whether  for  State,  county,  township, 
parish  or  any  other  purpose  whatever,  for  the  term  of  five  years,  from 
and  after  the  respective  days  of  the  sales  thereof,  and  that  the  lands 
belonging  to  citizens  of  the  United  States,  residing  without  the  said 
State,  shall  never  be  taxed  higher  than  the  lands  belonging  to  persons 
residing  therein  ;  and  that  no  taxes  shall  be  imposed  on  lands  the  prop- 
erty of  the  United  States,  (&;  and  that  the  river  Mississippi,  and  the 
navigable  rivers  and  waters  leading  into  the  same,  or  into  the  Gulf  of 
Mexico,  shall  be  common  highways,  and  for  ever  free,  as  well  to  the 
inhabitants  of  the  said  State,  as  to  other  citizens  of  the  United  States; 
without  any  tax,  duty,  impost,  or  toll,  therefor,  imposed  by  the  said 
State. 

SEC.  5.  And  le  it  further  enacted,  That  five  per  cent,  of  the  net  pro-     Reservation  of 
ceeds  of  the  lands  lying  within  the  said  Territory,  and  which  shall  be  five  per  cent,  on 
sold  by  Congress  from  and  after  the  first  day  of  December  next,  after  lan£?    sold    f°r 
deducting  all  expenses  incident  to  the  same,  shall  be  reserved  for  mak-  and  Canals°  & 
ing  public  roads  and  canals  ;  of  which  three-fifths  shall  be  applied  to 
those  objects  within  the  said  State,  under  the  direction  of  the  legisla- 
ture thereof,  and  two-  fifths  to  the  making  of  a  road  or  roads  leading  to 
the  said  State,  under  the  direction  of  Congress:  Provided,  That  the  ap-     Proviso:  prior 
plication  of  such  proceeds  shall  not  be  made  until  after  payment  is  com-  obligation  s  to 
pleted  of  the  one  million  two  hundred  and  fifty  thousand  dollars  due  to  Georgia,  &c.,  to 
the  State  of  Georgia,  in  consideration  of  the  cession  to  the  United  States,  ^first  discharg- 
nor  until  the  payment  of  all  the  stock  which  has  been  or  shall  be  created 
by  the  act,  entitled  u  An  act  providing  for  the  indemnification  of  certain 
claimants  of  public  lands  in  the  Mississippi  Territory,"  shall  be  com- 
pleted :  And  provided  also,  That  the  said  five  per  cent,  shall  not  be  cal-    Proviso  :     the 
culated  on  any  part  of  such  proceeds  as  shall  be  applied  to  the  payment  five  per  cent,  not 
of  the  one  million  two  hundred  and  fifty  thousand  dollars  due  to  the  to  be  calculated 
State  of  Georgia,  in  consideration  of  the  cession  to  the  United  States,  JSedfc 
or  in  payment  of  the  stock  which  has  or  shall  be  created  by  the  act, 
entitled  "  An  act  providing  for  the  indemnification  of  certain  claimants 
of  public  lands  in  the  Mississippi  Territory."  (c) 

*  *  *  *  *  «  « 

(a)  See  Nos.  1264,  1265,  1285,  1304,  1306. 

(&)  See  Nos.  169,  1394. 

(c)  See  Nos.  1015,  1266,  1314,  1340,  1366,  1374,  1382,  1398,  1415. 


No.  1304.— AN  ACT  to  establish  a  separate  Territorial  government  for  the  eastern     March  3  1817. 
part  of  the  Mississippi  Territory.  YoL  3  p.' 371.  ' 

[Part  of  Mississippi  Territory  to  form  a  separate  Territory  to  be~ 
called  Alabama.     See  ALABAMA,  No.  1443.] 


No.  1305.— AN  ACT  to  authorize  the  appointment  of  a  surveyor  for  the  lands  in     March  3, 1817. 
the  northern  part  of  the  Mississippi  Territory,  and  the  sale  of  certain  lands  therein     Vol.  3,  p.  375. 
described. 


Be  it  enacted,  #c.,  That  a  surveyor  of  the  lands  of  the  United  States    A  surveyor  of 
in  the  Mississippi  Territory,  lying  north  of  an  east  and  west  line,  to  be  Jhe.tlail (!l  °5 
drawn  from  the  river  Mississippi,  through  Fort  Williams,  to  the  west-  bV  appointed  for 
ern  boundary  line  of  the  State  of  Georgia,  shall  be  appointed,  whose  that  part  of  the 
duty  it  shall  be  to  engage  a  sufficient  number  of  skilful  surveyors  as  Mississippi  Ter- 
his  deputies,  and  to  cause  the  lands  above  mentioned,  which  have  not  {^^fuj^escom 
already  been  surveyed,  and  to  which  the  Indian  title  has  been  extin-  pen8atiou,  <fec. 
guished,  to  be  surveyed  and  divided  in  the  manner  provided  by  law  for 
the  surveying  of  the  other  public  lauds  of  the  United  Stages  in  the 
Mississippi  Territory,  to  do  and  perform  all  such  acts  iu  relation  to  the 
said  lands,  to  transmit  plats  of  survey  in  the  manner,  and  to  fix  the 
compensation  of  the  deputy  surveyor,  chain- carriers,  and  axe-men,  un- 
der th.6  same  restrictions  and  limitations  of  expense  in  surveying,  as  is 


556  MISSISSIPPI. 

by  law  directed  and  provided  for  the  regulation  of  the  powers  and  du- 
ties of  the  surveyor  of  the  lands  south  of  the  State  of  Tennessee,  in  re- 
lation to  the  other  public  lands  in  the  Mississippi  Territory.  And  the 
said  surveyor,  appointed  in  pursuance  of  this  act,  shall  be  entitled  to 
receive,  for  his  services,  one  thousand  five  hundred  dollars,  as  an  an- 
nual compensation,  (a) 

Lands  to  be  at-     SEC.  2.  And  be  it  further  enacted,  That  all  the  lands  of  the  United 

tochf<*  *?  Madi-  States  in  the  Mississippi  Territory,  to  which  the  Indian  title  has  been 

extinguished,  lying  north  of  the  aforesaid  east  and  west  line,  and  which 

has  not  heretofore  been  offered  for  sale,  shall  be  attached  to,  and  made 

a  part  of,  the  land  district  of  Madison,  in  the  said  Territory.  (&) 

Landsattached      SEC.  3.  And  be  it  further  enacted,  That  all  the  lands,  by  this  act  at- 
to  Madison  dis-  tached  to  the  district  of  Madison,  (c)  after  having  been  surveyed  ac- 
SntioTof  section  cording  to  law>  shall>  with  the  exception  of  the  section  No.  16,  in  each 
16,  to  be  offered  township,  which  shall  be  reserved  for  the  support  of  schools  therein, 
for  sale,  &c.          (d)  and  with  the  further  exception  of  such  sections,  not  exceeding  ten 
in  number,  as  the  President  snail  designate,  for  the  purpose  of  laying 
out  and  establishing  towns  thereon,  be  offered  for  sale  to  the  highest 
bidder,  under  the  direction  of  the  register  of  the  land  office,  and  the 
receiver  of  public  moneys,  at  the  place  where  the  land  office  is  kept, 
and  on  such  day,  or  days,  as  shall,  by  proclamation  of  the  President  of 
the  United  States,  be  designated  for  that  purpose;  the  sales  shall  re- 
Lands  not  to  be  main  open  two  weeks,  and  no  longer.    The  lands  shall  not  be  sold  for 
sold  for  less  than  less  than  two  dollars  an  acre,  and  shall  in  every  other  respect  be  sold 
*"2£mdtMremain. in  tracts  of  tne  8ame  size,  and  on  the  same  terms,  and  conditions,  as 
ing  unsold  may  have  been,  or  may  be,  provided  for  lands  sold  in  the  same  district.     All 
be  disposed  of  a"t  the  lands  offered  for  sale,  and  remaining  unsold  at  the  close  of  the  said 
private  sale,  <fcc.  public  sales,  may  be  disposed  of  at  private  sale  by  the  register  of  the 
land  office,  in  the  same  manner,  for  the  same  price,  and  on  the  same 
terms  and  conditions,  as  are,  [or]  may  be,  provided  for  the  sale  of  other 
lands  in  the  same  district,  and  patents  shall  be  granted  in  the  same 
maner,  and  on  the  same  terms,  as  for  other  lands  in  the  said  district.  (&) 
Five  dollars     SEC.  4.  And  be  it  further  enacted,  That  the  register  and  receiver  of 
per  day  to  the  public  moneys  shall  each  receive  five  dollars,  for  each  day's  attendance 
ceiver?r  '*' in  directing  the  public  sales,  directed  by  this  act. 

The  sections     SEC.  5.  And  be  it  further  enacted,  That  the  President  of  the  United 
reserved  to  be  States  be,  and  he  hereby  is,  authoiized  to  cause  the  sections,  reserved 
laid  off  into  lots,  %$  aforesaid,  for  establishing  towns  thereon,  to  belaid  off  into  lots,  un- 
der the  direction  of  the  surveyor  appointed  as  aforesaid;  and  when  the 
Pluts,  &c.          survey  of  the  lots  shall  be  completed,  plats  thereof  shall  be  trans- 
mitted to  the  Commissioner  of  the  General  Land  Office,  and  the  register 
of  the  land  office,  and  the  lots  shall  be  offered,  to  the  highest  bidder,  at 
public  sale,  on  such  day  or  days  as  the  President  shall,  by  his  procla- 
To  be  sold  on  mation,  designate  for  that  purpose,  and  shall  be  sold  on  the  same  terms 
the  same  terms  and  conditions,  in  every  respect  (except  as  to  the  quantity  of  land)  as 
as °ther  lands,  j^^  or  may  be  provided  for  the  sale  of  the  other  public  lands  in  the 
Proviso;  as  to  sai(1  district ;  Provided,  That  no  lot  shall  be  sold  for  a  less  price  than  at 
the  price  of  each  the  rate  of  six  dollars  per  acre ;  nor  shall  there  be  reserved  for  the  pur- 
lot,  &c.  pose  aforesaid,  more  than  one  section  in  any  one  township.  (6) 

(a)  See  Nos.  37,  777, 1267, 1269, 1292;  1298, 1343, 1356. 

(6)  See  Xos.  36,  59.  433, 1266. 1267, 1273, 1274, 1275, 1276, 1277, 1279.  1281, 1288, 1292, 1293, 
1298, 1301,  1315, 1323, 1327,  1336, 1361, 1382,  1391, 1408,  1414, 1416,  1417. 

(c)  See  Xos.  731,  1-266, 1272, 1275, 1279,  1298.  1310,  1315, 1328,  1349,  1355, 1363, 1373, 1410. 

(d)  See  Kos.  12t6,  1271,  1275, 1277,  1295,  1298, 1315, 1339, 1365, 1366, 1375, 1387,  1402, 1406, 

1416. 


Dec.  10, 1817.     No.  1306.— RESOLUTION  for  the  admi  sion  of  the  State  of  Mississippi  into  the 
Vol.  3,  p.  472.  Union. 


Preamble.  Whereas,  in  pursuance  of  an  act  of  Congress,  passed  on  the  first  day 

of  March,  one  thousand  eight  hundred  and  seventeen,  entitled  "An  act 
to  enable  the  people  of  the  western  part  of  the  Mississippi  Territory  to 
form  a  constitution  and  State  government,  and  for  the  admission  of 
such  State  into  the  Union  on  an  equal  footing  with  the  original  States," 
the  people  of  the  said  Territory  did,  on  the  fifteenth  day  of  August,  in 
the  present  year,  by  a  con-  ention  called  for  that  purpose,  form  for  them- 
selves a  constitution  and  State  government,  which  constitution  and 
State  government  so  formed,  is  republican,  and  in  conformity  to  the 
principles  of  the  articles  of  compact  between  the  original  States  and  the 
people  and  States  in  the  territory  north  west  of  the  river  Ohio,  passedou  the 
thirteenth  day  of  July,  one  thousand  seven  hundred  and  eighty- seven— 


MISSISSIPPI.  557 

Resolved,  ifc.,  That  the  State  of  Mississippi  shall  be  one,  and  is  hereby     Mississippi  ad- 
declared  to  be  one,  of  the  United  States  of  America,  and  admitted  intomitted  into  the 
the  Union  on  an  equal  footing  with  the  original  States,  in  all  respects IJnlon< 
whatever,  (a) 

(a)  See  Nos.  1264, 1265, 1285, 1303, 1304. 


No.  1307.— AN  ACT  for  the  relief  of  Daniel  Burnet,  Gibson  Clark,  and  the  legal    April  11, 1818. 
representatives  of  Hubert  Rowel.  Vol.  6,  p.  205. 


Be  it  enacted,  $c.,  That  it  shall  be  the  duty  of  the  register  of  the  land     Examination 
office  and  receiver  of  public  moneys  west  of  Pearl  River,  in  the  State  of  of   land  claims, 
Mississippi,  to  examine  the  evidence  heretofore  given,  and  to  receive  &c- 
additional  testimony,  in  the  claims  to  land  of  Daniel  Burnet  and  Gib- 
son Clark,  of  the  State  of  Mississippi,  founded  on  warrants  or  orders 
of  survey    granted  by  the  Spanish  Government  to  James  Davenport 
and  James  Stewart,  and  if  it  shall  appear  to  the  satisfaction  of  the  said 
register  and  receiver,  that  the  said  James  Davenport  and  James  Stew- 
art, under  whom  the  said  Daniel  Burnet  and  Gibson  Clark  claim,  were 
resident  in  the  late  Mississippi  Territory,  on  the  twenty-  seventh  day  of 
October,  one  thousand  seven  hundred  and  ninety-five,  then,  and  in  that 
case,  the  claims  aforesaid  shall  be  respectively  confirmed,  and  patents 
shall  issue  for  the  same  as  in  other  cases.     And  it  shall  moreover  be  the     Receiver  of 
duty  of  the  said  receiver  of  public  moneys  to  refund,  to  either  of  the  public  moneys  to 
said  claimants,  any  moneys  which  they,  or  either  of  them,  may  have  refund,  &c. 
paid  to  the  United  States,  in  consequence  of  said  lands  being  granted 
to  them  in  right  of  pre-emption. 

SEC.  2.  And  be  it  further  enacted,  That  the  legal  representatives  of     The  legal  rep- 
Hubert  Rowel  be,  and  they  are  hereby  confirmed  in  their  claim  to  a  tract  resentatives     of 
of  land,  lying  and  being  in  the  State  of  Mississippi,  on  the  waters  «<co!Sr»edS 
the  Bayou  Sarah,  containing  eight  hundred  and  fifty  arpents,  granted  their  claim  to  a 
by  the  Spanish  Government  to  said  Hubert  Rowel,  by  patent,  legally  tract  of  land. 
and  fully  executed,  bearing  date  the  sixteenth  day  of  May,  one  thou- 
sand seven  hundred  and  ninety-one  :  Provided,  The  said  land  has  not     provi80. 
been  already  disposed  of  under  the  authority  of  the  United  States. 

No.  1308.—  AN  ACT  for  the  relief  of  the  legal  representatives  of  Alexander  Mont-     Jan.  8,  1819. 
gomery,  deceased.  Vol.  6,  p.  217. 

Beit  enacted,  $c.,  That  it  shall  be  the  duty  of  the  register  of  the  land    Exainination 
office,  and  receiver  of  public  moneys,  west  of  Pearl  River,  in  the  State  of  evidence  as  to 
of  Mississippi,  to  examine  the  evidence  heretofore  given,  and  to  receive  their   claims  to 
additional  testimony,  in  the  claims  to  land,  of  the  legal  representatives  land,  with  a 
of  Alexander  Montgomery,  deceased,  founded  on  warrants,  or  orders  of  £|rf  patents.811 
survey,  granted  by  the  Spanish  Government  to  Solomon  Whitley  and     ' 
John  Montgomery  ;  and  if  it  shall  appear,  to  the  satisfaction  of  said 
register  and  receiver,  that  the  said  Solomon  Whitley  and  John  Mont- 
gomery, or  their  legal  representatives,  under  whom  the  said  tracts  of 
land  are  claimed,  were  resident  in  the  Mississippi  Territory  on  the 
twenty  seventh  day  of  October,  one  thousand  seven  hundred  and  ninety- 
five,  then,  and  in  that  case,  the  claims  aforesaid  shall  be  respectively 
confirmed,  and  patents  shall  issue  for  the  same,  as  in  other  cases  :  Pro-    Proviso. 
vided,  That  nothing  in  this  act  shall  affect  the  claim  or  claims  of  any 
person  or  persons  to  the  same  land,  or  any  part  thereof,  derived  from 
the  United  States,  if  any  such  there  be,  or  the  claim  or  claims  of  any 
other  person  or  persons  whatsoever. 

No.  1309.—  AN  ACT  providing  for  a  grant  of  land  for  the  seat  of  government  in  Feb.  20,  1819. 
the  State  of  Mississippi,  and  for  the  support  of  a  seminary  of  learning  within  the  Vol.  3,  p.  485. 
said  State.  -  ----  - 


Be  it  enacted,  #c.,  That  there  shall  be  granted  to  the  State  of  Missis- 
sippi,  two  entire  sections  of  land,  or  fractional  sections,  or  quarter-  sec-  government. 
tions,  not  exceeding  the  quantity  contained  in  two  entire  sections,  for 
a  seat  of  government  in  the  said  State  ;  which  land  shall  be  located  in 
one  entire  tract,  at  such  place  as,  under  the  authority  of  the  said  State, 
shall  be  designated  for  the  seat  of  government  therein,  whenever  the     T 
Indian  title  shall  have  been  extinguished  thereto,  and  before  the  com- 
mencement  of  the  public  sales  of  the  adjoining  and  surrounding  lands 
belonging  to  the  United  States. 

SEC.  2.  And  be  it  further  enacted,  That  in  addition  to  the  township  of 
land  granted  for  the  support  of  Jefferson  College,  there  shall  be  granted,  port  of  a  8emm- 
in  the  said  State,  another  township,  or  a  quantity  of  land  equal  thereto,  ary  of  learning. 


558 


MISSISSIPPI. 


to  be  located  in  tracts  of  not  less  than  four  entire  sections  each,  which 
shall  be  vested  in  the  legislature  of  the  said  State,  in  trust,  for  the  sup- 
port of  a  seminary  of  learning  therein  ;  which  lands  shall  be  located  by 
To  be  located  the  Secretary  of  the  Treasury  of  the  United  States,  whenever  an  extiu- 
by  the  Secretary  guishment  of  Indian  title  shall  be  made  for  lands  suitable,  in  his  opinion, 
whenever^c1"'  for  that  PnrPose>  in  tne  8aitl  State  :  which  grant,  hereby  provided  to  be 
This  prant  in  roade,  shall  be  considered  as  made  in  iieu  of  a  township  directed  to  be 
lieu  of  a  town- reserved  by  the  fifth  section  of  an  act,  entitled  "An  act  to  provide  for 
ship  reserved  by  the  ascertaining  and  surveying  of  the  boundary  line  fixed  by  the  treaty 
3  5gjf  nl  with  the  Creek  Indians,  and  for  other  purposes,"  passed  March  three, 

'  The  township  «ne  thousand  eight  hundred  and  fifteen ;  and  which  reserve  of  one  town- 
reserved  by  act  ship,  provided  to  be  made  by  the  aforesaid  fifth  section  of  said  act,  shall 
3. 1?15'  be  offered  for  sale,  in  the  same  manner  as  the  other  public  lands  in  the 
same  district.  («) 
(a)  See  Xo.  1298. 


to  be  sold. 


March  3,  1819.   Hf«.  1310 — AX  ACT  for  adjusting  the  claims  to  land,  and  establishing  land  offices, 
ToL  3.  p.  528  in  the  districts  east  of  the  island  of  Xew  Orleans. 

[See  LOUISIANA,  No.  731.] 


Jan.  14, 1820.      3fo.  1311  .—AN  ACT  for  the  relief  of  the  legal  representatives  of  Philip  Barbour, 
Vol.  6,  p.  236.  deceased. 

The  register      ^€  *"'  enactc^i  $'c-i  That  the  register  of  the  land  office  and  receiver  of 
and  receiver  in  public  moneys  of  the  United  States,  in  the  State  of  Mississippi,  west  of 
Mississippi  to  Pearl  River,  be,  and  they  are  hereby,  authorized  and  directed,  within 
report  to    the  twelve  months  after  the  passage  of  this  act,  to  report  to  the  Commis- 
OffiD<»  the  va?ue8ioner  of  the  General  Land  Office  the  value  of  fifteen  hundred  acres  of 
of  1500  acres  of  land,  situated  on  the  river  Mississippi,  at  the  mouth  of  Big  Black,  corn- 
land,  &c.  monly  called  Grand  Gulph,  patented  in  the  year  one  thousand  seven 
hundred  and  seventy,  by  the  government  of  West  Florida,  to  Philip  Bar- 
bour,  deceased ;  the  said  register  and  receiver  having,  in  making  such 
estimate,  a  due  regard  to  the  time  when  the  said  land,  or  any  part  of 
it,  was  sold  by  the  Government  of  the  United  States  :  whereupon  the 
said  Commissioner  of  the  General  Land  Office  shall  issue  to  the  legal 
representative  of  the  said  Philip  Barbour,  deceased,  a  certificate  of  the 
amount  so  reported  by  the  said  register  and  receiver ;  which  certificate 
shall  be  receivable  in  payment  of  any  debt  which  may  have  accrued,  or 
shall  hereafter  accrue,  to  the  United  States,  on  the  sale  of  any  of  the 
Proviso.  public  lands :  Provided,  however,  That,  before  the  said  Commissioner  of 
the  General  Land  Office  shall  issue  the  certificate,  the  said  legal  repre- 
sentative shall  file  in  his  office  a  written  release,  under  his  hand  and 
seal,  with  all  the  solemnities  necessary  to  make  it  valid  and  operative, 
whereby  he  shall  release  to  the  United  States  all  his  claim  to  the  said 
fifteen  hundred  acres  of  land. 


Aprils,  1820. 
Vol.  6,  p.  239. 

Land  title  con 
firmed. 


Proviso. 


IVo.  131*.— AX  ACT  for  the  relief  of  the  legal  representatives  of  John  O'Connor, 

deceased. 

Be  it  enacted,  <^e.,  That  the  legal  representatives  of  John  O'Connor, 
deceased,  be,  and  they  are  hereby,  confirmed  in  their  title  to  a  tract  of 
land  situated  on  Buftaloe  Creek,  in  the  State  of  Mississippi,  containing 
eight  hundred  arpens,  granted  by  the  Spanish  Government  to  William 
Conway,  by  patent,  dated  the  fourteenth  day  of  June,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  eighty-seven,  and  conveyed 
to  John  O'Connor,  by  the  said  Conway,  on  the  twenty-sixth  day  of 
January,  one  thousand  seven  hundred  and  ninety-seven  :  Provided,  That 
nothing  in  this  act  contained  bhall  affect  the  claim  or  claims  of  any 
other  person  or  persons  to  the  said  land,  or  any  part  thereof,  derived 
from  the  United  States,  or  any  other  source  whatever. 


May  8,  1820.       N«.  131 3.— AX  ACT  for  the  relief  of  the  heirs  of  Abijah  Hunt  and  William  Gordon 
VoL  6,  p.  248.  Forman. 

— Connrmed~in     **€  !'*  enactedi  $c->  That  the  heirs  of  Abijah  Hunt  and  William  Gordon 

their  claim  to  a  Form  an  be,  and  they  are  hereby,  confirmed  in  their  claim  to  fifteen 

tract  of  land  in  hundred  arpens  of  land,  situated  on    the  Mississippi  River,  near  the 

Mississippi.          mouth  of  Cole's  Creek,  in  the  State  of  Mississippi,  being  the  same  land 

which  was  conveyed  to  Abijah  Hunt  and  William  Gordon  Forman,  on 

the  thirty-first  day  of  May,  one  thousand  eight  hundred  and  two,  by 

Charles  Norwood,*  executor  of  the  last  will  and  testament  of  John 


MISSISSIPPI.  559 

Turnlmll :  Provided,  Nothing  in  this  act  shall  be  so  construed  as  to  affect     Proviso, 
the  claim  of  any  other  person  or  persons  to  the  said  land,  or  any  part 
thereof,  derived  either  from  the  United  States  or  from  any  other  source 
whatsoever. 


NO.  1314.— AN  ACT  to  provide  for  paying  to  the  State  of  Missouri,  Mississippi,      May  3,  1822. 
and  Alabama,  three  per  cent,  of  the  net  proceeds,  arising  from  the  sale  of  the  pub-     Vol.  3,  p.  674. 
lie  lands  within  the  same. 


SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury     The  Secretary 
shall,  from  time  to  time,  and  whenever  the  quarterly  accounts  of  pub-  °f  the  "J 
lie  moneys  of  the  several  land  offices  in  the  State  of  Mississippi  shall  cemof  the  net 
be  settled,  pay  three  per  cent,  of  the  net  proceeds  of  the  sales  of  the  pr0reeds   of  the 
lands  of  the  United  States  lying  within  Ihe  State  of  Mississippi,  which,  sales    of  public 
since  the  first  day  of  December,  one  thousand  eight  hundred  and  seven-  lands  Y1™?  *?* 
teen,  have  been,  or  hereafter  may  be,  sold  by  the  United  States,  after  g£J?  ^JJJg* 
deducting  all  expenses  incident  to  the  same,  to  such  person  or  persons  expenses,  to  any 
as  may  or  shall  be  authorized  by  the  legislature  of  the  said  State  of  person    authori- 
Mississippi  to  receive  the  same  ;  which  sum  or  sums,  thus  paid,  shall  be  iz««l  to  receive  it. 
applied  to  making  public  roads  and  canals  within  the  said  State,  accord-  pai(i  to be'applied 
ing  to  the  provisions  on  this  subject  contained  in  the  act,  entitled  "An  to  the    making 
act  to  enable  the  people  of  the  western  part  of  the  Mississippi  Territory  of  roads  and  ca- 
to  form  a  constitution  and  State  government,  and  for  the  admission  of  Jjjj*.  J£0  Miss18' 
such  State  into  the  Union  on  an  equal  footing  with  the  original  States,"  Annual  account 
and  to  no  other  purpose  ;  and  an  annual  account  of  the  same  shall  be  to  be  transmitted 
transmitted  to  the  Secretary  of  the  Treasury,  by  such  officer  or  person  to  the  Secretary 
of  the  State  as  the  legislature  thereof  shall  direct,  and  of  its  application,  ot 
if  any  be  made,  and  in  default  of  such  return  being  made,  the  Secre- 
tary of  the  Treasury  is  hereby  required  to  withhold  the  payment  of 
any  sum  or  sums  that  may  then  be  due,  or  which  thereafter  may  become 
due,  until  a  return  shall  be  made  as  herein  required. 

SEC.  3.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury     The  Secretary 
shall,  from  time  to  time,  and  whenever  the  quarterly  accounts  of  pub-  °f  tlie  Treasury 
lie  moneys  of  the  several  land  offices  in  the  State  of  Alabama  shall  be  JSSPofSe  Set 
settled,  pay  three  per  cent,  of  the  net  proceeds  of  the  sales  of  the  lands  proceeds  of  the 
of  the  United  States  lying  within  the  State  of  Alabama,  which  since  sales   of   public 
the  first  day  of  September,  in  the  year  one  thousand  eight  hundred  and  *and8  within  the 
nineteen,  have  been,  or  hereafter  may  be,  sold  by  the  United  States,  after  gjj^  8?nCe  Sept! 
deducting  all  expenses  incident  to  the  same,  to  such  person  or  persons  as  i,   1819,   deduct- 
may  or  shall  be  authorized  by  the  legislature  of  the  said  State  of  Alabama  ing  expenses,  to 
to  receive  the  same  ;  which  sum  or  sums,  thus  paid,  shall  be  applied  to  a£v .  p^r80^  ^ 
making  public  roads  and  canals,  and  improving  the  navigation  of  rivers,  G6fre  it 
within  the  said  State  of  Alabama,  under  the  direction  of  the  legislature     The  sums  thus 
thereof,  according  to  the  provisions  on  this  subject  contained  in  the  act,  paid  to    be  ap- 
entitled  "An  act  to  enable  the  people  of  the  Alabama  Territory  to  form  P^oads  caSSs 
a  constitution  and  State  government,  and  for  the  admission  of  such  State  &£  jn  Alabama'. 
into  the  Union  on  an  equal  footing  with  the  original  States,"  and  to  no 
other  purpose ;  and  an  annual  account  of  the  same  shall  be  transmitted  Annual  account 
to  the  Secretary  of  the  Treasury,  by  such  officer  or  person  of  the  State  Jfon  ofetll JKnTv 
as  the  legislature  thereof  shall  direct,  and  of  its  application,  if  any  be  to  be  transmitted 
made ;  and  in  default  of  such  return  being  made,  the  Secretary  of  the  to  the  Secretary 
Treasury  is  hereby  required  to  withhold  the  payment  of  any  sum  or  of  the  Treasury, 
sums  that  may  then  be  due,  or  which  thereafter  may  become  due,  until 
a  return  shall  be  made  as  herein  required :  Provided,  That  the  Secretary    Proviso, 
of  the  Treasury  shall  not  allow  to  either  of  the  said  States  of  Mississippi 
and  Alabama  three  per  cent,  on  the  net  proceeds  of  the  sales  of  public 
lands  within  the  limits  of  the  late  Mississippi  Territory,  after  deducting 
incidental  expenses,  until  the  sum  of  one  million  two  hundred  and  fifty 
thousand  dollars,  stipulated  to  be  paid  by  the  United  States  to  the  State 
of  Georgia,  for  the  cession  of  the  late  Mississippi  Territory,  now  com- 
posing the  States  of  Mississippi  and  Alabama,  shall  have  been  first  paid 
and  deducted;  nor%intil  the  stock  created  under  the  provisions  of  the 
act  of  Congress  of  the  thirty-first  of  March,  one  thousand  eight  hun- 
dred and  four  teen,  entitled  "An  act  providing  for  the  indemnification 
of  certain  claimants  of  public  lands  in  the  Mississippi  Territory,"  and 
the  act  supplementary  thereto,  shall  have  been  redeemed,  or  if  not  en- 
tirely redeemed  the  residue  to  be  deducted  from  the  net  proceeds,  (a) 

(a)  See  Nos.  1015, 1266, 1303, 1340, 1366, 1374, 1382, 1398, 1415. 


560  MISSISSIPPI. 

May  r.,  Is-.'-j         >o.  1315.— AX  ACT  providing  for  the  disposal  of  the  public  lands  in  the  State  of 
Vol.  3,  p.  C?0.          Mississippi,  and  for  the  hetter  organization  of  the  land  districts  in  the  States  of 
Alabama  and  Mississippi. 

The  tract  of      ^e  it  enacted,  fc.,  That  all  that  tract  of  country  which  was  «.-fded  to 
^"e^Choctaws^  the  United  States  by  a  treaty  with  the  Choctaw'  Indians,  held  on  the 
on  October   18,'  eighteenth  day  of  October,  in  the  year  of  our  Lord  one  thousand  eight 
1820,  formed  into  hundred  and  twenty,  near  Doake's  Stand,  in  the  State  of  Mississippi, 
a  land  district,      be,  and  the  same  is  hereby,  formed  into  a  land  district;  and  for  the 
Land  office.       disposal  of  the  public  lands  in  said  district,  a  land  office  shall  be  estab- 
lished within  the  same,  at  such  convenient  place  as  the  President  of  the 
United  States  may  direct  and  appoint;  and  for  said  office  a  register 
A  register  and  an(i  receiver  shall  be  appointed  by  the  President,  by  and  with  the  ud- 
SIdrwhoearevice  and  consent  of  the  Senate,  who  shall  severally  give  bond  with 
to  give  bond  with  security,  before  entering  on  the  duties  of  their  respective  offices,  in 
security,  to  re- like  manner  and  for  like  sums,  shall  receive  similar  compensation,  fees, 
ceive  similaran(i  emoluments,  and  shall  perform  similar  duties,  and  possess  similar 
and  pe° toi m  hke  Povvers>  with  all  other  registers  and  receivers  of  public  moneys  of  the 
duties,  as  other  United  States,  appointed  bylaw  for  the  disposal  of  the  public  land; 
registers  and  re-  and  shall,  in  all  respects,  be  governed  by  the  laws  of  the  United  States 
ceh-ers.  &c.          providing  for  the  disposal  of  the  public  land  :  Provided,  however,  That 
the  first  sale  of  the  lands  within  the  district  aforesaid  may  be  held  at 
Proviso  such  convenient  place  within  the  district  west  of  Pearl  River,  as  the 

District  o  f  President  of  the  United  States  may  appoint.    And  provided  also,  That 
Pearl  River.        the  President  may,  if  it  should  be  necessary,  in  consequence  of  the 
establishment  of  a  new  basis  meridian,  attach  a  portion  of  the  land 
otherwise  belonging  to  the  district  established  by  this  act  to  the  dis- 
trict west  of  Pearl  River,  (a) 

The  President     SEC.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 

much'of  the Lnd°  States  be,  and  he  is  hereby,  authorized,  when  he  shall  think  proper,  to 

<fcc.,  surveyed,  to  cause  so  much  of  the  land  within  the  district  created  by  this  act,  or 

be  sold  as  other  which  may  be  attached  to  the  district  of  Pearl  River,  and  which  may 

public  lands.        be  surveyed,  to  be  exposed  to  sale,  on  the  same  terms  and  conditions, 

16  forTue^ise^f and  *n  ^e  same  manner  as  all  other  public  lands  of  the  United  States, 

schools  in  each  with  the  exception  of  section  numbered  sixteen,  in  each  township, 

township,  &c.      which  shall  be  reserved  for  the  use  of  schools  within  the  same;  (6) 

ne  and  of  such  other  reservations  as  now  may,  or  hei  eaf ter  may,  exist,  by 

8'  virtue  of  any  act  of  cession,  treaty  or  law  of  the  United  States:  and 

for  the  lands  so  sold,  patents  shall  issue  on  the  terms  and  conditions, 

and  in  the  manner,  provided  by  law  in  relation  to  all  other  public 

lands  of  the  United  States,  (c) 

Thelandslying  SEC.  3.  And  be  it  further  enacted,  That  all  the  lands  lying  on  the  east 
b^bee  in  MissLs-  side  of  *he  Tombigbee  River,  in  the  State  of  Mississippi,  and  to  which 
sippi,  to  which  the  Indian  title  has  been  extinguished,  be,  after  the  thirtieth  day  of 
the  Indian  title  October  next,  attached  to  the  district  established  by  the  first  section  of 
ha.8  bdeen  extin-  this  act ;  and  the  public  lands  therein  shall  be  sold,  on  the  same  terms 
after  October  30,  and  conditions,  and  in  the  same  manner,  and  patents  shall  issue  for  the 
18-.2-2,  to  the  dis-  lands  so  sold,  agreeably  to  the  provisions  of  the  laws  for  the  disposal  of 
tiict  established  the  public  lands  of  the  United  States  in  the  State  of  Mississippi,  (c) 
t  Veh8oldaCe1'  c&ent with  the  excePtion  of  tne  section  numbered  sixteen,  in  each  township, 
section  16,  <fcc.  which  shall  be  reserved  for  the  use  of  schools  within  the  same,  (6)  and 
The  register  of  of  such  other  reservations  as  now  are  made,  or  hereafter  may  be  made, 
the  district  of  by  law.  And  it  shall  be  the  duty  of  the  register  of  the  district  of 
Madison  County  Madison  County,  under  the  direction  of  the  Commissioner  of  the  Gen- 
&c  "  '  eral  Land  Office,  to  transfer  such  books,  maps,  and  records,  or  tran- 

scripts thereof,  to  the  register  appointed  for  the  district  established  by 
the  first  section  of  this  act,  as  may  be  necessary  to  carry  into  complete 
tn^Sst  of  Peari  effect  the  provisions  of  this  section  of  this  act.  (a) 

River,  attached  SEC.  4.  And  be  it  furthei'  enacted,  That,  from  and  after  the  thirtieth 
to  the'  district  of  day  of  October  next,  such  part  of  the  district  east  of  Pearl  River,  as 
Jackson  County,  lies  within  the  State  of  Mississippi,  be  attached  to,  and  constituted  a 
to  cause  the  land  Part  of> tne  district  of  Jackson  County  ;  and  the  President  of  the  United 
office  to  be  re-  States  shall  cause  the  land  office  to  be  removed  to  such  place,  within 
moved,  &c.  the  district  of  Jackson  County,  as  established  bj  this  act,  as  he  may 

Part  of  the  dis- deem  convenient;  and  that  part  of  the  district  of  Jackson  County 
County  attached  which  lies  within  the  State  of  Alabama  shall  be  attached  to,  and  con- 
to  the  district stitnte  a  part  of,  the  district  east  of  Pearl  River,  in  Alabama;  and  it 
east  of  Pearl  shall  be  the  duty  of  the  register  of  the  district  east  of  Pearl  River,  and 
River.  of  the  register  of  the  district  of  Jackson  County,  each,  to  transfer  to 


MISSISSIPPI. 


561 


the  other,  such  books,  records,  surveys,  or  the  transcripts  thereof,  as 
shall  be  necessary  to  carry  into  complete  effect  the  provisions  of  this 
section  of  this  act.  (a) 

(a)  See  Nos.  731,  1266,  1272,  1275,  1279,  1298,  1305,  1310,  1328,  1349,  1355,  1363,  1373. 

(b)  See  Nos.  1266,  1271,  1275,  1277,  1295,  1298,  1305,  1339,  1365,  1366,  1375,  1387,  1402, 

1406,  1416. 

(c)  See  Nos.  36,  59,  433,  1266,  1267,  1273,  1274,  1275,  1276,  1277,  1279,  1281,  1288,  1292, 

1293,  1298,  1301,  1305,  1323,  1327,  1336,  1361,  1382,  1391,  1408,  1414,  1416,  1417. 


No.  1316.— AN  ACT  for  the  relief  of  the  legal  representatives  of  John  Girault. 

Be  it  enacted,  #c.,  That  the  legal  representatives  of  John  Girault  be, 
and  they  are  hereby,  authorized  to  enter,  without  payment,  in  lieu  of 
two  tracts  of  land  which  were  confirmed  to  the  said  John  Girault,  by 
an  act  approved  the  thirtieth  day  of  June,  one  thousand  eight  hundred 
and  twelve,  entitled  "An  act  confirming  claims  to  lands  in  the  Missis- 
sippi Territory,  founded  on  warrants  of  survey  granted  by  the  British 
or  Spanish  Government,"  two  sections  of  land,  agreeably  to  the  surveys 
made  by  the  United  States,  in  any  of  the  land  offices  in  the  States  of 
Mississippi  and  Alabama ;  and  the  register  or  registers  with  whom  such 
entry  or  entries  may  be  made,  shall  issue  the  necessary  certificate  or 
certificates,  on  the  exhibition  of  which,  at  the  General  Land  Office,  a 
patent  or  patents  shall  issue  in  favor  of  the  said  legal  representatives : 
Provided,  Such  entries  be  made  within  two  years  from  the  passage  of 
this  act,  on  lands  which  have  been  offered  at  public  sale,  and  on  at  least 
four  contiguous  quarter-sections  at  a  place :  And  provided  also,  That  the 
said  legal  representatives  shall  first,  in  such  manner  as  the  Secretary  of 
the  Treasury  may  prescribe,  relinquish  all  their  right  in  said  lands  so 
confirmed  to  their  ancestor. 


May  7,  1822. 
Vol.  6,  p.  269. 

Authorized  to 
enter,  without 
payment,  two 
sections  of  land 
in  Mississippi  or 
Alabama,  in  lieu, 
&c. 


Proviso. 


No.  1317.— AN  ACT  granting  a  right  of  pre-emption  to  Noble  Osborne  and  William     May  7, 1822. 

Doake.  Vol.  6,  p.  270. 

Be  it  enacted,  $c.,  That  Noble  Osborne  and  William  Doake,  of  the     Authorized  to 
county  of  Hinds,  and  State  of  Mississippi,  be,  and  they  are  hereby,  au-  enter  the  tracts 
thorized  to  enter,  with  the  register  of  the  land  office  who  may  be  ap-  of  land  on  which 
pointed  for  the  district  in  which  they  are  situated,  at  the  rate  of  one  they  reside,  &c. 
dollar  and  twenty-five  cents  per  acre,  the  tracts  of  land  on  which  they 
respectively  reside,  not  to  exceed,  in  quantity,  six  hundred  and  forty 
acres  each,  and  to  be  bounded  by  sectional  or  quarter-sectional  lines ; 
and,  on  producing  to  the  said  register  the  receipts  of  the  receiver  of 
public  moneys  for  said  district,  for  the  full  amount  of  the  purchase 
money,  shall  be  entitled  to  patents  as  in  other  cases:  Provided,  Such     Proviso, 
entry  and  payment  be  made  at  any  time  anterior  to  the  first  public  sale 
of  lands  within  said  district. 


No.  1318. — AN  ACT  supplementary  to  the  several  acts  for  adjusting  the  claims  to 
land,  and  establishing  land  offices,  in  the  districts  east  of  the  island  of  New  Or- 


[  See  LOUISIANA,  No.  737.] 


May  8,  1822. 
Vol.  3,  p.  707. 


No.  1319.— AN  ACT  for  the  relief  of  the  heirs  and  representatives  of  Alexander     March  3  1823 
Montgomery,  deceased.         .  .  Vol.  6,  p.  282.' 


Be  it  enacted,  $-c.,  That  the  heirs  and  legal  repr 
dor  Montgomery,  deceased,  be,  and  they  are  ht 


>resentatives  of  Alexan-     Certain    iand8 
lereby,  authorized  and  granted    to    the 

empowered  to  enter  four  quarter-sections  of  land,  at  any  time  within  Beirs  of  Alexan- 
three  years  from  the  passing  of  this  act,  at  either  of  the  land  offices  in  der    Montgome- 
the  States  of  Mississippi  or  Alabama ;  which  said  four  quarter-sections  y' 
shall  be  in  full  satisfaction  of  all  their  claims  for,  and  on  account  of, 
five  hundred  and  seventeen  arpens  of  land,  situate  on  the  waters  of  the 
Homochitto,  in  the  now  State  of  Mississippi,  to  which  Alexander  Mont- 
gomery was  entitled  by  virtue  of  a  Spanish  order  of  survey  for  four  hun- 
dred arpens,  to  Solomon  Whitley,  dated  the  fifth  of  May,  seventeen 
hundred  and  ninety,  and  another  for  three  hundred  arpens,  to  John  Mont- 
gomery, dated  the  twenty -sixth  of  April,  seventeen  hundred  and  ninety, 
which  said  lands  have  been  in  part  sold  by  the  United  States. 

36  L  O — VOL  II 


562  MISSISSIPPI. 

Lands   must     SEC.  2.  And  be  it  further  enacted,  That  no  lands  shall  be  entered  in 

5jve  ^j1.  off^r'  virtue  of  this  act,  which  shall  not  have  been  previously  offered  at  pub- 

'  lie  sale ;  nor  shall  any  lards,  surrendered  under  the  authority  of  the  act, 

entitled  "An  act  for  the  relief  of  the  purchasers  of  public  lands  prior  to 

the  first  day  of  July,  1620,"  be  so  entered,  until  such  lands  shall  have 

again  been  offered  at  public  sale. 


March  3,  1823.  No.  1320.— AN  ACT  for  the  relief  of  Woodson  "Wren. 

Vol.  6,  p.  gig.        ^  jt  enact€d,  fa.,  That  the  register  and  receiver  of  the  land  office  at 
Register  and  Jackson  Courthouse  be,  and  they  are  hereby  authorized  and  required, 
receiver  at  Jack-  on  tne  application  of  Woodson  Wren,  to  receive  and  decide  on  the  proofs 
to  decide  "ntto  of  his  claim  to  a  tract  of  land  situated  on  the  northeast  side  of  the  Bay 
claim.  of  Biloxi,  between  Belle  Fontaine  Point  and  the  old  French  fort,  which 

land  he  claims  by  virtue  of  a  purchase  from  Littlepage  Robertson ;  and 
the  said  officers  are  to  be  governed,  in  all  respects,  by  the  act,  entitled 
"An  act  lor  adjusting  the  claims  to  land,  and  establishing  land  offices, 
in  the  districts  east  of  the  island  of  New  Orleans,"  passed  the  third  of 
Proviso.  March,  one  thousand  eight  hundred  and  nineteen  ;  Provided,  Such  appli- 

cation be  made  before  the  first  day  of  July,  one  thousand  eight  hundred 
and  twenty -three,  (a) 

(a)  See  Nos.  1345,  1385. 

May  24,  1824.     No.  132 1  .—AN  ACT  for  the  relief  of  the  representatives  of  John  Donnelson,  Stephen 
VoL  6,  p.  3 1 3.  Heard,  and  others. 


His  heirs  to  Be  it  enacted,  fa.,  That  the  heirs  and  representatives  of  John  Donnel- 
enter  5,oop  acres  son,  Stephen  Heard,  William  Downs,  Joseph  Martin,  John  Sevier,  and 
bf  dlandffiin  a^y  Tnoma8  Carr,  or  their  heirs  and  representatives,  respectively,  be,  and 
Mississi ppi  o  r  taey  are  nerebv»  authorized  and  empowered,  severally,  to  enter,  under 
Alabama.  the  direction  of  the  Secretary  of  the  Treasury,  five  thousand  acres  of 

land,  at  any  time  within  two  years  from  the  passing  of  this  act,  in  any 
land  office  in  either  of  the  States  of  Mississippi  or  Alabama ;  being  the 
amount  of  a  grant  made  to  them,  by  a  resolution  of  the  legislature  of 
the  State  of  Georgia,  in  the  year  one  thousand  seven  hundred  and  eighty- 
Proviso,  six :  Provided,  That  the  said  claim  shall  be  satisfied  out  of  the  five  mill- 
ions of  acres  of  land,  set  apart  by  the  act  of  Congress,  of  the  third  of 
March,  one  thousand  eight  hundred  and  three,  pursuant  to  the  articles 
of  agreement  and  cession,  between  the  State  of  Georgia  and  the  United 
States,  entered  into  on  the  twenty-fourth  day  of  April,  one  thousand 
Proviso.  eight  hundred  and  two :  Provided,  a  Iso,  That  the  acceptance  of  the  grant 
hereby  made  shall  be  a  discharge  of  all  further  claims  against  the  United 
States  by  the  persons  herein  named,  or  their  heirs  or  legal  representa- 
tives, under  the  said  resolution  of  the  legislature  of  the  State  of 
Georgia,  (a) 

No  entry  to  be     SEC.  2.  And  be  it  further  enacted,  That  said  claims'  shall  not  be  located 

made  for  less  or  entered  on  any  lands,  except  those  which  may  have  been,  previously 

^*ti  n.  *luarter"  to  the  making  of  said  entry,  offered  at  public  sale,  nor  upon  any  lands 

forfeited  or  relinquished  to  the  United  States ;  nor  shall  any  entry  be 

Proviso.  made  for  a  less  quantity  than  a  quarter-section:   Provided,  Nothing 

herein  contained  shall  prevent  the  entry  of  any  fraction. 

(a)  See  Nos.  1325,  1347, 1364. 

Mav  26  1P24  No.  1322.— AN  ACT  supplementary  to  the  several  acts  providing  for  ascertaining 
VoT  A  A  v>  '  and  adjusting  the  titles  and  claims  to  land  in  the  St.  Helena  and  Jackson  Court- 
Vol.4,p.  59.  house  land  districts. 


[/See  LOUISIANA,  No.  745.] 


April  22,  1826.    No.  1323.— AN  ACT  giving  the  right  of  pre-empiion,  in  the  purchase  of  lands,  to 
Vol.  4  p.  154.          certain  settlers  in  the  States  of  Alabama,  Mississippi,  and  Territory  of  Florida. 

• ' «»##### 

Right  of  pro-     SEC.  5.  And  be  it  further  enacted,  That  every  person,  or  his  or  her  legal 

emption,  <fcc.,  to  representative,  comprised  in  the  list  of  actual  settlers,  reported  to  the 

certain  persons.    Commissioner  of  the  General  Land  Office,  by  the  register  and  receiver  for 

the  district  oi  Jackson  Courthouse,  in  the  State  of  Mississippi,  under  the 


MISSISSIPPI. 


563 


authority  of  an  act  of  Congress,  entitled  "An  act  for  adjusting  the  claims 
to  land,  and  establishing  land  offices  in  the  districts  east  of  the  island 
of  New  Orleans,"  approved  the  third  day  of  March,  one  thousand  eight 
hundred  and  nineteen,  not  having  any  written  evidence  of  claim  to  land, 
in  said  district,  and  who,  on  the  third  day  of  March,  one  thousand  eight 
hundred  and  nineteen,  did  actually  inhabit  and  cultivate  a  tract  of  land 
in  said  district,  not  claimed  by  virtue  of  any  written  evidence  of  claim, 
legally  derived  from  either  the  French,  British,  or  Spanish  Govern- 
ments, or  granted  as  a  donation  by  virtue  of  any  act  of  Congress  here- 
tofore passed,  shall  be  entitled  to  a  right  of  preference,  on  becoming 
the  purchaser  from  the  United  States  of  such  tract  of  land,  at  the  same 
price  for  which  other  public  lands  are  sold  at  private  sale  :  Provided, 
That  such  tract  cf  land  shall  not  contain  more  than  one  hundred  and 
sixty  acres,  to  be  located  by  sectional  lines,  and  that  the  same  shall  be 
duly  entered  with  the  register  of  the  proper  office,  within  the  term  of 
two  years,  or  before,  if  the  same  shall  be  offered  at  public  sale:  And 
provided  also,  Where  any  person  is  settled  on,  and  has  improved  any 
school  lauds  in  said  district,  he,  she  or  they,  shall  be  governed  by  the 
provisions  of  the  fourth  section  of  this  act.  (a) 

(a)  See  Nos.  36,  59,  433,  1266,  1267,  1273,  1274,  1275,  1276,  1277,  1279,  1281,  1288,  1292, 
1293,  1298,  1301,  1305,  1315,  1327,  1336,  1361,  1382,  1391,  1408,  1414,  1416,  1417. 


Proviso, 


Proviso. 


No.  1324— AN  ACT  supplementary  to  the  several  acts  for  ascertaining  titles  and     TVTO^  A  IOOR 
claims  to  lands  in  the  St.  Helena  and  Jackson  Courthouse  land  districts.  VolT  4  p  159. 


[See  LOUISIANA,  No.  753.] 


May  15,  1826. 
Vol.  6,  p.  340. 


No.  1325.—  AN  ACT  to  extend  and  continue  in  force  "An  act  for  the  relief  of  the 
representatives  of  John  Donnelson,  Stephen  Herd,  and  others." 

Be  it  enacted,  #c.,  That  an  act,  entitled  "An  act  for  the  relief  of  the     Act  of  May  24, 
representatives  of  John  Donnelson,  Stephen  Herd,  and  others,"  passed  1824»  extended 
the  twenty-fourth  of  May,  one  thousand  eight  hundred  and  twenty-four, 
be,  and  the  same  is  hereby,  extended  and  continued  for  twelve  months, 
from  and  after  the  passing  of  this  act.  (a) 

(a)  See  Nos.  1321,  1347,  1364. 


*  w  e  *  v  e 


No.  1326.— AN  ACT  for  tho  relief  of  the  legal  representatives  of  William  V.      May  20, 1826. 
Keary,  deceased.  Vol.  6,  p.  352. 

Be  it  enacted,  #c.,  That  the  legal  representatives  of  William  V.  Keary,     Land  title  con- 
deceased,  be,  and  they  are  hereby,  confirmed  in  their  title  to  a  tract  of  firmed, 
land  of  four  hundred  arpens,  lying  on  the  east  side  of  the  Little  Bayou 
Sarah,  a  part  being  in  the  State  of  Mississippi,  and  a  part  in  the  State 
of  Louisiana,  and  being  the  same  for  which  the  said  Keary  received  a 
deed  of  conveyance,  on  the   twenty-filth  day  of  January,  eighteen 
hundred  and  seventeen,  from  Richard  Graves,  and  on  which  the  widow 
of  the  said  decedent  now  resides,  and  that  the  Commissioner  of  the  Gen- 
eral Land  Office,  upon  being  furnished  with  a  plat  and  certificate  of  the 
survey  of  the  land,  executed  by  any  authorized  surveyor  of  the  United 
States,  issue  a  patent  for  the  same :   Provided,  however,  That  this  act    Proviso, 
shall  be  construed  as  a  mere  relinquishinent  on  the  part  of  the  Govern- 
ment, and  as  not  affecting  the  rights  of  any  third  person. 


No.  1327.— AN  ACT  declaring  valid  and  legalizing  certain  sales  of  land  in  the 
State  of  Mississippi. 


May  20,  1826. 
Vol.  4,  p.  189. 


Be  it  enacted,  &c.,  That  the  sales  of  lands  lying  in  Monroe  County,  in     Lands  1 

_      r-*.*-  _  .  !»•**••  •  •  t     •       i          i  i  IT  Lj.1-1 -3_  /V»  _    .          _  J?   ~\Jf  f\n -w*f\£^       C 


though  made  at  the  proper  laud  offices  ;  and  that  patents  be  issued  for  1822, 
them,  in  the  same  manner  as  for  other  lands  sold  at  the  land  offices  at  &c- 
Huntsville  and  Tuscaloosa.  (a) 

(a)  See  Nos.  36,  59,  433,  1266.  1267.  1273,  1274,  1275,  1276,  1277,  1279,  1281,  1288,  1292, 
1293,  1298,  1301,  1305,  1315,  1323,  1336,  1361,  1382,  1391,  1408,  1414,  1416,  1417. 


legalized, 


564  MISSISSIPPI. 

Feb.  22, 1827.      I¥o.  1328.— AX  ACT  to  authorize  the  President  of  the  United  States  to  remove  the 
Vol.  4,  p.  205.  land  office  in  the  Choctaw  district,  in  the  State  of  Mississippi. 

The  President      Be  *'*  ^nacte(ft  $c-,  That  it  shall  and  may  be  lawful  for  the  President  of 
to   remove  the  the  United  States,  whenever  he  shall  deem  it  proper,  to  remove  the 
land  office  in  the  land  office,  now  located  at  Jackson,  in  the  Choctaw  land  district,  in 
Choctaw  district,  tne  state  of  Mississippi,  and  to  locate  and  establish  the  same  at  any 
the  same  at  a^y  °ther  convenient  and  suitable  place  within  the  same  laud  district, 
other  convenient  And  it  shall  be  the  duty  of  the  register  and  receiver  of  said  land  office, 
place  within  the  so  soon  as  the  removal  shall  be  ordered,  and  such  new  location  made 
L9-  by  the  President,  to  remove  all  the  records,  books,  and  papers  apper- 
taining to  said  land  office,  to  the  place  designated,  (a) 
(a)  See  Xos.  731,  1266,  1272,  1275,  1279,  1298,  1305,  1310,  1315,  1349,  1355,  1363,  1373. 

March  2,  1827.  N«.  1329.— AX  ACT  lor  the  relief  of  Polly  Bell,  alias  Polly  Collins. 

Vol.  6,  p.  361.         Be  u  angled,  ^.c>>  That  Polly  Bell>  otherwise  called  Polly  Collins,  or, 

May  enter  a  in  case  of  her  decease,  her  legal  representative,  be,  and  hereby  is,  au- 

section  of  land  in  thorized  to  enter  with  the  register  of  the  land  office  for  the  Choctaw 

Mississippi.         district,  in  the  State  of  Mississippi,  one  section  of  land,  in  said  district, 

of  any  lands  within  the  same,  which  have  not  been  offered  at  public 

Proviso.  sale  :  Provided,  That  the  said  Polly  Bell,  otherwise  Polly  Collins,  shall 

release  to  the  governor  of  the  State  of  Mississippi,  for  the  use  and  ben- 
efit of  a  seminary  of  learning,  all  her  right,  title,  and  interest,  in  section 
numbered  thirty-two,  of  township  nine,  and  range  four  west,  in  said 
Choctaw  district,  which  section  has  been  heretofore  entered  by  the 

Proviso.  governor  of  said  State  for  the  use  aforesaid  :  And  provided,  also,  That  the 

said  Polly  Bell,  otherwise  Polly  Collins,  actually  resided  upon  the  said 
section  of  land  upon  the  day  the  same  was  entered  by  the  governor  of 
said  State  with  the  register  of  the  land  office. 

March  3, 1827.  Ufa.  1330.- AN  ACT  for  the  relief  of  Thomas  Gulledge. 

VoL6,p.366.         Se  it  enact€a  j.Cmt  That  Thomas  Gulledge,  of  Pike  County,  in  the  State 
May  enter  a  of  Mississippi,  be,  and  he  hereby  is,  authorized  to  enter  with  the  reg- 
tract  of  land  m  ister  of  the  Land  Office  at  Washington,  in  said  State,  one  half-quarter 
Mississippi.          of  a  8ection  of  land,  in  the  land  district  west  of  Pearl  River,  upon  any 
land  in  said  district  which  may  have  been  offered  at  public  sale  before 
such  entry  shall  be  made,  and  which  shall  not  have  been  sold :  Pro- 
Proviso  videdt  That  the  said  Thomas  Gulledge  shall,  previous  to  such  entry,  sur- 
render his  patent  for  the  west  half  of  the  northwest  quarter-section 
twenty,  in  township  four,  of  range  ten  east,  in  the  State  of  Mississippi, 
containing  eighty  acres,  and  convey  to  the  United  States  all  his  right, 
title,  and  interest  in  the  said  half-quarter  of  a  section  above  described 
in  the  said  patent,  according  to  the  laws  of  the  State  of  Mississippi,  and 
to  the  satisfaction  of  the  said  register. 

May  9, 1828.  No.  1331.— AX  ACT  for  the  relief  of  Elvington  Roberts,  of  Mississippi. 

VoL  6,  p.  377.         Be  u  0^^  ^  That  Elvington  Roberts,  of  Adams  County,  in  the 
Ma v  relinquish  State  of  Mississippi  be,  and  he  is  hereby,  authorized  to  relinquish  to 
a  certain  tract  of  the  United  States  the  east  half  of  the  southeast  quarter,  section  twenty- 
land,  and  enter  four,  in  township  two,  of  range  four,  east,  in  the  State  of  Mississippi ; 
another  in  lieu  an(j  to  enter,  instead  thereof,  the  east  half  of  the  southwest  quarter  of 
section  number  twenty-four,  in  township  number  two,  of  range  num- 
ber four,  east  of  the  basis  meridian ,  in  the  district  of  lands  sold  at 
Washington,  Mississippi,  if  the  same  shall  remain  unsold  when  he  makes 
application  ;  or  if  it  shall  have  been  sold,  then  he  is  permitted  to  enter 
any  other  half  quarter-section  in  the  same  land  district,  that  shall  be 
liable  to  entry  at  private  sale,  instead  of  the  lands  relinquished  by  the 
provisions  of  this  bill. 


May  19, 1828.      No.  1332.— RESOLUTIOX  authorizing  an  examination  of  the  claims  to  the  land 
Vol.  6,  p.  394.  of  John  F.  Carmichael. 

Claim  to  two     Be  u  resolved,  $c.,  That  John  F.  Carmichael,  of  Wilkinson  County, 
tracts  of  land  State  of  Mississippi,  be  authorized  to  present  to  the  register  and  receiver 
under  the  Span-  of  the  land  office  at  Washington,  Mississippi,  the  papers  and  documents 
ish  Government,  having  relation  to  the  title  to  two  tracts  of  laud  which  he  claims  by 
'   virtue  of  what  he  alleges  to  be  complete  grants  from  the  Spanish  Gov- 
ernment, in  favor  of  Claudio  Bougard,  one  dated  the  thirtieth  of  No- 


MISSISSIPPI.  565 

vember,  one  thousand  seven  hundred  and  eighty-nine,  for  one  thousand 
arpens,  the  other  dated  the  sixth  of  March,  one  thousand  seven  hundred 
and  ninety-four,  for  one  thousand  and  thirty-four  arpens,  lying  and  be- 
ing in  the  States  of  Louisiana  and  Mississippi,  divided  by  the  line  of 
demarcation  which  then  existed  between  the  two  governments,  and  the 
said  register  and  receiver  are  hereby  authorized  to  examine  and  report, 
upon  the  same  ;  under  all  the  rules,  regulations,  and  responsibilities, 
which  were  made  applicable  to  the  board  of  commissioners  appointed 
west  of  Pearl  River,  (a) 

(a)  See  No.  1338. 

No.  1 333.— AN  ACT  supplementary  to  the  several  acts  providing  for  the  adjust-     May  24.  1828. 

ment  of  land  claims  in  the  State  of  Mississippi.  Vol.  4,  p.  299. 


Be  it  enacted,  #c.,  That  the  claimants  of  lands  within  that  part  of     Claimants     of 
the  limits  of  the  land  district  of  Jackson  Courthouse,  in  the  State  of  lands  within .that 
Mississippi,  lying  below  the  thirty-first*degree  of  north  latitude,  whose  ^f T^  jandd?8 
claims  have  been  presented  to  the  commisbioners  appointed  to  receive  trict  of  Jackson 
and  examine  claims  and  titles  to  lands  in  said  district  of  Jackson  Court-  Courthouse     ly- 
house,  or  to  the  register  and  receiver  of  the  land  office  at  Jackson  Court-  }n£    below    the 
house,  acting  as  commissioners  under  the  provisions  of  the  act  of  third  £  or  th  latitude 
of  March,  one  thousand  eight  hundred  and  nineteen,  entitled  "An  act  whose    claims 
for  adjusting  the  claims  to  lands,  and  establishing  land  offices   in  the  have    been   pre- 
district  east  of  the  island  of  New  Orleans,"  and  which  have  not  been  8ented.  b.v   tne 
reported  to  Congress,  or  whose  claims  have  not  been  heretofore  pre-  u^^er8^"6©? 
sented  to  said  commissioners,  or  to  the  register  and  receiver  acting  as  March    3,    1819, 
commissioners,  or  whose  claims  have  been  acted  upon,  but  additional  whose  claims 
evidence  adduced,  be  allowed  until  the  first  day  of  January,  one  thou-  ha7e    not    t>een 
sand  eight  hundred  and  twenty-nine,  to  present  their  titles  and  claims,  JJwed  until' Jan! 
and  the  evidence  in  support  of  the  same,  to  the  register  and  receiver  of  i,  18^9,  to  present 
the  land  office  at  Jackson   Courthouse,  in  the  State  of   Mississippi,  their  titles,  &c. 
whose  powers  and  duties  in  relation  to  the  same,  shall,  in  all  respects, 
be  governed  by  the  provisions  of  the  acts  before  recited,  and  of  the  act 
of  the  eighth  of  May,  eighteen  hundred  and  twenty-two,  entitled  "An 
act  supplementary  to  the  several  acts  for  adjusting  the  claims  to  land, 
and  establishing  land  offices  in  the  district  east  of  the  island  of  New 
Orleans." 

SEC.  2.  And  be  it  further  enacted,  That  the  said  register  and  receiver    Register   and 
shall  have  power  to  receive  and  examine  such  titles  and  claims,  and  for  receiver  to  hold 
that  purpose  shall  hold  their  sessions  at  Jackson  Courthouse,  and  the  *hei£  sessions  at 
town  of  Shieldsborough.    They  shall  give  immediate  notice  after  the  houir^nd^he 
passage  of  this  act  of  the  time  and  place  of  their  meeting,  but  may  ad-  town  of*  Shields- 
journ  from  time  to  time  as  may  b.  st  suit  the  convenience  of  claimants,  borough,  &c. 
upon  giving  due  notice  thereof.    And  the  said  register  and  receiver  shall     Register    and 
have  power  to  appoint  a  clerk,  who  shall  be  a  person  capable  of  trans-  po^tTderk. ai 
lating  the  French  and  Spanish  languages,  and  who  shall  perform  the 
duty  of  translator  and  such  other  duty  as  may  be  required  by  the  said 
register  and  receiver ;  and  the  said  register  and  receiver  shall  each  be 
allowed,  as  a  compensation  for  their  services  in  relation  to  said  claims,     Their  compen- 
and,  for  the  (services  to  be  performed  under  the  provisions  of  the  several  sation  each, 
acts  to  which  this  is  a  supplement,  the  sum  of  eight  hundred  dollars 
each,  and  the  clerk  the  sum  of  eight  hundred  dollars :  which  several 
sums  of  money  shall  be  paid  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated  :  Provided,  That  the  payment  of  the.whole  of  the  afore-     Payment  of 
said  compensation  shall  be  withheld  by  the  Secretary  of  the  Treasury,  compensation  tc 
until  a  report,  approved  by  him,  shalfhave  been  made  to  him  by  said  {jf  &" 
register  and  receiver,  of    the  performance  of  the  services  herein  re- 
quired, (a) 

(a)  SeeNos.  718,  723,  731,  737,  745,  753, 1067, 1265, 1266, 12C8, 1270, 1271, 1275, 1276, 1284, 
1286, 1287, 1292, 1294, 1296,1299, 1300, 1310,1318, 1322, 1324, 1334, 1336,  1386, 1388, 1399. 


No.  1334.— AN  ACT  confirming  the  reports  of  the  register  and  receiver  of  the  land  March  2,  1829. 
office  for  the  district  of  St.  Stephens,  in  the  State  of  Alabama,  and  for  other  pur-  VoL  4,  p.  358. 
poses. 

[Certain  claims  to  lands  in  the  territory  east  of  Pearl  River  and  west 
of  the  Perdido  to  be  filed  with  the  register  and  receiver  at  Saint  Steph- 
ens, Alabama.  See  ALABAMA,  No.  1484.] 


566  MISSISSIPPI. 

May  28, 1830.  No.  1335.— AX  ACT  for  the  relief  of  Ann  Brashears,  of  Mississippi. 

Vol.  6,  p.  436.         Be  it  enact€fi}  fC}  That  upon  the  return  of  a  plat  and  certificate  of 

Land  patent  to  survey,  legally  made,  to  the  General  Land  Office,  a  patent  shall  be  is- 
issue.  sued  to  Ann  Brashears  for  four  hundred  and  eighty  arpents  of  laud,  in 

the  county  of  Claiborne,  and  State  of  Mississippi,  on  the  north  side  of 
the  North  Fork  of  Bayou  Pierre,  being  the  residue  of  a  tract  of  eight 
hundred  arpents  surveyed  for  her,  under  the  Spanish  Government,  by 
one  William  Thomas,  then  deputy  surveyor  for  William  Vausdan,  sur- 
veyor, after  deducting  therefrom  the  quantity  of  three  hundred  and 
twenty  arpents  which  has  been  confirmed  to  one  Eichard  Sparks  ;  which 
survey  of  eight  hundred  arpents  included  the  place  called  the  White 

Proviso.  Lick  Ground,  and  a  camp  near  the  centre  thereof,  in  which  one  Ben- 

jamin Foy  once  resided :  Provided,  hoicerer,  That  such  patent  shall  con- 
vey such  title  only  as  the  United  States  now  may  have  to  it,  and  shall 
not  include  any  land  to  which  any  other  person  has  a  legal  title,  and 
shall  not  be  issued  until  satisfactory  evidence  be  laid  before  the  Com- 
missioner of  the  General  Land  Office,  that  it  does  not  include  any  land 
to  which  any  other  person  sets  up  a  legal  title. 

May  28, 1830.      No.  1336.— AN  ACT  to  confirm  certain  claims  to  lands  in  the  district  of  Jackson 
VoL  4.  p.  408.  Courthouse,  in  the  State  of  Mississippi. 

Certain  claims  Be  it  enacted,  <$°c.,  That  all  the  claims  to  lauds  reported  by  the  regis- 
confinned.  ter  and  receiver  of  the  land  office  for  the  district  of  Jackson  Court- 

house, in  the  State  of  Mississippi,  under  the  provisions  of  the  act  of 
Congress,  approved  on  the  twenty-fourth  day  of  May,  one  thousand 
eight  hundred  and  twenty  eight,  entitled  uAn  act  supplementary  to  the 
several  acts  providing  for  the  adjustment  of  land  claims  in  the  State 
.  of  Mississippi,"  as  founded  on  any  order  of  survey,  requette,  permis- 
sion to  settle,  or  other  written  evidence  of  claim  derived  from  the  Span- 
ish authorities,  which  ought,  in  the  opinion  of  the  said  register  and 
receiver,  to  be  confirmed,  and  which,  by  the  said  reports,  appear  to  be 
derived  from  the  Spanish  Government  prior  to  the  twentieth  of  De- 
cember, one  thousand  eight  hundred  and  three,  and  the  land  claimed 
to  have  been  cultivated  and  inhabited  on  or  before  that  day,  shall  be 

Proviso.  confirmed  in  the  same  manner  as  if  the  title  had  been  completed  :  Pro- 

vided, That,  in  all  such  claims,  where  the  plat  and  certificate  of  survey, 
made  prior  to  the  fifteenth  day  of  April,  one  thousand  eight  hundred 
and  thirteen,  under  the  authority  of  the  Spanish  Government,  in  pur- 
suance of  such  claim,  has  not  been  filed  with  the  said  register  and  re- 
ceiver, such  claim  shall  not  be  confirmed  to  any  one  person  for  more 
than  twelve  hundred  and  eighty  acres ;  and  that  for  all  the  other  claims 
comprised  in  the  reports  as  aforesaid,  and  which  ought,  in  the  opinion 
of  the  register  and  receiver,  to  be  confirmed,  the  claimant  to  such  laud 
shall  be  entitled  to  a  grant  therefor,  as  a  donation  not  to  exceed  twelve 

Proviso.  hundred  and  eighty  acres  to  any  one  person  :  And  provided  also,  That 

the  claim  of  the  representatives  of  Louis  Boisdore,  numbered  four,  in 
report  numbered  three,  shall  not  be  confirmed  to  more  than  twelve 
hundred  and  eighty  acres ;  and  all  the  confirmations  of  the  said  incom- 
plete titles  and  grants  of  donations,  hereby  provided  to  be  made,  shall 
amount  only  to  a  relinquishment  for  ever,  on  the  part  of  the  United 
States,  of  any  claim  whatever  to  the  tract  of  land  so  confirmed  or 
granted  without  prejudice  to  the  interests  of  third  persons. 

Lands  inhabit-     SEC.  2.  And  be  it  further  enacted,  That  every  person,  or  his  or  her  legal 

ed  before  April,  representatives,  whose  claim  is  embraced  by  the  said  register  and  re- 

15, 1813.  ceiver  in  their  reports  numbers  five,  six,  and  seven,  of  actual  settlers, 

or  their  legal  representatives,  not  having  any  written  evidence  of  claim, 

shall,  where  it  appears  by  the  said  reports  that  the  land  claimed  or 

settled  on  had  been  actually  inhabited  and  cultivated  by  such  person 

or  persons,  in  whose  right  the  same  is  claimed,  on  or  before  the  fifteenth 

day  of  April,  one  thousand  eight  hundred  and  thirteen,  be  entitled  to 

Proviso.  a  grant  for  the  land  so  claimed  or  settled  on,  as  a  donation  :  Provided, 

That  not  more  than  one  tract  shall  be  granted  to  any  one  person,  and  the 
same  shall  not  exceed  six  hundred  and  forty  acres,  to  include  his  or  her 
improvements,  and  to  be  bounded  by  sectional  or  divisional  lines;  and 
that  no  lands  thall  be  thus  granted  which  are  claimed  or  recognised  by 
the  preceding  section,  (a) 

Pre-emption      SEC.  3.  And  be  it  further  enacted,  That  every  person,  or  his  or  her  legal 

granted  to  cer-  representatives,  comprised  in   the  aforesaid   reports  of  actual   settlers, 

tain  persons.         not  having  any  written  evidence  of  claim,    who,  OD   the  third  day  of 

March,  one  thousand  eight  hundred  and  nineteen,  did,  as  appears  by 


MISSISSIPPI. 


567 


Proviso. 


those  reports,  actually  inhabit  and  cultivate  a  tract  of  land  in  the  said 
district,  not  claimed  under  any  written  evidence  of  title  legally  de- 
rived from  the  French,  British,  or  Spanish,  Governments,  or  granted  as 
a  donation,  shall  be  entitled  to  become  the  purchaser  of  the  quarter- 
section,  or  two  eighths  of  any  section,  on  which  the  improvements  may 
be,  and  including  the  same,  at  the  same  price  for  which  other  public 
lands  are  sold  at  private  sale:  Provided,  That  the  same  shall  be  en- 
tered with  the  register  of  the  land  office,  within  the  term  of  two  years, 
or  before,  if  the  same  shall  be  offered  at  public  sale :  And  provided  also,  Proviso. 
That,  where  any  such  person  is  settled  on,  and  has  improved  any  school 
lands  in  said  district,  such  person  shall  be  governed  by  the  provisions 
of  the  fourth  section  of  the  act  approved  on  the  twenty-second  day  of 
April,  one  thousand  eight  hundred  and  twenty-six,  entitled  "An  act 
giving  the  right  of  pre-emption,  in  the  purchase  of  lands,  to  certain 
settlers  in  the  States  of  Alabama,  Mississippi,  and  Territory  of  Flor- 
ida." (&) 

SEC.  4.  And  be  it  further  enacted,  That  the  register  and  receiver  of  the 
said  district  shall  possess  the  same  powers,  and  perform  the  same  duties, 
in  relation  to  the  claims  confirmed  by  this  act,  as  are  given  to,  and  re- 
quired of  them  by  the  act  of  Congress  of  the£ighth  of  May,  one  thou- 
sand eight  hundred  and  t wenty-  two,  entitled  u An  act  supplementary 
to  the  several  acts  for  adjusting  the  claims  and  titles  to  lands,  and  estab- 
lishing land  offices,  in  the  district  east  of  the  island  of  New  Orleans. 

(a)  See  Nos.  718,  723,  731,  737,  745, 753, 10R7, 1265, 1266, 1268, 1270, 1271, 1275, 1276, 1284, 
1286,  1287,  1292,  1294,  1296,  1299,  1300,  1310, 1318, 1322, 1324, 1333, 1334, 1386, 1388, 
1399, 

(&)  See  Nos.  36,  59,  433, 1266, 1267, 1273, 1274, 1275, 1276, 1277,  1279, 1281, 1288, 1292, 1293, 
1298, 1301, 1305, 1315, 1323, 1327, 1361, 13d2, 1391, 1408, 1414, 1416, 1417. 


Powers,  &c.,  of 
igister  and  re- 
iver. 


Proviso. 


No.  1337 .-AN  ACT  for  the  relief  of  the  heirs  of  Colonel  John  Ellis,  deceased.        May  29, 1830. 

Be  it  enacted,  #c.,  That  the  heirs  of  Colonel  John  Ellis,  formerly  of  >p 

the  State  of  Mississippi,  now  deceased,  be  permitted  to  enter,  without  Authorized  to 
the  payment  of  any  consideration  therefor,'  one  section  of  the  public  fnt®r  a  section  of 
land,  according  to  the  public  surveys  hitherto  made,  in  the  State  of 
Mississippi;  and  that  a  patent  therefor  be  issued  to  them  by  the  proper 
authority :  Provided,  however,  That,  previous  to  the  issuing  of  said 
patent,  they  shall  file  with  the  Commissioner  of  the  General  Land 
Office  a  deed,  relinquishing  to  the  United  States  all  claim  to  a  tract  of 
land  of  like  quantity,  for  which  a  certificate,  number  thirty-one,  regis- 
ter's number  one  thousand  and  one,  was  issued  to  their  ancestor  John 
Ellis,  on  the  eighteenth  day  of  September,  one  thousand  eight  hundred 
and  fifteen,  by  Nicholas  Gray,  register,  and  Parker  Walton,  receiver, 
west  of  Pearl  River,  acting  as  commissioners  under  the  act  of  Congress 
of  the  thirtieth  of  June,  one  thousand  eight  hundred  and  twelve,  entitled 
"An  act  confirming  claims  to  lands  in  the  Mississippi  Territory,  founded 
on  warrants  of  survey  granted  by  the  British  or  Spanish  Governments." 

SEC.  2.  And  be  it  further  enacted,  That  no  patent  shall  be  issued  on 
any  survey  founded  on  said  certificate  j  and  that  any  patent  so  issued, 
shall  be  absolutely  void. 


No.  1338.- AN  ACT  for  the  relief  of  John  F.  Carmichael,  of  the  State  of  Missis-     May  31,  1830. 

sippi.  Yol.  6,  p.  449. 

Be  it  enacted,  #c.,  That  John  F.  Carmichael,  of  the  State  of  Mississippi  Land  olaii 
be,  and  he  is  hereby,  confirmed  in  his  claims  to  two  tracts  of  laud,  by  confirmed, 
virtue  of  two  Spanish  grants  in  favor  of  Claudio  Bourgard,  one  dated 
the  thirtieth  of  November,  one  thousand  seven  hundred  and  eighty- 
nine,  for  one  thousand  arpens,  the  other  dated  sixth  March,  one  thou- 
sand seven  hundred  and  ninety- four,  for  one  thousand  and  thirty-four 
arpens,  lying  and  being  partly  in  each  of  the  States  of  Louisiana  and 
Mississippi,  on  Week's  Creek,  which  rises  in  Wilkinson  County,  Missis- 
sippi, and  runs  into  the  parish  of  Feliciana,  Louisiana,  through  the  line 
of  demarkation  dividing  said  States,  near  the  Lake  of  the  Cross,  adjoin- 
ing the  lands  of  Christian  Bingaman  on  the  south ;  the  same  having 
been  reported  for  confirmation  by  the  commissioners  of  the  land  office 
at  St.  Helena,  Louisiana,  in  their  report  of  January,  one  thousand  eight 
hundred  and  twenty- four. 


568  MISSISSIPPI. 

Patents  to  is-     SEC.  2.  And  be  it  further  enacted,  'That  the  Commissioner  of  the  Gen- 
8ue-  eral  Land  Office,  upon  being  presented  with  plats  and  certificates  of 

survey  of  the  said  tracts  of  laud,  legally  executed  by  a  proper  officer, 
shall  issue  patents  for  the  same ;  which  patents  shall  operate  only  as  a 
relinquishment,  on  the  part  of  the  United  States,  of  all  right  and  title 
to  said  lands. 

Eight  to  enter     SEC.  3.  And  be  it  further  enacted,  That,  if  it  shall  appear  to  the  satisfac- 
other  land.  tion  of  the  Commissioner  of  the  General  Land  Office  that  the  claims,  or 

any  part  thereof,  herein  mentioned,  shall  have  been  sold,  patented,  or 
confirmed,  to  any  other  person,  previous  to  the  passage  of  this  act,  then, 
and  in  that  case,  the  said  John  F.  Carniichael  shall  be  allowed  to  enter 
the  same  number  of  acres  of  the  claims  thus  sold,  patented  or  con- 
firmed, to  any  other  person,  on  any  of  the  unappropriated  lands  in  the 
State  of  Mississippi,  in  the  land  district  of  St.  Helena,  in  the  State  of 
Louisiana,  that  may  be  subject  to  private  entry,  conforming,  in  such 
entry,  to  the  divisions  and  subdivisions  established  by  law.  (a) 

(a)  See  No.  1332. 

Jan.  13,  1831.     So.  1339.— AX  ACT  for  the  benefit  of  schools  in  Lawrence  County,  Mississippi. 
Be  it  enacted ,  <fc.,  That  one  section  of  the  public  lands  subject  to  pri- 


Section  of  land  vate  entry  and  sale  in  the  State  of  Mississippi,  be  located  for  the  use 
to  be  located.       an(j  benefit  of  schools  in  Lawrence  County ,  ID  said  State,  in  lieu  of  the 

sixteenth  section  sold  and  patented  to  Will  Whitehead. 

Authority     to     SEC.  2.  And  be  it  further  enacted,  That  any  person  appointed  by  order 
locate.  of  the  probate  court,  in  and  for  the  county  of  Lawrence,  be,  and  he  is 

hereby,  authorized  to  locate  the  quantity  of  land  named  in  this  act,  for 
the  purposes  above  named,  (a) 

(a)  See  Nos.  1266, 1271, 1275, 1277, 1295, 1298,  1305,  1315, 1365, 1366, 1375, 1387, 1402, 1406, 
1416. 


Jan.  19,  1831.      No.  1340.— AX  ACT  to  amend  an  act,  entitled  "An  act  to  provide  for  paying  to 
Vol.  4,  p.  432.          the  States  of  Missouri,  Mississippi,  and  Alabama,  three  per  centum  of  the  net  pro- 
ceeds arising  from  the  sale  of  the  public  lands  within  the  same. 

[/See  MISSOURI,  No.  1015.] 

Feb.  19,  1831.  No.  1341.— AN  ACT  for  the  relief  of  William  Burris,  of  Mississippi. 

! — '- '-      Be  it  enacted,  $-c.,  That  William  Burris  be  allowed  to  relinquish  to 

May  relinquish  the  United  States  the  east  half  of  the  southwest  quarter  of  section 
fand^and^cate  twenty-one,  township  three,  range  six,  east,  containing  eighty  acres  en- 
another.  tered  by  mistake,  and  to  locate  in  lieu  thereof,  another  half  quarter- 

section  of  land  on  any  of  the  public  lands  of  the  United  States,  in  the 
State  of  Mississippi,  which  has  been  offered  at  public  sale,  and  is  now 
subject  to  entry  at  private  sale,  (a) 

(a,)  See  Xo.  1357. 


March  2,  1831.  No.  1342.— AN  ACT  for  the  relief  of  the  legal  representatives  of  Peter  Celestino 
Vol.  6,  p.  463.  Walker  and  John  Peter  Walker,  deceased,  and  of  Joseph  Walker,  of  the  State  of 
Mississippi. 


tivesPr&c?ntau-  Be  it  enacted,  j-c.,  That  the  legal  representatives  of  Peter  Celestino 
thorized  to'enter  Walker,  deceased,  be,  and  they  are  hereby,  authorized  to  enter  and  lo- 
certain  lands.  cate  on  any  of  the  public  lands  of  the  United  States,  in  the  State  of 
Mississippi,  which  have.been  offered  for  sale  at  public  sale,  and  are  now 
subject  to  entry  at  private  sale,  the  quantity  of  five  hundred  acres  of 
land,  by  legal  subdivisions,  in  lieu  of  the  quantity  of  five  hundred  acres  of 
land  granted  to  the  said  Peter  Celestino  Walker,  by  the  Spanish  Gov- 
ernment by  warrant,  and  order  of  survey,  which  has  been  sold  by  the 
United  States.  And  that  the  legal  representatives  of  John  Peter  Wal- 
ker, deceased,  be,  and  tbey  are  hereby,  authorized  to  enter  and  locate  on 
any  of  the  public  lands  of  the  United  States  in  the  State  of  Mississippi 
which  have  been  offered  for  sale,  and  are  now  subject  to  entry  at  pri- 
vate sale,  five  hundred  acres  of  land,  in  legal  subdivisions,  in  lieu  of  the 
quantity  of  five  hundred  acres,  granted  to  the  said  John  Peter  Walker, 
by  the  Spanish  Government  by  warrant  and  order  of  survey,  which  has 
been  sold  by  the  United  States. 


MISSISSIPPI.  569 


SEC.  2.   And  be  it  further  enacted,    That  Joseph  Walker  be    and  he^?h  Walker 
hereby  is,  authorized  to  enter  and  locate  on  any  of  the  public  lands  of  cate  a  tract  of 
the  United  States,  in  the  State  of  Mississippi,  which  have  been  offered  land. 
at  public  sale,  and  are  now  subject  to  entry  at  private  sale,  five  hundred 
acres  of  land,  by  legal  subdivisions,  in  lieu  of  five  hundred  acres  granted 
to  the  said  Joseph  Walker  by  the  Spanish  Government,  by  warrant  and 
order  of  survey,  which  has  been  sold  by  the  United  States. 


No.  1343.— AN  ACT  to  create  the  office  of  surveyor  of  the  public  lands  for  the     March  3,  1831. 
State  of  Louisiana.  Vol.  4,  p.  492. 


[Maps,  records,  &c.,  relating  to  lands  in  State  of  Mississippi  to  be  de- 
livered to  surveyor  of  lands  south  of  State  of  Tennessee.  See  LOUISIANA, 
No.  777.] 


No.  1344.— AN  ACT  for  the  relief  of  Samuel  Coburn,  of  the  State  of  Mississippi.       March  3, 1831. 

Be  it  enacted,  #c.,  That  the  surveyor-general  of  the  public  lands  south     YoL  6>  p-  469' 
of  the  State  of  Tennessee,  be,  and  he  is  hereby,  authorized  and  required     Survey  of  land 
to  cause  to  be  surveyed  by  the  proper  officer  a  certain  tract  of  land,  claim, 
claimed  by  Samuel  Coburn,  lying  on  the  waters  of  Chubby's  Fork  of 
the  Bayou  Pierre,  Claiborne  'County,  Mississippi,  originally  claimed  by 
William  Thomas,  by  virtue  of  a  Spanish  warrant  or  order  of  survey, 
granted  to  said  Thomas  on  the  twenty-first  of  March,  one  thousand 
seven  hundred  and  ninety-five  j  and  that  a  correct  return  and  plat  of 
the  same  be  made  to  his  office,  statiog  how  much  of  said  claim  has  been 
sold  or  confirmed  by  the  United  States,  to  Abraham  Barnes  or  any  other 
person. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  Samuel  Coburn  is  au-     Location  of 
thorized  to  locate,  on  auy  of  the  public  lands  within  the  State  of  Mis-  land, 
sissippi,  so  many  acres  of  the  claim  above  referred  to  as  may  be  ascer- 
tained by  said  "survey  and  plat  to  be  sold  or  confirmed  to  Abraham 
Barnes  or  any  other  person  ;  and  that  the  remainder  of  the  original 
Spanish  grant  to  Thomas  be,  and  the  same  is  hereby,  confirmed  to  Sam- 
uel Coburn :  Provided,  That  such  confirmation  shall  only  operate  as  a     proviso. 
relinquishment  of  all  right  and  title  on  the  part  of  the  United  States 
to  said  land. 


No.  1345.— AN  ACT  for  the  relief  of  Woodson  Wren,  of  Mississippi.  March  3,  1831. 

Be  it  enacted,  #c.,  That  Woodson  Wren,  of  the  State  of  Mississippi,  be,     VoL6'p-469' 
and  he  is  hereby,  confirmed  to  a  tract  of  land  containing  eight  hundred     Claim  to  land 
arpens,  situated  on  the  east  side  of  the  bay  of  Biloxi,  in  the  county  of  confirmed. 
Jackson,  and  State  of  Mississippi,  between  Bellfontaine  and  the  old 
French  fort,  claimed  by  virtue  of  a  purchase  from  Littleberry  Robert- 
son, and  reported  for  confirmation  by  the  register  and  receiver  of  the 
land  office  at  Jackson  Courthouse,  Mississippi,  dated  July  the  twelfth, 
one  thousand  eight  hundred  and  twenty-three. 

SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen-     Patent  to  be  is- 
eral  Land  Office,  upon  being  presented  with  plats  and  certificates  of  sued, 
survey  of  the  said  tract  of  land,  legally  executed  by  a  proper  officer, 
shall  issue  a  patent  for  the  same ;  which  patent  shall  operate  only  as  a 
relinquishiuent,  on  the  part  of  the  United  States,  of  all  right  and  title 
to  said  land. 

SEC.  3.  And  be  it  further  enacted,  That,  if  it  shall  appear  to  the  satis-     In  case  said 
faction  of  the  Commissioner  of  the  General  Land  Office  that  the  claim  tract  shall  have 
herein  above  alluded  to,  or  any  part  thereof,  shall  have  been  sold,  pat-  f^d  to .'enter 
ented,  or  confirmed,  to  any  person,  previous  to  the  passage  of  this  act,  another  tract, 
then  and  in  that  case,  the  said  Woodson  Wren  shall  be  allowed  to  enter 
the  same  number  of  acres  of  the  claim  thus  sold,  patented,  or  confirmed, 
to  any  other  person,  or  any  of  the  unappropriated  lands  in  the  State  of 
Mississippi  that  may  be  subject  to  private  entry,  conforming,  in  such 
entry,  to  the  divisions  and  subdivisions  established  by  law.  (a) 

(a)  See  Nos.  1320, 1385. 


570  MISSISSIPPI. 

April  20,  1832.    IVo.  1346 — AX  ACT  for  the  relief  of  Jefferson  College  in  the  State  of  Mississippi. 
Vol.  6,  p.  484.         Be  it  enactt.at  g,Cmj  That  the  trustees  of  Jefferson  College  in  the  State 
Trustees  au- of  Mississippi  be,  and  they  are  hereby,  authorized  to  relinquish  by  a 
thorized  to  relin-  resolution  of  the  board,  all  the  right,  title  and  interest  of  said  college 
quitai  FilanV  tO  in  and  to  certain  lands  to  be  particularly  described  in  said  resolution  by 
the  sectional  numbers  being  in  township  number  ten,  of  ranges  number 
one  and  two  west,  in  the  district  of  lands  offered  for  sale  at  St.  Stephen's, 
heretofore  reserved  for  the  use  of  said  college  ;  and  an  attested  copy  of 
said  resolution  signed  by  the  president  and  secretary  of  the  board  under 
the  corporate  seal  of  the  institution,  shall  be  placed  on  file  in  the  Gen- 
eral Land  Office,  and  operate  as  a  full  release  of  all  claim  to  said  lands 
on  the  part  of  said  college. 

Authorized  to     SEC.  2.  And  be  it  further  enacted,  That  the  board  of  trustees  of  said 
locate  certain  college,  under  the  superintendence  of  the  Secretary  of  the  Treasury 
other  lands,  &c.   8hall  be,  and  is  hereby,  authorized  to  locate  or  enter,  or  cause  to  be 
located  or  entered,  in  tracts  not  less  in  quantity  than  two  sections  in 
one  body,  such  a  number  of  sections,  or  legal  subdivisions  of  sections  of 
the  unappropriated  land  of  the  United  States,  within  the  State  of  Mis- 
sissippi, as  may  be  equal  in  number  to  those  which  may  be  relinquished 
by  said  board  in  virtue  of  the  first  section  of  this  act,  to  be  selected, 
entered  or  located,  either  before  or  after  the  same  may  have  been  offered 
at  public  sale,  conforming  in  such  entries  or  locations,  to  the  legal  sub- 
divisions established  by  the  surveys  made  or  to  be  made  under  the 
Register  to  is-  authority  of  the  United  States;  and  such  entries  or  locations  shall  be 
sue    certificate,  made  with  the  register  of  the  laud  office  for  the  district  in  which  the 
&c>  land  so  entered  or  located  may  lie,  and  it  shall  be  the  duty  of  such  reg- 

ister to  designate  such  land  on  the  maps  and  other  books  in  his  office  in 
the. same  manner  as  lauds  sold  by  him,  and  to  issue  in  each  case  a  certifi- 
cate of  such  entry  or  location  in  the  form  to  be  prescribed  by  the  Com- 
missioner of  the  General  Land  Office,  which  certificate  shall  vest  a  full 
and  complete  title  to  the  land  described  therein  in  Jefferson  College, 
and  thereupon  a  patent  shall  issue. 

Authority  to     SEC.  3.  And  be  it  further  enacted,  That  the  board  of  trustees  of  Jeffer- 

sell  or  lease.         son  College  be  and  they  are  hereby  authorized  and  permitted  to  sell  or 

lease  for  any  term  of  years,  the  lands  which  may  be  entered  or  located 

by  virtue  of  this  act,  for  the  benefit  of  said  college,  and  the  deed  or 

deeds  of  the  said  trustees,  shall  vest  a  valid  title  in  fee- simple  in  all 

lands  sold  by  them  in  virtue  of  the  authority  herein  conferred :  Provided, ' 

Proviso.  That  the  proceeds  of  such  sales  shall  constitute  a  permanent  fund  for 

the  use  of  said  college. 

Authority  to  SEC.  4.  And  be  it  further  enacted,  That  to  enable  the  trustees  to  secure 
transfer  right  of  to  the  said  college,  all  the  benefits  arising  from  this  act  with  as  little 
locati  y>  delay  and  expense  as  practicable,  they  may  and  they  are  hereby  author- 

ized, if  in  their  opinion  the  interests  of  said  institution  would  be  pro- 
moted thereby,  to  transfer  the  right  of  location  or  entry  conferred  by 
this  act,  either  in  whole  or  in  part ;  and  the  person  or  persons  legally 
holding  the  deed  or  deeds  of  transfer,  passed  under  the  corporate  seal 
of  said  college,  shall  be  allowed  to  make  the  selection,  entry,  or  loca- 
tion, in  the  manner  provided  and  in  the  quantity  so  transferred,  and 
shall  be  entitled  to  receive  a  certificate  or  certificates  from  the  register 
of  the  proper  land  district,  and  which  shall  be  issued  to  the  legal  holder 
of  such  deed  of  assignment  as  the  assignee  of  Jefferson  College,  and  the 
title  under  such  certificate  shall  be  accounted  and  held  as  valid  and 
complete  as  if  a  patent  had  issued  therefor,  and  all  certificates,  which 
may  be  issued  by  virtue  of  this  act,  shall  be  recorded  in  the  office  from 
which  they  emanate,  and  for  each  certificate  so  issued  and  recorded,  the 
register  shall  be  entitled  to  two  dollars,  to  be  paid  by  the  party  in  whose 
favor  such  certificate  may  be  issued,  (a) 
(a)  See  Kos.  1266, 1268, 1282. 

May  19, 1832.     No.  1347.— AN  ACT  to  revive  and  continue  in  force  "An  act  for  the  relief  of  the 
Vol.  6,  p.  486.  representatives  of  John  Donelson,  Stephen  Heard,  and  others." 

ActofMav24      ^e  *'*  €nact€d,  #c.,  That  an  act,  entitled  "An  act  for  the  relief  of  the 
1824,  revived  and  representatives  of  John  Donelson,  Stephen  Heard,  and  others,"  passed 
continued     for  the  twenty-fourth  of  May,  one  thousand  eight  hundred  and  twenty-four, 
twelve  months.    b6j  an(i  ^ne  8ame  is  hereby,  revived  and  continued  in  force  for  the  term 
of  twelve  months,  from  and  after  the  passage  of  this  act,  (a) 
(a)  See  Nos.  1321, 1325, 1364. 


MISSISSIPPI.  571 

No.  1348.—  AN  ACT  for  the  relief  of  Allen  W.  Hardie.  May  19,  1832. 

Be  it  enacted,  #c.,  That  Allen  W.  Hardie,  of  the  city  of  New  York.  ^01-^>P^87. 

be,  and  he  is  hereby,  permitted,  at  any  time  before  the  first  day  of  July,  Permitted     to 


, 

in  the  year  one  thousand  eight  hundred  and  thirty-two,  to  complete  the  complete  p  a 
payment  for  the  southeast  quarter  of  section  three,  in  township  three,  JJjJJt  tor^certaui 
of  range  five,  east,  in  the  district  of  land  west  of  Pearl  River,  contain-  ceive'patents. 
ing  one  hundred  and  forty-six  and  sixty-two  hundredths  acres;  and, 
also,  fcr  the  southwest  quarter  of  section  three,  in  township  three,  of 
range  five,  east,  in  the  same  district,  containing  one  hundred  and  forty- 
six  and  sixty-two  hundredths  acres;  which  two  quarter-sections  of  land 
were  purchased  in  one  thousand  eight  hundred  and  eighteen,  at  the  price 
of  two  dollars  per  acre,  each,  and  one-fourth  of  the  price  then  paid,  by 
Abram  Lundy,  under  whom  the  said  Hardie  claims  by  several  assign- 
ments, but  the  remaining  three-fourths  of  the  price  are  still  unpaid; 
and  that,  upon  said  Hardie  completing  the  payment  for  said  two  quarter- 
sections  of  land  at  the  General  Land  Office  in  Washington,  at  any  time 
before  said  first  day  of  July,  one  thousand  eight  hundred  and  thirty- 
two,  according  to  the  terms  offered  by  the  first  section  of  an  act,  ap- 
proved thirty-first  March,  one  thousand  eight  hundred  and  thirty,  en- 
titled "An  act  for  the  relief  of  the  purchasers  of  public  lands,  and  for 
the  suppression  of  fraudulent  practices  at  the  public  sales  of  the  lands 
of  the  United  States,"  patents  for  the  two  quarter-  sections  above  de- 
scribed shall  issue  to  him  in  the  usual  form  :  Provided,  however,  That  Proviso. 
nothing  herein  contained  shall  be  construed  to  affect  the  right  of  any 
other  person  or  persons  claiming  under  the  original  purchase  of  Abram 
Lundy. 

No.  1349.—  AN  ACT  to  authorize  the  removal  of  the  land  office  from  Mount  Salus,     May  22,  1832. 

in  the  State  of  Mississippi,  and  to  remove  the  land  office  from  Franklin  to  Fayette,     Vol.  4,  p.  517. 

in  the  State  of  Missouri.  -  -  —  ~  -  ~~ 

Be  it  enacted,  #c.,  That  the  land  office  at  Mount  Salus,  in  the  Choctaw  be  removed068 
district,  in  the  State  of  Mississippi,  shall  be  removed  to,  and  located 
at,  such  place  in  the  said  'laud  district  as  the  President  of  the  United 
States  may  direct,  if  in  his  opinion  any  removal  be  necessary;  and  that 
the  land  office  at  Franklin,  in  the  county  of  Howard,  State  of  Missouri, 
shall  be  removed  to,  and  located  in,  the  town  of  Fayette  in  said  county; 
and  it  shall  be  the  duty  of  the  registers,  and  the  receivers  of  public 
money  for  said  land  offices,  within  sixty  days  from  and  after  the  pas- 
sage of  this  act,  to  remove  the  books,  records,  and  whatever  else  belongs 
to  said  offices,  to  their  respective  places  of  location  as  herein  provided 
for.  (a) 

(a)  See  Nos.  731,  1266,  1272,  1275,  1279,  1298,  1305,  1310,  1315,  1328,  1355,  1363,  1373. 


No.  1350.    AN  ACT  for  the  relief  of  Nathaniel  A.  Ware.  July  13,  ig32. 

Be  it  enacted,  #o.,  That  Nathaniel  A.  Ware  be,  and  hereby  is,  author-    Vol'  6,  P.  508. 
ized  to  locate,  on  any  of  the  unappropriated  lands  of  the  United  States,     Authorized  to 
in  the  State  of  Mississippi,  subject  to  sale  at  private  entry,  two  thou-  locate  2,000  acres 
sand  acres  of  land,  in  lieu  of  the  like  quantity,  or  of  two  thousand  three  of  land  in  Missis- 
hundred  and  sixty-four  arpens,  granted  to  Alexander  Moore,  by  virtue  WPP1- 
of  a  Spanish  patent  dated  the  twenty-second  day  of  June,  in  the  year 
of  our  Lord  one  thousand  seven  hundred  and  ninety-one,  and  confirmed 
to  James  Moore,  under  whom  the  said  Nathaniel  A.  Ware  claims,  by  the 
board  of  commissioners  west  of  Poarl  River,  on  the  fifth  day  of  Sep- 
tember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  five, 
and  sold  by  the  United  States :  Provided,  That  the  location  herein  au-     proviso, 
thorized  shall  conform  to  the  divisions  and  subdivisions  established  by 
law :  And  provided,  also,  That  the  said  Nathaniel  A.  Ware  shall  execute    provi80. 
a  deed,  in  such  form  as  the  Secretary  of  the  Treasury  of  the  United 
States  shall  approve,  relinquishing  and  surrendering  to  the  United 
States  the  land  granted  as  aforesaid,  to  the  said  Alexander  Moore. 

No.  1351.— AN  ACT  for  the  relief  of  the  legal  representatives  of  Peter,  Catharine,     July  13, 1832. 
and  Uharles  Surget.  Vol.  6,  p.  509. 

Be  it  enacted,  #c.,  That  the  legal  representatives  of  Peter,  Catharine,  Authorized  to 
and  Charles  Surget,  that  is  to  say,  Francis  Surget,  Jacob  Surget,  Char-  locate  640  acres 
lotte  C.  Bingaman,  James  Surget,  Catharine  Pilmore,  and  William  Sur-  of  land  in  Mis- 
get,  the  living  heirs  of  Peter  and  Catharine  Surget,  and  Charles  Surget, 
deceased,  in  conjunction  with  the  devisees  of  Susannah  Stocker,  who  was 
also  one  of  the  heirs,  but  died,  devising  her  real  estate  to  Charlotte  C. 


572  MISSISSIPPI. 

Bingaman,  Catharine  Pilmore,  James  Surgei,  and  Adam  L.  Bingaman, 
who,  as  such,  are  entitled  to  one  undivided  seventh  part  of  said  two 
grants  of  land  to  Peter  and  Charles  Surget,  be,  and  they  are  hereby, 
authorized  to  locate,  on  any  of  the  unappropriated  lands  of  the  United 
States,  in  the  State  of  Mississippi,  subject  to  sale  at  private  entry,  six 
hundred  and  forty  acres  of  land,  in  lieu  of  the  like  quantity  granted, 
to  Peter  Snrget  by  virtue  of  a  Spanish  warrant  or  order  of  survey 
dated  November  thirteenth,  one  thousand  seven  hundred  and  ninety- 
four,  and  confirmed  to  Catharine  Surget  (wife  of  said  Peter)  on  the 
twenty-sixth  of  November,  one  thousand  eight  hundred  and  twelve,  and 
sold  by  the  United  States. 

Representa-      SEC.  2.  And  be  it  further  enacted.   That  the  legal  representatives  of 
tives  of  Charles  Charles  Surget  be,  and  they  are  hereby,  authorized  to  locate  on  any  of 
izeKlSe500tlieunaPProPriated  lands  of  the  United  States,  in  the  State  of  Missis- 
arpens,  &c.          sippi,  subject  to  sale   at  private  entry,  five  hundred  arpens,  in  lieu  of 
the  like  quantity  granted  to  Charles  Surget  by  virtue  of  a  warrant  or 
order  of  survey,  dated  December  thirteenth,  one  thousand  seven  hun- 
dred and  ninety-four,  and  confirmed  by  the  board  of  commissioners  west 
of  Pearl  River,  on  the  twenty- sixth  day  of  November,  one  thousand 
eight  hundred  and  twelve,  and  sold  by  the  United  States :    Provided, 
Proviso.  That  the  locations  herein  authorized,  shall,  in  each  case,  conform  to 

the  divisions  and  subdivisions  established  by  law. 

July  14, 1832.      No.  1352.— AN  ACT  granting  to  Middleton  McKay,  a  section  of  land  in  lieu  of  the 
Vol.  6.  p.  521.  reservation  given  him  by  the  treaty  of  Dancing  Rabbit  Creek. 

Grant  of  land  Be  it  enacted,  $c.  That  there  be  granted  to  Middleton  McKay,  of  the 
to  him.  State  of  Mississippi,  six  hundred  and  forty  acres  of  land,  including  his 

Proviso.  improvements:  Provided,  The  said  Middleton  McKay  shall  release  to 

the  United  States,  in  such  form  as  the  Commissioner  of  the  General 
Land  Office  may  direct,  all  right  or  interest  he  may  have  in  a  reserva- 
tion secured  to  him  by  the  treaty  made  with  the  Chocta  ws  at  Dancing 

Proviso.  Rabbit  Creek;  Provided,  That  the  said  Middletou  McKay  shall  hold 

the  said  six  hundred  and  forty  acres  hereby  granted,  (to  be  surveyed  in 
such  form  as  the  original  reservation  in  said  treaty  was  required  to  be 
surveyed)  subject  to  the  conditions  and  restrictions  imposed  by  the  said 
treaty  upon  the  original  reservation. 


July  14,  1832.        No.  1353.- AN  ACT  for  the  relief  of  Hartwell  Vick  of  the  State  of  Mississippi. 
Vof.  6,  p.  523. 


Jesse  Bell  au-  SEC.  2.  And  be  it  further  enacted,  That  Jesse  Bell  of  Wilkinson  County, 
locate  Mississippi,  be,  and  he  is  hereby  authorized  to  locate  in  tracts  of  not 
less  than  eighty  acres,  not  exceeding  one  section  of  any  of  the  unap- 
propriated lands  of  the  United  States  within  the  State  of  Mississippi, 
subject  to  entry  at  private  sale  at  the  time  of  such  location,  in  lieu  of 
fractional  section  number  fifteen,  in  township  two  of  range  four  west, 
purchased  on  the  seventh  day  of  December,  in  the  year  eighteen  hun- 
dred and  eighteen,  by  his  father  William  Bell,  deceased,  through  a  mis- 
take in  the  original  plat  of  survey :  for  which  land,  when  so  located,  a 
patent  shall  issue  to  the  said  Jesse  Bell,  in  the  manner  prescribed  by 
law  for  the  issuing  of  patents  in  other  cases,  on  transmitting  to  the  Gen- 
eral Land  Office  a  certificate  of  the  register  of  the  proper  office  of  his 

Proviso.  having  made  such  location :  Provided,  The  said  Jesse  Bell  shall  file  in 

the  land  office  of  the  district  where  such  land  may  lie,  a  reliuquishmeut 
of  all  of  his  right,  title,  and  interest,  in  and  to  the  fractional  section  en- 
tered by  mistake  as  aforesaid,  in  such  form  as  shall  be  directed  by  the 
Secretary  of  the  Treasury. 

Jan.  28,  1833.      No.  1354.— AX  ACT  for  the  relief  of  Matthews  Flournoy,  and  R.  J.  Ward  of  the 
Vol.  6,  p.  529.  State  of  Mississippi. 


Exchange     of     Be  it  enacted,  cfc.,  That  section  number  eleven,  in  township  number 

reservation  for  fourteen,  and  range  eight,  west,  in  the  State  of  Mississippi,  be,  and  the 

schools.  same  is  hereby,  reserved  from  sale,  and  appropriated  for  the  use  of 

schools  in  the  said  township,  in  lieu  of  section  number  sixteen,  in  that 

township;  and  thesec'>iou  number  eleven  shall  be  taken  and  held  in  all 

respects,  and  for  the  same  purposes,  as  section  number  sixteen  would 

have  been  held  and  taken,  if  this  act  had  not  been  passed:  Provided, 


MISSISSIPPI.  573 

That  the  Secretary  of  the  Treasury  shall  first  be  satisfied,  that  the  ma-     Proviso, 
jority  of  the  inhabitants  of  said  township,  desire  said  exchange. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  sixteenth  section  shall 
be  liable  to  be  sold  in  the  same  manner  as  section  number  eleven  would 
have  been,  if  this  act  had  not  been  passed. 


No.  1355.—  AN  ACT  to  create  sundry  new  land  offices,  and  to  alter  the  boundaries    March  2,  1833. 
of  other  land  offices  of  the  United  States.  Vol.  4,  p.  653. 

Be  it  enacted,  #c.,  That  so  much  of  the  lands  ceded  to  the  United 
States  by  the  treaties  made  and  concluded  with  the  Choctaw  tribe  of  to    form    north8 
Indians,    near  Doak's  Stand,  on  the  eighteenth  day  of  October,  one  western  land  dis- 
thousand  eight  hundred  and  twenty,  and  at  Dancing  Rabbit  Creek,  on  trict. 
the  twenty  -seventh  day  of  September,  one  thousand  eight  hundred  and 
thirty,  as  is  situated  north  of  the  line  dividing  townships  nineteen  and     Bounds. 
twenty,  and  west  of  the  line  dividing  ranges  seven  and  eight,  east,  be, 
and  the  same  is  hereby,  established  into  a  land  district,  to  be  designated 
as  the  northwestern  district.  4 

SEC.  2.  And  be  it  further  enacted,  To  so  much  of  the  land  ceded  by  the     Choctaw     dis- 
Choctaw  tribe  of  Indians  to  the  United  States,  by  said  treaty  of  the*"0*.  bY  act  of 
twenty-seventh  day  cf  September,  one  thousand  eight  hundred  and  JJJJJp        '  ex" 
thirty,  as  is  situated  west  of  the  basis  meridian,  and  south  of  the  di- 
viding line  between  townships  nineteen  and  twenty,  north.be,  and  the 
same  is  attached  to  the  Choctaw  district,  established  by  an  act  of  the 
seventh  of  May,  eighteen  hundred  and  twenty-two. 

SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  lands  ceded  to     Northeastern 
the  United  States,  by  said  treaty  of  the  twenty-seventh  of  September,  district. 
eighteen  hundred  and  thirty,  as  is  situated  north  of  the  dividing  line 
between  townships  seven  and  eight,  east  of  the  basis  meridian,  and    Boun(j8 
south  of  the  northwestern  district,  and  the  southern  boundary  of  the 
lands  of  the  Chickasaw  tribe  of  Indians,  shall  constitute  a  land  district 
to  be  designated  as  the  northeastern  district  ;  and  the  lands  of  the    Lands  in  Mon- 
United  States  in  the  counties  of  Monroe  and  Lowndes,  now  subject  to  roe.   &°-i  to  be 
sale  in  the  Choctaw  district,  shall,  from  and  after  the  first  day  of  May  sut)Jeci 
next,  be  subject  to  sale  at  the  land  office  in  the  said  northeastern  dis- 
trict ;  and  it  shall  be  the  duty  of  the  register  at  Mount  Salus,  under  in- 
structions from  the  Commissioner  of  the  General  Land  Office,  to  trans-     Transfer  of 
fer  all  such  books,  maps,  records,  field-notes,  and  plats,  or  transcripts  books,  &c. 
thereof  relating  to  the  surveys  of  the  public  lands  in  Monroe  and 
Lowndes  Counties,  to  the  register  of  the  northeastern  district,  as  may 
be  necessary  to  enable  him  to  comply  with  the  provisions  of  this  act. 

SEC.  4.  And  be  it  further  enacted,  That  so  much  of  the  land  ceded  to  the    Augusta   di  s- 
United  States  by  the  said  treaty  of  the  twenty-seventh  of  September,  ffict;,     addition 
eighteen  hundred  and  thirty,  as  is  situated  south  of  the  dividing  line  tn' 
between  townships  seven  and  eight,  be  attached  to,  and  constitute  a 
part  of,  the  Augusta  land  district. 

SEC.  5.  And  be  it  further  enacted,  That,  for  the  disposal  of  the  public     Land  offices  of 
lands  in  the  northeastern  and  northwestern  districts,  a  land  office  shall 


be  established  in  each,  at  such  convenient  place  as  the  President  of  the  districts. 
United  States  may  designate  ;  and,  for  each  of  said  offices,  a  register 
and  receiver  shall  be  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  who  shall  severally  give  bond  and  se- 
curity, according  to  law,  before  entering  on  the  duties  of  their  respective 
offices.  They  shall  receive  the  same  compensation,  fees,  and  emolu- 
ments, and  shall  perform  similar  duties,  and  possess  the  same  powers, 
with  all  other  registers  and  receivers  of  public  moneys  of  the  United 
States,  and  shall,  in  all  respects,  be  governed  by  the  laws  of  the  United 
States  providing  for  the  sale  of  public  lands,  (a) 

*  *  #  *  *  *  * 

(a)  See  Nos.  731,  1266,  1272,  1275,  1279,  1298,  1305,  1310,  1315,  1328,  1349,  1363,  1373. 

No.  1356.—  AN  ACT  authorizing  the  removal  of  the  office  of  surveyor-general  of     March  2,  1833. 
public  lands  south  of  Tennessee.  Vol.  4,  p.  662. 

Be  it  enacted,  #c.,  That  after  the  first  day  of  April  next,  the  office^  of  Surveyor  -  gen- 
the  surveyor-general  of  public  lands  south  of  Tennessee,  shall  be  kept  eral  8  offic  e  re- 
at,  Jackson,  the  seat  of  government  of  the  State  of  Mississippi,  (a)  80n 

#  *  *  *  #  *  # 

(a)  See  Nos.  37,  777,  1266,  1269,  1272,  1298,  1305,  1343. 


574  MISSISSIPPI. 

June  30,  1834.     No.  1357.— AX  ACT  to  amend  an  act  entitled  "An  act  for  the  relief  of  William 
Vol.  6,  p.  579.        Barns,  of  Mississippi,"  approved  February  nineteen,  one  thousand  eight  hundred 
and  thirty -one. 


Authorized  to     Be  it  enacted,  fyc.,  That  William  Burris  be  authorized  to  relinquish  to 
relinquish  a  title  the  United  States  his  title  to  the  east  half  of  the  northwest  quarter  of 
to  a  tract  of  land,  gection  twenty-one,  township  three,  range  six  east,  instead  of  the  east 
half  of  the  southwest  quarter  of  section  twenty-one,  township  three, 
range  six  east,  as  authorized  by  the  act  to  which  this  is  an  amend- 
ment, (a) 
(a)  See  No.  1341. 

June  30,  1834.     Jfo.  1358.— AX  ACT  for  the  relief  of  Hishe  Homa,  otherwise  called  Captain  Red 
YoL  6,  p.  596.  Pepper,  an  Indian  of  the  Choctaw  tribe. 


Entitled  to  640  BC  M  enacted,  <f  c.,  That  Hishe  Homa,  otherwise  called  Captain  Red 
acres  of  land.  Pepper,  an  Indian  of  the  Choctaw  tribe  of  Indians,  be  entitled,  under 
and  subject  to  the  provisions  and  restrictions  of  the  fourteenth  article 
of  the  treaty  made  between  the  United  States  of  America  and  the  Choc- 
taw  Indians,  at  Dancing  Rabbit  Creek,  on  the  fifteenth  of  September, 
eighteen  hundred  and  thirty,  to  a  reservation  of  a  section  of  land  con- 
taining six  hundred  and  forty  acres,  to  include  his  improvements  at  the 
time  of  making  the  treaty ;  and  a  half-section  to  be  located  adjoining 
thereto  for  his  son,  aged  over  ten  years. 

The  same  to  be     SEC.  2.  And  be  it  further  enacted,  That  the  register  and  receiver  of 

reserved   from  the  land  office  of  the  northeastern  district  be  required  to  lay  down  on 

the  maps  the  claim  of  the  said  Hishe  Homa,  and  reserve  the  same  from 


Feb.  13, 1835.  No.  1359.— AN  ACT  for  the  relief  of  Silas  D.  Fisher. 

Vol.  6,  p.  607.  Fisher>  alia8  gilas  Fisher,  De>  and 


Authorized  to  is  hereby,  authorized  to  locate  the  reservation  of  one  section  of  land 
locate  a  section  granted  to  him  by  the  second  article  of  the  supplement  to  the  treaty  of 
Dancing  Rabbit  'Creek,  made  and  entered  into  on  the  twenty-seventh 
day  of  September,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty,  between  the  United  States  of  America  and  the  Mingoes, 
chiefs,  captains,  and  warriors  of  the  Choctaw  tribe  of  Indians,  on  any 
of  the  unimproved  and  unoccupied  lands  within  the  limits  of  that  tract 
of  country  ceded  by  the  said  Indians  to  the  United  States  by  the  treaty 
aforesaid,  on  such  terms  and  conditions,  and  under  such  rules  and  reg- 
ulations, as  may  be  prescribed  by  the  proper  department  of  the  Govern- 
ment in  similar  cases  arising  under  said  treaty,  (a) 
(a)  See  No.  1362. 

March  3,  1835.  No.  1360.— AN  ACT  for  the  relief  of  Eichard  T.  Archer. 

Vol.  6,  p.  614.  .      That  Richard  T<  Archer,  of  the  State  of  Mississippi, 


Authorized  to  be,  and  he  is  hereby,  authorized  to  become  the  purchaser  of  the  south 
purchase  a  tract  half  of  section  thirty-three  of  township  twenty,  of  range  two  east,  of 
lands  in  the  northwestern  district  of  lands  in  the  late  Choctaw  pur- 
chase, in  the  State  of  Mississippi,  at  the  price  of  one  dollar  and  twenty- 
five  cents  per  acre,  the  said  half-section  of  land  having  been  illegally 
reserved  from  the  location  of  the  said  Archer,  under  an  assignment  of 
a  grant  from  the  trustees  of  Jefferson  College,  in  the  said  State,  at  the 
public  sale  of  lands  at  Chocehuma,  in  the  month  of  October,  in  the  year 
eighteen  hundred  and  thirty-three. 


May  9    1836.      No.  136J.— RESOLUTION  to  suspend  the  sale  of  a  part  of  the  public  lands  ac- 
VoL  5,  p.  131.  quired  by  the  treaty  of  Dancing  Rabbit  Creek. 

Reservat  ions     Be  it  resolved,  $c.,  That  so  much  of  the  public  lands,  acquired  by  the 

of   lands  to   be  treaty  concluded  with  the  Choctaw  nation  of    Indians,  at  Dancing 

withheld    fromRabbit  Creek,  on  the  twenty- eighth  day  of  September,  eighteen  hun- 

Decemberi  1836  dred  and  thirty>  as  ha8  been  conditionally,  or  otherwise  located  by  the 

'  locating  agent  of  the  United  States  to  persons  claiming  reservations 

under  the  fourteenth  article  of  said  treaty,  be  withheld  from  public 

Proviso.  sale  until  the  first  day  of  December  next :  Provided,  That  nothing  herein 

contained,  shall  be  taken  or  construed  as  indicating  any  intention  on 

the  part  of  Congress  to  confirm  said  claims,  (a) 

(a)  See  Nos.  36,  59,  433,  1266,  1267,  1273,  1274,  1275.  1276,  1277,  1279,  1281,  1288,  1292, 
1293,  1298,  1301,  1305,  1315,  1323,  1327,  1336,  1382,  1391,  1408,  1414,  1416,  1417. 


MISSISSIPPI. 


575 


No.  1362.— AN  ACT  for  the  relief  of  Silas  Fisher,  a  Choctaw  Indian.  May  28,  1836. 

Vol.  6,  p.  633. 

Be  it  enacted,  $c.,  That  the  location  of  the  reservation  secured  to  Silas 

Fisher,  by  the  second  article  of  supplement  to  the  treaty  of  Dancing  Location  of 
Rabbit  Creek,  concluded  with  the  Choctaw  Indians,  on  the  twenty- r 
eighth  day  of  September,  eighteen  hundred  and  thirty,  and  recognized 
by  the  act  of  Congress,  of  the  thirteenth  of  February,  eighteen  hundred 
and  thirty-five,  which  has  been  located  on  the  north  half  of  section  fif- 
teen, and  the  south  half  of  section  ten,  township  twenty-four,  range  eight 
west  of  the  northwestern  district  of  the  State  of  Mississippi,  be,  and 
the  same  is  hereby  confirmed,  and  a  patent  may  issue,  as  in  other  cases, 
agreeably  to  said  treaty,  (a) 

(a)  See  No.  1359. 

No.  1363.— AN  ACT  to  remove  the  land  office  from  Clinton  to  Jackson,  in  the     June  23, 1836. 
State  of  Mississippi.  Vol.  5,  p.  57. 

Be  it  enacted,  $c.,  That  the  land  office  at  present  established  at  Clin-  Land  office  re- 
ton  in  the  State  of  Mississippi  be  hereafter  kept  at  Jackson,  in  the  same  moved  to  Jack- 
State,  (a) 

(a)  See  Nos.  731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1373, 1410. 


No.  1364.— AN  ACT  to  revive  and  extend  the  provisions  of  an  act  passed  on  the  June  23,  1836. 
twenty-fourth  May,  eighteen  hundred  and  twenty-four,  entitled  "An  act  for  the  Vol.  6,  p.  643. 
relief  of  the  representatives  of  John  Donelson,  Stephen  Hefird,  and  others." 

Be  it  enacted,  #c.,  That  an  act  entitled  "An  act  for  the  relief  of  the     Act  of  March 
representatives  of  John  Donelson,  Stephen  Heard,  and  others,"  be,  and  ^  1824'  extei 
the  same  is  hereby,  revived  and  continued  in  force  for  the  term  of  twelve 
mouths  from  and  after  the  passage  of  this  act ;  and  that  the  said  repre- 
sentatives, in  addition  to  the  States  of  Alabama  and  Mississippi,  be,  and 
they  are  hereby,  authorized  to  enter  said  lands  at  any  of  the  land  offices 
in  Louisiana  or  Arkansas,  (a) 

(a)  See  Nos.  1321, 1325, 1347. 


juiy  3,  1836. 
Yol.  6,  p.  673. 


No.  1365.—  AN  ACT  for  the  relief  of  the  trustees  of  common  schools  in  township 
eight,  range  eleven  east,  in  the  State  of  Mississippi. 

Be  it  enacted,  tyc.,  That  the  trustees  of  common  schools  in  township     Authorized  to 
eight,  range  eleven  east,  in  the  State  of  Mississippi,  be  authorized  tolo-  locate  a  tract  of 
cate,  for  the  use  of  schools  in  said  township,  one  section  of  six  hundred  land. 
and  forty  acres  of  land,  by  sectional  lines,  of  any  of  the  public  lands  in 
the  State  of  Mississippi,  subject  to  entry  at  private  sale,  (a) 

(a)  See  Nos.  1266,  1271,  1275,  1277,  1295,  1298,  1305,  1315,  1339,  1366,  1375,  1387,  1402,  1406, 
1416. 


No.  1366.— AN  ACT  to  carry  into  effectj  in  the  States  of  Alabama  and  Mississippi,  July  4,  1836. 
the  existing  compacts  with  those  States  in  regard  to  the  five  per  cent,  fund,  and  the  Vol.  5,  p.  116. 
school  reservations. — ' 


Be  it  enacted,  $c.,  That  a  sum  equivalent  to  five  per  cent,  of  the  iiett     A  sum  equiva- 
proceeds  of  the  lands  within  the  State  of  Mississippi,  ceded  by  the  Chick-  JJJJ.* c™t   £c™ 
asaws  by  the  treaty  of  the  twentieth  of  October,  eighteen  hundred  and  served  from  sales 
thirty-two,  which  have  been  or  may  hereafter  be  sold  by  Congress,  shall  of  Chickasaw 
be,  and  is  hereby,  reserved,  out  of  any  moneys  in  the  Treasury  not  nth-  land?  in  Misi 
erwise  appropriated,  to  be  applied  in  the  same  manner,  and  for  the  same  8  J 
uses  and  purposes,  as  is  designated  by  the  fifth  section  of  the  act  of  Con- 
gress of  the  first  of  March,  eighteen  hundred  and  seventeen,  (a) 

SEC.  2.  And  le  it  further  enacted,    That  there  shall  be  reserved  from 
sale,  in  the  State  of  Mississippi,  a  quantity  of  land,  equal  to  one  thirty-     <gdln    the 
sixth  part  of  the  lands  ceded  by  said  Chickasaws  as  aforesaid,  within  g^ate  of  mssis. 
said  State  of  Mississippi,  which  land  shall  be  selected  under  the  direc-  8ippi  for  the  use 
tion  of  the  Secretary  of  the  Treasury,  in  sections,  or  half-sections,  or  of  schools, 
quarter- sections,  out  of  any  public  lands  remaining  unsold,  that  shall 
have  been  offered  at  public  sale  within  either  of  the  land  districts  in 
said  State  of  Mississippi,  contiguous  to  said  lauds  within  said  State,  so 
ceded  by  the  Chickasaws  as  aforesaid;  which  lands,  when  so  selected 
as  aforesaid,  the  same  shall  vest  in  the  State  of  Mississippi,  for  the  use 
of  schools  within  said  territory  in  said  State,  so  ceded  as  aforesaid  by 


576  MISSISSIPPI. 

the  Chickasaws  ;  and  said  lands,  thus  selected,  shall  be  holden  by  the 
same  tenure,  and  upon  the  same  terms  and  conditions,  in  all  respects, 
as  the  said  State  now  holds  the  lands  heretofore  reserved  for  the  use  of 
schools  in  said  State.  (&) 

*  *  *  *  *  *  * 

(a)  See  Nos.  1015, 1266, 1303, 1314, 1340, 1374. 1382, 1398, 1415. 

(6)  See  Nos.  1266,  1271, 1275,  1277, 1295, 1298, 1305, 1315, 1339, 1365, 1375, 1387, 1402, 1406, 
1416. 


Feb.  3,  1837.  Wo-  1367.— AX  ACT  for  the  relief  of  Andrew  Knox. 

Vol.  6,  p.  685.        Be  it  maGi^  fc    That  Andrew  Knox,  of  Washington  County,  in  the 
May  purchase  State  of  Mississippi,  be,  and  he  is  hereby,  authorized  and  permitted  to 
a  section  of  land  purchase,  upon  the  payment  of  the  minimum  price  to  the  receiver  of  the 
trict  ^  Pr°Per  lan(l  district,  section  sixteen,  in  township  fourteen,  range  nine 

west,  in  the  Choctaw  district,  in  said  Sta'e,  the  purchase  of  which  sec- 
tion heretofore  was  prevented  by  the  illegal  numbering  of  the  sections 
in  said  township. 

A  section  to  be     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Sec- 
reserved  for  pub-  retary  of  the  Treasury  to  cause  to  be  selected  and  reserved  for  the  use 
of  schools  within  the  said  township,  numbered  fourteen,  in  lieu  of  the 
aforesaid  section,  a  section  [of]  land  in  equal  extent  in  said  Choctaw  land 
district. 


March  3,  1837.  3fo.  1368.— AN  ACT  for  the  appointment  of  commissioners  to  adjust  the  claims 
VoL  5,  p.  180.          to  reservations  of  land  under  the  fourteenth  article  of  the  treaty  of  eighteen  hun- 
dred and  thirty  with  the  Choctaw  Indians. 


Three  commis-     Be  it  enacted,  <f  c..  That  there  shall  be  appointed  by  the  President,  by 
sioners  to  be  ap-  and  with  the  advice  and  consent  of  the  Senate,  three  commissioners 
Resident  "with  wnose  duty  it  shall  be  to  meet  in  the  State  of  Mississippi  at  such  time 
the  advice  and  an(l  place,  as  the  President  shall  appoint  and  designate,  and  there  pro- 
consent  of  theceed  to  ascertain  the  name  of  every  Choctaw  Indian  who  was  the  head 
Senate;  their du-  of  an  Indian  family  at  the  date  of  the  treaty  at  Dancing  Rabbit  Creek, 
who  has  not  already  obtained  a  reservation  under  said  treaty,  and  who 
can  show  by  satisfactory  evidence,  that  he  or  she  complied  or  offered  to 
comply  with  all  the  requisites  of  the  fourteenth  article  of  said  treaty, 
to  entitle  him  or  her,  to  a  reservation  under  said  article ;  and  also  the 
number  and  names  of  all  the  unmarried  children  of  such  heads  of  fam- 
ilies, who  formed  a  part  of  the  family  and  were  over  ten  years  of  age, 
and  likewise  the  number  and  names  of  the  children  of  such  heads  of 
families  as  were  under  ten  years  of  age,  and  report  to  the  President,  to 
be,  by  him,  laid  before  Congress,  all  the  names  of  such  Indians,  and 
the  different  sections  of  land  to  which  such  heads  of  families  were 
respectively  entitled,  together  with  the  opinions  of  the  commissioners, 
and  whether  any  part  of  said  lands  have  been  sold  by  the  Government, 
and  the  proofs  applicable  to  each  case. 

Commissioners     SEC.  2.   And  be  it  further  enacted,  That  before  entering  upon  their 
to  take  an  oath,  duties,  each  of  said  commissioners  shall,  before  some  judge  or  justice 
of  the  peace,  take  an  oath  faithfully  to  discharge  the  duties  imposed 
by  this  act. 

Commissioners     SEC.  3.  And  be  it  further  enacted,  That  said  commissioners  are  hereby 

to  appoint  a  sec-  authorized  to  appoint  a  secretary  whose  duty  it  shall  be  to  record  cor- 

u"rectlyall  the  proceedings  of  said  board,  and  faithfully  preserve  the 

same,  as  well  as  all  depositions  and  other  papers  filed  before  said  board, 

and  who  shall  take  an  oath  to  discharge  the  duties  imposed  on  him  by 

this  act. 

District  attor-      SEC.  4.  And  be  it  further  enacted,  That  upon  the  request  of  the  com- 
neyforHississip-  missioners  it  shall  be  the  duty  of  the  district  attorney  of  the  State  of 
pi  to  attend  board  Mississippi,  to  attend  said  board,  and  give  his  assistance  in  procuring 
commissioners.0   ^6  attendance  of  witnesses,  and  his  aid  and  advice  in  their  examina- 
tion, the  better  to  enable  the  commissioners  to  ascertain  the  facts  cor- 
rectly in  each  case. 

Salaries  of     SEC.  5.  And  be  it  further  enacted,  That  each  of  said  commissioners 
commission  era  8nall  receive,  while  in  the  discharge  of  the  duties  hereby  imposed,  a 
y>      salary  at  the  rate  of  three  thousand  dollars  per  annum,  the  secretary  a 
salary  at  the  rate  of  fifteen  hundred  dollars  per  annum,  and  the  district 
attorney  a  salary  at  the  rate  of  two  thousand  dollars  per  annum,  to 
be  paid  quarterly  out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated. 


MISSISSIPPI.  577 

SEC.  6.  And  be  it  further  enacted,  That  said  commissioners  buall  have    Commissioners 
full  power  to  summon  and  cause  to  come  before  them,  such  witnesses  t  Q  sumimm^  *£ 
as  they  may  deem  necessary,  and  to  have  them  examined  on  oath,  and  nesses,  &c. 
if  any  witness  shall  testify  falsely,  with  an  intention  to  mislead  said 
commissioners,  such  witness  shall  be  guilty  of  wilful  and  corrupt 
perjury,  and  shall,  upon  conviction  before  any  jurisdiction  having  cog- 
nizance thereof,  suffer  the  punishment  by  law  inflicted  on  those  guilty 
of  that  offence. 

SEC.  7.  And  be  it  further  enacted,  That  nothing  contained  in  this  act    Nothing  in  this 
shall  be  so  construed  as  to  sanction  what  is  called  contingent  locations  act  to  be  so  con- 
which  have  been  made  by  George  M.  Martin  for  the  benefit  of  such  Sthe  conti£ 
Indians,  as  were  supposed  to  have  been  entitled  to  other  lands,  which  gent  locations 
have  been  sold  by  the  United  States:  such  contingent  locations  having  made  by  G.  M. 
been  made,  without  any  legal  authority.     It  being  the  true  intent  of  Martin, 
this  act  to  reserve  to  Congress  the  power  of  doing  that  which  may  ap- 
pear just  when  a  correct  knowledge  of  all  the  facts  is  obtained. 

SEC.  8.  And  be  it  further  enacted,  That  this  act  shall  be  in  force  to  the     Act  limited  to 
first  day  of  March  eighteen  hundred  and  thirty-eight  next,  and  no  March  i,  1838. 
onger.  (a) 

(a)  See  Nos.  1371, 1372, 1380, 1389, 1392, 1395, 1405, 1407, 1409, 1411. 

No.  1369.— AN  ACT  for  the  relief  of  Green  Pryor  and  the  heirs  of  Peter  Pryor.     March  3,  1837. 
Be  it  enacted,  $c.,  That  the  President  of  the  United  States  cause  to  be    Vo1-  6»  P- 693- 
issued  to  Green  Pryor  and  the  heirs  of  Peter  Pryor,  a  patent  for  frac-     Land  patent  to 
tional  section  number  two,  of  township  fourteen,  range  five  east,  in  the  be  issued. 
Washington  land  district,  in  the  State  of  Mississippi,  it  being  the  same 
entered  by  Isham  Arthur,  on  the  sixteenth  day  of  October,  eighteen 
hundred  and  sixteen,  and  by  him  transferred  to  Green  and  Peter  Pryor. 

No.  1370.— AN  ACT  for  the  relief  of  the  legal  representatives  of  Isaac  Williams,     March  3,  1837. 

deceased.  Vol.  6,  p.  693. 


Be  it  enacted,  $-c.,  That  the  legal  representatives  of  Isaac  Williams,    Authorized  to 
deceased,  of  the  county  of  Wilkinson,  in  the  State  of  Mississippi,  be,  re-enter    certain 
and  they  are  hereby,  authorized  to  re-enter,  at  any  time  within  sixland- 
months  after  the  passage  of  this  act,  so  much  of  fractional  sections 
numbers  thirty-nine  and  forty-one,  in  township  number  one,  of  range 
number  one  west,  in  the  district  of  lands  subject  to  sale  at  Washington, 
in  said  State,  as  remains  unsold,  and  that  the  sums  of  money  hereto- 
fore paid  by  Isaac  Bush  and  Isaac  Williams,  or  either  of  them,  on  said 
fractional  sections,  be  passed  to  the  credit  of  the  said  representatives, 
In  part  payment  for  the  said  fractional  sections. 


No.  1371.— AN  ACT  to  amend  an  act  entitled  "An  act  for  the  appointment  of  com-  Feb.  22, 1838. 
missioners  to  adjust  the  claims  to  reservations  of  land  under  the  fourteenth  article  Vol.  5,  p.  211. 
of  the  treaty  of  eighteen  hundred  and  thirty  with  the  Choctaw  Indians."  


Be  it  enacted,  #c.,  That  the  commissioners  provided  for  in  the  act 
hereby  amended,  or  a  majority  of  them,  shall  have  full  power  and  au-  eir  sessions  to 
thority  to  adjourn  their  sessions  to  such  place  or  places,  within  the  State  such  places  in 
of  Mississippi,  as  in  their  judgment  the  interest  of  the  Government  and  Mississippi  as 
of  the  claimants  may  require  such  sessions  to  be  held.  Jj®  Government 

SEC.  2.  And  be  it  further  enacted,  That  iu  case  of  the  death,  resigna  and  claimants 
tion,  or  absence  of  any  one  of  the  said  commissioners,  the  remaining  may  require, 
two  commissioners  shall  have  full  power  and  authority  to  proceed  and     Inhc^e  °f  tjl| 
execute  the  powers  given  by  this  act  or  the  act  hereby  amended.  0|a  th'e  ^JJuJJJ 

SEC.  3.  And  be  it  further  enacted.  That  the  said  commissioners  shall  sioners,  tho  oth- 
have  all  the  powers  of  a  court  of  record,  for  the  purpose  of  compelling  ers  may  act. 
the  attendance  of  witnesses,  administering  oaths,  touching  matters  to^^^JJfi^JJ 
depending  before  them,  preserving  order,  and  punishing  contempts ;  couipe\  pthe  at- 
and  shall  have  power  to  make  all  needful  rules  for  the  regulation  of  tendance  of  wit- 
the  proceedings  before  them,  as  well  as  to  employ  one  or  more  inter-  nesses,  &c ;  ajso, 
preters,  and  one  or  more  agents  to  collect  testimony  for  the  United  *£cma*£  employ 
States.  interpreters,  &c. 

SEC.  4.  And  be  it  further  enacted,  That  for  defraying  the  contingent     Appropriation, 
expenses  of  the  said  commission,  the  sum  of  five  thousand  dollars  be, 
and  the  same  is  hereby ,  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated. 
37  L  o — VOL  II 


578  MISSISSIPPI. 

Act  continued  SEC.  5.  And  be  it  further  enacted,  That  the  said  act  shall  be  and  re- 
Sit  Angnst  l'  main  in  force  until  the  first  day  of  August  next. 

District  attor-  SEC.  6-  ^nd  *>e  if  further  enacted,  by  the  authority  aforesaid,  That  the 
Dey  to  receive  the  compensation  to  be  made  to  the  district  attorney  for  his  services,  shall 
same  compensa-  be  equal  to  the  compensation  allowed  to  a  commissioner  under  the  act 
tij;ne^acommis- hereby  amended- 

Claims  of  In-  ^EC-  ~-  -=*"<*  be  it  further  enacted,  That  nothing  contained  in  this  act, 
dians  who  have  or  the  act  which  this  is  intended  to  amend,  shall  be  so  construed  as  to 
removed  west  of  embrace  the  claim  of  any  Indian  or  head  of  a  Choctaw  family,  who  has 
2S«Ite£?^  removed  west  of  the  Mississippi  River. 

Any  claimant  SEC.  8.  And  be  it  further  enacted,  That  if  it  shall  be  proved  to  the 
attempt  in  s  to  satisfaction  of  said  commissioners,  that  any  claimant  has  attempted, 
substitute  th  e  Or  shall  attempt  to  substitute  the  child  of  any  other  Indian  as  and  for 
Indian  for  °hi  s  his  OWD'  or  has  attempted  or  shall  attempt,  by  his  testimony,  to  substi- 
own,  &c.,  shall  be  tnte  for  tlie  child  of  any  other  claimant,  the  child  of  another  Indian, 
stricken  from  the  the  name  of  such  claimant  so  attempting  to  make  such  substitution, 
tot-  shall  be  stricken  from  the  list  of  claimants,  (a) 

(a)  See  Kos.  1368,  1372,  13*0,  1389,  1392,  1395,  1405,  1407,  1409, 1411. 


June  22, 1838.        Xo.  1 372.— AX  ACT  to  grant  pre-emption  rights  to  settlers  on  the  public  lands. 
VoL5,p.251. 


Land  reserved  And  provided  further,  That  it  shall  be  the  duty  of  the  President  of  the 
to  *£&  withheld  pnited  States  to  cause  to  be  reserved  from  sale  or  entry,  under  the  provis- 
from  sale.  i°D8  of  this  or  any  other  law  of  the  United  States,  any  tract  or  tracts  of 

land  reserved  to  any  Choctaw,  under  the  provisions  of  the  treaty  of  Danc- 
ing Rabbit  Creek,  of  one  thousand  eight  hundred  and  thirty,  and  also  to 
reserve  from  sale  or  entry,  a  sufficient  quantity  of  the  lands  acquired  by 
said  treaty,  upon  which  no  such  settlement  or  improvement  has  been 
made,  as  would  entitle  the  settler  or  improver  to  aright  of  pre-emption 
under  this  act,  to  satisfy  the  claims  of  such  Indians  as  may  have  been 
entitled  to  reservations  under  the  said  treaty,  and  whose  lands  may  have 
been  sold  by  the  United  States,  on  account  of  any  default,  neglect,  or 
omission  of  duty  on  the  part  of  any  officer  of  the  United  States;  such 
reservation  from  sale  to  continue  until  the  claims  to  reservations  under 
said  treaty,  shall  be  investigated  by  the  board  of  commissioners  appointed 
for  that  purpose,  and  their  report  finally  acted  on  by  Congress,  (a) 

(a)  See  Xos.  1368, 1371,  1380, 1389, 1392, 1395, 1405, 1407, 1409, 1411. 


Jnlv  4  1840         Wo.  1373.—  AX  ACT  to  remove  the  land  office  from  Chocchuma  to  Grenada,  in  the 
'p.  393.  State  of  Mississippi. 


The    registers      B€  '*  enacted,  fc.,  That  the  land  office  at  Chocchuma,  in  the  county  of 

and  receivers  to  Tallahatchie,  State  of  Mississippi,  shall  be  removed  to  and  located  in 

remove     the  the  town  of  Grenada,  in  Yalabusha  County,  in  said  State  ;  and  it  shall 

da  &       ^  ^^e  °*atv  °^   t^e-  registers  and  the  receivers  of  public  money  for 

said  land  office,  within  t»:xty  days  from  and  after  the  passage  of  this  act, 

to  remove  the  books,  records,  and  whatever  else  belongs  to  said  office,  to 

the  place  of  location,  as  herein  provided  for.  (a) 

(a)  See  Kos.  731, 1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328, 1349, 1355, 1363, 1410. 


Sept.  4,  1841.      N«.  1374.— AX  ACT  to  appropriate  the  proceeds  of  the  sales  of  public  lands,  and  to 
VoL  5,  p.  453.  grant  pre-emption  rights. 


The    two  per      SEC.  16.  And  be  it  further  enacted,  That  the  two  per  cent,  of  the  nett 

cent,  of  the  net  proceeds  of  the  lands  sold,  or  that  may  hereafter  be  sold,  by  the  United 

J*^8<*^^  States  in  the  State  of  Mississippi,  since  the  first  day  of  December, 

sippi  since    De-  eighteen  hundred  and  seventeen,  and  by  the  act  entitled  "An  act  to 

cember  l,   1817,  enable  the  people  of  the  western  part  of  the  Mississippi  Territory  to 

&c.,  relinquished  form  a  constitution  and  State  government,  and  for  the  admission  of  such 

to  Mississippi      gtate  jnto  the  Union  on  an  equal  footing  with  the  original  States,"  and 

all  acts  supplemental  thereto  reserved  for  the  making  of  a  road  or  roads 

leading  to  said  State,  be,  and  the  same  is  hereby  relinquished  to  the 

State  of  Mississippi,  payable  in  two  equal  instalments;  the  first  to  be 

paid  on  the  first  of  May,  eighteen  hundred  and  forty-two,  and  the  other 


MISSISSIPPI.  579 

on  the  first  of  May,  eighteen  hundred  and  forty-three,  so  far  as  the  same 
may  then  have  accrued,  and  quarterly,  as  the  same  may  accrue,  after 
said  period :  Provided,  That  the  legislature  of  said  State  shall  first  pass  Proviso, 
an  act,  declaring  their  acceptance  of  said  relinquishment  in  full  of  said 
fund,  accrued  and  accruing,  and  also  embracing  a  provision,  to  he  un- 
alterable without  the  consent  of  Congress,  that  the  whole  of  said  two 
per  cent,  fund  shall  be  faithfully  applied  to  the  construction  of  a  rail- 
road, leading  from  Brandon,  in  the  State  of  Mississippi,  to  the  eastern 
boundary  of  said  State,  in  the  direction,  as  near  as  may  be,  of  the  towns 
of  Selraa,  Cahaba,  and  Montgomery,  in  the  State  of  Alabama,  (a) 

#**#*•## 
(a)  See  Nos.  1015, 1266, 1303, 1314, 1340, 1366, 1332, 1398, 1415. 

No.  1375.— AN  ACT  TO  amend  an  act  entitled  "An  act  to  carry  into  effect,  in  the  June  13  1842. 
States  of  Alabama  and  Mississippi,  the  existing  compacts  with  those  States  with  Vol.  5,  p.  490. 
regard  to  the  five  per  cent,  fund  and  the  school  reservations." 

Be  it  enacted,  <$-c.,  That  so  much  of  the  second  section  of  the  act  enti-     The  second 
tied  "An  act  to  carry  into  effect,  in  the  States  of  Alabama  and  Missis-  section  of  the  act 
sippi,the  existing  compacts  with  those  States  in  regard  to  the  five  peramended- 
cent,  fund  and  the  school  reservations,"  as  requires  the  land  therein 
designated  as  reserved  to  the  State  of  Mississippi  for  the  use  of  schools 
to  be  selected,  under  the  direction  of  the  Secretary  of  the  Treasury, 
"  out  of  any  public  lands,  remaining  unsold,  that  shall  have  been  offered 
at  public  sale  within  either  of  the  land  districts  in  said  State  of  Mis- 
sissippi, contiguous  to  said  lands,  within  said  State,"  ceded  by  the 
Chickasaws,  be  so  amended  that  the  said  lands  may  be  selected,  under 
the  direction  of  the  governor  of  said  State  of  Mississippi,  out  of  any 

Eublic  lands  remaining  unsold  within  either  of  the  land  districts  in  said 
tate  of  Mississippi,  contiguous  to  the  lands  in  said  State,  ceded  by  the 
Chickasaw  Indians,  (a) 

(a)  See  Nos.  1266,  1271,  1275,    1277,  1295,  1298,  1305,  1315,  1339,  1365,  1366,  1387,  1402, 
1406,  1416. 


No.  1376.— AN  ACT  for  the  relief  of  George  Mayfield.  July  27,  1842. 

Be  it  enacted,  $-c.,  That  in  lieu  of  the  six  hundred  and  forty  acres  of    YoL  6»  P- 839- 
laud  intended  to  be  granted  to  George  Mayfield  by  an  act  of  Congress     other  land 
approved  thirtieth  January,  eighteen  hundred  and  thirty- three,  there  granted   in  lieu 
be  granted  to  said  Mayfield  six  hundred  and  forty  acres  of  any  lands  of  of  that  intended 
the  United  .States  not  otherwise  appropriated  or  disposed  of,  to  be  JV^J'gJlJS 
selected  and  entered  at  the  proper  land  office,  by  said  Mayfield  or  his  30  1833. 
attorney,  within  one  year  from  the  passage  of  this  act :  Provided,  That     Proviso, 
in  making  such  selection,  the  said  Mayfield  shall  be  confined  to  lands 
the  sale  of  which  at  the  time  thereof  is  authorized  by  law.  (a) 

(a)  See  Nos.  1381, 1390, 1519. 

No.  1377.— AN  ACT  authorizing  a  patent  to  be  issued  to  Bartholomew  Pellerin,  his      Aug.  1, 1842. 
heirs  or  assigns.  Vol.  6,  p.  847. 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office     Land  patent  to 
be,  and  he  is  hereby,  authorized  and  required  to  issue  a  patent  to  Bar-  be  issued, 
tholomew  Pellerin,  or  to  his  heirs  and  assigns,  in  right  of  widow  Masmer 
or  Asmard,  for  his  claim  to  a  tract  of  land  situate  at  the  bay  of  St. 
Louis,  in  the  State  of  Mississippi,  containing  seventeen  thousand  and 
eighty-four  superficial  arpens,  according  to  a  survey  of  the  same  ap- 
proved by  Vincente  Sebastieu  Pintado,  on  the  thirtieth  of  January, 
eighteen  hundred  and  ten,  the  same  having  been  confirmed  by  the  act 
of  the  third  of  March,  eighteen  hundred  and  nineteen  :  Provided,  That     Proviso, 
the  same  shall  only  operate  as  a  relinquishment  of  the  right  of  the 
United  States,  and  shall  not  affect  the  right  of  third  persons. 

No.  1 378. — AN  ACT  to  authorize  Chapman  Levy  to  purchase  as  a  pre-emptor  a  cer-     Aug.  11,  1842. 
tain  quarter-section  of  land  now  occupied  by  him,  at  the  minimum  price  per  acre.         Vol.  6,  p.  852. 

Be  it  enacted,  $c,,  That  Chapman  Levy  be,  and  he  is  hereby,  author-  ^Authorized  to 
ized  at  any  time  within  six  months  from  the  date  of  this  act,  to  pur-  make  the  pur- 
chase as  a  pre-emptor  at  the  proper  land  office,  at  the  price  of  one  dollar  chase  within  six 
and  twenty-five  cents  per  acre,  the  southeast  quarter  of  section  twenty-  m' 
three  of  township  fourteen  range  five  east,  in  the  district  of  lands  Mib- 
ject  to  sale  at  Columbus  in   the  State  of  Mississippi :  Provided,  Said 
lands  shall  not,  before  the  date  of  this  act,  have  been  sold  by  the  United 
States. 


580  MISSISSIPPI. 

Aug.  11, 1842.  N<».  \  379.— AX  ACT  for  the  relief  of  Jubal  B.  Hancock. 

Be  it  enacted,  <Jrc.,  That  Jubal  B.  Hancock  be,  and  be  is  hereby,  au- 


Authorized  to  thorized,  on  or  before  the  first  day  of  January,  one  thousand  eight  hun- 
iTif  of  &c  in  dred  and  forty -four,  to  enter  at  the  proper  land  office,  in  legal  subdi- 
visions, fourteen  hundred  and  forty  acres  of  any  of  the  public  lands  of 
the  United  States,  within  the  State  of  Mississippi,  in  lieu  of  a  like  quan- 
tity of  land  to  which  he  and  his  three  children,  William  M.  Hancock, 
Mary  M.  Hancock,  and  Caroline  D.  Hancock,  became  entitled  under  the 
fourteenth  article  of  the  treaty  of  Dancing  Rabbit  Creek,  concluded  with 
the  Choctaw  nation  of  Indians,  on  the  twenty-seventh  day  of  Septem- 
ber, one  thousand  eight  hundred  and  thirty,  which  was  improperly 
located  for  them  by  George  W.  Martin,  the  locating  agent  of  the  United 
States,  and  of  which  they  have  been  deprived  by  the  decision  of  the 
Secretary  of  War. 

Patents  to  be     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Com- 
issued.  missioner  of  the  General  Land  Office,  on  receiving  certificates  of  said 

entry,  to  cause  patents  fb  be  issued  to  Jubal  B.  Hancock,  for  six  hun- 
dred and  forty  acres ;  to  William  M.  Hancock,  for  three  hundred  and 
twenty  acres  ;  to  Mary  M.  Hancock,  for  three  hundred  and  twenty  acres  ; 
and  to  Caroline  D.  Hancock,  for  one  hundred  and  sixty  acres :  in  con- 
formity with  the  provisions  of  said  treaty,  (a) 

(a)  See  No.   1397. 

Aug,  23,  1842.     No.  1380.— AX  ACT  to  provide  for  the  satisfaction  of  claims  arising  under  the 
VoL  5,  p,  513.          fourteenth  and  nineteenth  articles  of  the  treaty  of  Dancing  Rabbit  Creek,  concluded 
in  September,  one  thousand  eight  hundred  and  thirty. 

Acts  of  March     Be  it  enacted,  <$-c.,  That  the  act  approved  on  the  third  of  March,  eighteen 
3,  1837,  and  Feb.  hundred  and  thirty-seven,  entitled  "An  act  for  the  appointment  of  coin- 
22,  1838,  so  far  as  mi8sioner8  to  adjust  the  claims  to  reservations  of  land  under  the  four- 
modified  by  this  teenth  article  of  the  treaty  of  eighteen  hundred  and  thirty,  with  the 
act,  revived.         Choctaw  Indians :  and  also,  the  act  approved  on  the  twenty-second  day 
of  February,  eighteen  hundred  and  thirty-eight,  entitled  "An  act  to 
amend  an  act  entitled  'An  act  for  the  appointment  of  commissioners  to 
adjust  the  claims  to  reservations  of  land  under  the  fourteenth  article  of 
the  treaty  of  eighteen  hundred  and  thirty,  with  the  Choctaw  Indians/ 
so  far  as  the  same  are  not  repealed  or  modified  by  the  provisions  of  this 
act,"  be,  and  the  same  are  hereby,  revived  and  continued  in  force  until 
the  powers  conferred  by  this  act  shall  be  fully  executed,  subject,  never- 
Powers,     &c.,  theless,  to  repeal  or  modification  by  any  act  of  Congress.    And  all  the 
ers  extended81011  P°wers  and  duties  of  the  commissioners  are  hereby  extended  to  claims 
arising  under  the  nineteenth  article  of  the  said  treaty,  and  under  the 
supplement  to  the  said  treaty,  to  be  examined  in  the  s^me  manner  and 
with  the  same  effect  as  in  cases  arising  under  the  fourteenth  article  of 
Proviso.  the  said  treaty  :  Provided,  That  the  salary  of  said  commissioners  shall 

not  exceed  the  rate  of  two  thousand  five  hundred  dollars  per  annum. 
Commissioners     SEC.  2.  And  be  it  further  enacted,  That  subposnas  for  the  attendance  oi 
may   issue    sub-  witnesses  before  the  said  commissioners,  and  process  to  compel  such  at- 
tendance may  be  issued  by  the  said  commissioners,  or  any  two  of  them, 
under  their  seals  in  the  same  manner  and  with  the  same  effect  as  if 
Marshals,  <fcc.,  issued  by  courts  of  record,  and  may  be  executed  by  the  marshal  of  any 
may  execute  pro-  district,  or  by  any  sheriff,  deputy  sheriff  or  other  peace  officer  designated 
;ir  by  the  said  commissioners,  who  shall  receive  for  such  services  the  same 
fees  as  are  allowed  in  the  district  court  of  the  United  States  for  the  dis- 
trict in  which  the  same  shall  be  rendered  for  similar  services,  to  be  paid, 
on  the  certificate  of  the  commissioners,  out  of  the  contingent  fund  ap- 
propriated by  the  fourth  section  of  the  act  secondly  above  recited,  which 
was  approved  on  the  twenty-second  day  of  February,  one  thousand 
eight  hundred  and  thirty  eight,  and  which  is  revived  by  this  act:  Pro- 
rrnviBn.  vidtd,  That  nothing  herein  contained  shall  be  construed  to  revive  such 

portion  of  the  act  approved  the  third  day  of  March,  one  thousand  eight 
hundred  and  thirty-seven,  referred  to  in  the  first  section  of  this  act,  as 
provides  for  the  employment  and  pay  of  the  district  attorney  of  either 
of  the  districts  of  the  State  of  Mississippi 

Conditions,  up-  SEC.  3.  And  be  it  further  enacted,  That  when  the  said  commissioners 
<>u  pT  oof  of  the  shall  have  ascertained  that  any  Choctaw  has  complied  or  offered  to  com- 
perfurmaoee  of  p]v  w|tjj  a]j  tne  requisites  of  the  fourteenth  article  of  the  said  treaty, 
taw  *baKe  en5"  to  entitle  him  to  any  reservation  under  that  article,  which  requisites 
titled  toapatent.  are  ;is  follows,  to  wit:  that  said  Choctaw  Indian  did  signify  his  or  her 
intention  to  the  agent,  in  person,  or  by  some  person  duly  authorized 


MISSISSIPPI.  581 

and  especially  directed,  by  said  Indian,  to  signify  the  intention  of  said 
Indian  to  become  a  citizen  of  the  State,  within  six  months  from  the  date 
of  the  ratification  of  the  said  treaty,  and  had  his  or  her  name,  within 
the  time  of  six  months  aforesaid,  enrolled  on  the  register  of  the  Indian 
agent  aforesaid,  for  that  purpose ;  or  shall  prove,  to  the  entire  satisfac- 
tion of  the  said  commissioners  and  to  the  Secretary  of  War,  that  he  or 
she  did  signify  his  or  her  intention,  within  the  term  of  six  months  from 
the  date  of  the  ratification  of  the  treaty  aforesaid,  if  his  or  her  name  was 
not  enrolled  in  the  register  of  the  agent  aforesaid,  but  was  omitted  by 
said  agent;  and,  secondly,  that  said  Indian  did,  at  the  date  of  making 
said  treaty,  to  wit,  on  the  twenty-seventh  day  of  September,  eighteen 
hundred  and  thirty,  have  and  own  an  improvement  in  the  then  Choctaw 
country ;  and  that,  having  and  owning  an  improvement,  at  the  place 
and  time  aforesaid,  did  reside  upon  that  identical  improvement,  or  a 
part  of  it,  for  the  term  of  five  years  continuously,  next  after  the  ratifica- 
tion of  said  treaty,  to  wit,  from  the  twenty- fourth  of  February,  eighteen 
hundred  and  thirty-one,  to  the  twenty- fourth  of  February,  eighteen  hun- 
dred and  thirty- six,  unless  it  shall  be  made  to  appear  that  such  improve- 
ment was,  before  the  twenty-fourth  day  of  February,  eighteen  hundred 
and  thirty- six,  disposed  of  by  the  United  States,  and  that  the  reservee 
was  dispossessed  by  means  of  such  disposition ;  and,  thirdly,  that  it  shall 
be  made  to  appear,  to  the  entire  satisfaction  of  said  commissioners,  and 
to  the  Secretary  of  War,  that  said  Indian  did  not  receive  any  other 
grant  of  land  under  the  provisions  of  any  other  article  of  said  treaty; 
and,  fourthly,  that  it  shall  be  made  to  appear,  in  like  manner,  that  said 
Indian  did  not  remove  to  the  Choctaw  country  west  of  the  Mississippi 
River,  but  he  or  she  had  continued  to  reside  within  the  limits  of  the 
country  ceded  by  the  Choctaw  Indians  to  the  United  States,  by  said 
treaty  of  twenty -seventh  September,  in  the  year  eighteen  hundred  and 
thirty,  it  shall  be  the  duty  of  said  commissioners,  if  all  and  each  of  the 
above  requisites  shall  be  made  clearly  to  appear  to  their  satisfaction,  . 
and  the  Secretary  of  War  shall  concur  therein,  to  proceed  to  ascertain 
the  quantity  of  land  to  which  said  Indian,  by  virtue  of  the  fourteenth 
article  of  said  treaty,  is  entitled  to,  which,  when  ascertained,  shall  be 
located  for  said  Indian,  according  to  sectional  lines,  so  as  to  embrace 
the  improvement,  or  a  part  of  it,  owned  by  said  Indian  at  the  date  of 
said  treaty ;  and  it  shall  be  the  duty  of  the  President  of  the  United 
States  to  issue  a  patent  to  said  Indian  for  said  land,  if  he  or  she  be  liv- 
ing, and  if  not,  to  his  or  her  heirs  and  legal  representatives ;  and  in  like 
manner  shall  the  commissioners  aforesaid  ascertain  the  quantity  of  land     Quantity    due 
granted  by  said  article  to  each  child  of  said  Indian,  according  to  the  to  each  child  of 
limitations  contained  in  said  article,  and  locate  said  quantity,  for  said  JJSAaine d  in 
children,  contiguous  to  and  adjoining  the  improvement  of  the  parent  of  iike  manner,  &c. 
such  child  or  children  ;  and  the  President  shall  issue  a  patent  for  each 
tract  of  land  thus  located,  to  said  Indian  child,  if  living,  and  if  not,  to 
the  heirs  and  legal  representatives  of  such  Indian  child.     But  if  the    If    Unitf.d 
United  States  shall  have  disposed  of  any  tract  of  land,  to  which  any  k™tes  ^a^11^ 
Indian  was  entitled,  under  the  provisions  of  said  fourteenth  article  of  which    any    In- 
said  treaty,  so  that  it  is  now  impossible  to  give  said  Indian  the  quantity  dian   was    e  n- 
to  which  he  was  entitled,  including  his  improvements,  as  aforesaid,  or  titled,    &c.,   the 
any  part  of  it,  or  to  his  children,  on  the  adjoining  lands,  the  said  com-  JJ3f  allow  other 
missioners  shall  thereupon  estimate  the  quantity  to  which  each  Indian  land, 
is  entitled,  and  allow  him  or  her,  for  the  same,  a  quantity  of  land  equal 
to  that  allowed,  to  be  taken  out  of  any  of  the  public  lands  in  the  States 
of  Mississippi,  Louisiana,  Alabama,  and  Arkansas,  subject  to  entry  at 
private  sale  ;  and  certificates  to  that  effect  shall  be  delivered,  under  the     certificates  for 
direction  of  the  Secretary  of  War,  through  such  agent  as  he  may  select,  the  land,  how  to 
not  more  than  one-half  of  which  shall  be  delivered  to  said  Indian  until be  given, 
after  his  removal  to  the  Choctaw  territory  west  of  the  Mississippi  River. 
The  said  commissioners  shall  also  ascertain  the  Choctaws,  if  any,  who     commission- 
relinquished  or  offered  to  relinquish  any  reservations  to  which  he  was  ers   shall  ascer- 
entitled  under  the  nineteenth  article  of  the  said  treaty,  or  whose  res-  Jain    the    Choc- 
ervations  under  that  article  had  been  sold  by  the  United  States ;  and  JSed  rase™- 
shall  also  determine  the  quantity  to  which  such  claimant  was  entitled  ;  tjons  umier  the 
and  the  quantity  of  land  which  should  be  allowed  him  on  extinguish-  19th  article,  &o., 
ment  of  such  claim,  at  the  rate  of  two-fifths  of  an  acre  for  every  acre  and    determine, 
of  the  land  to  which  said  claimant  was  entitled,  said  land  having  been  &< 
estimated  under  this  article  at  fifty  cents  per  acre:  Provided,  neverthe-     Proviso. 
less,  That  no  claim  shall  be  considered  or  allowed  by  said  commissioners, 
for  or  in  the  name  or  behalf  of  any  Indian  claimant  whose  name  does 


582  MISSISSIPPI. 

not  appear  upon  the  lists  or  registers  of  claimants  made  by  Major  Arm- 
strong, special  agent  for  that  purple,  in  conjunction  with  the  three 
chiefs  of  the  three  Choctaw  districts,  and  returned  to  the  Department 
of  War  in  January,  eighteen  hundred  and  thirty-two,  and  who  does  not 
appear  from  those  registers  to  be  entitled  to  a"  reservation  under  said 
nineteenth  article. 

Commission-      SEC.  4.  And  be  it  further  enacted,  That  the  said  commissioners,  within 
era  to  re  port  two  years  from  the  time  of  their  entering  upon  the  duties  of  their 
ings!  &c°  to  theoffices>  aml  a8  often  as  sna11  be  required  by  the  President  of  the  United 
President',  when.  States,  shall  report  to  him  their  proceedings  in  the  premises,  with  a  full 
and  perfect  list  of  names  of  all  the  Choctaws  whom  they  shall  have 
determined  to  be  entitled  to  reservations  under  this  act;  the  quantity 
of  land  to  which  each  shall  be  so  entitled,  the  number  of  claims  which 
Powers,      &c.,  can  be  located  according  to  the  provisions  of  the  fourth  section  of  this 
of   the  cornmis-  ac^  an(j  8UCh  ag  cannot  be  located  according  to  the  provisions  of  the 
sionere,  w        to  fourjh  ^t^  of  thjs  act .  aD(i  the  powers  and  duties  of  the  said  com- 
missioners shall  cease  at  the  expiration  of  two  years  from  the  time  of 
the  first  organization  of  the  board;  and  their  proceedings  may  be  ter- 
minated by  the  President  at  any  time  previous  to  the  expiration  of  the 
said  two  years. 

Commission-     SEC.  5."  And  be  it  further  enacted,  That  the  commissioners  to  be  ap- 
ers  to  determine  pointed  under  this  act  shall  also  ascertain  and  determine  the  quantity 
claims  under  the  of  ]and  to  which  any  Choctaw  or  other  person  named  in  the  supple- 
the  treaty!         °  ment  to  tne  8aid  treaty  of  Dancing  Rabbit  Creek  was  entitled  by  vir- 
tue thereof,  and  which  such  person  has  by  any  means  been  prevented 
from  receiving. 

Upon  approval  SEC.  6.  And  be  it  further  enacted,  That  if  the  President  of  the  United 
!£c  certTficates  States  sba11  approve  and  confirm  the  determination  of  the  commission- 
shail  be  deliver-  er8  heretofore  appointed  to  investigate  the  claims  existing  under  the 
ed  to  claimant,  if  fourteenth  article  of  said  treaty  of  Dancing  Rabbit  Creek,  in  any  case, 
a  Choctaw.  he  8hall  cause  to  be  delivered  to  the  claimant,  if  he  be  a  Choctaw  In- 

dian, his  legal  representatives  or  heirs,  certificates,  as  provided  by  the 
fourth  section  of  this  act,  for  the  quantity  of  land  to  which  such  claim- 
ant shall  appear,  by  such  determination,  to  have  been  entitled,  in  full 
Proviso.  satisfaction  and  discharge  of  such  claim  :  Provided,  Such  determination 

was  made  by  adhering,  in  every  instance,  to  the  requisites  contained  in 
Proviso.  the  fourth  section  of  this  act :    And  provided,  also,  That  said  claims,  nor 

either  of  them,  cannot  now  be  located,  according  to  the  provisions  of 
the  fourth  section  of  this  act. 

Accounts  to  be  SEC.  7.  And  be  it  further  enacted,  That  distinct  accounts  shall  be  kept 
tifSa  tea  &o'  of  tne  certincate8  issued  in  satisfaction  of  the  claims  provided  for  by 
and  amount  re- this  act,  and  of  all  expenses  attending  the  execntion  of  the  same  ;  and 
tained  from  dis-  the  amount  thereof  shall  be  retained  and  withheld  from  any  distribu- 
tribution  to  the  tion  to  the  States. 

Claims    of     SEC>  8>  And  be  if  further  enacted,  That  nothing  in  this  act  contained 

white  men  with  shall  be  so  construed  as  to  authorize  the  said  commissioners  to  adjtidi- 

Indian  families,  cate  any  claim  which  may  be  presented  by  a  white  man  who  may  have 

Patents  to  be  had,  or  now  has,  an  Indian  wife  or  family ;  and  any  patent  to  land, 

which  shall  issue  on  any  Indian  claim,  under  the  provisions  of  the  treaty 

aforesaid,  shall  be  issued  to  the  Indian  to  whom  the  claim  was  allowed, 

if  living,  and  if  dead,  to  his  or  her  heirs  and  legal  representatives,  any 

act  of  Congress,  or  usage,  or  custom,  to  the  contrary  notwithstanding. 

Xo  claim  to  be     SEC.  9.  And  be  it  further  enacted,   That  no  claim  shall  be  allowed, 

allowed,    if     as-  under  the  fourteenth  article  of  said  treaty,  if  the  said  commissioners 

signed    previous  8hall  be  satisfied,  by  such  proof  as  they  may  prescribe,  that  said  claim 

of  the  five  years  had  beeD>  previous  to  the  expiration  of  five  years  from  the  ratification 

from  its  ratifica- of  said  treaty,  assigned,  either  in  whole  or  in  part;  and  in  case  of  a 

tion.  partial  assignment,  or  agreement  for  an  assignment  thereof,  the  same 

shall  be  allowed  so  far  only  as  the  original  Indian  claimant  was,  at  that 

date,  the  bona-fide  proprietor  thereof. 

Claims  notpre-      SEC.  10.  And  be  it  further  enacted,  That  all  claims  under  either  of  the 

sented  within  one  articles  of  said  treaty  mentioned  above,  or  the  supplemental  articles 

yearL1forever  thereof,  which  shall  not  be  duly  presented  to  said  commissioners  for 

allowance  within  one  year  after  the  final  passage  of  this  act,  shall  be 

thereafter  for  ever  barred,  (a) 

(a)  See  Nos.  1368,  1371,  1372,  1389,  1392,  1395,  1405,  1407,  1409, 1411. 


MISSISSIPPI.  583 

No.  1381— AN  ACT  to  amend  an  act  entitled  "An  act  for  the  relief  of  George  May-     Feb.  24,  1843. 
field,"  approved  July  twenty-seven,  one  thousand  eight  hundred  and  forty-two.          Vol.  6,  p.  685. 


Be  it  enacted,  $c.,  That  the  time  within  which  George  Mayfield  is     Allowed     fur- 
required  to  select  and  enter  six  hundred  and  forty  acres  of  land,  granted  ther  time  to  en- 
to  him  by  the  provisions  of  an  act  of  the  twenty-seventh  of  July,  one ter  land- 
thousand  eight  hundred  and  forty- two,  be,  and  the  same  is  hereby,  ex- 
tended one  year;  and  the  said  Mayfield  shall  be  permitted  to  enter  said 
land  in  one  entire  section,  or  in  quarter-sections,  subject  to  private 
entry  and  not  in  the  occupancy  of  any  actual  settler,  as  he  in  his  dis- 
cretion may  determine,  (a) 

(a)  See  Nos.  1376,  1390,  1519. 

Xo.  1382.— AN  ACT  in  relation  to  the  two  per  cent,  fund  of  the  State  of  Missis-     March  1  1843 

8iPPL  Vol.  5,  p!  603. ' 

Be  it  enacted,  #c.,  That  the  assent  of  Congress  is  hereby  given  to  the 
appropriation,  by  the  State  of  Mississippi,  to  the  completion  of  the  rail- 


grestoe 

road  from  Brandon  to  Jackson,  of  the  sum  of  twenty-five  thousand  dol-  propriation  &of 
lars,  as  a  part  of  the  two  per  cent,  fund  heretofore  relinquished  by  Con-  part  of  the  two 
gress  to  said  State;  (a)  and  that  the  governor  of  said  State  be,  and  he Per  cent,  fund 
is  hereby,  authorized,  with  the  said  two  per  cent,  fund  now  in  theJ^^B^J^ 
Treasury  of  the  United  States,  to  enter  any  public  lands  in  said  State,  Govern  o  r  of 
subject  to  private  entry,  and  in  the  name  and  on  behalf  of  said  State,  Mississipp  i  a  u- 
to  be  held  subject  to  the  same  trusts  and  purposes  of  said  fund.  (&)  j^° Ijize^  *°  e£- 

(a)  See  Nos.  1015, 1266, 1303, 1314, 1340, 1366, 1374, 1398, 1415.  two  per  cent. 

(b)  See  Nos.  36,  59,  433, 1266, 1267,  1273, 1274, 1275,  1276, 1277,  1279, 1281, 1288, 1292, 1293  fund. 

1298, 1301,  1305, 1315, 1323, 1327, 1336,  1361,  1391, 1408, 1414, 1416, 1417. 


No.  1  383.— AN  ACT  to  authorize  the  investigation  of  alleged  frauds  under  the     March  3  1843 
pre-emption  laws,  and  for  other  purposes.  Vol.  ^  p'  g^ ' 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office     An  agent  to  be 
be,  and  he  hereby  is,  authorized  to  appoint  a  competent  agent,  whose  appointed  to  in- 
duty  it  shall  be,  under  direction  of  said  Commissioner,  to  investigate,  vestigate    cases 
upon  oath,  the  cases  of  fraud  under  the  pre-emption  laws,  alleged  to  of  alleged  f^aud 
exist  in  the  Columbus  land  district,  in  the  State  of  Mississippi,  referred  ^strict 
to  in  the  late  annual  report  of  said  Commissioner,  communicated  to  Con- 
gress by  letter  of  the  Secretary  of  the  Treasury,  dated  December  the 
fifteenth,  one  thousand  eight  hundred  and  forty-two;  and  that  such 
agent  shall  examine  all  witnesses  who  may  be  brought  before  him  by     Mode  of  inves- 
the  individual  or  individuals  alleging  the  fraud,  as  well  as  those  wit-  tigation. 
nesses  who  may  be  produced  by  the  parties  in  interest,  to  sustain  said 
claims ;  and  that  he  be,  and  is  hereby,  invested  with  power  to  adminis- 
ter to  such  witnesses  an  oath  to  speak  the  truth  in  regard  to  any  question 
which  may  be  deemed  necessary  to  the  full  examination  of  the  cases  so 
alleged  to  be  fraudulent ;  and  such  testimony  shall  be  reduced  to  writ- 
ing, and  subscribed  by  each  witness,  and  the  same  returned  to  the 
Commissioner,  with  the  opinion  of  said  agent  on  each  claim ;  and  any  wit- 
ness, so  examined  before  the  said  agent,  who  shall  swear  wilfully  and 
falsely  in  regard  to  any  matter  or  thing  touching  such  examination,  shall 
be  subject,  on  conviction,  to  all  the  pains  and  penalties  of  perjury ;  and  it 
shall  be  the  duty  of  the  Commissioner,  to  decide  the  cases  thus  returned, 
and  finally  to  settle  the  matter  in  controversy,  subject  alone  to  an  ap- 
peal to  the  Secretary  of  the  Treasury  :  Provided,  That  the  power  con-    Proviso, 
ferred  by  this  section  upon  such  agent  is  hereby  limited  to  the  terra  of 
one  year  from  and  after  the  date  of  this  act;  and  the  compensation  to 
be  paid  to  said  agent  shall  not  exceed  three  dollars  per  day  for  each 
day  he  may  be  necessarily  engaged  in  the  performance  of  the  duties  re- 
quired by  this  section. 


No.  1384.— AN  ACT  for  the  relief  of  John  Mullings.  March  26,  1844. 

Be  it  enacted,  $c.,  That  the  title  to  the  southeast  quarter  of  section     VoL6»P-  908- 
twenty,  the  whole  of  section  twenty-one,  and  the  northwest  quarter  of    Land  title  con- 
section  twenty- eight,  in  township  seventeen  north,  range  fifteen  east,  firmed, 
of  the  Columbus  land  district,  of  Mississippi,  heretofore  located  to  sat- 
isfy the  claim  of  Alabatcha,  the  wife  of  John  Mullings,  be,  and  the  same 


584  MISSISSIPPI. 

is  hereby  confirmed  to  the  said  John  Mullings,  to  have  and  to  hold  the 
same  right  and  interest  in  the  same  as  he  would  have  held  had  he  been 
returned  in  Ward's  register :  and  that  the  President  is  hereby  directed 
to  cause  to  be  issued  a  patent  to  the  said  John  Mullings  for  the  above- 
described  lands,  as  in  other  cases. 


June  15,  1844.  No.  1385.— AN  ACT  for  the  relief  of  Woodson  Wren,  of  Mississippi. 

—       >p' 1_     Be  it  enacted  <f  c.,  That  Woodson  Wren,  of  the  State  of  Mississippi  be, 

Certain  tracts  and  he  is  hereby,  confirmed  in  the  following-described  tracts  and  par- 

to  themCOnflrmed  cels  of  land'  to  wit:  Fractional  section  twenty-five,  in  township  seven, 
range  nine  west,  including  the  site  of  the  old  French  fort,  and  contain- 
ing about  one  hundred  and  twenty-three  acres ;  also,  a  portion  of 
fractional  section  number  twenty-four,  in  township  seven,  range  nine 
west,  being  lot  number  six,  containing  eighty  acres,  situated  on  the 
east  side  of  the  Bay  of  Biloxi,  in  the  county  of  Jackson,  Mississippi, 
claimed  by  virtue  of  a  deed  from  Littlepage  Robertson,  and  reported  for 
confirmation  by  the  register  and  receiver  of  the  land  office  at  Jackson 
Courthouse,  Mississippi,  dated  July  twelve,  eighteen  hundred  and 
twenty  three. 
Patent  to  be  SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  General 

issued.  Land  Office,  upon  the  passage  of  this  act  shall  issue  a  patent  for  the 

same :  which  patent  shall  operate  only  as  a  relinquishmeut  on  the  part 
of  the  United  States  of  all  right  and  title  to  said  land. 
W.    Wren  al-     SEC.  3.  And  be  it  further  enacted,  That  said  Woodson  Wren  shall  be 

lowed  to  enter  allowed  to  enter  a  quantity  of  land,  which,  together  with  the  foregoing- 
described  tracts,  by  this  act  confirmed  to  him,  will  make  a  number  of 
acres  equal  to  eight  hundred  arpens,  being  the  amount  confirmed  to 
him  by  act  of  Congress,  entitled  "An  act  for  the  relief  of  Woodson 
Wren,"  approved  eighteen  hundred  and  thirty  [-one],  out  of  any  unap- 
propriated lands  in  the  State  of  Mississippi  subject  to  private  entry: 
conforming,  in  such  entry,  to  the  divisions  and  subdivisions  established 
by  law.  (a) 
(a)  See  Nos.  1320, 1345. 

June  17,  1844.     No.  1386.— AN  ACT  to  provide  for  the  adjustment  of  land  claims  within  the  States 
Vol.  5,  p.  676.        of  Missouri,  Arkansas,  and  Louisiana,  and  in  those  parts  of  the  States  of  Missis- 

sippi  and  Alabama  south  of  the  thirty-first  degree  of  north  latitude,  and  between 

the  Mississippi  and  Perdido  rivers. 


[See  MISSOURI,  No.  1067.] 


Feb.  26,  1845.  No.  1 387.— AN  ACT  to  amend  an  act  entitled  "An  act  to  carry  into  effect,  in  the 
Vol.  5,  p.  727.  States  of  Alabama  and  Mississippi,  the  existing  compacts  with  those  States  with 
regard  to  the  five  per  cent,  fund  and  the  school  reservations." 

[Governor  of  Alabama  authorized  to  select  lands  within  any  of  the 
land  districts  of  Alabama  or  Mississippi  for  school  purposes,  in  lieu  of 
lands  in  the  Chickasaw  purchase.  See  ALABAMA,  No.  1586.] 


March  3,  1845.     No.   1388.— AN  ACT  to  confirm  the  survey  and  location  of  claims  for  lands  in  the 
Vol.  5,  p.  740.        State  of  Mississippi,  east  of  the  Pearl  Biver,  and  south  of  thirty-first  degree  of 
north  latitude. 


Certain     sur-      Be  it  enacted,  <fc.,  That  all  surveys  and  plats  of  confirmed  claims  and 

veys     confirmed  8ettlerrent  rights  for  lands  situate  in  the  State  of  Mississippi,  east  of 

e<  Pearl  River,  and  south  of  thirty-first  degree  of  north  latitude,  which 

had  been  made  and  returned  to  the  surveyor-general's  office  south  of 

Tennessee  on  or  before  the  first  day  of  January,  one  thousand  eight 

hundred  and  thirty-nine,  shall  be,  and  are  hereby,  confirmed,  as  actually 

Surveyor- gen- surveyed  on  the  ground  ;  and  the  said  surveyor-general  is  hereby  au- 

eral    to    certify  thorized  and  directed,  on  the  request  of  any  party  interested  in  any 

plat  of  survevto  8Uch  claim>  to  certify  the  return  and  plat  of  such  actual  survey,  so  re- 

the  register  and  maining  in  his  office,  to  the  register  and  receiver  for  lands  in  the  Augusta 

receiver  for  the  district,  in  said  State,  who  are  hereby  directed  to  receive  and  regard 

Align  sta  district.  saj^  8uiveys,  plats,  and  location  of  the  claims  they  represent,  as  cor- 

recSvertogfvea  rectly  roadeJ  and  the  said  register  and  receiver  shall  thereupon  issue, 

certificate,  &c.      in  the  name  of  the  confirmee  of  the  claim  a  patent  certificate  for  each 


MISSISSIPPI.  585 

claim;  which  certificate,  being  first  duly  recorded  in  the  said  regis- 
ter's office,  shall  be  delivered  to  such  person  as  is  entitled  to  represent 
the  claim,  and  which,  being  presented  to  the  General  Land  Office  at 
Washington,  shall  entitle  the  party  interested  to  a  patent  therefor: 
Provided,  That  any  claimant  to  a  tract  of  land  so  surveyed  and  platted  Proviso, 
as  aforesaid,  who  shall,  within  one  year  from  the  passage  of  this  act, 
file,  in  writing,  with  the  surveyor-general  south  of  Tennessee,  his  ex- 
ception to  the  regularity  of  the  survey  so  heretofore  made,  setting 
forth  in  what  respect  said  survey  is  erroneous,  the  surveyor-general 
shall  examine  such  exception,  and,  if  found  to  be  well  taken,  shall 
order  a  resui  vey  of  the  claim,  and  after  proper  notice  to  tbe  party  in- 
terested j  and,  after  proper  notice,  he  may  order  a  resurvey  of  any  other 
claims  which,  in  his  opinion,  may  be  indispensably  necessary,  by  reason 
of  errors  or  defects  in  the  survey,  on  the  ground,  which,  being  returned 
and  approved,  shall  be  certified  to  the  register  and  receiver  at  Augusta, 
on  which  a  patent  certificate  shall  be  issued,  as  before  directed  :  Pro- 
vided, also,  That  all  actual  surveys  of  claims  in  said  district,  which  shall  .Further  pro- 
not  be  excepted  to  within  the  year  aforesaid,  or  which  the  surveyor- V180' 
general  may  not  find  it  indispensably  necessary  to  have  resurveyed  by 
reason  of  any  errors  or  defects,  as  aforesaid,  shall,  after  that  time,  be 
deemed  unexceptionable,  so  far  as  relates  to  the  title  of  the  United 
States,  and  shall  thenceforth  be  proceeded  in  and  perfected  to  patent. 

SEC.  2.  And  be  it  further  enacted,  That  all  resurveys  which  may  be  or-  Eesurveys  to 
dered  by  virtue  of  this  act  shall  be  executed  under  the  direction  of  the  be  executed  un- 
surveyor  south  of  Tennessee,  subject  to  orders  from  the  General  Land  gurvevor^south 
Office  ;  and  all  services  which  shall  be  rendered  in  execution  of  this  act  of  Tennessee, 
shall  be  audited,  charged,  and  paid  for,  as  similar  services  were  required  Expenses  of 
to  be  by  former  laws  and  regulations  in  reference  to  similar  claims.  survey. 

SEC.  3.  And  he  it  further  enacted,  That  when,  in  any  case  it  shall  ap- .  Surveyor    to 
pear  to  the  surveyor-general  that  the  survey  of  any  claim  hereby  con-  f^.116  deficiencies 
firmed  is  deficient  in  the  quantity  of  laud  confirmed  to  the  claimant,  by  in  a  resurvey. 
a  number  of  acres  equal  to  forty  or  more,  then  the  said  surveyor-general 
shall  issue  to  the  claimant  a  warrant,  entitling  him  to  a  quantity  of 
land,  which  in  the  subdivision  of  the  public  lands  of  the  United  States, 
shall  not  exceed  in  quantity  the  number  of  acres  found  deficient  in  the 
claimant's  original  survey  ;  which  entry  may  be  made  on  any  lands  sub- 
ject to  entry  in  said  district. 

SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  not  be  construed     C o  n  fl  i  ct  ing 
as  aiding  the  title  survey  or  location  of  any  claim,  to  the  prejudice  of  cl»inj8  to  be  de* 
any  other  claim  with  which  its  pretensions  and  location  may  conflict;  SSnglaws?* 
but  all  such  conflicting  rights  and  locations  shall  remain  subject  to  ex- 
isting laws:  Provided,  hoicever,  That,  in  any  such  case  of  conflict,  in     Proviso, 
addition  to  the  powers  conferred  on  the  surveyor- general  by  this  act,  it 
shall  be  lawlul  for  him,  when  the  conflicting  claimants  may  compromise, 
by  the  relinquishment  of  one  of  the  claimants  of  his  entire  location,  or 
so  much  of  it  as  coutlicts  with  the  location  of  another  claim,  to  grant  a 
warrant  to  the  relinquishing  claimant,  which  shall  entitle  him  to  enter 
an  equal  quantity  with  the  land  relinquished  of  any  land  subject  to 
entry  in  the  district  of  the  land  surrendered. 

SEC.  5.  And  be  it  further  enacted.  That  all  confirmation  and  evidence  Confirmation 
cf  title  which  shall  be  made  or  issued  in  the  name  of  the  original  claim-  °.r  evidence  of 
ant  or  confirmee,  by  virtue  of  this  act,  shall  inure  to  the  uee  and  benefit  JJjJ®0  of  Original 
of  those  who  may  be  jointly  or  severally  entitled  to  the  lands  in  the  claim  ants?  to 
several  claims  referred  to,  either  by  descent  or  purchase,  as  if  such  per-  inure  to  the  bene- 
aons  were  specially  named  therein,  (a)  titled  ^ 

(a)  SeeNos.  718,  723,  731,  737,  745,  753, 1067,  1265,  126C,  1268,  1270, 1271,  1275, 1276,  1284, 
12&6, 1287,  1292, 129-1, 1-290, 1299, 1300,  1310,  1318,  1322,  1324,  1333,  1334,  1336, 13B6, 


No.  1389.— AN  ACT  making  appropriations  for  the  current  and  contingent  ex-     March  3,  1845. 
penses  of  the  Indian  Department,  aud  for  fulfilling  treaty  stipulations  with  the     Vol.  5,  p.  777. 

various  Indian  tribes,  for  the  fiscal  year  commencing  on  the  first  day  of  July,  • 

eighteen  hundred  and  forty-five,  and  ending  on  the  thirtieth  day  of  June,  eighteen 
hundred  and  forty-six. 


For  payment  to  the  Bank  of  Michigan,  or  its  assigns,  for  moneys  ad-     Payment  to 
vanced  under  authority  of  the  Secretary  of  War,  and  Secretary  of  thebank    of 
Treasury,  in  fulfilment  of  a  treaty  *  ith  the  Chippewas  of  Saginaw,  of 
January  one  thousand  eight  hundred  and  thirty-be ven,  together  with  in- 


58G  MISSISSIPPI. 

terest  on  the  principal  sum  dne  said  b.ank  from  the  first  day  of  February 
one  thousand  eight  hundred  and  forty,  at  six  per  cent,  per  annum,  twelve 
thousand  five  hundred  dollars,  or  so  much  thereof  as  may  be  necessary: 

Proviso.  Provided,  That  of  the  scrip  which  has  been  awarded,  or  which  shall  be 

awarded,  toChoctaw  Indians  under  the  provisions  of  the  law  of  twenty- 
third  August,  one  thousand  eight  hundred  and  forty-two,  that  portion 
thereof,  not  deliverable  east,  by  the  third  section  of  said  law,  in  these 
words  "  not  more  than  one-half  of  which  shall  be  delivered  to  said 
Indian  until  after  his  removal  to  the  Choctaw  territory,  west  of  the 
Mississippi  River,"  shall  not  be  issued  or  delivered  in  the  West,  but  the 
amounts  awarded  for  land  on  which  they  resided,  but  which  it  is  im- 
possible for  the  United  States  now  to  give  them,  shall  carry  an  interest 
of  five  per  cent.,  -which  the  United  States  will  pay  annually  to  the  re- 
servees  under  the  treaty  of  one  thousand  eight  hundred  and  thirty,  re- 
spectively, or  to  their  heirs  and  legal  representatives,  forever,  estimating 
the  land  to  which  they  may  be  entitled,  at  one  dollar  and  twenty- five 

Eepeal.  cents  per  acre :  Provided,  further,  That  so  much  of  the  law  of  twenty- 

third  August,  one  thousand  eight  hundred  and  forty-two,  as  is  incon- 
sistent herewith,  is  hereby  repealed,  (a) 

******* 

(a)  See  Xos.  1368, 1371, 1372, 1380,  1392, 1395,  1405, 1407, 1409, 1411. 


May  22,  1846.  No.  1390.— AX  ACT  to  amend  an  act  approved  February  twenty -fourth,  eighteen 
Vol.  9,  p.  650.  hundred  and  forty-three,  entitled  "An  act  to  amend  an  act  entitled  'An  act  for  the 
relief  of  George  'Mayfield,'  approved  July  twenty-seventh,  eighteen  hundred  and 


A  patent  to  is-     forty-two." 
?ue    to    George     Be  it  enacted,  $c  ,  That  a  patent  shall  issue  to  George  Mayfield  for  the 
in^he  Grenada  west  balf  and  8outneast  quarter  of  section  seventeen,  township  twenty- 
land  district.        six>  range  five  west,  and  the  southwest  quarter  of  section  eight,  town- 
ship twenty-six,  range  five  west,  in  the  district  of  lands  subject  to  sale 
at  Grenada,  Mississippi,  any  thing  in  the  act  of  which  this  is  amendatory 
to  the  contrary  notwithstanding,  (a) 
(a)  See  Xos.  1376,  1381,  1519. 

July  15,  1846.     No.  1391.—  AN  ACT  to  legalize  certain  land  sales  made  at  Chocchuma  and  Colum- 
Tol.  9,  p.  37.  bus,  in  the  State  of  Mississippi,  and  to  indemnify  the  Chickasaws  therefor. 


Patents  to  issue     ^e  *'*  enac^t  <fc->  That  it  may  and  shall  be  lawful  for  patents  to  be 

for  such  sales  of  issued,  as  in  ordinary  cases,  for  such  of  the  sales  of  land  made  in  the 

land  at  Choc-  land  offices  at  Chocchuma  and  Columbus,  in  the  State  of  Mississippi,  as 

chuma   and   Co-  may  be  foului,  by  the  definitively  established  line  of  the  Chickasaw 

shypi^as  maySbe  cession  of  one  thousand  eight  hundred  and  thirty-  four,  to  be,  in  whole 

found  to  be  with-  or  part,  within  that  cession,  and  the  said  scales  are  hereby  confirmed 

in  the  Chickasaw  and  legalized  ;  and  for  the  purpose  of  indemnifying  the  Chickasaw  tribe 

cession  of  1834.     of   Jndians  for  said  sales,  there  is  hereby  appropriated,  out  of  any 

m'  moneys  in  the  Treasury  not  otherwise  appropriated,  a  sum  of  money 

equal  to  all  which  has  been  received  upon  said  sales,  to  the  fund  created 

by  the  treaty  with  said  Chickasaw  tribe,  and  of  right  to  them  belong- 

Proviso.  ing  :  Provided,  nevertheless,  That  this  act  shall  not  extend  to  any  sale 

where  the  purchase  money  may  have  been  refunded  to  the  purchaser,  (a) 

(a)  See  Xos.  36,  59,  433,  1266,  1267,  1273,  1274,  1275,  1276,  1277,  1279,  1281,  1288,  1292,  1293, 

1298,  1301,  1305,  1315,  1323,  1327,  1336,  1361,  1382,  1408,  1414,  1416,  1417. 


Aug.  3,  1846.  No.  1 392.— JOIXT  EESOLTTTIOX  to  authorize  the  Secretary  of  War  to  adjudicate 
VoL  9,  p.  114.  the  claims  of  the  Su-quah-natch-ah,  and  other  clans  of  Choctaw  Indians,  whose 
ca&es  were  left  undetermined  by  the  commissioners  tor  the  want  of  the  township 


Secretary  of     liesolved,  tf-c.,  That  the  Secretary  of  War,  for  the  purpose  of  consum- 

War  authorized  mating  the  claims  of  the  Su-quah-natch-ah  and  other  clans  of  Choctaw 

Chocta'w3  cfairns1  Indians,  in  whose  cases  the  testimony  was  taken  by  the  commissioners 

and     to     award  appointed  by  virtue  of  the  act  approved  the  twenty-third  of  August, 

land     or     scrip  eighteen  hundred  and  forty-two,  and  returned  to  the  War  Department, 

therefor.  ^ut  judgment  was  not  entered  up  for  the  want  of  the  maps  whereby  the 

location  of  the  lauds  of  the  claimants  and  the  allotment  of  land  or  scrip, 

respectively,  to  each,  could  alone  be  determined,  be,  and  he  is  hereby, 

authorized  *to  decide  the  same,  and  award  land  or  scrip  in  each  case,  as 

the  testimony  already  taken  may  justify,  (a) 

(a)  See  Xos.  1368, 1371, 1372, 1380, 1389,1395, 1405, 1407, 1409, 1411. 


MISSISSIPPI.  587 

No.  1393.—  AN  ACT  for  the  relief  of  Jose  Carxillo.  Aug.  8,  1846. 

Beit  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office    VoL  9'  P-  663- 


be,  and  he  is  hereby,  authorized  and  required  to  issue  to  Jose  Carxillo,  Patent  for  cer- 
of  the  county  of  Hancock  and  State  of  Mississippi,  a  patent  to  the  tain  laud  in  Au- 
northwest  quarter  of  section  twenty-six,  of  township  nine,  range  six-  gjjjj»*  iH|8Ju" 
teen  west,  in  the  Augusta  land  district  of  Mississippi,  (a)  trict'  to  be  issued 

(a)  See  No.  1413.  _  to  Jose  CarxiUo- 

No.  1394.—  AN  ACT  declaring  the  assent  of  Congress  to  certain  States  to  impose     Jan.  26,  1847. 

a  tax  upon  all  lands  hereafter  sold  by  the  United  States  therein,  from  and  after  the     Vol.  9,  p.  118. 

day  of  such  sale. 

[States  admitted  into  the  Union  prior  to  April  24,  1820,  may  tax  pub- 
lic lands  after  the  day  of  sale.    See  OHIO,  No.  169.] 


No.  1395.— AN  ACT  making  appropriations  for  the  current  and  contingent  ex-     March  1, 1847. 

penses  of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  \vith  the     Vol.  9,  p.  145. 

various  Indian  tribes,  for  the  year  ending  June  thirtieth,  eighteen  hundred  and . 

forty-eight. 

SEC.  2.  And  be  it  further  enacted,     * 

For  interest  on  the  amounts  awarded  Choctaw  claimants,  under  the     Choctaw claim, 
fourteenth  article  of  the  treaty  of  Dancing  Rabbit  Creek,  of  the  twenty-  ant8- 
seventh  September,  eighteen  hundred  and  thirty,  for  lands  on  which 
they  resided,  but  which  it  is  now  impossible  to  give  them,  and  in  lieu 
of  the  scrip  that  has  been  awarded  under  the  act  of  twenty-third  Au- 
gust, eighteen  hundred  and  forty-two,  not  deliverable  east,  by  the  third 
section  of  the  said  law,  per  act  of  third  of  March,  eighteen  hundred 
aud  forty-five,  for  the  year  eighteen  hundred  and  f or ty- seven,  forty  • 

three  thousand  six  hundred  dollars,  (a) 

*  *  *  *  *  *  * 

(a)  See  Nos.  1368, 1371, 1372, 1380, 1389, 1392, 1405, 1407, 1409, 1411. 


No.  1396.— AN  ACT  for  the  relief  of  Isaac  Guess.  March  3, 1847. 

Be  it  tnacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office  Yol-9»P-696- 
be,  and  he  is  hereby,  authorized  and  required  to  issue  to  Isaac  Guess,  Patent  to  be 
of  Mississippi,  a  patent  to  the  west  half  of  the  northwest  quarter  of  issued  to  Isaac 
section  thirty-five,  township  fifteen  north,  of  range  five  east,  and  for  Guess  for  his  en- 
the  east  half  of  tbe  northeast  quarter  of  section  three,  township  four-  ^n^olf  p^eertam 
teen  north,  of  range  five  east,  in  the  State  of  Mississippi,  within  the  ian(j  in  the  Co- 
Columbus  land  district ;  the  same  being  the  land  entered  and  paid  forlumbus  district, 
by  said  Guess  as  a  pre-emption.  Mississippi. 


No.  1397.— AN  ACT  for  the  relief  of  Hyacinth  Lasselle.  March  3, 1847. 

******  Vol.  9,  p.  706. 


SEC.  2.  And  be  it  further  enacted,  That  the  act  entitled  "An  act  for  the    Act  for  reiief 
relief  of  Jubal  B.  Hancock"  be  so  amended  that  the  time  allowed  for0f  Jubal  B.  Han- 
the  location  of  the  land  therein  specilied  be  extended  to  thirtieth  day  cock  amended, 
of  December,  eighteen  hundred  and  forty -seven,  (a) 

(a)  See  No.  1379. 


No.  1398.—  AN  ACT  to  amend  the  act  entitled  "An  act  to  appropriate  the  proceeds  June  16,  1848. 
of  the  sales  of  the  public  lands,  and  to  grant  preemption  rights,"  &c.,  approved  Vol.  9,  p.  237. 
September  fourth,  eighteen  hundred  and  forty-one. 


Be  it  enacted,  #c.,  That  the  sixteenth  section  of  said  act  be  so  amended 
as  to  give  the  consent  of  Congress,  and  the  same  is  hereby  given,  to  the  application  of  the 
application  of  the  two  per  cent,  fund  heretofore  relinquished  by  said  two  per  cent. 
act  to  the  State  of  Mississippi,  to  be  faithfully  applied  to  the  construe-  SjstSJof  Mto! 
tion  of  a  railroad  leading  from  Brandon,  in  the  State  of  Mississippi,  to  8i88ippi  to  %ue 
the  eastern  boundary  of  said  State,  in  such  manner  as  to  authorize  the  construction  of  a 
construction  of  a  railroad,  commencing  at  Jackson,  in  said  State,  and  railroad  from 
extending  to  the  eastern  boundary  of  said  State  of  Mississippi,  via  Bran-  JJjgjy^SJ 
don,  in  the  direction,  as  near  as  may  be,  of  the  towns  of  Selma,  Cahawba,  o£  Bai(l  state>  • 
and  Montgomery,  in  the  State  of  Alabama,  (a) 

(a)  See  Nos.  1015,  1266,  1303,  1314,  1340,  1366,  1374,  1382,  1415. 


588  MISSISSIPPI. 

Aug.  5,  1848.       No.  1399.—  AX  ACT  supplemental  to  an  aet  to  confirm  the  survey  and  location  of 
Vol.  9,  p.  273.         claims  tor  lands  in  the  State  of  Mississippi,  east  of  the  Pearl  River,  and  south  of  the 

thirty-first  degree  of  north  latitude,  approved  March  three,  eighteen  hundred  and 

forty-five. 

Certain  land     Be  it  enacted,  $c.,  That  all  confirmed  claims  and  settlement  rights  for 

Sta™SofnMis8i^laDd8  8ituate  in  the  State  of  Mississippi,  east  of  the  Pearl  River  and 

sippi    confirmed  south  of  thirty-first  degree  of  north  latitude,  which  had  not  been  actu- 

according  to  ac-  ally  surveyed  on  the  ground,  and  for  which  no  plats  of  actual  survey 

tual     surveys  had  been  returned  to  the  surveyor-  general's  office  south  of  Tennessee, 

made.  on.  or  bef  ore  the  first  daJ  of  January,  one  thousand  eight  hundred  and 

thirty-nine,  shall  be,  and  are  hereby,  confirmed,  according  to  actual  sur- 

veys hereafter  to  be  made  as  herein  provided  for,  in  the  same  manner 

that  said  claims  actually  surveyed  on  the  ground,  and  returned  to  the 

surveyor-general's  office  at  the  time  aforesaid,  are  confirmed  by  the  act 

to  which  this  is  a  supplement  ;  and  the  surveyor-general  is  hereby  au- 

thorized and  directed,  on  request  of  any  party  interested,  to  cause  the 

Surveys  to  be  survey  of  said  claims,  without  delay,  and  at  any  time  between  the  pas- 

made  and  returns  8age  Of  tnis  act  and  the  firet  day  of  january>  eighteen  hundred  and  fifty, 

register  an°d  re-  to  be  made  and  returned  to  his  office,  and  he  shall  certify  the  return 

cerv-erforthe  Au-  and  plats  of  such  actual  surveys,  so  made,  to  his  office,  to  the  register 

gusta  land    dis-  and  receiver  for  lands  in  the  Augusta  district  for  said  State.    And  the 

survey  or-  general,  and  the  said  register  and  receiver,  shall  regard  these 

claims  and  plats  of  actual  survey,  in  all  respects,  upon  the  same  footing 

with  the  claims  confirmed  as  actually  surveyed  upon  the  ground,  by 

said  act  to  which  this  is  a  supplement,  and  subject  to,  and  entitled  to, 

Proviso  :  when  the  benefits  of  all  the  provisions  of  said  act  :  Provided,  That  if  it  shall 

survey  cannot  be  appear  to  the  surveyor-  general,  from  the  plats  of  actual  survey  already 

returned  to  his  office,  that  any  of  said  claims  cannot  now  be  actually 

surveyed  on  the  ground,  owing  to  their  conflict  with  other  claims  al- 

ready confirmed  as  actually  surveyed  on  the  ground,  by  the  act  to  which 

this  is  a  supplement,  then  it  shall  be  lawful  for  him  to  grant  to  the 

claimant,  so  deprived  of  his  location,  a  warrant,  as  provided  by  the  fourth 

section  of  said  act,  without  causing  the  survey  to  be  made. 

Warrants  is-  SEC.  2.  And  be  it  further  enacted,  That  all  warrants  which  hare  been 
sued  by  the  sur-  heretofore  issued,  or  which  shall  .hereafter  be  issued,  by  the  surveyor- 
s^uthoi^Tennes-  gen.eral  south  of  Tennessee,  under  the  provisions  of  the  original  act  to 
see  under  the  act  which  this  is  a  supplement,  and  under  the  provisions  of  this  act,  be,  and 
to  which  this  is  they  are  hereby,  authorized  to  be  located  upon  any  lands  subject  to  sale 
k  supplem  ent  ,  at  private  entry  in  the  State  of  Mississippi,  in  any  of  the  land  districts 
upon  a%"°lands  in  8aid  State,  in  the  same  manner  that  said  warrants  are  now  authorized 
subject  t<>  private  to  be  located  in  the  Augusta  laud  district,  (a) 


of  ^issiim  <a)  See  N°8'  718'  723«  731'  737'  745-  753-  1067'  1265'  1266-  1268-  127°-  1271'  1275«  1276'  1284' 

1286,  1287,  1292,  1294,  l'29ti,  1299,  ll'OO,  1310,  1318,  1322,  1324,  1333,  1334,  1336,  1386, 
1388. 

Auji.  11.  1848.     No.  1400.—  AN  ACT  for  the  relief  of  Joseph  Perry,  a  Choctaw  Indian,  or  his  as- 

Vol.  9,  p.  75.  signees. 


Joseph    Perry      Be  it  enacted,  $c>,  That  in  lieu  of  section  thirty-five,  of  township 

authorized  to  lo-  twenty-five,  range  six  east,  to  which  Joseph  Perry,  a  Choctaw  Indian, 

cate  one  section  was  entitled,  and  of  which  he  was  deprived  by  operation  of  the  Chick- 

a  section  of  which  asaw  treaty  of  eighteen  hundred  and  thirty-four,  and  the  action  of  the 

he  was  deprived  Government  of  the  United  States,  the  said  Joseph  Perry  or  his  assignees 

by   the    Chicka-  shall  be  entitled  to  locate  one  section  of  land,  in  quantities  not  less 

than  one  quarter-section  by  the  legal  subdivisions,  upon  any  of  the 

public  lands  not  otherwise  appropriated,  subject  to  private  entry. 


Feb.  22,  1849.     No.  1401.-^7OEST  RESOLUTION  for  the  relief  of  John  B.  Xevitt,  of  Adams 
Vol.  9,  p.  791.  County,  Mississippi. 

Commissioner  Resolved,  <$-c.,  That  it  shall  be  the  duty  of  the  Commissioner  of  the 
of  General  Land  General  Land  Office,  within  six  months  after  the  passage  of  this  joint  reso- 
Office  to  cause  a  ]ution,  to  cause  an  accurate  survey  to  be  made  of  certain  unsurveyed lands 
madeV  ofY  certain  ^ ing in  township  seven  and  eight,  of  range  three  west,  in  Adams  County, 
lands  in  Adams  Mississippi,  and  more  particularly  known  as  a  triangular  slip  lying  be- 
County.  tween  the  lands  granted  to  Joseph  Bernard,  and  surveyed  for  his  rep- 

resentatives, in  the  year  eighteen  hundred  and  six,  on  the  north,  and 
the  lands,  marked  on  the  maps  of  the  surveyor-general's  office,  south 
of  Tennessee,  as  Balser  Shillings,  and  now  occupied  and  owned  by  John 


MISSISSIPPI. 


589 


B.  Nevitt  on  the  south  ;  and  when  so  surveyed,  it  shall  be  the  duty  of     And  when  snr- 
the  Commissioner,  as  aforesaid,  to  notify  the  said  John  B.  Nevitt  of  the  ™-™d'  ^°  £**& 
number  of  acres  ascertained  to  be  vacant,  and  if  the  said  Nevitt,  or,  in  of  the  nnmi)er  of 
case  of  his  death,  his  legal  representatives,  shall,  within  six  months  acres  vacant,  and 
next  succeeding  such  notice,  offer  to  pay  to  the  receiver  of  the  land  allow  him  or  his 
office  of  the  district  within  which  said  lands  lie,  one  dollar  and  twenty-  J?|jJ  ^She 
five  cents  per  acre  for  the  same,  it  shall  be  the  duty  of  the  receiver  8ame  atthemin- 
aforesaid  to  accept  such  offer,  and,  on  payment  being  made,  to  give  aimumprice. 
receipt  therefor,  as  in  other  cases  of  land  entries,  and  on  the  presenta- 
tion of  said  receipt  to  the  Commissioner  of  the  General  Land  Office,  he 
shall  cause  a  patent  to  issue,  as  in  all  other  cases  of  lands  paid  for. 


No.  1402.— AN  ACT  granting  a  half-section  of  land  for  the  use  of  schools  within  March  2,  1849. 
fractional  township  nineteen  south,  of  range  eighteen  west,  county  of  Lowndes,  Vol.  9,  p.  768. 
State  of  Mississippi. 

Be  it  enacted,  <$-c.,  That  the  school  commissioners,  or  other  authority,  School  commis- 
having  official  cognizance  over  school  lands  within  fractional  township  siouers  within 
nineteen  south,  of  range  eighteen  west,  State  of  Mississippi,  be,  and  g^^j^gout^of 
they  are  hereby,  authorized  to  select  by  legal  subdivisions,  from  any  of  iange  18  west,  to 
the  public  lands  within  the  said  State  not  otherwise  appropriated,  a  select  one  half- 
quantity  of  land  not  exceeding  one  half -section,  for  the  use  and  sup- section  of  land. 
port  of  schools  within  the  said  fractional  township. 

SEC.  2.  And  be  it  further  enacted,  That  when  the  lands  hereby  author-     How  lands  so 
ized  to  be  selected  shall  have  been  approved  by  the  Secretary  of  the  selected  shall  be 
Treasury,  they  shall  be  held  by  the  inhabitants  of  the  township  herein  held> 
designated  by  the  same  tenure,  and  upon  the  same  terms,  for  the  sup- 
port of  schools  in  the  said  township,  as  if  they  had  been  selected  under 
the  provisions  of  the  general  school  law  of  the  twentieth  of  May,  one 
thousand  eight  hundred  and  twenty -six:  Provided,  nevertheless,  That    Proviso, 
the  said  commissioners,  or  other  authority  mentioned  in  the  first  sec- 
tion of  this  act,  shall  not  be  authorized,  by  any  thing  herein  contained, 
to  select  lands  out  of  the  land  district  in  which  said  fractional  town- 
ship is  situated,  if  there  be  land  within  said  district  applicable  to 
school  purposes  under  the  provisions  of  the  act  of  May  twentieth, 
eighteen  hundred  and  twenty-six,  (a) 

(a)  See  Nos.  1266, 1271, 1275, 1277, 1295, 1298, 1305, 1315, 1339, 1365,  1366, 1375, 1387, 1406, 
1416. 


No.  1403.—  AN  ACT  to  grant  the  right  of  way  to  the  Mobile  and  Ohio 

Company. 

[See  ALABAMA,  No.  1594.] 


Railroad 


March  3,  1849. 
Vol.  9,  p.  772. 


STo.  1404.— AN  ACT  granting  the  right  of  way,  and  making  a  grant  of  land  to  the  Sept.  20,  ] 
States  of  Illinois,  Mississippi,  and  Alabama,  in  aid  of  the  construction  of  a  railroad  Vol.  9,  p. 
from  Chicago  to  Mobile. 

[See  ILLINOIS,  No.  432.] 


1850. 
555. 


No.  1405.—  AN  ACT  making  appropriations  for  the  current  and  contingent  ex-     Sept.  30,  1850. 
penses  of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  various     Vol.  9,  p.  544. 
Indian  tribes,  for  the  year  ending  June  the  thirtieth,  one  thousand  eight  hundred 
and  fifty-one. 


To  the  Choctaws.  —  For  interest  on  the  amounts  awarded  Choctaw  claim-  Chootaws. 
ants,  under  the  fourteenth  article  of  the  treaty  of  Dancing  Rabbit 
Creek,  of  September  twenty-seventh,  eighteen  hundred  and  thirty,  for 
lands  on  which  they  resided,  but  which  it  is  now  impossible  to  give 
them,  and  in  lieu  of  the  scrip  that  has  been  awarded  under  the  act  of 
August  twenty  -fourth,  eighteen  hundred  and  forty-two,  and  joint  reso- 
lution of  Congress  of  August  third,  eighteen  hundred  and  forty  six,  not 
deliverable  east  by  the  third  section  of  said  law,  per  act  of  March  third, 
eighteen  hundred  and  forty-five,  eighty-seven  thousand  two  hundred 
dollars,  (a) 


(a)  See  Nos.  1368,  1371,  1372,  1380,  1389,  1392,  1395,  1407,  1409,  1411. 


590  MISSISSIPPI. 


May  19,  1852.     No.  1406  —  AX  ACT  to  authorize  (he 
the  lands  heretofore  appropriated  f 
and  approve  the  sales  already  made. 


o  authorize  (he  legislature  of  the  State  of  Mississippi  to  sell 

Vol.  10,  p.  6.  the  lands  heretofore  appropriated  for  the  use  of  schools  in  that  State,  and  to  ratify 

alread    made. 


Sale  or  leasing     Be  it  enacted,  $c.,  That  the  legislature  of  the  State  of  Mississippi  shall 

of   schp      lands  be,  and  is  hereby  authorized  to  sell  and  convey  in  fee-simple,  or  lease. 

tho7ized.81P     tU~  for  a  term  of  years>  as  the  said-  legislature  may  deem  best,  all  or  any 

part  of  the  lands  heretofore  reserved  and  appropriated  by  Congress  for 

the  use  of  schools  within  said  State,  and  to  invest  the  money  arising 

from  said  sales,  as  said  legislature  may  direct,  for  the  use  and  support 

of  schools  within  theseveral  townships  and  districts  of  country  for  which 

they  were  originally  reserved  and  set  apart,  and  for  no  other  use,  or 

Proviso.  purpose  whatsoever  :  Provided,  Said  lands  or  any  part  thereof,  shall,  in 

no  case  be  sold  or  leased  without  the  consent  of  the  inhabitants  of  such 
township  or  district  to  be  obtained  in  such  manner  as  the  legislature  of 

Proviso.  said  State  may  by  law  direct  :  And  provided  further,  That  in  all  cases, 

the  money  arising  from  the  sales  of  lands  within  a  particular  township 
and  district,  shall  be  appropriated  to  the  use  of  schools  within  that 
township  and  district. 

Former  sales  SEC.  2.  And  be  it  further  enacted,  That  sales  heretofore  made  by  the 
authority  of  the  legislature  of  the  State  of  Mississippi  of  lands  reserved 
and  appropriated  as  aforesaid,  are  hereby  ratified  and  approved  in  the 
same  manner  and  to  the  same  extent,  as  if  this  act  had  been  in  force  at 
the  time  of  said  sales,  (a) 

(a)  See  Xos.  1266,  1271,  1275,  1277,  1295,  1298,  1305,  1315,  1339,  1365,  1366,  1375,  1337,  1402, 
1416. 

July  21,  1852.      No.  14  07.—  AX  ACT  to  supply  deficiencies  in  the  appropriations  for  the  service  of 
Vol.  10,  p.  19.     .       the  fiscal  year  ending  the  thirtieth  of  June,  one  thousand  eight  hundred  and  fifty- 
-        two. 

***#**» 

Cboctaw  claim-     For  interest  on  the  amounts  awarded  Choctaw  claimants,  under  the 

ants  under  treaty  fourteenth  article  of  the  treaty  of  Dancing  Rabbit  Creek,  of  twenty- 

bit  GreeT  seventh  of  September,  eighteen  hundred  and  thirty,  for  lands  on  which 

they  resided,  but  which  it  is  impossible  to  give  them,  aud  in  lieu  of 

the  scrip  that  has  been  awarded    under  the  act  of  twenty-third  of 

August,  eighteen  hundred  and  forty-two,  not  deliverable  east,  by  the 

third  section  of  said  law,  per  act  of  third  March,  eighteen  hundred  and 

forty-five,  for  the  half-year  ending  thirtieth  of  June,  eighteen  hundred 

and  fifty-two,  twenty-one  thousand  eight  hundred  dollars:  Provided. 

Proviso  as  to  That  after  the  thirtieth  day  of  June,  eighteen  hundred  and  fifty-two, 

interest.  aj}  payments  of  interest  on  said  awards  shall  cease,  and  that  the  "Secre- 

tary of  the  Interior  be,  and  he  is  hereby  directed  to  pay  said  claimants 

the  amount  of  principal  awarded  in  each  case  respectively,  and  that  the 

amount  necessary  for  this  purpose  be,  and  the  same  is  hereby  appro- 

priated, not  exceeding  eight  hundred  and  seventy  -two  thousand  dollars: 

Proviso.  Provided,  further,  That  the  final  payment  and  satisfaction  of  said  awards 

shall  be  first  ratified  and  approved  as  a  final  release  of  all  claims  of  such 

parties  under  the  fourteenth  article  of  said  treaty,  by  the  proper  na- 

tional authority  of  the  Choctaws,  in  such  form  as  shall  be  prescribed 

by  the  Secretary  of  the  Interior,  (a) 

*  ****** 

(a)  See  Xos.  1368,  1371,  1372,  1380,  1389,  1392,  1395,  1405,  1409,  1411. 


Aug.  2,  1852.       No.  J  408.— AX  ACT  to  protect  actual  settlers  upon  the  land  on  the  line  of  the  Cen- 
Yol.  10,  p.  27.  tral  Railroad  and  branches,  by  granting  preemption  rights  thereto. 


[See  ILLINOIS,  No.  433]. 

Aug.  30,  1852.     Wo.  1409. — AX  ACT  making  appropriation  for  the  current  and  contingent  expenses 
Vol.  10,  p.  42.         of  the  Indian  Department,  and  for  lulfilJiug  treaty  stipulations  with  various  Indian 

tribes,  for  the  year  endiug  June  thirtieth,  one  thousand  eight  hundied  and  nfty- 

three. 

*  *  *  *  *  *  * 

Appropriation     For  interest  on  the  amounts  awarded  Choctaw  claimants  under  the 
for  interest          fourteenth  article  of  the  treaty  of  Dancing  Rabbit  Creek  of  the  twenty- 
seventh  of  September,  eighteen  hundred  and  thirty,  from  the  first  of 
July,  eighteen  hundred  and  fifty-two  to  the  date  of  the  passage  of  the 
act  entitled  "An  act  to  supply  deficiencies  in  the  appropriations  for  the 


MISSISSIPPI  591 

service  of  the  fiscal  year  ending  the  thirtieth  of  June,  eighteen  hundred 
and  fifty-two,"  a  sum  not  exceeding  two  thousand  dollars:  Provided,     claims  of  cer- 
That  the  Secretary  of  the  Interior  be,  and  he  hereby  is,  authorized  to  tain  Choctaws  to 
examine  the  reservation  claims  of  the  Choctaws,  known  as  Bay  Indians,  be  examined, 
and  of  those  Choctaws  in  whose  cases  the  scrip  awarded  by  the  late 
board  of  commissioners  has  not  been  issued ;  and  where  he  shall  find 
that  such  Indians  are  clearly  entitled  to  land  under  the  fourteenth  arti- 
cle of  the  treaty  of  eighteen  hundred  and  thirty,  and  under  the  several 
acts  heretofore  passed  in  relation  to  such  claims,  he  is  hereby  authorized 
to  extend  to  such  claimants  the  provisions  applicable  to  such  claims  in 
the  acts  of  twenty-third  August,  eighteen  hundred  and  forty-two,  and 
of  third  March,  eighteen  hundred  and  forty-five,  (a) 

****** 
(a)  See  Nos.  1368,  1371,  1372, 1380, 1389, 1392, 1395, 1405, 1407, 1411. 


No.  1 410.— AN  ACT  making  appropriations  for  the  civil  and  diplomatic  expenses  March  3,  1853. 
of  Government  for  the  year  ending  the  thirtieth  of  June,  eighteen  hundred  and  Vol.  10,  p.  189. 
fifty-four. 


SEC.  19.  And  be  it  further  enacted,  That  whenever  the  land  office  at     Land  office  at 
Pontotoc,  Mississippi,  shall  be  discontinued,  the  records  and  files  thereof  Pontotoc,  Missis- 
shall  be  placed  in  the  possession  of  the  clerk  of  the  United  States  dis- 81ppl> 
trict  court  for  the  northern  district  of  Mississippi,  who  is  hereby  made 
keeper  of  the  same,  and  authorized  to  perform  all  the  duties  now  con- 
ferred upon  the  register  and  receiver,  and  shall  receive  for  his  services 
therefor  a  sum  not  exceeding  five  hundred  dollars  per  annum,  (a) 
******* 

(a)  See  Nos.  731,  1266, 1272, 1275, 1279, 1298, 1305, 1310, 1315, 1328,  1349,  1355,  1363,  1373. 


No.  1411. — AN  ACT  making  appropriations  for  the  current  and  contingent  expenses  March  3, 1853. 
of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  various  Indian  Vol.  10,  p.  227. 
tribes,  for  the  year  ending  June  thirty,  one  thousand  eight  hundred  and  fifty-four.  . 


That  the  authority  of  the  Secretary  of  the  Interior  to  examine  the 
claims  of  Choctaws  to  reservations  of  land  under  the  treaty  of  eighteen 
hundred  and  thirty  shall  extend  to  all  cases  recommended  by  either  of 
the  boards  of  commissioners  appointed  to  examine  said  claims,  and  his 
awards  in  scrip  shall  be  received  by  them  in  full  satisfaction  of  all  their 
claims  against  the  Government  arising  under  said  treaty,  and  the  scrip     Scrip     receiy- 
thus  awarded  shall  be  received  as  other  warrants  in  payment  for  any  able  for   public 
public  lands  subject  to  sale  at  private  entry,  (a) 

*  *****  •» 

(a)  See  Nos.  1368, 1371, 1372, 1380, 1389, 1392, 1395, 1405, 1407, 1409. 

No.  1412.— AN  ACT  to  confirm  the  claim  of  Dusuan  de  la  Croix  to  a  lot  of  land    July  24,  1854. 
therein  described.  Vol.  10,  p.  788. 


Whereas  in  the  supplemental  report  of  the  register  and  receiver  at  preamble. 
Jackson  Courthouse,  dated  twenty- ninth  of  December,  eighteen  hun- 
dred and  twenty,  communicated  to  the  Senate  twenty-third  of  Febru- 
ary, eighteen  hundred  and  twenty-one,  it  is  stated  that  claim  number 
four,  in  said  report,  was  "  inadvertently  omitted  in  the  general  report" 
made  on  the  eleventh  of  July,  eighteen  hundred  and  twenty,  and  pre- 
sented to  the  Senate  the  seVenteenth  of  November,  same  year ;  and 
whereas,  it  is  considered  by  the  Commissioner  of  the  General  Land  Office 
that,  by  reason  of  said  omission,  the  said  claim  is  not  entitled  to  the 
confirmation  contained  in  the  act  of  eighth  of  May,  eighteen  hundred 
and  t  wenty-two,  confirming  the  general  report  of  eighteen  hundred  and 
twenty : 

Be  it  enacted,  #c.,  That  claim  number  four,  in  the  supplemental  report  Land 
hereinbefore  referred  to,  be,  and  the  same  is  hereby,  confirmed  to  Dusuan 
de  la  Croix,  his  legal  representatives  and  assigns,  according  to  the  Span- 
ish survey  referred  to  in  said  claim,  as  fully,  in  like  manner,  and  to  same 
effect,  as  if  said  claim  had  been  confirmed  to  said  Dusuan  de  la  Croix, 
his  legal  representatives,  and  assigns,  by  the  act  of  eighteen  hundred 
and  twenty-two  aforesaid :  Provided,  That  this  grant  and  confirmation 
shall  amount  only  to  a  relinquishment,  on  the  part  of  the  United  States, 
of  all  its  right  and  title  to  the  lot  of  land  hereby  granted  and  confirmed. 


592  MISSISSIPPI. 

Aug.  4,1854. 
Vol.  10,  p.  821. 


Aug.  4,1854.  No.  1 41 3.— AX  ACT  for  the  relief  of  Rosalie  Caxillo. 

17  li 


Be  it  enacted,  $-c.,  That,  upon  the  relinquishment  by  Rosalie  Caxillo 
Rosalie  Caxillo  and  her  children  (being  the  widow  and  heirs  of  Jose  Caxillo,  late  of 
surrender  a  lot  Mi88ib8iPPO  of  their  right,  title,  and  interest,  in  and  to  a  certain  quarter- 
of  land  and  take  section  of  land  granted  by  Congress  to  the  said  Jose  Caxillo,  for  his 
another.  relief  and  indemnity,  it  shall  be  the  duty  of  the  proper  officers  of  the 

Government  to  issue  to  the  said  Rosalie  a  warrant  for  one  quarter-sec- 
tion of  land,  to  be  located  on  any  land  belonging  to  the  Government, 
subject  to  private  entry,  in  the  Augusta  land  district  of  Mississippi,  (a) 

(a)  See  No.  1393. 

Aug.  11,  1856.  No.  1414.— AN  ACT  granting  public  lands  in  alternate  sections  to  the  State  of 
Vol.  11,  p.  30.  Mississippi  to  aid  in  the  construction  of  railroads  in  said  State,  and  for  other  pur- 
poses. 


Grant  of  land      Be  it  enacted,  #c.,  That  there  be,  and  is  hereby,  granted  to  the  State 

to  Mississippi  for  of  Mississippi,  for  the  purpose  of  aiding  in  the  construction  of  railroads 
from  Jackson  to  the  line  between  the  State  of  Mississippi  and  the 
State  of  Alabama ;  from  Tuscaloosa  to  the  Mobile  Railroad  within 
Mississippi ;  and  from  Brandon  to  the  Gulf  of  Mexico,  every  alternate 
section  of  land  designated  by  even  numbers ;  for  six  sections  in  width 
Grant  in  lieu  on  each  side  of  each  of  said  roads.  But  in  case  it  shall  appear  that  the 

of  sections  sold  United  States  have,  when  the  lines  or  routes  of  said  roads  are  definitely 
empted.  fcxed,  sold  any  sections  or  any  parts  thereof  granted  as  aforesaid,  or 
that  the  right  of  preemption  has  attached  to  the  same,  then  it  shall  be 
lawful  for  any  agent  or  agents,  to  be  appointed  by  the  governor  of  said 
State,  to  select,  subject  to  the  approval  of  the  Secretary  of  the  Interior, 
from  the  lands  of  the  United  States  nearest  to  the  'tiers  of  sections 
above  specified,  so  much  land  in  alternate  sections  or  parts  of  sections 
as  shall  be  equal  to  such  lands  as  the  United  States  shall  have  sold  or 
otherwise  appropriated,  or  to  which  the  right  of  preemption  has  at- 
tached as  aforesaid ;  which  lands  (thus  selected  in  lieu  of  those  sold, 
and  to  which  pre-emption  rights  have  attached  as  aforesaid,  together 
with  the  sections  and  parts  of  sections  designated  by  even  numbers  as 
aforesaid,  and  appropriated  as  aforesaid)  shall  beheld  by  the  said  State 
for  the  use  and  purpose  aforesaid  :  Provided,  That  the  lands  to  be  so  lo- 
cated shall  in  no  case  be  further  than  fifteen  miles  from  the  lines  of  said 
Application  of  roads,  and  selected  for,  and  on  account  of  each  of  said  roads  :  Provided 

said  lands.  further,  That  the  lands  hereby  granted  shall  be  exclusively  applied  in 

the  construction  of  that  road  for  and  on  account  of  which  said  lands 
are  hereby  granted,  and  shall  be  disposed  of  only  as  the  work  pro- 
gresses, and  the  same  shall  be  applied  to  no  other  purpose  whatsoever: 
Act  not  to  ap-  And  provided  further,  That  any  and  all  lands  heretofore  reserved  to  the 

ply  (except  as  to  United  States  by  any  act  of  Congress,  or  in  any  other  manner,  bv  com- 

•ightof  way;  to  petent  authority,  for  the  purpose  of  aiding  in  any  object  of  internal 
improvement,  or  for  any  other  purpose  whatsoever,  be  and  the  same  are 
hereby  reserved  to  the  United  States  from  the  operation  of  this  act,  ex- 
cept so  far  as  it  may  be  found  necessary  to  locate  the  routes  of  said  rail- 
roads through  such  reserved  lands,  in  which  case,  the  right  of  way  only 
shall  be  granted,  subject  to  the  approval  of  the  President  of  the  United 
States,  (a) 
Price  of  alter-  SEC.  2.  And  ~be  it  further  enacted,  That  the  sections  and  parts  of  sec- 

nate  s  ections  tions  of  land  which,  by  such  grant,  shall  remain  to  the  United  States, 

doubled.  within  six  miles  on  each  side  of  said  roads,  shall  not  be  sold  for  less 

than  double  the  minimum  price  of  the  public  lands  when  sold ;  nor  shall 

any  of  the  said  lands  become  subject  to  private  entry  until  the  same 

have  been  first  offered  at  public  sale  at  the  increased  price.  (&) 

Disposal  of  said     SEC.  3.  And  l)e  it  further  enacted,  That  the  said  lands  hereby  granted 

lands.  to  the  said  State,  shall  be  subject  to  the  disposal  of  the  legislature  there- 

Railroads  to  be  Of}  for  the  purpose  aforesaid  and  no  other;  and  the  said  railroads  shall 

fo^government17  be  and  remain  public  highways  for  the  use  of  the  Government  of  the 
United  States,  free  from  toll  or  other  charge  upon  the  transportation  of 
any  property  or  troops  of  the  United  States. 
Disposal  of  said      SEC.  4.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to  the 

lands.  8aid  state  shall  be  disposed  of  by  said  State  only  in  manner  following, 

that  is  to  say  :  That  a  quantity  of  land  not  exceeding  one  hundred  and 
twenty  seciions  for  each  of  said  roads,  and  included  within  a  continu- 
ous length  of  twenty  miles  of  each  of  said  roads,  may  be  sold  ;  and  when 
the  governor  of  said  State  shall  certify  to  the  Secretary  of  the  Interior 
that  any  continuous  twenty  miles  of  either  of  said  roads  is  completed, 


MISSISSIPPI.  593 

•then  another  like  quantity  of  land  hereby  granted,  not  exceeding  one 
hundred  and  twenty  sections  for  such  road  may  be  sold  ;  and  so  from 
time  to  time  until  said  roads  are  completed  ;  and  if  said  roads  are  not 
completed  within  ten  years  no  further  sales  shall  be  made,  and  the  lands 
unsold  shall  revert  to  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  the  United  States  mail  shall     Transportation 
be  transported  over  said  railroads,  under  the  direction  of  the  Post-Office  of  mails- 
Department,  at  such  price  as  Congress  may,  by  law,  direct :  Provided, 
That  until  such  price  is  fixed  by  law,  the  Postmaster-General  shall  have 
the  power  to  determine  the  same. 

SEC.  6.  And  be  it  further  enacted,  That  a  like  grant  to  the  same  extent,     Similar    grant 
and  on  the  same  terms  and  conditions  in  all  respects,  is  hereby  made  to  for  a  railroad 
aid  in  constructing  a  railroad  from  the  city  of  Mobile  to  New  Orleans,  tjom  Mobile  to 
such  grant  to  be  made  to  the  several  States  through  which  said  road 
shall  pass,  so  far  as  said  road  is  within  their  respective  limits,  (a) 

(a)  See  Nos.  432,  1403, 1404, 1418. 

(6)  See  ISTos.  38,  59,  433, 1266,  1267, 1273, 1274,  1275, 1276, 1277, 1279, 1231, 1288. 1292. 1293, 
1298, 1301, 1305, 1315, 1323, 1327,  1336, 1361, 1382,  1391,  1408,  1416, 1417. 

No.  1415. — A.N  ACT  to  settle  certain  accounts  between  the  United  States  and  the     March  3  1857. 
State  of  Mississippi  and  other  States.  Vol.  n,  p.  200. 

Be  it  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office     s  ,,, 1 — * 

be  and  he  is  hereby  required  to  state  an  account  between  the  United  accounts    with 
States  and  the  State  of  Mississippi,  for  the  purpose  of  ascertaining  what  Mississippi   for 
sum  or  sums  of  money  are  due  to  said  State,  heretofore  unsettled,  on  lands, 
account  of  the  public  lauds  in  said  State,  and  upon  the  same  principles  of 
allowance  and  settlement  as  prescribed  in  the  "Act  to  settle  certain  ac- 
counts between  the  United  States  and  the  State  of  Alabama,"  approved 
the  second  March,  eighteen  hundred  and  fifty-five  ;  and  that  he  be  re- 
quired to  include  in  said  account  the  several  reservations  under  the 
various  treaties  with  the  Chickasaw  and  Choctaw  Indians  within  the 
limits  of    Mississippi,  and  allow  and  pay  to  the  said  State  five  per 
centum  thereon,  as  in  case  of  other  sales,  estimating  the  lands  at  the 
value  of  one  dollar  and  twenty-five  cents  per  acre,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  the  said  Commissioner  shall    And  with  other 
also  state  an  account  between  the  United  States  and  each  of  the  other  States. 
States  upon  the  same  principles,  and  shall  allow  and  pay  to  each  State 
such  amount  as  shall  thus  be  found  due,  estimating  all  lauds  and  per- 
manent reservations  at  one  dollar  and  twenty-five  cents  per  acre. 

(a)  See  Nos.  1015, 1266, 1303, 1314, 1340, 1366, 1374, 1382, 1398. 

No.  1416.— AN  ACT  for  the  relief  of  certain  actual  settlers  and  cultivators  who  pur-     March  3, 1857. 
chased  lands  subject  to  graduation,  within  the  limits  of  the  Choctaw  cession  of    Vol.  11,  p.  248. 

eighteen  hundred  and  thirty,  at  a  less  rate  than  the  true  graduated  price,  under  the 

"Act  to  graduate  and  reduce  the  price  of  the  public  lands  to  actual  settlers  and 
cultivators,"  approved  the  fourth  of  August,  -eighteen  hundred  and  fifty -four,  and 
for  other  purposes. 

Be  it  enacted  <fc.,  That  any  person  or  persons  who  may  have  entered,     Relief  of  bona- 
in  good  faith,  lands  .subject  to  graduation  within  the  limits  of  the  fide    settlers  on 
Choctaw  cession  of  eighteen  hundred  and  thirty,  before  the  correct  sf0en 
graduation  lists  had  been  received  at  the  local  land  offices,  at  a  less  rate 
than  the  true  graduation  price,  and  who  settled  upon  and  improved  the 
lands  entered,  or  who  entered  the  same  for  the  benefit  of  an  adjoining 
farm,  and  who  continue  to  occupy  the  same,  shall  be  entitled  (provided 
the  entries  are  regular  in  all  respects)  to  receive  patents  for  the  lands 
so  entered,  settled  upon,  and  occupied,  without  any  additional  payment 
being  required  of  them,  upon  their  making  the  proof  required  by  the 
circulars  from  the  General  Land  Office,  dated  the  twenty-third  of  Jan- 
uary and  the  seventh  of  April,  eighteen  hundred  and  fifty-six,  any  law 
to  the  contrary  notwithstanding  :  Provided,  That  no  proof  shall  be  re- 
quired which  is  not  necessary  to  carry  into  effect  the  provisions  of 
this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  act  of  May  nineteen,  one  Act  of  1852. 
thousand  eight  hundred  and  fifty-two,  entitled  "An  act  to  authorize  the  respectingscbool 
legislature  of  the  State  of  Mississippi  to  sell  the  lands  heretofore  ap-  JJJJJJ  ^ apSlvto 
propriated  for  the  use  of  schools  in  that  State,  and  to  ratify  and  ap-  those  heretofore 
prove  the  sales  already  made,"  be  so  construed  as  to  apply  to  lands  reserved, 
heretofore  reserved  for  school  purposes  in  the  State  of  Mississippi,  (a) 

(a)  See  Nos.  36,  59,  433,  1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279, 1281, 1288, 1292,  1293, 
1298, 1301, 1305, 1^15, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1417. 

38  L  o — VOL  ii 


594  MISSISSIPPI. 

June  11,  1858.    No.  1417.— AN  ACT  for  the  relief  of  certain  purchasers  of  lands  within  the  limits 
Vol.  11,  p.  314.  of  the  Choctaw  cession  of  eighteen  hundred  and  thirty. 


Commissioner     Be  it  enacted,  <$-c.,  That  the  Commissioner  of  the  General  Land  Office J 
of  General  Land  be  authorized,  and  he  is  hereby  required,  to  cause  patents  to  be  issued 
catentsto  beis6011  *U   certi.ncate8  for  entries  made  within  the  limits  of  the  Choctaw 
sued  in  certain  cession  of  eighteen  hundred  and  thirty,  at  less  than  the  true  gradua- 
cases.  tion  price,  which  were  issued  prior  to  the  reception,  by  the  local  land 

officers,  of  the  true  graduation  lists,  where  such  certificates  and  entries 
are  regular  in  all  other  respects;  any  law  to  the  contrary  notwithstand- 
ing, (a) 

(a)  See  Nos.  36, 59,  433, 1266, 1267, 1273, 1274, 1275, 1276, 1277, 1279,  1281,  1288,  1292,  1293, 
1298, 1301,  1305, 1315, 1323, 1327, 1336, 1361, 1382, 1391, 1408, 1414, 1416. 


Feb.  18, 1859. .         No.  1418.-AN  ACT  for  the  relief  of  the  Mobile  and  Ohio  Railroad  Company. 
YoL11>p'384-  ISee  ALABAMA,  No.  1616.] 


May  9,  1860.       No.  1419.— AN  ACT  to  authorize  the  issuance  of  patents  in  the  name  of  James  S. 
VoL  12,  p.  840.  Douglass,  upon  certain  land  entries  made  at  Chockchnma,  Mississippi. 


Patents  for     Be  it  enacted,  fa.,  That  the  Commissioner  of  the  General  Land  Office 
land  in  Missis-  be,  and  he  is  hereby,  authorized  to  cancel  the  patents  heretofore  issued 
sippi  to  issue  to  to  James  S.  Coleman  upon  land  entries  number  three  thousand  one  hun- 
b.  u    ig.  ^^  and  forty.eight,  three  thousand  one  hundred  and  forty-nine,  three 
thousand  one  hundred  and  fifty,  three  thousand  one  hundred  and  fifty- 
one,  three  thousand  one  hundred  and  fifty-two,  and  three  thousand  one 
hundred  and  fifty-three,  made  on  the  thirty-first  March,  eighteen  hun- 
dred and  thirty-five,  in  the  former  Chockchuma  district,  Mississippi; 
and  that  said  Commissioner  be,  and  he  is  hereby,  authorized  and  di- 
rected to  issue  patents  for  the  lands  embraced  by  said  entries  to  James 
S.  Douglass,  senior,  in  whose  name  said  entries  ought  to  have  been  car- 
ried upon  the  records,  by  the  land  officers  at  Chockchuma. 


ALABAMA. 


Wo.  1420.— AN  ACT  for  an  amicable  settlement  of  limits  with  the  State  of  Georgia,     April  7, 1798. 
and  authorizing  the  establishment  of  a  government  in  the  Mississippi  Territory.         VoL  1,  p.  549. 

[See  MISSISSIPPI,  No.  1264.] 


Wo.  1 421  .—AN  ACT  supplemental  to  the  act  intituled  "An  act  for  an  amicable  set-  May  10,  1800. 

tlement  of  limits  with  the  State  of  Georgia ;  and  authorizing  the  establishment  of  a  Vol.  2,  p.  69. 
government  in  the  Mississippi  Territory."                                                                       ___________ 

[See  MISSISSIPPI,  No.  1265.] 

No.  1422.— AN  ACT  regulating  the  grants  of  land,  and  providing  for  the  disposal  March  3, 1803. 

of  the  lands  of  the  United  States,  south  of  the  State  of  Tennessee.  Vol.  2,  p.  229. 

[See  MISSISSIPPI,  No.  1266.] 


No.  1423.— AN  ACT  supplementary  to  the  act  intituled  "An  act  regulating  the 
grants  of  laud,  and  providing  for  the  disposal  of  the  lands  of  the  United  States, 
south  of  the  State  of  Tennessee." 

[See  MISSISSIPPI,  No.  1268.] 


March  27, 1804. 
VoL  2,  p.  303. 


No.  1424.— AN  ACT  further  to  amend  an  act,  intituled  "An  act  regulating  the 
grants  of  land ;  and  providing  for  the  disposal  of  the  lands  of  the  United  States, 
south  of  the  State  of  Tennessee." 

[See  MISSISSIPPI,  No.  1270.] 


March  2, 1805. 
Vol.  2,  p.  323. 


No.  1425.— AX  ACT  supplemental  to  an  act,  intituled  "An  act  regulating  the 
grants  of  land,  and  providing  for  the  disposal  of  the  lands  of  the  United  States, 
south  of  the  State  of  Tennessee." 

[See  MISSISSIPPI,  No.  1274.] 


Jan.  19,  1808. 
Vol.  2,  p.  455. 


•No.  1426.— AN  ACT  for  the  disposal  of  certain  tracts  of  land  in  the  Mississippi 
Territory,  claimed  under  Spanish  grants,  reported  by  the  land  commissioners  as 
antedated,  and  to  confirm  the  claims  of  Abraham  Ellis  and  Daniel  HarregaL 

[See  MISSISSIPPI,  No.  1276.] 


Feb.  28, 1809. 
VoL  2,  p.  526. 


No.  1 427.— A  PKOCLAMATION  by  the  President  of  the  United  States  of  America     Oct.  27,  1810. 
respecting  taking  possession  of  part  of  Louisiana.  VoL  11,  p.  761. 

[See  LOUISIANA,  No.  707.] 


No.  1428— AN  ACT  providing  for  the  removal  of  the  land  office  established  at     Feb.  25, 1811. 
Nashville,  in  the  State  of  Tennessee,  and  Canton  in  the  State  of  Ohio;  and  to     Vol.2,  p.  649. 

authorize  the  register  and  receiver  of  public  monies  to  superintend  the  public  sales 

of  land  in  the  district  east  of  Pearl  River. 

[Land  office  at  Nashville  to  be  removed  to  some  place  in  the  Missis- 
sippi Territory.  Sales  of  public  lands  in  the  district  east  of  Pearl  River ; 
by  whom  to  be  conducted.  See  Mississippi,  No.  1279.] 

595 


596  ALABAMA. 

Dec.  12,  1811.      No.  1429.— AX  ACT  allowing  further  time  for  completing  the  payments  on  certain 
Vol.  2,  p.  668.  lands  held  by  right  of  pre-emption,  in  the  Mississippi  Territory. 


[See  MISSISSIPPI,  No.  1281.] 


April  25,  1812.    No.  1430.— AN  ACT  for  ascertaining  the  titles  and  claims  to  lands  in  that  part  of 
Vol.  2,  p.  713.        the  Louisiana  which  lies  east  of  the  river  Mississippi  and  island  of  New  Orleans. 


[See  LOUISIANA,  No.  718.] 


May  14,  1812.          No.  143 1.— AN  ACT  to  enlarge  the  boundaries  of  the  Mississippi  Territory. 

—      >p' '—      [Territory  east  of  Pearl  River,  west  of  the  Perdido,  and  south  of  the 

31st  degree  of  latitude  annexed  to  Mississippi  Territory.    See  MISSIS- 
SIPPI, No.  1285.] 


June  30, 1812.     No.  1432.— AN  ACT  confirming  claims  to  lands  in  the  Mississippi  Territory,  founded 
Vol.  2,  p.  765.  on  warrants  of  survey  granted  by  the  British  or  Spanish  Government. 


[See  MISSISSIPPI,  No.  1286.] 


July  5, 1812.  No.  1433.— AN  ACT  confirming  grants  to  lands  in  the  Mississippi  Territory  de- 
Vol.  2,  p.  776.  rived  from  the  British  Government  of  West  Florida,  not  subsequently  regranted 
— .  by  the  government  of  Spain  or  of  the  United  States. 


[See  MISSISSIPPI,  No.  1287.] 


Feb.  12, 1813.  No.  1434.— AN  ACT  authorizing  the  President  of  the  United  States  to  take  posses- 
Vol.  3,  p.  472.  sion  of  a  tract  of  country  lying  south  of  the  Mississippi  Territory  and  west  of  the 
river  Perdido. 


[See  MISSISSIPPI,  No.  1290.] 


March  31, 1814.    No.  1435.— AN  ACT 
Vol.  3,  p.  116.  lie  lands  in  the  Mississippi  Territory. 

[See  MISSISSIPPI,  No.  1292.] 


April  18, 1814.     No.  1436.— AN  ACT  extending  relief  to  certain  purchasers  of  public  lands  in  the 
Vol.  3,  p.  130.  Mississippi  Territory. 


[See  MISSISSIPPI,  No.  1293.] 


April  18, 1814.  Bfo.  1437.— AN  ACT  supplemental  to  an  act,  entitled  "  An  act  for  ascertaining  the 
Vol.  3,  p.  137.  titles  and  claims  to  lands  in  that  part  of  Louisiana  which  lies  east  of  the  river  Mis- 
sissippi  and  island  of  New  Orleans." 


[See  LOUISIANA,  No.  723.] 


Jan.  23,  1815.     No.  1438.- AN  ACT  supplementary  to  the  act,  entitled  "An  act  providing  for  the 
Vol.  3,  p.  192.        indemnification  of  certain  claimants  of  public  lands  ia  the  Mississippi  Territory." 

[See  MISSISSIPPI,  No.  1296.] 


March  3,  1815.    No.  1439.—  AN  ACT  further  supplementary  to  an  act,  entitled  "An  act  providing 
Vol.  3,  p.  235.         for  the  indemnification  of  certain  claimants  of  public  lands  in  the  Mississippi  Tern- 
tory." 

[See  MISSISSIPPI,  No.  1299.] 


April  20,  1816.  No.  1 440.— AN  ACT  further  supplementary  to  the  act,  entitled  "An  act  providing 
Vol.  3,  p.  294.  for  the  indemnification  of  certain  claimants  of  public  lands  in  the  Mississippi  Ter- 
ritory." 

[See  MISSISSIPPI.  No.  1300.] 


ALABAMA.  597 

UTo.  1441  .—AN  ACT  for  the  relief  of  certain  purchasers  of  public  lands  in  the  Mis-  April  24,  1816. 

sissipi  Territory.  V  ol.  3,  p.  300. 

[See  MISSISSIPPI,  No.  1301.] 


No.  1442.— AN  ACT  for  the  relief  of  Thomas  H.  Boyle.  April  27, 1816. 

Beit  enacted,  fc.,  That  Thomas  H.  Boyle,  or  his  legal  representatives,     Yo1- ^ P- 169- 
be  authorized  to  enter  with  the  register  of  the  land  office,  without  pay-     Allowed  to  en- 
ment,  twelve  hundred  and  eighty  acres  of  land,  including  his  settlement  ter  a  tract  of  land 
in  the  Mississippi  Territory,  and  on  return  being  made  to  the  Commission-  without  pay- 
[er]  of  the  General  Land  Office,  a  patent  shall  issue  as  in  other  cases. 
####### 

No.  1443.— AN  ACT  to  establish  a  separate  Territorial  government  for  the  eastern     March  3, 1817. 
part  of  the  Mississippi  Territory.  Vol.  3,  p.  371 . 

Be  it  enacted,  $-c.,  That  all  that  part  of  the  Mississippi  Territory  which  : — - 

lies  within  the  following  boundaries,  to  wit:   beginning  at  the  point  the  Mississippi 
where  the  line  of  the  thirty-first  degree  of  north  latitude  intersects  the  Territory  de- 
Perdido  River,  thence  east  to  the  western  boundary  line  of  the  State  of  scribed,  to  form 
Georgia,  thence  along  said  line  to  the  southern  boundary  line  to  the  caUe^AlYbarn^! 
State  of  Tennessee,  thence  west  along  said  boundary  line  to  the  Tennes- 
see River,  thence  up  the  same  to  the  mouth  of  Bear  Creek,  thence  by  a 
direct  line  to  the  northwest  corner  of  Washington  County,  thence  due 
south  to  the  Gulf  of  Mexico,  thence  eastwardly,  including  all  the  islands 
within  six  leagues  of  the  shore,  to  the  Perdido  River,  and  thence  up  the 
same  to  the  beginning,  shall,  for  the  purpose  of  a  temporary  government, 
constitute  a  separate  Territory,  and  be  called  "Alabama." 

*  *  #  *  *  #  * 

SEC.  5.  And  ~be  it  further  enacted,  That  this  act  shall  commence  and     Time  at  which 
be  in  force,  so  soon  as  the  convention,  the  appointment  whereof  has  this  a°t  8hall 
been  authorized  by  Congress  at  their  present  session,  shall  have  formed  SS7<S?ce°&e 
a  constitution  and  State  government,  for  that  part  of  the  Mississippi  Ter- 
ritory lying  west  of  the  Territory  herein  described ;  of  which  act  of  con- 
vention the  governor  of  the  Mississippi,  for  the  time  being,  shall  give 
immediate  notice  to  the  President  of  the  United  States,  who  shall  there- 
upon forthwith  proceed  to  the  execution  of  the  powers  vested  in  him  by 
the  second  section  of  this  act ;  but  in  case  said  convention  shall  fail  to 
form  a  constitution  and  State  government,  as  aforesaid,  then  this  act 
shall  become  null  and  void,  except  so  far  as  relates  to  the  third  section 
thereof,  which  shall  take  effect,  and  be  in  force,  from  and  after  the  pas- 
sage of  this  act. 

SEC.  6.  And  be  it  further  enacted,  That  all  persons  who  shall  be  in    Persons  in  of- 
office,  within  the  Territory  hereby  established,  when  the  said  convention  fice  to  continue, 
shall  have  formed  a  constitution  and  State  government,  as  aforesaid,    ( 
shall  continue  to  hold  and  exercise  their  offices,  in  all  respects  as  if  this 
act  had  never  been  made  ;  and  the  governor  and  secretary  of  the  Missis- 
sippi Territory,  for  the  time  being,  shall  continue  to  exercise  the  duties  of 
their  respective  offices,  in  relation  to  the  Territory  hereby  established, 
until  a  governor  and  secretary  shall  be  appointed  therefor,  in  pursuance 
to  this  act. 

SEC.  7.  And  be  it  further  enacted,  That  all  judicial  process  in  the  said    Judicial  pro- 
Territory  of  Alabama,  shall  be  issued,  and  bear  test,  as  heretofore;  nor  cess  as  hereto- 
shall  any  suit  be  discontinued,  or  the  proceedings  of  any  cause  stayed,      6) 
or  in  any  wise  affected  by  any  thing  contained  in  this  act,  or  in  the  act, 
entitled  "An  act  to  enable  the  people  of  the  western  part  of  the  Missis- 
sippi Territory  to  form  a  constitution  and  State  government,  and  for  the 
admission  of  such  State  into  the  Union  on  an  equal  footing  with  the 
original  States." 

SEC.  8.  And  be  it  further  enacted,  That  the  town  of  St.  Stephens  shall     St.  Stephens 
be  the  seat  of  government  for  the  said  Alabama  Territory,  until  it  shall  JJJJ^J  ' 
be  otherwise  ordered  by  the  legislature  thereof. 

SEC.  9.    And  be  it  further  enacted,  That  whatever  balance  may  remain     Balance  in  the 
in  the  treasury  of  the  Mississippi  Territory,  at  the  time  when  the  con-  rfJhjyfiiJlS 
vention  authorized  to  form  a  constitution  and  State  government,  fortuo  new  State> 
the  western  part  of  said  Territory,  may  have  formed  a  constitution  and  and  Territory. 
State  government  for  the  same,  shall  be  divided  between  the  new  State 
and  Territory,  according  to  the  amount  which  may  have  been  paid  into 
said  treasury,  from  the  counties  lying  within  the  limits  of  such  State 
and  Territory  respectively,  (a) 

(a)  See  Nos.  707, 1264, 1265,  1285,  1420,  1421,  1427,  1431,  1452,  1453,  1499. 


598  ALABAMA. 

March  3,  Ifll7.    No.  1444.— AN  ACT  to  set  apart  and  dispose  of  certain  public  lands,  for  the  en- 
Vol.  3,  p.  374.  couragement  of  the  cultivation  of  the  vine  and  olive. 


Four   contigu-      Be  it  enacted,  $c.,  That  it  shall  be  the  duty  of  the  Secretary  of  the 
ous     townships,  Treasury,  under  the  direction  of  the  President  of  the  United  States, 
square^lnThe10  designate>  and  set  apart,  any  four  contiguous  townships,  each  six 
Mississippi  Ter-  miles  square,  of  vacant  public  lands  lying  in  that  part  of  the  Missis- 
ritory,  to  be  setsippi  Territory  which  was  formed  into  a  land  district,  by  the  act,  en- 
apart  and  reserv-  titled  "An  act  for  the  ascertaining  and  surveying  of  the  boundary 
lines  fixed  by  the  treaty  with  the  Creek  Indians,  and  for  other  pur- 
poses," passed  on  the  third  day  of  March,  one  thousand  eight  hundred 
and  fifteen  ;  and  the  four  townships,  so  designated  and  set  apart,  shall 
be  reserved  from  public  and  private  sale,  anything  in  the  aforesaid  act 
to  the  contrary  notwithstanding. 

The  Secretary  SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
of  the  Treasury  fce,  and  he  is  hereby,  authorized  to  contract  for  the  sale  of  the  said  four 
the^aleaf  the  town8nip8>  which  shall  have  been  designated  and  set  apart,  as  afore- 
townships  at  $2  said,  at  the  rate  of  two  dollars  per  acre,  to  be  made  payable  fourteen 
per  acre,  &c.  years  after  the  contract  shall  have  been  concluded  with  any  agent,  or 
agents,  of  the  late  emigrants  from  France,  who  have  associated  together 
Proviso:  as  to  for  the  purpose  of  forming  a  settlement  in  the  United  States :  Provided, 
ttie  agents  of  That  satisfactory  evidence  shall  be  produced  that  such  agent,  or  agents, 
grant"  being  duly  are  dulv  authorized  to  form  such  contract,  and  that  the  number  of  such 
authorized  to  emigrants,  being  of  full  age,  for  which  he  or  they  are  authorized  to  act, 
form  a  contract,  are  equal  at  least  to  the  number  of  half-sections  contained  in  the  four 
&c-  townships  proposed  to  be  disposed  of. 

The  Secretary  SEC.  3.  And  be  it  further  enacted,  That  thesaid  Secretary  shall  have  power 
empowered  to  to  make  such  allotment  of  the  lands  among  the  individuals,  and  to 
o-f  Th  e  iVn^fs  stipulate,  in  the  proposed  contract,  for  such  conditions  of  settlement 
among  individu-  and  cultivation  of  the  vine,  and  other  vegetable  productions,  as  may  to 
als,  and  to  stipu-  him  appear  reasonable  ;  and  that  on  the  fulfilment  of  such  conditions 
late  for  the  cul- 8hall  the  issuing  of  grants  for  the  lands,  be  made  to  depend:  Provided, 
vtae.&c.  a° That  no  Patent  8ha11  b®  granted  for  any  of  the  lands  aforesaid,  nor 
Proviso:  no  shall  any  title  be  obtained  therefor,  either  at  law  or  equity,  until  corn- 
patent  or  title  plete  payment  shall  have  been  made  for  the  whole  four  townships,  and 
L^L^f™1^6  until  they  comply  with  the  conditions  of  the  contract,  so  to  be  made  as 
c  aforesaid  ;  nor  shall  a  patent  be  granted  for  a  greater  quantity  than  six 

hundred  and  forty  acres  to  any  one  person,  (a) 
(a)  See  Nos.  1458,  1497,  1521,  1543. 


March  3,  1H17.    No.  1445.— AX  ACT  making  provision  for  the  location  of  the  lands  reserved  by 

thousand  eight  hundred 
nation,  to  certain  chiefs 


Vol  3  p.  380.         the  first  article  of  the  treaty  of  the  ninth  of  August,  one  thousand  eight  hundred 
and  fourteen,  between  the  'United  States  and  the  Creek 


and  warriors  of  that  nation,  and  for  other  purposes. 
Chiefs  and     Be  it  enacted,  <$*c.,  That  the  chiefs  and  warriors  of  the  Creek  nation, 
warriors  of  the  who,  by  virtue  of  the  first  article  of  the  treaty  of  the  ninth  of  August, 
thore£edatolocate  one  thousand  eight  hundred  and  fourteen,  between  the  United  States 
their  reserva-  and  that  nation  of  Indians,  are  entitled  to  a  reservation  of  land,  which 
tions  of  land.        shall  include  their  improvements,  shall  be  authorized  to  locate  said  res- 
ervation in  the  following  manner,  viz  : 

Manner  of  lo-     Every  such  chief,  or  warrior,  shall  and  may  select  such  four  quarter- 
cation,  sections,  or  such  number  of  quarter-sections  and  fractional  parts  of  sec- 
tions, not  exceeding  six  hundred  and  forty  acres  of  land,  as  have  been 
or  may  be  surveyed,  in  pursuance  of  the  act  of  Congress,  passed  the 
third  day  of  March,  one  thousand  eight  hundred  and  fifteen,  and  as 
shall  include  their  respective  improvements.     And  in  case  such  chief,  or 
warrior,  shall  have  resided  at  one  place,  and  cultivated  a  farm  or  plan- 
tation at  another  place,  he  may,  at  his  option,  select  such  quarter-sec- 
tions, and  fractional  parts  of  sections,  s\s  shall  include  his  said  separate 
Proviso  as   to  improvements : — Provided,  however,  That  the  lands  so  selected,  shall  enure 
the  title  vested,    to  such  chief  or  warrior  so  long  only  as  he  shall  continue  to  occupy 
and  cultivate  the  same;  and,  in  case  he  shall  not  have  abandoned  the 
possession,  shall,  on  his  decease,  descend  to  and  vest  in  his  heirs  in  fee- 
simple,  reserving  to  the  widow  of  such  chief  or  warrior  the  use  and 
occupation  of  one-third  part  of  said  lands,  during  her  natural  life. 
Widows    and      SEC.  2.  And  be  it  further  enacted,  That  when  any  chief  or  warrior,  so 
children  to  have  entitled  to  a  reservation  of  laud  at  the  time  of  the  signing  of  the  treaty, 
the  right  of  se-  g^i  have  8jnce  died,  and  left  a  widow  and  child  or  children,  who  has 
original  cl a i  n>  or  have  continued  to  occupy  and  cultivate  the  said  hind,  they  shall 
an£  <fcc.  have  the  right  of  selection  in  the  same  manner  as  the  original  claimant 


ALABAMA.  599 

would  have,  if  he  were  living ;  and  ttie  title  of  the  lands,  so  selected, 

shall  be  a  fee-simple  title  in  the  child  or  children,  reserving  to  the  widow, 

if  any,  the  use  and  occupation  of  one  third  of  the  land  during  her  life  : 

Provided,  however,  That  the  said  child  or  children  shall  not  have  the     Proviso  as  to 

power  to  alienate  the  said  lands  except  by  devise,  until  each  and  every  aiiena^ioiTii/the 

one  of  them  shall  have  arrived  at  the  age  of  twenty-five  years.  children. 

SEC.  3.  And  be  it  further  enacted,  That  the  descendant  of  any  native     Descendants  of 
Creek  Indian,  male  or  female,  who,  at  the  commencement  of  the  late  "^^  Creeks 
war  with  the  hostile  Creeks,  occupied  and  cultivated  a  farm  or  planta-  friendly,n&cnen^ 
tion :  who  continued  friendly  to  the  United  States  during  that  war ;  and  titled  to  a  reser- 
who,  after  the  termination  of  hostilities,  returned  to,  and  has  continued  vation,  &c. 
to  occupy  and  cultivate,  the  said  farm  or  plantation,  shall  be  entitled  to 
a  reservation  of  two  quarter-sections  of  land,  to  be  selected  in  the  man- 
ner stated  in  the  first  section  of  this  act ;  which  lands  shall  enure  to 
them  so  long  as  they  shall  continue  to  occupy  and  cultivate  the  same ; 
and  on  their  death,  shall  descend,  in  fee,  to  their  children  ;  and  on  fail- 
ure of  children,  shall  revert  to  the  United  States  ;  reserving,  however, 
to  the  husband  or  widow,  as  the  case  may  be,  the  right  to  occupy  and 
cultivate  one-third  part  of  the  lands  during  their  natural  lives. 

SEC.  4.  And  be  it  further  enacted,  That  the  child  or  children  of  any  The  children 
chief  or  warrior  of  the  Creek  nation,  who  resided  within  the  limits  of  of  a.ny  Creek 
the  said  ceded  country,  at  the  commencement  of  the  late  Creek  war,  ^ee^'witnin  the 
and  who  was  killed  or  died  in  the  service  of  the  United  States,  during  limits,  &c.,  and 
said  war,  or  who  has  since  died  of  wounds  received  therein,  shall  be  en-  who  was  killed, 
titled,  without  payment,  to  a  reservation  of  so  much  land  as  such  chief  &c-»  entitled  to 
or  warrior  would  have  been  entitled  to,  had  he  been  living  at  the  time  J.™86  on* 

said  treaty  was  signed ;  which  land  shall  be  located  in  the  manner  pre- 
scribed by  the  first  section  of  this  act. 

SEC.  5.  And  be  it  further  enacted,  That,  for  the  purpose  of  carrying     The  agent   of 
into  effect  the  provisions  of  this  act,  the  agent  of  the  United  States  for  the^nited  States 
the  Creek  nation  shall  immediately  proceed  to  take  such  evidence  as  t°Qn  ^  ta^  evi- 
each  and  every  person,  who  may  be  entitled  to  lands  under  the  provis-  dence,  &c. 
ions  of  it,  shall  be  able  to  adduce  in  support  of  such  title.    The  evi- 
dence shall,  as  far  as  practicable,  be  taken  by  the  agent  on  the  land 
occupied  by  such  claimant ;  and  in  all  cases  where  he  shall  be  of  opin- 
ion that  the  claim  is  a  valid  one,  the  quarter- sections,  including  the 
improvements,  shall  be  designated  as  provided  for  in  the  first  section  of 
this  act ;  and  the  agent  shall,  without  delay,  return  to  the  Secretary     The  Secretary 
of  the  Treasury  the  evidence  taken  in  each  case,  (reserving  a  copy  °f  tbe HTrfla8V1ry 
thereof)  together  with  the  names  of  the  claimants,  and  the  numbers  of  &cttec 
the  quarter  sections  reserved  for  them  respectively.    And  the  Secretary 
of  the  Treasury,  with  the  approbation  of  the  President,  shall  finally 
decide  on  the  validity  of  such  claim. 

SEC.  6.  And  be  it  further  enacted,  That  the  agent  shall  transmit,  with-     The  agent   to 
out  delay,  to  the  register  of  tie  land  office  for  the  district  in  which  the  J^JJJ*  *?  Jj 
lands  may  be,  a  statement  of  the  names  of  the  claimants,  and  the  num-  lajd    office    tne 
bers  of  the  quarter- sections  which  have  been  reserved  for  each  claimant ;  names  of  claim- 
and  the  register  of  the  land  office  shall  not  offer  any  such  quarter -sec-  ants    and   num- 
tion  for  sale,  unless  specially  directed  otherwise  by  the  Secretary  of  the  ^tions  Tc 
Treasury. 

SEC.  7.  And  le  it  further  enacted,  That  the  agent  of  the  United  States  Three  dollars 
shall  be  allowed,  in  addition  to  his  salary,  the  sum  of  three  dollars  per  f  6gnt  fn  toadS! 
day,  whilst  occupied  in  performing  the  duties  assigned  to  him  by  this  t^  to  saiaryj 
act ;  and  he  shall  be  authorized  to  employ  a  surveyor,  in  those  cases  &c. 
where  it  may  be  necessary,  for  the  purpose  of  ascertaining  the  quarter-  The  agent  may 
sections  of  land  to  be  allotted  to  each  claimant.  °mp0loy 

SEC.  8.  And  be  it  further  enacted,  That  the  expenses  which  shall  be 
incurred  in  carrying  into  effect  this  act,  shall  be  paid  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated,  (a) 

(a)  See  Nos.  1451, 1545, 1557. 


No.  1446.— AN  ACT  for  the  relief  of  Narcissus  Broutin  and  others.  April  9,  1818. 

Beit  enacted,  $c.<  That  Narcissus  Broutin,  George  Brewer,  the  legal     VoL  6)  p'  202' 
representatives  of  John  Baker,  the  legal  representatives  of  Louis  Duret,     Confirmed     in 
and  the  legal  representative  of  John  Trouillet  and  of  Joseph  Chastiug,  their  <  1  a  i  m  s 
be,  and  they  are  hereby,  confirmed  in  their  respective  claims,  founded  f^SSjj* 
on  Spanish  warrants  of  surveys,  to  land  lying  on  the  east  side  of  the  iurveys. 
Tombigbee  Eiver  :  Provided,  That  not  more  than  six  hundred  and  forty 
acres  be  allowed  to  any  one  claim. 


600  ALABAMA. 

Register  to  SEC.  *2.  And  be  it  further  enacted,  That  it  shall  bo  the  duty  of  the  reg- 
make  out  an  or-  ister  of  the  land  office  within  whose  district  the  said  lauds  may  be, 
ht  8U^ve^  for  and  he  is  hereby  required,  to  make  out,  for  the  surveyor  of  the  land 
south  of  the  State  of  Tennessee,  an  order  of  survey  for  each  tract  of 
land  confirmed  by  this  act,  to  be  located  on  the  tracts  so  claimed ;  Pro- 
vided, The  said  lands  have  not  been  sold  by  the  United  States ;  but  in 
case  the  lands  shall  have  been  sold,  the  location  of  the  claims  aforesaid 
may  be  laid  on  any  lands  of  the  United  States  lying  on  the  east  side  of 
said  river  of  Tombigbee,  within  the  same  district,  and  which  shall  have 
been  offered  at  public  sale  ;  and  on  the  return  of  the  plat  of  survey, 
made  and  executed  pursuant  to  the  said  order,  directed  to  the  Commis- 
sioner of  the  General  Land  Office,  patents  shall  be  granted  in  like  man- 
ner as  provided  by  law  for  other  lands  of  the  United  States. 


April  9, 1818.     No.  1447.— AX  ACT  confirming  the  claim  of  Tobias  Eheams  to  a  tract  of  land 
Vol.  6,  p.  205.  granted  to  him  by  the  Spanish  Government. 


Land  title  con-  Be  it  enacted,  $-c.,  That  Tobias  Rheams,  or  his  legal  representatives,  be, 
firmed.  »  and  they  are  hereby,  confirmed  in  the  title  to  a  tract  of  land,  situate  in 

the  Territory  of  Alabama,  on  the  east  side  of  the  Tombigbee  River, 
granted  by  the  Spanish  Government  to  the  said  Tobias  Rheams,  by  war- 
rant of  survey,  bearing  date  the  tenth  day  of  June,  one  thousand  seven 
hundred  and  ninety-five,  and  containing,  by  actual  survey,  the  quantity 

Proviso.  of  two  hundred  and  eighty  arpents :  Provided,  The  said  land  has  not 

been  already  disposed  of  under  the  authority  of  the  United  States. 

Patent  to  issue.  SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen- 
eral Land  Office  be,  and  he  is  hereby  authorized  and  required,  on  a  re- 
turn of  the  survey  of  the  above-mentioned  tract  of  land,  by  the  surveyor 
of  the  lands  of  the  United  States,  south  of  the  State  of  Tennessee,  to 
issue  a  patent  for  the  same  to  the  said  Tobias  Rheams,  or  his  legal 
representatives,  or  to  any  person  legally  claiming  under  him  or  them. 

April  20,  1818.    No.  1 448.— AN  ACT  authorizing  the  disposal  of  certain  lots  of  public  ground  in  the 
Vol.  3,  p.  465.  city  of  New  Orleans  and  town  of  Mobile. 

ISee  LOUISIANA,  No.  730.] 

April  20,  1818.  Xo.  1449.— AN  ACT  for  the  relief  of  Peggy  Bailey. 

7ol.  6,  p.  213.        ^  .t  enactc(j    o.c  ^  That  it  ahall  be  iawfui  for  peggv  Bailey,  sister  of 


May  Center  a  Dixon  Bailey,  (a  Creek  Indian  of  the  half  blood,  who  was  slain  in  the 
1  and  service  of  the  Uoited  States,  at  the  capture  of  Fort  Mims,)  and  she  is 
y  hereby,  authorized  to  enter,  without  payment,  with  the  register  of  the 
land  office  in  whose  district  the  land  lies,  three  hundred  and  twenty 
acres  of  land,  so  as  to  include  the  settlement  and  improvements  of  the 

Proviso.  said  Dixon  Bailey  in  the  Alabama  Territory  :  Provided,  That  neither  the 

said  Peggy  Bailey,  nor  her  heirs,  shall  haVe  power  of  alienating  said 
land,  or  any  part  thereof,  in  any  manner  whatever ;  and  in  case  of  the 
voluntary  abandonment  of  the  possession  and  occupancy  of  the  said 
tract  of  land  by  the  said  Peggy  Bailey,  or  of  her  heirs,  hereafter,  the 
said  land  shall  revert  to  the  United  States. 


April  20.  1818.   No.  145O.— AN  ACT  respecting  the  surveying  and  sale  of  the  public  lands  in  the 
Vol.  3,  pi  466.  Alabama  Territory. 


The  powers  of  Be  it  enacted,  <$-c.,  That  the  powers  and  duties  of  the  surveyor  for  the 
the  surveyor  of  lands  in  the  northern  part  of  the  late  Mississippi  Territory,  shall  ex- 
thfenoij£*™?ar*teiid  to  the  whole  of  tho  Alabama  Territory,  and  that  only.  And  it 
limited  'To^Ala-  shall  be  his  duty  to  cause  such  of  the  said  lands,  to  which  the  Indian 
bama.  title  has  been,  or  shall  hereafter  be,  extinguished,  as  the  President  of 

Lands    to    be  the  United  States  shall  direct,  to  be  surveyed  and  divided  in  the  same 
manner,  and  under  the  same  regulations,  as  are  provided  by  law  in  re- 
Compensation,  lotion  to  other  public  lands.     And  the  said  surveyor  shall  receive  for 
•    his  services,  hereafter,  an  annual  compensation  of  two  thousand  dollars, 
and  shall  be  allowed  not  exceeding  two  clerks,  whose  whole  compensa- 
tion shall  not  exceed  fifteen  hundred  dollars  per  annum.  («) 


ALABAMA.  601 

SEC.  2.  And  be  it  further  enacted,  That  in  every  public  sale  hereafter    Lauds excepted 
to  be  made  of  public  lands,  in  the  Territory  of  Alabama,  there  shall,  in  from  sale  on 
addition  to  the  usual  reservation  of  section  sixteen,  in  each  township,  JJJJJJJJ   to  bu"d 
for  the  support  of  schools,  ( b)  be  excepted  from  the  sales  such  sections, 
not  exceeding  ten  in  any  one  land  district,  as  the  President  of  the  United 
States  shall  have  designated,  for  the  purpose  of  laying  out  and  estab- 
lishing towns  thereon ;  which  sections,  so  designated  and  reserved,  for 
the  purpose  aforesaid,  shall  be  laid  off  into  lots,  and  offered  for  sale,  in 
the  manner,  and  on  the  terms  and  conditions,  and  with  the  same  limi- 
tation as  to  price,  as  is  prescribed,  for  the  laying  off  and  sale  of  lots,  by 
the  fifth  section  of  the  act,  entitled  "An  act  to  authorize  the  appoint- 
ment of  a  surveyor  for  the  lands  in  the  northern  part  of  the  Mississippi 
Territory,  and  the  sale  of  certain  lands  therein  described,"  passed  on  the    Anentiretown. 
third  of  March,  one  thousand  eight  hundred  and  seventeen.     And  there  ship  to  be  located 
shall  be  reserved  from  sale,  in  the  Alabama  Territory,  an  entire  town-  for  the  support 
ship,  which  shall  be  located  by  the  Secretary  of  the  Treasury,  for  the  of  a  seminary  of 
support  of  a  seminary  of  learning  within  the  said  Territory,  (c)  and  also,  gectio^'for^the 
any  one  entire  section,  which  may  be  located  under  the  direction  of  the  geat  Of   gOVern- 
governor  of  the  said  Territory,  for  the  seat  of  government  therein,  (d)  ment. 

SEC.  3.  And  be  it  further  enacted,  That  all  the  lands  lying  between  the   "bands  attached 
basis  meridian  and  the  first  standard  meridian,  in  the  Alabama  district,  to    the    district 
be  attached  to  the  land  district  east  of  Pearl  River,  (e)    And  the  lands  gj^  of     Pearl 
so  attached  to  the  said  district,  east  of  Pearl  River,  after  having  been     The' lands  after 
surveyed  according  to  law,  shall,  with  the  exception  of  section  number  having  been  sur- 
sixteen  in  each  township  which  shall  be  reserved  for  the  support  of  veyed  to  be  sold, 
schools  therein,  (b)  and  with  the  further  exception  of  such  reservations  JJ^otherreser- 
as  may  be  made  in  pursuance  of  the  second  section  of  this  act,  shall  be  vations,  &c. 
offered  for  sale  to  the  highest  bidder,  under  the  direction  of  the  register 
of  the  land  office,  and  the  receiver  of  public  moneys,  at  the  place  where 
the  land  office  is  kept,  and  on  such  day  or  days  as  shall,  by  proclama- 
tion of  the  President  of  the  United  States,  be  designated  for  that  pur-     The  President 
pose :  the  sale  shall  remain  open  two  weeks  and  no  longer.     The  lands  to  designate  the 
shall  not  be  sold  for  less  than  two  dollars  an  acre,  and  shall,  in  every  tn 
other  respect,  be  sold  in  tracts  of  the  same  size,  and  on  the  same  terms 
and  conditions,  as  have  been,  or  may  be,  provided  for  lands  sold  in  the 
same  district.    All  the  lands  offered  for  sale,  and  remaining  unsold  at     Lands  offered, 
the  close  of  the  said  public  sales,  may  be  disposed  of  at  private  sale,  by  and  not  sold,  may 
the  register  of  the  land  office,  in  the  same  manner,  and  on  the  same  terms  private  8a/e>  &c. 
and  conditions,  as  are  or  may  be  provided  for  the  sale  of  other  lands  in     Patents,  &c. 
the  same  district ;  and  patents  shall  be  granted  in  the  same  manner, 
and  on  the  same  terms,  as  for  other  lands  in  the  said  district.  (/) 

(a)  See  Nos.  777,  1403,  1500,  1605. 

(b)  See  Nos.  1452,  1477,  1541,  1586,  1589,  1590,  1592,  1600,  1603,  1604. 

(c)  See  Nos.  1452, 1482. 

(d)  See  No.  1452. 

{e)  See  Nos.  718,  1266,  1279,  1422,  1428,  1430,  1456,  1499,  1511,  1523,  1568,  1574. 
(/)  See  Nos.  433,  730,  1266,  1279,  1281,  1293,  1301,  1323,  1422, 1428,  1429,  1436, 144J,  1448 
1470,  1516,  1545,  1598,  1602,  1609,  1618. 


I¥o.  J  45 1  .—AN  ACT  authorizing  the  President  of  the  United  StaLc-s  to  purchase  the  Feb.  20,  1819. 
lands  reserved  by  the  act  of  the  third  of  March,  eighteen  hundred  and  seventeen,  Vol.  3,  p.  484. 
to  certain  chiefs,  warriors,  or  other  Indians,  of  the  Creek  nation. 

Be  it  enacted,  ifc.,  That  it  shall  be  lawful  for  the  President  of  the     The  President 
United  States  to  purchase  for,  and  on  behalf  of,  the  United  States,  any  may  purchase 
tract  or  tracts  of  land,  reserved  by  the  act  of  the  third  day  of  March,  JSJJJJd,  by  act 
eighteen  hundred  and  seventeen,  to  the  chief?,  warriors,  or  other  Indians,  Of  March,  1817, 
of  the  Creek  nation,  which  they,  or  either  of  them,  may  be  disposed  to  to  the  Creeks, 
sell;  and  the  amount  of  such  purchase  shall  be  paid  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated. 

SEC.  '2.  And  be  it  further  enacted,  That  any  tract  or  tracts  of  land,  the    Lands  acquired 
title  to  which  may'be  acquired  by  the  United  States,  by  virtue  of  this  by  virtue  of  this 
act,  shall  be  offered  at  public  sale,  at  the  land  offices  of  the  district  in  jSiSeimraMi2 
which  they  may  be  situate,  upon  such  day  or  days  as  the  President  day8  as  t|10  prea. 
shall,  by  proclamation,  designate  for  that  purpose,  in  the  same  manner,  ideut  may  d»-*ig- 
and  on  the  same  conditions  and  terms  of  credit,  as  is  provided  by  law  nate. 
for  the  sale  of  public  lands  of  the  United  States;  and  patents  shall  be 
granted  -therefor,  as  lor  other  public  lands  and  town  lots  sold  by  the 
United  States,  (a) 

(a)  See  New.  1445, 1545, 1557. 


602  ALABAMA. 

March  2,  iei9.    No.  1 452.— AN  ACT  to  enable  the  people /)f  the  Alabama  Territory  to  form  a  con- 
\  <>1.  3,  p.  4-9.          slitution  and  State  government,  and  for  the  admission  of  such  State'  into  the  Union 
on  an  equal  footing  with  the  original  States. 


The  inhabitants  Be  it  enacted,  <fc.,  That  the  inhabitants  of  the  Territory  of  Alabama 
of  Alabama  au-  |)e>  an(i  they  are  hereby,  authorized  to  form  for  themselves  a  constitu- 
aconstit  utiontion  and  State  government,  and  to  assume  such  name  as.  they  may 
and  state  govern- deem  proper;  and  that  the  said  Territory,  when  formed  into  a  State, 
ment.  shall  be  admitted  into  the  Union,  upon  the  same  footing  with  the  oricr- 

•  ^ea4m-ittedinal  States,  in  all  respects  whatever. 

Bounda,riesnof  SEC-  '2-  And  be  '{  further  enacted,  That  the  said  State  shall  consist  of 
the  State.  all  the  territory  included  within  the  following  boundaries,  to  wit: 

Beginning  at  the  point  where  the  thirty-first  degree  of  north  latitude 
intersects  the  Perdido  River;  thence,  east,  to  the  western   boundary 
line  of  the  State  of  Georgia;  thence  along  said  line,  to  the  southern 
boundary  line  of  the  State  of  Tennessee;    thence,  west,  along  said 
boundary  line,  to  the  Tennessee  River;  thence,  up  the  same,  to  the 
mouth  of  Bear  Creek  ;  thence,  by  a  direct  line,  to  the  northwest  corner 
^  Wasnillgton  County;  thence,  due  south,  to  the  Gulf  of  Mexico; 
six  leagues  of  the  tuence>  eastwardly,  including  all  islands  within  six  leagues  of  the  shore, 
shore."  '    to  the  Perdido  River;  and  thence,  np  the  same  to  the  beginning. 

The  line  of  de-  SEC.  3.  And  be  it  further  c nacted,  That  it  shall  be  the  duty  of  the  sur- 
marcation  be-  veyor  of  the  lauds  of  the  United  States  south  of  the  State  o*f  Tennessee, 
£T3  thTstate  antl  tbe  8urvevor  of  the  public  lands  in  the  Alabama  Territory,  to  run 
to  be  formed,  to  and  cnt  ont  tne  line  of  demarcation,  between  the  State  of  Mississippi 
benmandcnt  by  and  the  State  to  be  formed  of  the  Alabama  Territory :  and  if  it  should 
the  surveyors  of  appear  to  said  surveyors,  that  so  much  of  said  line  designated  in  the 
Tennessee  "and  of  Proced'ng  section,  running  due  south,  from  the  northwest  corner  of 
Alabama.  Washington  County  to  the  Gulf  of  Mexico,  will  encroach  on  the  coun- 

ties of  Wayne,  Green,  or  Jackson,  in  said  State  of  Mississippi,  then  the 
same  shall  be  so  altered  as  to  run  in  a  direct  line  from  the  northwest 
corner  of  Washington  County  to  a  point  on  the  Gulf  of  Mexico,  ten 
miles  east  of  the  mouth  of  the  river  Pascagola.  (a) 

•*#***** 

Proposi  t  i  o  n  s     SEC.  6.  And  be  it  further  enacted,  That  the  following  propositions  be,  and 
offered     to    the  the  same  are  hereby,  offered  to  the  convention  of  the  said  Territory  of 
Alabama,  when  formed,  for  their  free  acceptance  or  rejection,  which,  if 
accepted  by  the  convention,  shall  be  obligatory  upon  the  United  States. 
Section  Xo.  16,      First.    That  the  section  numbered  sixteen' in  every  township,  and 
8hM>eVfeoythtOWIe  wnen  BUCn  8ection  has  been  sold,  granted,  or  disposed  of,  other  lands 
of  schools  equivalent  thereto,  and  most  contiguous  to  the  same,  shall  be  granted 

to  the  inhabitants  of  such  townships  for  the  use  of  schools.  (6) 


State  for  the  use  for  working  the  said  salt  springs,  not  exceeding  in  the  whole  the  quari- 

of  the  people.       tity  contained  in  thirty-six  entire  sections,  shall  be  granted  to  the  said 

State,  for  the  rise  of  the  people  of  the  said  State,  the  same  to  be  used, 

under  such  terms,  conditions,  and  regulations,  as  the  legislature  of  the 

said  Stale  shall  direct :  Provided,  That  said  legislature  shall  never  sell, 

nor  lease  the  same  for  a  longer  term  than  ten  years  at  any  one  time. 

Five  per  <*air.      Third.  That  five  per  cent,  of  the  net  proceeds  of  the  lands  lying  with- 

of  net  proceeds  of  jn  the  said  Territory,  and  which  shall  be  sold  by  Congress,  from  and 

Sept!  l?  1819   to  af  ter  the  first  (lav  of  September,  in  the  year  one  thousand  eight  hundred 

be  reserved 'for  and  nineteen,  after  deducting  all  expenses  incident  to  the  same,  shall 

making  pub  lie  be  reserved  for  making  public  roads,  canals,  and  improving  the  naviga- 

rawls,  canal8,&c.  t,jon  of  rivers,  of  which  three  fifths  shall  be  applied  to  those  objects 

within  the  said  State,  under  the  direction  of  the  legislature  thereof,  and 

two-fifths  to  the  making  of  a  road  or  roads  leading  to  the  said  State, 

under  the  direction  of  Congress,  (c) 

Anentiretown-     Fourth.  That  thirty-six  sections,  or  one  entire  township,  to  be  de-si  g- 
ehip  for  a  semin-  nated  by  the  Secretary  of  the  Treasury,  under  the  direction  of  the  Presi- 
nng-    dent  of  the  United  States,  together  with  the  one  heretofore  reserved  for 
that  purpose,  shall  be  reserved  for  the  use  of  a  seminary  of  learning, 
and  vested  in  the  legislature  of  the  said  State,  to  be  appropriated  solely 
To  be  reserved  to  the  use  of  such  seminary  by  the  said  legislature.     And  the  Secretary 
in  small  tracts.     of  tne  Treasury,  under  the  direction  as  aforesaid,  may  reserve  the  sev- 
enty-two sections  or  two  townships,  hereby  set  apart  for  the  support  of 
a  seminary  of  learning,  in  small  tracts:  Provided,  That  no  tract  shall 
Proviso :  irrev-  consist  of  less  than  two  sections :  (d)  4*d  provided  always.  That  the  said 
ocable     ordi-  convention  shall  provide,  by  an  ordinance  irrevocable  without  the  con- 


ALABAMA.  603 

sent  of  tbe  United  States,  that  the  people  inhabiting  the  said  Territory,  nance  disclaim- 
do  agree  and  declare  that  they  forever  disclaim  all  right  and  title  to  the  ing  right  to  waste 
waste  or  unappropriated  lands  lying  within  the  said  Territory;  and  waste  lands' at 
that  the  same  shall  be  and  remain  at  the  sole  and  entire  disposition  of  the  sole  disposal 
the  United  States ;  and  moreover,  that  each  and  every  tract  of  land  sold  of  the  United 
by  the  United  States,  after  the  first  day  of  September,  in  the  year  one  States. 
thousand  eight  hundred  and  nineteen,  shall  be  and  remain  exempt  from  8  0  [I  b  v  the 
any  tax  laid  by  the  order,  or  under  the  authority  of  the  State,  whether  United  States  to 
for  State,  county,  township,  parish,  or  any  other  purpose  whatever,  for  be  exempt  from 
the  term  of  five  years,  from  and  after  the  respective  days  of  the  ta|es  for  five 
sales  thereof  ;  (e)  and  that  the  lands  belonging  to  citizens  of  the  United  ^^mls  of  non- 
States,  residing  without  the  said  State,  shall  never  be  taxed  higher  than  resident  citizens 
the  lands  belonging  to  persons  residing  therein  ;  and  that  no  tax  shall  not  to  be  taxed 
be  dmposed  on  lands,  the  property  of  the  United  States;  and  that  all  hi^her'  *£• 
navigable  waters  within  the  said  State  shall  for  ever  remain  public  high-  rjnited  States 
ways,  free  to  the  citizens  of  said  State  and  of  the  United  States,  with-  lands. 
out  any  tax,  duty,  impost,  or  toll,  therefor,  imposed  by  the  said  State. 

SEC.  7.  And  be  it  further  enacted,  That,  in  lieu  of  a  section  of  land,     Land  for  a  seat 
provided  to  be  reserved  for  the  seat  of  government  of  the  said  Territory,  of  government  in, 
by  an  act,  entitled  "An  act  respecting  the  surveying  and  sale  of  the  lieu>  &c- 
public  lauds  in  the  Alabama  Territory,"  there  be  granted  to  the  said 
State,  for  the  seat  of  the  government  thereof,  a  tract  of  land  containing 
sixteen  hundred  and  twenty  acres,  and  consisting  of  sundry  fractious 
and  a  quarter- section,  in  sections  thirty-one  and  thirty-two,  in  town- 
ship sixteen,  and  range  ten,  and  in  sections  five  and  six,  in  township  fif- 
teen, and  range  ten,  and  in  sections  twenty-nine  and  thirty,  in  the  same 
township  and  range,  lying  on  both  sides  of  the  Alabama  and  Cahawba 
rivers,  and  including  the  mouth  of  the  river  Cahawba,  and  which  here- 
tofore has  been  reserved  from  public  sale,  by  order  of  the  President  of 
the  United  States.  (/) 

*#*•##** 

(a)  See  Nos.  707, 1264, 1265, 1285, 1420, 1421, 1427, 1431, 1443, 1453, 1499. 
(ft)  See  Nos.  1450, 1477, 1541,  1586, 1589, 1590, 1592, 1600, 1603,  1604. 

(c)  See  Nos.  1015, 1314, 1459, 1494, 1541, 1573,  1581, 1607. 

(d)  See  Nos.  1450,  1482. 

(e)  See  Nos.  169,1588. 
(/)  See  No.  145J. 


No.  1453.— RESOLUTION  declaring  the  admission  of  the  State  of  Alabama  into     Dec.  14, 1819. 

the  Union.  Vol.  3,  p.  608. 

Whereas,  in  pursuance  of  an  act  of  Congress,  passed  on  the  second     The  people  of 
day  of  March,  one  thousand  eight  hundred  and  nineteen,  entitled  "An  Alabama  have 
act  to  enable  the  people  of  the  Alabama  Territory  to  form  a  constitution  formed  a  consti- 
and  State  government,  and  for  the  admission  of  such  State  into  the  tution  and  State 
Union,  on  an  equal  footing  with  the  original  States,"  the  people  of  the  gov( 
said  Territory  did,  on  the  second  day  of  August,  in  the  present  year,  by 
a  convention  called  for  that  purpose,  form  for  themselves  a  constitution 
and  State  government,  which  constitution  and  State  government,  so 
formed,  is  republican,  and  in  conformity  to  the  principles  of  the  articles 
of  Compact  between  the  original  States  and  the  people  and  States  in 
the  territory  northwest  of  the  river  Ohio,  passed  on  the  thirteenth  day 
of  July,  one  thousand  seven  hundred  and  eighty-seven,  so  far  as  the 
same  have  been  extended  to  the  said  Territory  by  the  articles  of  agree- 
ment between  the  United  States  and  the  State  of  Georgia:  — 

Resolved,  $-c.,  That  the  State  of  Alabama  shall  be  one,  and  is  hereby     Alabama     ad- 
declared  to  be  one,  of  the  United  States  of  America,  and  admitted  into  mitted  into  tho 
the  Union  on  an  equal  footing  with  the  original  States,  in  all  respects  Ul 
whatever,  (a) 

(a)  See  Nos.  707, 1264, 1265, 1285, 1420, 1421, 1427, 1431, 1443, 1452, 1499. 


No.  1454.— AN  ACT  for  the  relief  of  John  McGrew,  Richard  Cravat,  Hardy  Perry,     May  8,  1820. 
'    and  Beley  Cheney.  Vol.  6,  p.  246. 

Be  it  enacted,  $c.,  That  John  McGrew,  Richard  Cravat,  Hardy  Perry,  ~  Confirmed ^ 
and  Beley  Cheney,  be,  and  they  are  hereby,  confirmed  in  their  respective  their   claims    to 
claims  to  land  lying  on  the  east  side  of  the  Tombigbee  Kiver,  in  the  land  in  Alabama. 
State  of  Alabama,  founded  on  Spanish  warrants  of  survey,  issued  prior 
to  the  twenty- seventh  day  of  October,  in  the  year  one  thousand  seven 
hundred  and  ninety -five:    Provided,  The  said   claimants  shall  prove,     Provisq 


604  ALABAMA. 

to  the  satisfaction  of  the  register  an,d  receiver  of  the  land  office  within 
whose  district  the  said  lands  are  situated,  that  they  were  residents  of 
the  Mississippi  Territory  on  the  day  aforesaid ;  and  that,  prior  to  that 
period,  the  conditions  of  said  warrants  of  survey  were  performed  by 
them. 

Register    and      SEC.  2.  A nd  1)6  it  further  enacted,  That  the  register  and  receiver  af ore- 
receiver    to    re-  said,  are  hereby  required  to  receive  and  record  the  evidence  which  may 
Xrevidencf&c  be  offere<1  in  support  of  the  claims  enumerated  in  the  first  section  of 
'  '  this  act ;  and  if  it  shall  appear  that  the  said  claimants  were  residents 
of  the  late  Mississippi  Territory,  or  had  complied  with  Ihe  conditions  of 
their  warrants  of  survey,  on  the  day  and  year  in  the  foregoing  section 
specified,  it  shall  be  the  duty  of  the  said  register  and  receiver  to  issue 
to  the  said  claimants  certificates  of  confirmation,  for  the  quantity  of 

Proviso.  land  mentioned  in  the  said  warrants  of  survey :  Provided,  No  certificate 

shall  be  for  a  larger  quantity  than  six  hundred  and  forty  Acres  :  And 

Proviso.  provided,  also,  That  the  said  lands  have  not  been  sold  by  the  United 

States ;  in  which  case,  the  register  and  receiver  shall  make  a  special 
report  of  the  fact,  with  all  the  evidence  thereto  appertaining,  to  the 
Commissioner  of  the  General  Land  Office,  who  shall  present  the  same 
to  Congress  at  their  next  session,  for  their  decision  thereon,  (a) 
(a)  See  No.  1555. 


May  8,  1820.       No.  1455.— AX  ACT  for  the  relief  of  the  legal  representatives  of  Henry  Willis. 

'  p' L_     Be  it  enacted,  $~c.,  That  the  legal  representatives  of  Henry  Willis  be, 

Authorized  to  and  they  are  hereby,  authorized  to  enter,  without  payment,  in  lieu  of 
enter  a  tract  of  ^wo  tracts  of  land,  claimed  by  them,  on  the  waters  of  Bavou  Sarah, 
t™  other  t^actf  and  which  have  Veen  8.old  ^  the  United  States,  in  any  land  office  in 
claimed  by  them,  the  States  of  Mississippi  or  Alabama,  and  in  such  quantities,  agreeably 
to  the  surveys  made  by  the  United  States,  as  the  claimants  may  desire, 
a  quantity  not  exceeding  thirteen  hundred  arpens  ;  for  which  the  reg- 
ister or  registers  of  the  land  offices  aforesaid,  shall  issue  the  necessary 
certificate  or  certificates,  on  return  of  which*  to  the  General  Land  Office, 
a  patent  or  patents  shall  issue  in  favor  of  said  legal  representatives,  (a) 

(a)  See  No.  1457. 

May  11  1820       No.  1456.— AN  ACT  to  establish  additional  land  offices  in  the  States  of  Alabama 
Vol.  3,  p.  571..  and  Dlinois. 

District    and     B€  ^  enacted,  $c.,  That  for  the  sale  of  the  unappropriated  public 
land  office   at  lands  in  the  State  of  Alabama,  the  following  districts  shall  be  formed, 
Tuscaloosa.         and  land  offices  therefor  established :  All  the  public  lands,  as  afore- 
said, bounded  on  the  north  by  the  line  which  separates  townships  num- 
bered fourteen  and  fifteen,  in  the  district  of  Huntsville;  on  the  south, 
by  the  line  which  separates  townships  twenty-two  and  twenty-three, 
in  the  district  of  Cahawba,  and  the  district  east  of  Pearl  River ;  and 
on  the  east  and  west,  by  the  lines  of  the  State  of  Alabama ;  shall  form 
a  district,  for  which  a  land  office  shall  be  established  at  Tuscaloosa. 
District   a  n  d  And  all  the  public  lands,  as  aforesaid,  bounded  on  the  south  by  the 
land  office    at  southern  boundary  of  the  State  of  Alabama ;  on  the  west,  by  the  line 
Conecuh   Court-  separating  ranges  four  and  five,  east  of  the  basis  meridian,  to  the  line 
separating  townships  five  and  six  north,  in  the  district  of  Cahawba; 
thence,  east,  with  said  line,  to  the  line  separating  ranges  twenty  and 
twenty-one;  thence  north,  with  the  said  line,  to  the  line  separating 
townships  eleven  and  twelve;  thence,  east,  with  said  line,  to  the  east- 
ern boundary  of  the  State  of  Alabama,  and  bounded  on  the  east  by  the 
eastern  boundary  of  said  State ;  shall  form  a  district,  for  which  a  land 
office  shall  be  established  at  Conecuh  Courthouse. 

Part  of  Shaw      SEC.  2.  And  be  it  further  enacted.   That  so  much  of  the  public  lands, 

neetown  district  heretofore  included  in  the  Shawneetown  land  district,  as  lies  east  of 

to  form  a  sepa-  tjje  third  principal  meridian,  north  of  the  base  line,  and  west  of  the 

'  range  line,  between  ranges  numbered  eight  and  nine,  east  of  the  said 

third  principal  meridian,  shall  constitute  a  separate  laud  district ;  and, 

Land  office  at  for  the  sale  of  the  public  lands  therein,  there  shall  be  a  land  office  es- 

Vandalia.  tablished  at  Vandalia,  the  seat  of  government  for  the  State  of  Illinois. 

Another    land      SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  public  laud  as 

district  in  II  li-  lies  north  of  the  base  line,  east  of  the  aforesaid  range  line,  and  west  of 

nois.  the  Big  W abash  River,  as  lies  in  the  State  of  Illinois,  shall  also  con- 


ALABAMA.  605 

stitute  a  separate  land  district ;  and  for  the  sale  of  the  public  lands,     Land  office  at 
there  shall  be  a  land  office  established  at  the.  town  of  Palestine,  on  the  Palestine, 
said  Wabash  River. 

SEC.  4.  And  le  it  further  enacted,  That  there  shall  be  a  register  and    A  register  and 
receiver  appointed  to  each  of  the  aforesaid  land  offices,  to  superintend  ^^^T  Q0r^ acl1 
the  sales  of  the  public  lands  in  their  respective  districts,  who  shall  re-  with"e  coiupeiisa- 
side  at  the  places  designated  in  their  respective  districts,  at  which  the  tion,   &c.,  as  in 
offices  are  fixed,  give  security  in  the  same  manner,  in  the  same  sums,  other  cases. 
and  whose  compensation,  emoluments,  and  duties,  and  authority,  shall, 
in  every  respect,  be  the  same,  in  relation  to  the  lands  which  shall  be 
disposed  of  at  their  offices,  as  are  or  may  be  by  law  provided  in  rela- 
tion to  the  registers  and  receivers  of  public  moneys  in  the  several  offices 
established  for  the  sale  of  the  public  lands. 

SEC.  5.  And  le  it  further  enacted,  That  the  provisions  of  the  second,  Second,  third, 
third,  and  fifth  sections  of  the  act,  entitled  "An  act  to  designate  the ;and  fifth  sections 
boundaries  of  districts,  and  establish  land  offices  for  the  disposal  of  the  MarchS  iliS  ap- 
public  lands,  not  heretofore  offered  for  sale,  in  the  States  of  Ohio  and  piicable,'  &c.',  so 
Indiana,"  approved  March  the  third,  eighteen  hundred  and  nineteen,  far  as  they  have 
be,  and  the  same  are  hereby,  made  applicable  to  the  aforesaid  districts  n9*  £een  cnanS- 
and  offices,  so  far  as  they  are  not  changed  by  subsequent  laws  of  the  e  ' 
United  States,  (a) 

(a)  See  Nos.  718,  1266,  1279,  1422,  1428,  1430,  1450, 1499,  1511,  1523,  1568,  1574. 


No.  1457 AN  ACT  to  amend  the  act,  entitled  "An  act  for  the  relief  of  the  legal     Dec.  29, 1820. 

representatives  of  Henry  Willis.  '  Vol.  6,  p.  254. 


Be  it  enacted,  <f c.,  That  the  act,  entitled  "An  act  for  the  relief  of  the    Act  of  May  8, 
legal  representatives  of  Henry  Willis,"  passed  on  the  eighth  day  of  1820,  to  be  so  con- 
May,  one  thousand  eight  hundred  and  twenty,  be  so  construed  as  to  |^pt  f r^n  loca- 
except  from  location  all  town  lots  and  lands  now  or  hereafter  reserved  tion  town  lots, 
by  the  United  States,  or  which  may  have  been,  or  maybe,  appropriated  &c. 
by  Congress  for  the  use  of  any  State,  or  for  any  other  purpose,  and  that 
the  location  be  made  within  two  years  from  the  passage  of  this  act.  (a) 

(a)  See  No.  1455. 


No.  1458.—  AN  ACT  supplementary  to  an  act,  entitled  "An  act  to  set  apart  and     April  26,  1822. 
dispose  of  certain  public  lands  for  the  encouragement  of  the  cultivation  of  the  vine     Vol.  3,  p.  667. 
and  olive." 

Be  it  enacted,  <fc.,   That,  whenever  any  individual  or  individuals,     When  any  indi- 
named  in  the  contract  entered  into  between  the  Secretary  of  the  Treas-  vldnal  of  the  as 


ury  and  Charles  Villar,  agent  of  the  French  association,  on  the  eighth  , 
day  of  January,  in  the  year  one  thousand  eight  hundred  and  nineteen,  sees  shall  have 
by  virtue  of  the  act  of  Congress,  entitled  "An  act  to  set  apart  and  dis-  complied  with 
pose  of  certain  public  lands  for  the  encouragement  of  the  cultivation  ^ttl^enif&c9  in 
of  the  vine  and  olive,"  passed  on  the  third  day  of  March,  one  thousand  proportion'  to  his 
eight  hundred  and  seventeen,  or  the  heirs  or  devisees  of  such  individ-  interest,  and  paid 
ual  or  individuals,  shall  have  complied  with  the  conditions  of  settle-  1  h  e  amount  of 
ment  and  cultivation,  in  the  said  contract  prescribed,  in  proportion  to  IllfJh^SSJSl 

1    •  it       •       •      i  .1  -*•*•*          i          i         j  i  i         cfcC.,    tttC   oiH/1  6Itl» 

his  or  their  interest,  under  the  said  contract,  and  m  the  lands  thereby  ry  Of  the  Treas- 
set  apart,  and  shall  have  paid  the  amount  of  purchase  money,  proper-  ury  to  cause  a 
tionate  to  his  or  their  interest  in  said  land,  within  the  particular  periods  patent  to  is 
in  the  said  contract  limited,  it  shall  and  may  be  lawful  for  the  Secretary  f^ate  fnter°ea  t 
of  the  Treasury,  and  he  is  hereby  required,  to  cause  letters-  patent  to  be  Of  the  individual 
issued  to  such  individual  or  individuals,  or  his  or  their  heirs  or  devisees,  in  the  lands  set 
for  the  amount  of  his  or  their  interest  in  the  lands  set  apart  and  con-  ^^^  to  the 
tracted  for  by  virtue  of  the  said  act,  any  thing  in  the  said  act  or  con-  widow  fer  right 
tract  contained  to  the  contrary  notwithstanding  :  saving,  always,  to  pf  dower,  accord- 
the  widow  of  any  such  deceased  proprietor  her  right  of  dower  in  said  ing  to  the  laws  of 
lands,  according  to  the  laws  of  the  State  of  Alabama,  (a) 
(a)  See  Nos.  1444,  1497,  1521,  1543. 


.No.  1459.—  AN  ACT  to  provide  for  paying  to  the  States  of  Missouri,  Mississippi,     May  3,  1822. 
and  Alabama,  three  per  cent,  of  the  net  proceeds,  arising  from  the  sale  of  the  public  _ 
lands  within  the  same. 

[See  MISSISSIPPI,  No.  1314.] 


606  ALABAMA. 

May  6, 1822.       No.  146O.— AX  ACT  confirming  the  tittle  to  a  tract  of  land  to  Alzira  Dibrel  and 
Vol.  6,  p.  267.  Sophia  Hancock. 


Title  to  a  tract  Be  it  enacted,  <£-c.,  That  the  title  to  a  tract  of  land  containing  five 
of  land  reserved  thousand  one  hundred  and  twenty  acres,  be,  and  the  same  is  hereby, 
treat?  of  iount  confirmed  to> and  vested  in,  Alzira  Dibrel,  formerly  Alzira  Mitchel,  and 
Dexter  with  the  Sophia  Hancock,  formerly  Sophia  Mitchel,  daughters  of  Samuel  Mitchel, 
Choctaws,  con-  by  Molly,  a  Choctaw  woman,  and  their  heirs,  for  ever,  which  tract  of 
firmed.  land  was  reserved  to  them  by  the  treaty  of  Mount  Dexter,  concluded 

between  the  United  States  of  America  and  the  Choctaw  nation  of  In- 
dians, on  the  sixteenth  day  of  November,  one  thousand  eight  hundred 
and  five. 


May  8,  1822.       No.  1461.— AX  ACT  confirming  claims  to  lots  in  the  town  of  Mobile,  and  to  land 
Vol.  3,  p.  699.         in  the  former  province  of  West  Florida,  which  claims  have  been  reported  favourably 
on  by  the  commissioners  appointed  by  the  United  States. 

Claims  to  lots     Be  it  enacted,  $*c..  That  all  the  claims  to  lots  in  the  town  of  Mobile, 
in  Mobile,  found-  founded ^  on  complete  grants  derived  from  either  the  French,  British, 
grants  frcHnP  tbe  or  Spanish,  authorities,  reported  to  the  Secretary  of  the  Treasury  by 
French,  British,  the  commissioner  for  the  district  east  of  Pearl  River,  appointed  under 
or    Spanish    au-  the  authority  of  "An  act  for  ascertaining  the  titles  and  claims  to  land 
thoriUes,  report-  jn  tnat  part  of  Louisiana  which  lies  east  of  the  island  of  New  Orleans," 
nized  a8'valfd.0g  or  which  were  so  reported  by  the  register  and  receiver,  acting  as  com- 
missioners, under  the  act  of  the  third  of  March,  one  thousand  eight 
hundred  and  nineteen,  entitled  "An  act  for  adjusting  claims  to  land, 
and  establishing  land  offices,  in  the  districts  east  of  the  island  of  New 
Orleans,"  which  are  contained  in  the  reports  of  the  commissioner,  or 
of  the  register  and  receiver    acting    as    commissioners,  and  which 
are,  in  their  opinion,  valid,  agreeably  to  the  laws,  usages,  and  cus- 
toms, of  the  said  governments,  be,  and  the  same  are  hereby,  recognised 
as  valid. 

Certain  claims  SEC.  2.  And  le  it  further  enacted,  That  all  the  claims  to  lots  in  the 
to  lots  in  Mobile  town  aforesaid,  reported  as  aforesaid,  and  contained  in  the  reports  of 
the  commissioner,  or  of  the  register  and  receiver  acting  as  commission- 
ers, founded  on  orders  of  survey,  requettes,  permissions  to  settle,  or  other 
written  evidences  of  claims,  derived  from  either  the  French,  British, 
or  Spanish  authorities,  and  bearing  date  prior  to  the  twentieth  of  De- 
cember, one  thousand  eight  hundred  and  three,  and  which  ought,  in  the 
opinion  of  the  commissioner,  to  be  confirmed,  shall  be  confirmed  in  the 
same  manner  as  if  the  title  had  been  completed. 

All  claims  to     SEC.  3.  And  be  it  further  enacted,  That  all  the  claims  to  lots  in  the  town 
lots   in   Mobile,  aforesaid,  reported  as  aforesaid,  and  contained  in  the  reports  of  the 
commSsionerecommi8sioner'  or  of  tae  register  and  receiver  acting  as  commissioners, 
&c.,  founded  on  founded  on  private  conveyances  which  have  passed  through  the  office 
private    convey-  of  the  commandant,  or  other  evidence,  but  founded,  as  the  claimants 
2nce8;  &c-.  c011-  allege,  on  grants  lost  by  time  and  accident,  and  which  ought,  in  the 
opinion  of  the  commissioner,  to  be  confirmed,  shall  be  confirmed  in  the 
Proviso.  same  manner  as  if  the  titles  were  in  existence :  Provided,  That,  in  all 

such  claims  where  the  quantity  claimed  is  not  ascertained,  no  one  claim 
shall  be  confirmed  for  a  quantity  exceeding  seven  thousand  two  hun- 
dred square  feet. 

For  all    other     SEC.  4.  And  1)e  it  further  enacted,  That  for  all  the  other  claims  to  lots 

claims  to  lots  in  in  the  town  aforesaid,  reported  as  aforesaid,  which  are  contained  in 

M.ob^1.e>   °on.  tne  report  of  the  register  and  receiver,  and  which,  by  the  said  report, 

p^n-tfof  Vhe  regls"  aPPear  to  have  been  built  upon  or  improved  and  occupied,  on  or  before 

ter  and  receiver]  the  fifteenth  day  of  April,  one  thousand  eight  hundred  and  thirteen, 

built  upon,  &c.,  the  claimants  shall  be  entitled  to  grants  therefor  as  donations:  Provided, 

i?°ir»i^foreAtprtilTliat  in  a11  8uch  claims,  where  the  quantity  claimed  is  not  ascertained, 

issue    aTadom£no  one  claim   8ha11    be    confirmed    for  a  quantity  exceeding  seven 

tions.  thousand  two  hundred  square  feet;  And  provided  also,  That  all  the 

Proviso.  confirmations  and  grants    provided  to  be  made  by  this  act,  shall 

amount    only  to    a    relinquishment    for    ever,  on    the    part   of   the 

United  States,  of  all  right  and  title  whatever  to  the  lots  of  land  so 

confirmed  or  granted. 

Registers  and  SEC.  5.  And  be  it  further  enacted,  That  the  registers  and  receivers  of 
receivers  of  the  the  land  offices  at  St.  Helena  Courthouse  and  at  Jackson  Courthouse, 
land  offices  at  St.  respectively,  shall  have  the  same  powers  to  direct  the  manner  in  which 
Jackson*  CouUrt-  a11  lands  confirmed  by  this  act  shall  be  located  and  surveyed,  and  also  to 


ALABAMA.  607 

decide  between  the  parties  in  all  conflicting  and  interfering  claims,  as  houses,  to  have 
are  given  by  the  act,  entitled  "An  act  supplementary  to  the  several  ™f  8ame  powers, 
acts  for  adjusting  the  claims  to  laud,  and  establishing  land  offices,  in  *y  't{£  "J^™*. 
the  districts  east  of  the  island  of  New  Orleans."  (a)  plementary,  &c. 

(a)  See  Nos.  718,  723,  1067,  1266,  1268,  1270,  1274,  1276, 1286,  1287, 1292,  1296,  1299,  1300, 
1422,  1423, 1424,  1425,  1426,  1430,  1432,  1433,  1435,  1437,  1438,  1439, 1440,  1479, 1484, 
1527,  1585. 

No.   1462.— AN  ACT  granting  to  the  State  of  Alabama  the  right  of  pre-emption  to     March  3,  1823. 
certain  quarter-sections  of  land.  Vol.  3,  p'.  773. 


Be  it  enacted,  $c.,  That  there  be  granted  to  the  State  of  Alabama,  at     Alabama  al- 
the  minimum  price  for  which  public  lands  of  the  United  States  are  lowed  the  right 
sold,  the  right  of  pre-emption  to  one  quarter-section  of  land,  in,  or  near,  of  pre-emption  of 
the  centre  of  each  of  the  counties  of  Marengo,  Perry,  and  Decatur,  of  • JJJjJJ ,*or  seats  ( 
the  State  aforesaid,  in  trust  for  said  counties,  respectively,  for  the  es- 
tablishment  of  seats  of  justice  therein  :  Provided,  That  the  proceeds  of    Proviso, 
the  sale  of  each  of  said  quarter-sections  shall  be  appropriated  for  the 
purpose  of  erecting  public  buildings  in  the  county  for  which  it  is  lo- 
cated, after  deducting  therefrom  the  amount  originally  paid  for  the 
same:  And  provided  further,  That  the  seat  of  justice  for  said  counties,     Proviso, 
respectively,  shall  be  fixed  and  continued  on  the  lands  so  located  and 
selected. 


No.   1463.— AN  ACT  to  regulate  the  surveying  of  public  and  private  lands  in  the     Feb.  28,  1824. 
southern  part  of  Alabama.  Vol.  4,  p.  6. 


Be  It  enacted,  $c.,  That  all  the  lands  in  the  State  of  Alabama  shall  be  Lands  to  be  at- 
attached  to  the  district  of  the  surveyor  of  the  public  lands  in  the  State  tached  to  tbedis- 
of  Alabama,  and  the  surveying  of  all  public  and  private  lands,  in  thetrict  °f  tn®  8ur* 
said  State,  shall  hereafter  be  made  under  his  direction  ;  and  it  shall  be  Je?°t'  srveor 
the  duty  of  the  deputy  surveyor  of  the  district  east  of  the  island  of  east  of  the  island 
New  Orleans,  and  east  of  Pearl  River,  to  return  the  plats  of  all  private  of  New  Orleans, 
claims  within  the  State  of  Alabama,  to  the  office  of  the  said  surveyor,  (a)  &c> 

(a)  See  Nos.  777,  1450, 1500,  1605. 

No.  1464.— AN  ACT  for  the  relief  of  the  heirs  of  Miguel  Eslava.  May  21, 1824. 

Be  it  enacted,  $c.,  That  the  heirs  of  Miguel  Eslava,  deceased,  be,  and 


-*-*•%/    vv    VHrVWWWj    *-}   ^.y       J-JJCHJ     UUV     JJt/llO    V/J.    i'J-l^LA^i    J-JDJ  Cb  V  CVj     V*  t^V^tCUOV-  \A  j       R-F^j     ClUVi.    

they  are  hereby,  confirmed  in  their  claim  to  a  lot  of  ground  situated    His  heirs  con" 
below  Fort  Mobile,  purchased  by  the  said  Miguel  Eslava,  at  a  judicial  jj,"?6^  in  itheil 
sale  of  Jean  Baptiste  de  Lusser,  on  the  thirtieth  day  of  December,  one  ground    below 
thousand  seven  hundred  and  eighty-eight,  and  bounded  on  the  east  by  Port  Mobile. 
Royal  street  continued,  on  the  north  by  Monroe  street,  on  the  west  by 
Washington  street,  and  on  the  south  by  a  lot  claimed  by  the  family  of 
Burette,  and  containing  sixteen  thousand  nine  hundred  and  one  square 
feet :  Provided,  This  confirmation  shall  only  amount  to  a  relinquish-    Proviso, 
ment,  on  the  part  of  the  United  States,  and  shall  not  affect  the  rights 
of  any  third  person. 


No.  1465.— AN  ACT  for  the  relief  of  the  representatives  of  John  Donnelson,     May  24,  1824. 
Stephen  Heard  and  others.  Vol.  6.  p.  313. 

[Authorized  to  enter  5,000  acres  of  land  in  any  land  office  in  Missis- 
sippi or  Alabama.    See  MISSISSIPPI,  No.  1321.] 


No.  1466.— AN  ACT  granting  certain  lots  of  ground  to  the  corporation  of  the  city     May  26, 1824. 
of  Mobile,  and  to  certain  individuals  of  said  city.  ^          Vol.  4,  p.  66. 

Be  it  enacted,  #c.,  That  all  the  right  and  claim  of  the  United  States  to  the  All  the  richt 
lots  known  as  the  hospital  and  bake-house  lots,  containing  about  three-  ami  ciaim  Of  the 
fourths  of  an  acre  of  land,  in  the  city  of  Mobile,  in  the  State  of  Alabama;  United  States  to 
and  also  all  the  right  and  claim  of  the  United  States  to  all  the  lots  not  the  lots  known  as 
sold  or  confirmed  to  individuals,  either  by  this  or  any  former  act,  and  bake-house  1  o  t  a 
to  which  no  equitable  title  exists,  in  favour  of  any  individual,  under  this  jn  the  city  of 
or  any  other  act,  between  high- water  mark  and  the  channel  of  the  Mobile,  &c., vest- 
river,  and  between  Church  street  and  North  Boundary  street,  in  front  ed  iu  the 


608  ALABAMA. 

and  aldermen  of  of  the  said  city,  be,  and  the  same  are  hereby,  vested  in  the  mayor  and 
said  city.  aldermen  of  the  said  city  of  Mobile,  for  the  time  being,  and  their  suc- 

cessors in  office,  for  the  sole  use  and  benefit  of  the  said  city  forever. 
Right  and  SEC.  i2.  And  be  it  further  enacted.  That  all  the  right  and  claim  of  the 
£lai.m  °  *  l  h ,e  United  States  to  so  many  of  the  lots  of  ground,  east  of  Water  street, 
otherlots  insaid  and  Between  Church  street  and  North  Boundary  street,  now  known  as 
city  vested  in  water  lots,  as  are  situated  between  the  channel  of  the  river  and  the 
the  person  to  front  of  the  lots,  known,  under  the  Spanish  Government,  as  water  lots, 
whom  such  alien-  jn  [the]  said  city  of  Mobile,  whereon  improvements  have  been  made, 
order  of^survey  ^e>  an(l  the  same  are  hereby,  vested  in  the  several  proprietors  and  occu- 
wasmade.  pants  of  each  of  the  lots  heretofore  fronting  on  the  river  Mobile,  except 

in  cases  where  such  proprietor  or  occupant  has  alienated  his  right  to 
any  such  lot,  now  designated  as  a  water  lot,  or  the  Spanish  Government 
has  made  a  new  grant,  or  order  of  survey,  for  the  same,  during  the  time 
at  which  they  had  the  power  to  grant  the  same  ;  in  which  case,  the 
right  and  claim  of  the  United  States  shall  be,  and  is  hereby,  vested  in 
the  person  to  whom  such  alienation,  grant,  or  order  of  survey,  was 
Proviso.  made,  or  in  his  legal  representative ;  Provided,  That  nothing  in  this  act 

contained  shall  be  construed  to  affect  the  claim  or  claims,  if  any  such 
there  be,  of  any  individual  or  individuals,  or  of  any  body  politic  or 
corporate,  (a) 

(a)  See  Xo.  1480. 


May  26,  1824.     Hfo.  1467.— AX  ACT  granting  to  the  corporation  of  Tuskaloosa  certain  lots  and 
vol.  6,  p.  315.  privileges  over  the  reservations  and  commons  in  said  town. 


The  right  and  Be  it  enacted,  CJT.,  That  the  right  and  title  of  the  United  States  to  the 
title  of  the  f  nit-  public  streets,  and  to  certain  lots  in  the  town  of  Tuskaloosa,  set  apart 
public^street 8°  lor  Public  nses>  and  designated  in  the  plan  of  said  town,  by  the  names 
&.c  .  in  the  town  of  the  "court  square,"  the  "market  square,"  the  "jail  lot,"  the  "spring," 
of  Tuskaloosa,  the  "  church,"  and  the  "burial  ground,"  be,  and  the  same  is  hereby, 
vested  in  the  cor-  vested  in  the  corporation  of  said  town  forever:  And,  also,  all  the  right 
JJSSfJJeTO..  of  tbe  Suited  States  to  that  tract,  between  the  lots  and  the  river  Tus- 
The  right,  <fcc.,  kaloosa,  called  the  "river  margin,"  and  of  that  called  the  "pond;" 
to  another  tract  and,  also,  of  that  called  "  the  common  ;"  on  condition,  however,  that  the 
vested  in  s  a  i  d  corporation  shall  not  lease  or  sell  any  portion  of  the  last- mentioned 
certaTn  con d°£  tracts;  but,  that  the  same  shall  be  appropriated  to  the  purposes  for 
which  they  were  designated  and  set  apart,  as  well  for  the  benefit  of  the 
inhabitants  of  said  town,  as  for  that-  of  those  resorting  to,  or  visiting 
the  same ;  and  in  case  the  same,  or  any  part  thereof,  be  applied  to  any 
other  purpose,  that  it  revert  to  the  United  States,  (a) 
(a)  See  No.  1595. 


March  3,  1825.   No.  1468.— AX  ACT  granting  certain  rights  to  David  Tate,  Josiah  Fletcher,  and 
Vol.  6,  p.  323.  John  Weatherford. 


All     right     Be  it  enacted,  $-c.,  That  all  right,  title,  and  interest,  which  the  United 

which  the  Unit-  States  possess,  in  each  of  the  reservations  severally  made  to  David  Tate, 

ed    States  p OB- josiab  Fletcher,  and  John  Weatherford,  of  lands  within  the  tract  of 

?eSer8vrtioen8COTintry  ceded  to  the  United  States  by  the  treaty  of  Fort  Jackson,  of 

vested    in    each  the  ninth  day  of  August,  eighteen  hundred  and  fourteen,  with  the 

occupant.  Creek  nation  of  Indians,  be,  and  the  same  is  hereby,  vested  in  each 

occupant  and  claimant  of  the  tract  so  reserved  and  occupied   and 

Proviso.  claimed  by  him:  Provided,  That  no  one  claim  shall  exceed  the  quantity 

of  six  hundred  and  forty  acres. 


March  31, 1826.  No.  1469.— AX  ACT  for  the  relief  of  Elijah  Buckley. 

YoL6,p.339.         .^  .t  enacted^  g.c^  That  anv  forfeiture  ^-hich  may  have  accrued  to  the 
Lands  at    Ca-  United  States,  from  the  non-payment  of  the  purchase  money  for  the 
hawba     r  el  i  n-  east  jjaif  of  tlie  southeast  quarter  of  section  numbered  two,  in  township 
'    numbered  nineteen,  of  range  nine,  in  the  district  of  lands  offered  for 
sale  at  Cahawba,  be,  and  the  same  is  hereby,  relinquished  ;  and  that 
Elijah  Buckley  shall  be  entitled  to  receive  a  patent  for  the  same,  on 
making  payment  to  the  receiver  of  public  moneys  for  the  land  office  at 
Cahawba,  of  the  sum  of  one  dollar  and  one  cent. 


ALABAMA.  609 

No.  1470 — AN  ACT  giving  the  right  of  pre-emption,  in  the  purchase  of  lands,  to     April  22,  1826. 
in  the  States  of  Alabama,  Mississippi,  and  Territory  of  Florida.         Vol.  4,  p.  154. 


certain  settlers  in  the  States  of 
[See  MISSISSIPPI,  No.  1323.] 


No.  1471.— AN  ACT  for  the  relief  of  Charles  Anderson.  May  16, 18-26. 

Be  it  enacted,  $c.,  That  Charles  Anderson  be,  and  he  is  hereby,  author-    VoL  6>  p>  340' 
ized  to  relinquish  and  surrender  to  the  Government  of  the  United  States     May  surrender 
the  east  half  of  the  southeast  quarter  of  section  twenty-eight,  in  town-  a  certain  quarter- 
ship  four,  range  six  west,  in  the  Huntsville  land  office  district,  contain-  ceive°  another  *£ 
ing  seventy- nine  acres  and  seventy-five  hundredths  of  an  acre,  forreturn. 
which  a  patent  was  issued  in  his  name,  on  the  first  day  of  October, 
eighteen  hundred  and  twenty-five,  upon  a  declaration  for  relinquish- 
ment  erroneously  made,  upon  which  said  relinquishment  and  surrender, 
as  above  mentioned,  to  the  register  and  receiver  of  the  land  office  in 
Huntsville :  and  in  consideration  thereof,  they  are  hereby  authorized 
and  required  to  cause  a  patent  to  be  issued,  in  the  name  of  the  said 
Anderson,  for  the  west  half  of  the  said  southeast  quarter  of  section 
twenty-eight,  in  township  four,  of  range  six  west,  in  lieu  of  the  east 
half  of  the  said  southeast  quarter  of  section  twenty-eight,  hereby  au- 
thorized to  be  relinquished :  Provided,  Application  shall  be  made  to  the    Proviso, 
register  and  receiver  of  the  land  office  at  any  time  previous  to  the  land 
being  offered  for  sale  by  the  United  States. 

No.  1472.— AN  ACT  relinquishing  the  right  of  the  United  States  in  a  certain  tract     May  16, 1826. 
of  land,  to  Samuel  Brashiers.  Vol.  6,  p.  342. 

Be  it  enacted,  £c,,  That  all  right,  title,  and  interest,  which  the  United    Rient  of  the 
States  possess,  in  the  reservation  made  to  Samuel  Brashiers,  of  lands  united  States  in 
within  the  tract  of  country  ceded  to  the  United  States,  by  the  treaty  of  certain  land  sur- 
Fort  Jackson,  on  the  ninth  day  of  August,  eighteen  hundred  and  four-  rendered  to  him. 
teen,  with  the  Creek  nation  of  Indians,  be,  and  the  same  is  hereby, 
vested  in  Samuel  Brashiers,  the  occupant  of  the  same :  Provided,  That    proviso, 
only  six  hundred  and  forty  acres  shall  be  granted  in  virtue  of  this  act, 
and  that  the  same  shall  be  laid  out  according  to  the  provisions  of  the 
treaty. 

No.  1473.— AN  ACT  relinquishing  the  right  of  the  United  States  in  a  certain  tract     Mavr  16  1826 
of  land,  to  William  Hollinger.  Vof  6,  p.  342 

Be  it  enacted,  #c.,  That  all  right,  title,  and  interest,  which  the  United    ni^ht  of  United 
States  possess,  in  the  reservation  made  to  William  Hollinger,  of  lands  states  in  certain 
within  the  tract  of  country  ceded  to  the  United  States,  by  a  treaty  of  land  surrendered 
Fort  Jackson,  on  the  ninth  day  of  August,  eighteen  hundred  and  four- to  him- 
teen,  with  the  Creek  nation  of  Indians,  be,  and  the  same  is  hereby, 
vested  in  the  said  William  Hollinger  :  Provided,  That  only  six  hundred    Proviso, 
and  forty  acres  shall  be  granted  in  virtue  of  this  act. 


No.  1474.— AN"  ACT  for  the  relief  of  Arthur  Jones.  May  18f  ig26 

Be  it  enacted,  $c.,  That  Arthur  Jones  be,  and  he  is  hereby,  authorized    YoL  6'  P- 344t 
and  empowered  to  relinquish  and  surrender  to  the  Government  of  the    May  relinquish 
United  States,  the  east  half  of  the  southwest  quarter  of  section  thirty,  a  certain  tract  of 
in  township  four,  of  range  two  west,  containing  eighty  acres,  and  eight-  land,  and  re- 
hundredths  of  an  acre,  a  patent  for  which  issued  in  his  name,  dated  an^hertherefor 
the  first  day  of  October,  eighteen  hundred  and  twenty-five,  on  a  dec- 
laration  for  relinquishment  erroneously  made :   in  consideration  of 
which  relinquishment  and  surrender,  as  above  mentioned,  to  the  regis- 
ter and  receiver  of  the  land  office  in  Huntsville,  they  are  hereby  au- 
thorized and  required  to  cause  a  patent  to  be  issued,  in  the  name  of 
the  said  Arthur  Jones,  for  the  west  half  of  the  said  southwest  quarter 
of  section  thirty,  in  township  four,  of  range  two  west,  in  lieu  of  the 
east  half  of  said  quarter-section,  hereby  authorized  to  be  relinquished 
on  the  application  of  the  said  Jones :  Provided,   It  shall  be  made  at 
any  time  previous  to  said  land  being  offered  for  sale  by  the  United 
States. 

39  L  O — VOL  II 


6  1  0  ALABAMA. 

May  22,  1826.  No.  1475.-AX  ACT  for  the  relief  of  Alfred  Flournoy. 

Be  it  enacted,  <f c.,  That  Alfred  Flournoy,  of  the  State  of  Tennessee, 


May  enter  two  lately  a  lieutenant  in  the  Army  of  the  United  States,  and  who,  in  con- 
inCfu°U  discharge  se<luence  of  the  los8  of  a  leg»  from  a  Spanish  battery  at  Pensacola,  has 
of  his  pension.0   |Jeen  placed  on  the  pension  list  at  fourteen  dollars  a  month,  be,  and  he 
is  hereby,  authorized  and  empowered,  within  eighteen  months  from  the 
passing  of  this  act,  to  enter  in  any  office  in  the  States  of  Mississippi  or 
Alabama,  two  sections  of  land,  in  commutation  of,  and  in  full  discharge 
Proviso.  of  Ui8  pension :  Provided,  That  no  entry  shall  be  made,  but   of  land 

which  may  have  been  previously  offered  at  public  sale  :  And  provided, 
Proviso.  He  shall  not  enter  a  less  quantity  than  a  quarter-section,  unless  where 

it  may  be  a  fraction,  nor  any  lands  which  may  have  been  heretofore  re- 
linquished, until  after  they  may  be  again  offered  at  public  sale. 

On  making  any     SEC.  2.  And  be  it  further   enacted,  That,  on  making  any  entry,  in 
eio^ertificaFe  ?s  Pur8Uance  °f  tae  provisions  of  this  act,   with  any  register,   the  said 
to  be  returned.     Alfred  Flournoy  shall  deposit  his  pension  certificate,  to  be  returned  by 
said  register  to  the  Secretary  of  War;  and  thereupon,  his  said  pension 
shall  cease  and  determine,  on  the  next  quarter-day   after  such  surren- 
der, (a) 

(a)  See  Nos.  1476, 1478. 


Feb.  22,  1827.  No.  1476.— AN  ACT  for  the  relief  of  Alfred  Flournoy 

Be  it  (,  i acted,  <$;c.,  That  patents  do  issue  from  the  General  Land  Office 


Patents  to  is-  to  Alfreu  Flournoy,  of  Giles  County,  State  of  Tennessee,  for  eight  quar- 
Alabama  '"  ter-sectious  of  land,  which  he  hath  located,  and  entered  in  the  regis- 
ter's office  at  Htmtsville,  in  the  State  of  Alabam  a,  of  the  following  de- 
scriptions ;  that  is  to  say  :  the  southwest  quarter  of  section  twenty-five, 
township  four,  range  three,  west ;  southeast  quarter  of  section  six,  town- 
ship five,  range  two,  west ;  southwest  and  northwest  quarters  of  sec- 
tion thirty-two,  west :  northwest  quarter  of  section  twenty-four,  town- 
ship four,  range  ten,  west;  northeast  and  southwest  quarters  of  section 
four,  township  four,  range  ten,  west  ;  north  quarter  of  section  seven, 
township  four,  range  seven,  west ;  and  the  same  is  hereby  declared  to 
be  in  full  compensation  for  and  commutation  of  his  pension  heretofore 
granted  by  the  United  States,  (a) 

(a)  See  Nos.  1475, 1478. 


March  2,  1827.    No.  1477.— AN  ACT  to  authorize  the  legislature  of  the  State  of  Alabama  to  sell 
Vol.  4,  p.  237.  the  lands  heretofore  appropriated  for  the  use  of  schools  in  that  State. 


Authorized  to     Be  it  enacted  $c.,  That  the  legislature  of  the  State  of  Alabama  shall 
sell,  &c.,  in  fee-  ^  an(j  js  hereby,  authorized  to  sell,  and  convey,  in  fee-simple,  all  or 
aJny  partof  the  anv  Part  of  tne  land8  heretofore  reserved  and  appropriated  by  Congress 
lands  heretofore  for  the  use  of  schools  within  said  State,  and  to  invest  the  money  arising 
reserved  by  Con-  from  the  sale  thereof,  in  some  productive  fund,  the  proceeds  of  which 
gress  for  the  use  8naj}  ^  forever  applied,  under  the  direction  of  said  legislature,  for  the 
i£  said  State         use  and  support  of  schools  within  the  several  townships  and  districts  of 
country  for  which  they  were  originally  reserved  and  set  apart,  and  for 
Proviso.  no  other  use  or  purpose,  whatsoever ;  Provided,  Said  land,  or  any  part 

thereof,  shall  in  no  case  be  sold  without  the  consent  of  the  inhabit- 
ants of  such  township  or  district,  to  be  obtained  in  such  manner  as  the 
Proviso.  legislature  of  said  State  shall  by  law  direct :  And  provided  also,  That,  in 

the  apportionment  of  the  proceeds  of  said  fund,  each  township  and  dis- 
trict aforesaid  shall  be  entitled  to  such  part  thereof,  and  no  more,  as 
shall  have  accrued  from  the  sum  or  sums  of  money  arising  from  the  sale 
of  the  school  lands  belonging  to  such  township  or  district. 

Wherethepro-  SEC.  2.  And  be  it  further  enacted,  That,  if  the  proceeds  accruing  to  any 
ceeds  accruing  to  township  or  district  from  said  fund  shall  be  insufficient  for  the  support 
OTydSct^sinP  of  schools  therein,  it  shall  be  lawful  for  said  legislature  to  invest  the 
sufficient  for  the  same  as  is  herein  before  directed,  until  the  whole  proceeds  of  the  fund 
use  of  schools  belonging  to  such  township  or  district  shall  be  adequate  to  the  perma- 
therein.  nent  maintenance  and  support  of  schools  within  the  same,  (a) 

(a)  See  Nos.  1450, 1452, 1541. 1586, 1589, 1590, 1592, 1600,  1603, 1604. 


ALABAMA.  611 

No.  1478.— AN  ACT  for  the  relief  of  John  Boardman.  March  2, 1827. 

Be  it  enacted,  $-c.,  That  John  Boardman,  of  Madison  County,  and  State 


of  Alabama,  be,  and  he  is  hereby,  authorized  to  locate  and  enter  with  May  enter  a 
the  register  and  receiver  of  the  land  office  in  the  Huntsville  district,  in  ^bama  "* 
the  State  of  Alabama,  the  northwest  quarter  of  section  twenty-four, 
and  the  southwest  quarter  of  section  thirteen,  in  township  four,  of  range 
two,  west  of  the  basis  meridian,  ou  paying  for  the  same,  at  the  rate  of 
five  dollars  per  acre  :  Provided,  That  such  location  and  entry  shall  be  Proviso, 
made  prior  to  the  first  day  of  January,  one  thousand  eight  hundred  and 
twenty-eight ;  and  that  patents  do  issue  from  the  General  Land  Office,  to 
AlfredFlournoy,of  Giles  County,  State  of  Tennessee,  for  eight  quarter-sec- 
tions of  lands,  which  he  hath  located  and  entered  in  the  register's  office,  at 
Huntsville,  in  the  State  of  Alabama,  in  lieu,  and  in  full  satisfaction  of, 
eight  quarter-sections  of  land,  specified  and  described  in  an  act  entitled 
"An  act  for  the  relief  of  Alfred  Flournoy,"  approved  February  twenty- 
second,  one  thousand  eight  hundred  and  twenty-seven,  (a) 

(a;  See  Nos.  1475, 1476. 


No.  1479.— AN  ACT  supplementary  to  the  several  acts  providing  for  the  adjust-     March  3, 1827. 
ment  of  land  claims  in  the  State  of  Alabama.  Vol.  4.  p.  239. 


Be  it  enacted,  #c.,  That  the  claimants  of  lands,  town  lots,  or  out-lots,     Course   to   be 
within  that  part  of  the  limits  of  the  former  land  district,  of  Jackson  P  u  r.8  u  e  d     by 
Courthouse,  which  is  embraced  in  the  State  of  Alabama,  whose  claims  famis^&c  ^thin 
have  been  presented  to  the  commissioners  appointed  to  receive  and  ex-  a    certain    part 
amine  claims  and  titles  to  lands,  in  said  district  of  Jackson  Courthouse,  of  the  former 
or  to  the  register  and  receiver  of  the  land  office  at  Jackson  Courthouse,  ^nd  district  of 
acting  as  commissioners  under  the  provisions  of  the  act  of  the  third  of  house011        ^ 
March,  one  thousand  eight  hundred  and  nineteen,  entitled  "An  act  for 
adjusting  the  claims  to  lands,  and  establishing  land  offices,  in  the  dis- 
trict east  of  the  island  of  New  Orleans,"  and  which  have  not  been  re- 
ported to  Congress,  or  whose  claims  have  not  heretofore  been  presented 
to  the  said  commissioners,  or  to  the  register  and  receiver,  acting  as  com- 
missioners, or  whose  claims  have  been  acted  upon,  but  additional  evi- 
dence adduced,  be  allowed  until  the  first  day  of  September,  eighteen 
hundred  and  twenty-seven,  to  present  their  titles  and  claims,  and  the 
evidence  in  support  of  the  same  to  the  register  and  receiver  of  the  land 
office  at  St.  Stephen's,  in  the  State  of  Alabama,  whose  powers  and  duties, 
in  relation  to  the  same,  shall,  in  all  respects,  be  governed  by  the  provi- 
sions of  the  acts  before  recited,  and  of  the  act  of  the  eighth  of  May, 
eighteen  hundred  and  twenty-two,  entitled  uAn  act  supplementary  to 
the  several  acts  for  adjusting  the  claims  to  land,  and  establishing  land 
offices,  in  the  district  east  of  the  island  of  New  Orleans." 

SEC.  2.  And  be  it  further  enacted,  That  the  said  register  and  receiver  Power  given  to 
shall  have  power  to  receive  and  examine  such  titles  and  claims,  and,  for  the  register  and 
that  purpose,  shall  hold  their  sessions  at  the  city  of  Mobile  ;  they  shall  receiver- 
give  suitable  notice  of  the  time  and  place  of  their  sessions,  but  may 
adjourn  from  time  to  time,  and  meet  at  such  other  places  as  may  be  neces- 
sary, or  may  best  suit  the  convenience  of  the  claimants,  on  giving  proper 
notice  of  the  time  of  their  adjournments.  And  the  said  register  and 
receiver  shall  have  power  to  appoint  a  clerk,  who  shall  be  a  person  capa- 
ble of  translating  the  French  and  Spanish  languages,  and  who  shaM 
perform  the  duty  of  translator,  and  such  other  duty  as  may  be  required 
by  the  said  register  and  receiver,  and  the  said  register  and  receiver  shall 
each  be  allowed,  as  a  compensation  for  their  services,  in  relation  to  said 
claims,  and  for  the  services  to  be  performed  under  the  provisions  of  the 
several  acts  to  which  this  is  a  supplement,  at  the  rate  of  one  thousand 
dollars  per  annum  ;  and  the  clerk  at  the  rate  of  one  thousand  dollars 
per  annum  ;  which  several  sums  of  money  shall  be  paid  out  of  any 
moneys  in  the  Treasury  not  otherwise  appropriated  :  Provided,  That  no  Proviso. 
more  than  one  year's  compensation  shall  be  thus  allowed  to  either  the 
register  or  receiver,  or  clerk  ;  and  the  payment  of  the  whole  of  the  afore- 
said compensation  shall  be  withheld  by  the  Secretary  of  the  Treasury, 
until  a  report,  to  be  approved  by  him,  shall  have  been  made  to  him,  of 
the  performance  of  the  services  for  which  the  same  is  allowed. 

SEC.  3.  And  le  it  further  enacted,  That  the  register  and  receiver  of  the    Duty   of  tho 


land  office  at  Augusta,  in  the  State  of  Mississippi,  be,  and  they  are  hereby,  JJgJjJ  tile  land 
required  to  separate,  so  far  as  practicable,  from  the  titles  to  lands  in  omce  at  Augusta, 
Mississippi,  all  such  papers  or  claims,  or  evidence  of  claims,  for  any  tract  in  Mississippi. 


612  ALABAMA. 

of  land  or  town  lot,  lying  in  the  State  of  Alabama,  and  certify  the  same 
generally  to  the  register  of  the  land  office  at  St.  Stephen's,  in  the  State 
of  Alabama;  and,  on  proper  application,  to  deliver  them  over  to  the 
said  register,  whose  duty  it  shall  be  to  receive  the  same,  and  preserve 
them  among  the  records  of  his  office,  (a) 

(a)  See  Xos.  71  -,  7-23.  1067,  1266,  1C68,  1270,  1274,  1276,  1236, 1287, 1292, 1296, 1299, 1300, 
1422,  1423,  1424,  1425,  1426,  1430,  1432,  14J3,  1435,1437,1438,1439,1440,1461,1484, 
1527, 1565. 


March  3,  1827.    NO.  14SO.— AX  ACT  granting  to  the  corporation  of  the  city  of  Mobile  the  right  of 
VoL  4,  p.  243.          preference  in  purchase  of  four  sections  of  land,  or  a  quantity  equal  to  four  sections, 


at  or  near  Spring  Hill,  in  the  county  of  Mobile. 


Register  and  j$G  it  enacted,  <$~c.,  That  the  register  and  receiver  of  the  land  office  at 
Ste^hen^  to  ra  Saint  Stephen's  be,  and  they  are  hereby,  authorized  and  directed  to  re- 
ceive ^rom  the  ceive  from  the  corporation  of  the  city  of  Mobile,  the  sum  of  one  dol- 
corporat  ion  of  lar  and  twenty-five  cents  per  acre,  for  a  quantity  of  land,  not  exceeding 
the  city  of  Mo-  f  OUr  sections,  at  or  near  Spring  Hill,  in  the  county  of  Mobile,  and  State 
acre  foracer'of  Alabama;  and,  upon  the  receipt  of  said  sum  as  aforesaid,  the  said 
tain  quantity  of  register  and  receiver  shall  issue  their  certificate  to,  and  in  the  name  of 
land.  the  corporation  of  the  city  of  Mobile,  for  the  said  quantity  of  land,  not 

exceeding  four  sections  as  aforesaid. 

In  consid  era-      gEC.  2.  And  be  it  further  enacted,  That,  for  and  in  consideration  of  the 

SdasSor^Sio1  gnm  aforesaid,  paid  as  aforesaid,  [that]  all  the  right  and  claim  of  the 

the  United  States  United  States,  to  the  said  quantity  of  land,  not  exceeding  four  sections, 

relinquish    their  in  the  county  of  Mobile,  and  State  aforesaid,  be,  and  the  same  is  hereby, 

title.  vested  in  the  mayor  and  aldermen  of  the  said  city  of  Mobile,  for  the 

time  being,  and  their  successors  in  office,  to  be  applied  or  disposed  of  by 

Proviso.  them,  for  the  sole  use  and  benefit  of  the  said  city  forever  :  Provided, 

That  no  part  of  any  claim,  arising  from  acts  of  Congress,  known  as 

donations  or  pre-emptions  by  the  reported  list  of  actual  settlers,  or  from 

grants  recognised  by  any  treaty,  shall  be  covered  or  taken  by  this  grant, 

but  the  same  shall  be  excepted  from,  and  held  as  not  covered  or  inter- 

fered with  by  this  act. 

Patents  shall  SEC.  3.  And  be  it  further  enacted,  That  patents  shall  issue,  upon  the 
presentation  of  said  certificate  of  the  register  and  receiver  aforesaid, 
for  the  said  quantity  of  land,  not  exceeding  four  sections,  to  the  cor- 
poration of  the  city  of  Mobile,  in  the  same  manner  that  patents  now 
issue  upon  the  final  certificate  for  other  public  lands,  (a) 

(a)  See  Xo.  1466. 


May  23.  Ie28.     No.  1481  .—AX  ACT  to  grant  certain  relinquished  and  unappropriated  lands  to  the 
Vol.  4,  p.  290.        State  of  Alabama,  for  the  purpose  of  improving  the  navigation  of  the  Tennessee, 
Coosa,  Cahawba,  and  Black  "Warrior  rivers. 


Four  hundred  Be  it  enacted,  <$-c.,  That  four  hundred  thousand  acres,  of  the  relin- 
thousand  ac  res  quisled  lands  in  the  counties  of  Madison,  Morgan,  Limestone,  Lawrence, 
fandrS^ertatn  Franklin,  and  Lauderdale,  in  the  State  of  Alabama,  be,  and  the  same  is 
counties  in  Ala-  [are]  hereby,  granted  to  said  State,  to  be  applied  to  the  improvement 
baraa  granted  to  of  the  navigation  of  the  Muscle  Shoals,  and  Colbert's  Shoals,  in  the 
aid  State,  to  be  Tennessee  River,  and  such  other  parts  of  said  river  within  said  State  as 
gation  "~ the  legislature  thereof  may  direct :  But  if  there  shall  not  be  four  hun- 

dred thousand  acres  of  relinquished  unappropriated  land  in  said  coun- 
ties, the  deficiency  to  be  made  up  out  of  any  unappropriated  lands  in 
the  county  of  Jackson,  in  said  State. 

Price  at  which     SEC.  2.  And  be  it  further  enacted,  That  said  State  of  Alabama,  shall 
the  land  shall  behave  power  to  sell,* dispose  of  and  grant  said  land,  for  the  purposes 
aforesaid,  at  a  price  not  less  than  the  minimum  price  of  the  public  lands 
of  the  United  States,  at  the  time,  of  such  sale. 

Improvement.  SEC.  3.  And  be  it  further  enacted,  That  the  said  State  of  Alabama  shall 
commence  said  improvements  within  two  years  after  the  passage  of  this 
act,  and  complete  the  same  within  ten  years  thereafter. 

Grant  of    all     SEC.  4.  And  be  it  further  enacted,  That  if  said  State  of  Alabama  shall 

lands  to  become  apply  the  lands  hereby  granted,  or  the  proceeds  of  the  sales,  or  any  part 

if  applied  to  any  thereof,  to  any  other  use  or  object  whatsoever,  than  as  directed  by  this 

other     object  act,  before  said  improvements  shall  have  been  completed,  the  said  grant 

whatever.  for  all  lands  then  unsold  shall  thereby  become  null  and  void  ;  and  the 

said  State  of  Alabama  shall  become  liable  and  bound  to  pay  to  the 

United  States  the  amount  for  which  said  land,  or  any  part  thereof,  may 

have  been  sold,  deducting  the  expenses  incurred  in  selling  the  same. 


ALABAMA.  613 

SEC.  5.  And  be  it  further  enacted,  That  the  improvements  of  said  navi-    Improvements 
gation  shall  be  commenced  at  the  lowest  point  of  obstruction  in  said  of    said  naviga- 
river,  within  said  State,  continued  up  the  same  until  completed,  and  »e  commenced    &o 
calculated  for  the  use  of  steamboats,  according  to  such  plan  of  construc- 
tion as  the  United  States'  engineers,  appointed  to  survey  and  report 
thereon,  may  recommend,  and  the  President  of  the  United  States  approve : 
Provided,  That  such  plan  shall  embrace,  if  practicable,  a  connection  of    Proviso, 
the  navigation  of  Elk  River,  with  the  said  improvements. 

SEC.  6.  And  be  it  further  enacted,  That  after  the  completion  of  said     Surplus  of  said 
improvements,  the  surplus  of  said  grant,  if  any,  shall  be  applied  to  the  grant  to  be  ap- 
improvement  of  the  navigation  of  the  Coosa,  Cahawba,  and  Black  War- puea>  &< 
rior  rivers,  in  said  State,  under  the  direction  of  the  legislature  thereof. 

SEC.  7.  And  be  it  further  enacted,  That  the  said  rivers,  when  improved  Rivers,  when 
as  aforesaid,  shall  remain  forever  free  from  toll  for  all  property  belong-  improved,  to  be 
ing  to  the  Government  of  the  United  States,  and  for  all  persons  in  their  ever  free  from 
service,  and  for  all  the  citizens  of  the  United  States,  unless  a  toll  shall  be  ^ty  belonging 
allowed  by  act  of  Congress,  (a)  to  the  United 

•     (a)  See  Nos.  1487,  1495,  1518,  1524,  1533.  States,  &c. 


No.  1482.— AN  ACT  to  authorize  the  selection  of  lands  for  the  benefit  of  a  seminary     May  24, 1828. 
of  learning,  in  the  State  of  Alabama,  inst  ead  of  other  lands  heretofore  selected.          Vol.  6,  p.  383. 

Be  it  enacted,  #c.,  That  the  trustees  of  the  University  of  the  State  of  Trusteesofthe 
Alabama  be,  and  they  are  hereby,  authorized  to  surrender  the  patents  university  of  the 
issued  for  section  twelve,  the  northeast  quarter  of  section  seventeen,  state  of  Alabama 
the  northeast  quarter  of  section  twenty-eight,  and  the  east  half  of  the  authorized  to 
northeast  quarter  of  section  thirty-  four,  in  township  four,  range  eleven,  patents Ts sued 
west,  in  the  Huntsville  land  district,  and  to  select  a  like  quantity  inf  or  8ection  12, 
lieu  thereof,  of  any  of  the  public  lands  of  the  United  States,  in  said  &c.,  for  a  semin- 
State ;  and  that,  on  such  relinquishment  being  made  by  the  trustees  as  ary  of  learning, 
aforesaid,  patents  shall  issue  to  the  purch  asers  from  the  United  States,  Jg£  1 
of  said  lands,  or  their  assignees,  (a) 

(a)  See  Nos.  1450, 1452. 

No.  1483.— AN  ACT  for  the  benefit  of  the  trustees  of  the  Lafayette  Academy,  in     May  24, 1828. 

Alabama.  Vol.  6,  p.  385. 

Be  it  enacted,  $c.,  That  there  be  granted  to  t  he  trustees  of  the  Lafay-    Grant  of  land 
ette  Academy,  in  the  State  of  Alabama,  and  their  successors  in  office,  for  the  use  of  the 
the  east  half  of  section  thirty-four,  and  the  east  half  of  the  southeast  Lafayette  Acad- 
and  northeast  quarters  of  section  twenty-seven,  in  township  four,  range  emy* 
ten,  west,  in  the  Huntsville  land  district;  to  be  applied  or  disposed  of 
by  them,  for  the  sole  use  and  benefit  of  said  academy. 

No.  1484.— AN  ACT  confirming  the  reports  of  the  register  and  receiver  of  the  land  March  2,  1829. 
office  for  the  district  of  St.  Stephens,  in  the  State  of  Alabama,  and  for  other  Vol.  4,  p.  358. 
purposes. 


Be  it  enacted,  #c.,  That  all  the  claims  to  lands  and  town  lots  contained  in     certain  land 
the  abstracts  denominated  A,  number   one,  D,  number  one,  E,  number  claims    in    Ala- 
one,  F,  number  one,  reported  to  the  Treasury  Department  by  the  reg-  bama  confirmed, 
ister  and  receiver  of  the  land  office  for  the  district  of  Saint  Stephens,  in 
the  State  of  Alabama,  under  the  provisions  of  the  act  of  Congress  of 
the  third  of  March,  one  thousand  eight  hundred  and  twenty-seven,  be, 
and  the  same  are  hereby,  confirmed  to  the  extent  therein  recommended 
for  confirmation. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  claims  contained  in     Others    con- 
special  reports,  numbered  one  to  four,  inclusive,  and  in  a  supplementary  firmed, 
report  of  the  said  register  and  receiver,  made  as  aforesaid,  be,  and  the 
same  are  hereby,  confirmed. 

SEC.  3.  And  be  it  further  enacted,  That  every  person  or  persons,  or  the     Certain  claims 
legal  representatives  of  such  person  or  persons,  who,  on  the  fifteenth  to  be  filed  with 
day  of  April,  one  thousand  eight  hundred  and  thirteen,  had,  for  ten  con-  JJhrer  at  St. 
secutive  years  prior  to  that  day,  been  in  possession  of  a  tract  of  land,  Stephens, 
not  claimed  by  any  other  person,  and  not  exceeding  the  quantity  con- 
tained in  one  league  square  ;  and  who  were,  on  that  day,  resident  in 
that  part  of  Louisiana  situated  east  of  Pearl  Kiver,  and  west  of  the 
Perdido,  and  below  the  thirty-first  degree  of  north  latitude,  and  had 
still  possession  of  such  tract  of  land,  shall  be  authorized  to  tile  their 
claim  in  the  manner  required  in  other  cases,  before  the  said  register 
and  receiver,  at  Saint  Stephens,  for  their  decision  thereon.    And  it 


614  ALABAMA, 

Register  and  shall  be  the  duty  of  the  said  register  and  receiver  to  hear  and  record, 
receiver  to  record  the  evidence  offered  to  support  such  claim  ;  and  if  the  same  shall  be 
port  oTcMm8sUP'  established  by  sufficient  proof,  agreeably  to  the  provisions  of  this  sec- 
If  sufficient  evi-  tion,  the  said  officers  shall,  in  their  report,  recommend  the  confirmation 
dence,  claims  to  of  the  right  to  such  claim,  as  in  other  cases  :  Provided,  That  no  more 
be  recommended  iand  8nan  t»e  reported  for  confirmation,  by  virtue  of  this  section,  than 
Proviso^  l°n' is  actaallJ  claimed  by  the  party,  or  than  is  contained  within  the  ac- 
knowledged and  ascertained  boundaries  of  the  tract  claimed  ;  nor  shall 
the  provision  of  this  section  authorize  the  confirmation  of  any  land 
heretofore  sold  by  the  United  States. 

Operation  of  SEC.  4.  And  le  it  further  enacted,  That  the  confirmation  of  all  the 
confirmation.  claims  provided  for  by  this  act  shall  amount  only  to  a  relinquishment 
for  ever,  on  the  part  of  the  United  States,  of  any  claim  whatever,  to  the 
tracts  of  land  and  town  lots  so  confirmed,  and  that  nothing  herein  con- 
tained shall  be  construed  to  affect  the  claim  or  claims  of  any  individual 
or  body  politic  or  corporate,  if  any  such  there  be. 

Register  and  SEC.  5.  And  be  it  further  enacted,  That  the  register  and  receiver  of  the 
receiver  to  direct  land  office  at  Saint  Stephens  be,  and  they  are  hereby,  invested  with 
™nd|  °8U^eat^lg  power  to  direct  the  manner  in  which  all  claims  to  lands  and  town  lots, 
c  o  n  f  i  r  me  d  w.hich  have  been  confirmed  by  this  and  former  acts  of  Congress,  in  their 
claims.  district,  shall  be  located  and  surveyed,  having  regard  to  the  laws,  usages, 

and  customs  of  the  Spanish  Government  on  that  subject,  and  also  the 
mode  adopted  by  the  Government  of  the  United  States,  in  surveying  t*  e 
claims  confirmed  by  virtue  of  the  second  and  third  sections  of  an  act 
of  Congress,  entitled  "An  act  regulating  the  grants  of  lands,  and  pro- 
viding for  the  disposal  of  the  lands  of  the  United  States,  south  of  the 
State  of  Tennessee,"  approved  the  third  of  March,  one  thousand  eight 
hundred  and  three ;  and  that  so  much  of  the  fourth  section  of  the  "Act 
supplementary  to  the  several  acts  for  adjusting  the  claims  to  land  and 
establishing  land  offices  in  the  district  east  of  the  island  of  New 
Orleans,"  approved  the  eighth  of  May,  one  thousand  eight  hundred 
and  twenty-two,  as  interferes  with  the  power  granted  to  the  register 
and  receiver  of  the  land  office  at  Saint  Stephens,  be,  and  the  same  is 
hereby,  repealed. 

Certificat  es      SEC.  6.  And  be  it  further  enacted,  That  certificates  of  confirmation  and 
and  patents  to  be  patents  shall  be  granted  for  all  lands  and  town  lots  confirmed  by  virtue 
of  the  provisions  of  this  act,  in  the  same  manner  as  patents  are  granted 
for  lands  and  town  lots  confirmed  under  former  acts  of  Congress. 
Compensation     SEC.  7.  And  be  it  further  enacted,  That  the  Secretary  of  the  Treasury 
to  receiver  at  St.  be,  and  he  is  hereby,  authorized  and  empowered  to  make  such  compen- 
£n?hervif0r  Cer"  sation>  not  exceeding  two  hundred  and  fifty  dollars,  in  addition  to  the 
sum  already  paid,  to  the  present  receiver  of  the  land  office  at  Saint 
Stephens,  as  to  him  may  seem  a  just  and  proper  equivalent  for  the 
services  rendered  by  him  in  the  discharge  of  the  duties  under  the  pro- 
visions of  an  act  of  Congress  passed  on  the  third  day  of  March,  one 
thousand  eight  hundred  and  twenty-seven,  (o) 

(a)  See  Nos.  718,  723, 1067, 1266, 1268, 1270, 1274, 1276, 1286,  1287,  1292,  1296,  1299,  1300, 
1422,1423,1424,1425,1426,1430,1432,  1433,  1435,  1437,  1438,  1439,  1440,  1461,  1479, 
1527, 1585. 


March  2, 1829.   No.  1485.— AN  ACT  for  the  benefit  of  the  trustees  of  the  Valley  Creek  Academy, 
Vol.  6,  p.  398.  in  the  State  of  Alabama. 

Trustees    an-     **e  *'*  enact€d>  4'c">  That  the  trustees  of  the  Valley  Creek  Academy,  in 
thorized  to  enter  the  State  of  Alabama,  be,  and  they  are  hereby,  authorized  to  enter  with 
certain  land,  &c.  the  register  of  the  Cahawba  land  district,  in  said  State,  the  northwest 
quarter  of  section  number  twenty-six,  in  township  number  eighteen, 
range  number  ten  ;  and  upon  paying  to  the  receiver  of  public  moneys 
for  the  said  district,  at  the  rate  of  one  dollar  and  twenty-five  cents  an 
acre,  the  said  trustees  shall  be  entitled  to  receive  a  patent  for  the  said 
quarter-section,  vesting  the  title  to  the  same  in  them  and  their  succes- 
sors for  ever. 


March  6, 1830.    No.  I486  .—A  PROCLAMATION  by  the  President  of  the  United  States  of  America 
Vol.  11,  p.  770.  ordering  persons  to  remove  from  the  public  lands. 

Preamble  Whereas  it  has  been  represented,  that  many  uninformed  or  evil  dis- 

posed persons  have  taken  possession  of,  or  made  settlement  on,  the  pub- 
lic lands  of  the  United  States,  within  the  district  of  lands  subject  to 
sale,  at  Huntsville,  in  the  State  of  Alabama,  which  have  not  been  pre- 
viously sold,  ceded,  or  leased  by  the  United  States,  or  the  claim  to  which 


ALABAMA.  615 

lands,  by  such  persons,  has  not  been  previously  recognized  and  con- 
firmed by  the  United  States  ;  which  possession  or  settlement  is,  by  the 
act  of  Congress,  passed  on  the  third  day  of  March,  one  thousand  eight 
hundred  and  seven,  expressly  prohibited  ;  and  whereas,  the  due  execu- 
tion of  the  said  act  of  Congress,  as  well  as  the  general  interest,  require 
that  such  illegal  practices  should  be  promptly  repressed : 

Now,  therefore,  I,  Andrew  Jackson,  President  of  the  United  States,     Ordering  per- 
haye  thought  proper  to  issue  this  my  proclamation,  commanding  and  sons  to  remove 
strictly  enjoining  all  persons  who  have  unlawfully  taken  possession  of,  or  [™m  the  public 
made  any  settlement  on,  or  who  now  unlawfully  occupy  any  of  the  pub- 
lic lands  within  the  district  of  lands  subject  to  sale  at  Huntsville,  in 
the  State  of  Alabama,  as  aforesaid,  forthwith  to  remove  therefrom ;  and 
I  do  hereby  further  command  and  enjoin  the  marshal,  or  officer  acting 
as  marshal,  in  that  State,  where  such  possession  shall  have  been  taken, 
or  settlement  made,  to  remove,  from  and  after  the  first  of  September, 
one  thousand  eight  hundred  and  thirty,  all  or  any  of  the  said  unlawful 
occupants ;    and  to  effect  the  said  service,  I  do  hereby  authorize  the 
employment  of  such  military  force  as  may  become  necessary,  in  pursu- 
ance of  the  provisions  of  the  act  of  Congress  aforesaid,  warning  the 
offenders;  moreover,  that  they  will  be  prosecuted  in  all  such  other  ways, 
as  the  law  directs. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  United  States  of 
America  to  be  affixed  to  these  presents,  and  signed  the  same  with  my 
hand. 

Done  at  the  city  of  Washington,  the  sixth  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty,  and  of  the  inde- 
pendence of  the  United  States  of  America  the  fifty-fourth. 

[L.  s.J  ANDREW  JACKSON. 

By  the  President : 

M.  VAN  BUREN,  Secretary  of  State. 


No.  1487.— AN  ACT  to  extend  the  time  for  commencing  the  improvement  of  the     April  24  1830. 
navigation  of  the  Tennessee  Kiver.  Vol.  4,  p.'  397. 

Be  it  enacted,  $c.,  That  the  time  for  commencing  the  improvement  of  ~~^. ~ — 

the  navigation  of  the  Tennessee  River,  under  an  act  of  Congress  "  to  menc?ng  &cC(ex- 
grant  certain  relin  quished  and  unappropriated  lands  to  the  State  of  Ala-  tended  to  Dec.  1, 
bama,  for  the  purpose  of  improving  the  navigation,  of  the  Tennessee,  1830. 
Cahawba,  and  Black  Warrior  rivers,"  approved  the  twenty-third  day 
of  May,  one  thousand  eight  hundred  and  twenty-eight,  be,  and  the 
same  is  hereby,  extended  to  the  first  day  of  December  next,  (a) 

(a)  See  Nos.  1481, 1495, 1518, 1524, 1533. 

No.  1488.— AN  ACT  for  the  benefit  of  Daniel  M'Duff.  A  pil  24  Ig3() 

Be  it  enacted,  $c.,  That  Daniel  M'Duff  be,  and  he  is  hereby  authorized     Vol.  6,  p.  415. 
to  locate  his  warrant  for  military  bounty  land,  in  the  county  of  Jack-     Authorized  to 
son,  and  State  of  Alabama,  so  as  to  include  his  improvement  in  Ash-  locate   his  war- 
burn's  Cove,  by  legal  subdivisions,  in  adjoining  tracts,  nob  to  exceed  in  rant  for  bounty 
the  whole  three  hundred  and  twenty  acres  or  half  a  section.  J^nd  "J.  Jac^son 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  said  bama       ' 
Daniel  M'Duff,  upon  surrendering  to  the  register  of  the  land  office  at     May    enter   a 
Huntsville,  his  said  warrant  for  military  bounty  land,  paying  one  dol-  half-section,  &c. 
lar  and  twenty-five  cents  an  acre,  for  the  excess  over  and  above  three 
hundred  acres  of  land  expressed  in  said  warrant,  and  making  proof  be- 
fore said  register  of  the  quarter-section  in  which  said  improvement  lies, 
to  enter  one  half-section  of  land  as  aforesaid;  and  thereupon  it  shall  be 
the  duty  of  said  register  to  issue  to  said  Daniel  M'Duff  a  final  certifi- 
cate of  purchase  ;  and  to  forward  the  same,  together  with  said  warrant, 
to  the  Commissioner  of  the  General  Land  Office,  whose  duty  it  shall  be 
to  issue  a  patent  or  patents  for  the  land  so  entered. 


No.  1489.— AN  ACT  for  the  relief  o£  Captain  John  Woods.  Ma    gg  1830 

Be  it  enacted,  #c.,  That,  instead  of  the  reservation  of  six  hundred  and     Vol.  6,  p.  438. 
forty  acres,  heretofore  surveyed  in  a  square,  and  allowed  to  the  said     certain     land 
John  Woods,  a  Cherokee  Indian,  in  the  county  of  Jackson,  in  the  State  allowed  him. 
of  Alabama,  the  said  John  Woods  be,  and  he  is  hereby,  allowed  to  take 
his  reservation,  of  the  like  quantity  of  six  hundred  and  forty  acres,  in 


616 


ALABAMA. 


Proviso. 


the  county  aforesaid,  according  to  the  following  metes  and  bounds,  to 
wit :  Beginning  at  a  large  poplar,  on  the  State  line  ;  thence,  south  fif- 
teen degrees  east,  sixty  poles,  to  a  stake ;  thence,  south  forty-eight 
degrees  east,  twenty  poles,  to  a  stake ;  thence,  south  twenty-seven 
degrees  east,  sixty-four  poles  to  a  sourwood ;  thence,  south  fifty  degrees 
east,  forty- eight  poles  to  a  dogwood ;  thence,  south  sixty-seven  degrees 
east,  two  hundred  and  eighty-eight  poles,  to  a  white-oak  ;  thence,  south 
seven  degrees  west  fifty-two  poles  to  a  white-oak;  thence,  south 
forty-one  degrees  west,  fifty-five  poles,  to  a  large  white-oak ;  thence, 
south  twenty-four  degrees  east,  twenty  poles  to  a  black  walnut ;  thence, 
west  two  hundred  and  six  poles  to  a  large  white-oak  on  the  south  side 
of  the  cove ;  thence,  north  fifty-nine  degrees  west,  one  hundred  and 
four  poles,  to  a  hickory ;  thence,  north  twelve  degrees  west,  fifty  poles, 
to  a  Spanish  oak ;  thence,  north  thirty-one  degrees  west,  thirty-nine 
poles,  to  a  stake  ;  thence,  north  eleven  degrees  west,  eighteen  poles,  to 
an  elm ;  thence,  north  thirty  degrees  west,  forty-two  poles,  to  a  white- 
oak  ;  thence,  north  forty  seven  degrees  west,  thirty-six  poles,  to  a  ham- 
ham  ;  thence,  north  seventy-seven  degrees  west,  fourteen  poles,  to  a 
stake  above  the  head  of  a  spring;  thence,  north  forty  degrees  west, 
fifty-seven  poles,  to  the  edge  of  the  west  part  of  Box's  cove,  to  a  small 
beech ;  thence,  west  two  hundred  and  fifteen  poles,  to  a  box-elder ; 
thence,  north  seventy  poles,  to  a  beech ;  thence,  east  one  hundred  and 
thirty  poles,  to  a  stake,  north  fifty  degrees  east,  sixty  poles,  to  a  white- 
oak  at  the  foot  of  a  rocky  bluff;  thence,  east  one  hundred  and  sixty 
poles,  to  the  beginning  ;  Provided,  That  nothing  contained  in  this  act 
shall  be  construed  to  authorize  the  removal  of  any  individual  who  may 
have  settled  upon,  and  may  now  occupy,  any  part  of  the  land  included 
within  the  metes  and  bounds  aforesaid,  without  the  consent  of  such 
occupant. 


May  28,  1830.     No.  1490.— AN  ACT  for  the  relief  of  Alexander  Montgomery,  John  H.  Watts,  and 
Vol.  6,  p.  433.  the  administrators  of  John  Wilson,  deceased. 

~~p  H  Wattg  Be  it  enacted,  <j-c.,  That  John  H.  Watts,  of  the  State  of  Alabama,  be, 
authorized  to  re-  and  he  is  hereby,  authorized  to  relinquish  to  the  United  States,  in  such 
linquish  a  patent  manner  as  the  Commissioner  of  the  General  Land  Office  may  prescribe, 
"  an  tne  Pateufc  heretofore  issued  in  his  favor,  for  the  east  half  of  the  north- 

east  quarter  of  section  twenty-one,  in  township  ten,  of  range  twelve, 
in  the  Cahaba  district ;  and  upon  the  execution  of  such  relinquishment, 
the  moneys  heretofore  paid  upon  the  said  east  half  of  the  northeast 
quarter,  shall  be  applied  to  the  payment  of  the  west  half  of  the  same 
quarter,  and  the  Commissioner  shall  cause  a  patent  to  be  granted 
therefor. 


May  28,  1830. 
Vol.  6,  p.  435. 


No.  1491.— AN  ACT  for  the  relief  of  Wallace  Robinson. 
Be  it  enacted,  <$-c.,  That  Wallace  Robinson  be,  and  he  is  hereby,  au- 


Authorized  to  thorized  to  surrender  to  the  register  of  the  land  office  at  St.  Stephen's, 
surrender  a  cer-  Alabama,  the  patent  which  issued  to  him  on  the  twentieth  day  of 
Senteranother  October,  one  thousand  eight  hundred  and  twenty-three,  for  the  west 
therefor,  &c.        half  of  the  southwest  quarter  of  section  twenty-nine,  in  township  seven- 
teen, of  range  one  east,  in  the  district  east  of  Pearl  River,  in  the  said 
State ;  and  that  the  said  Wallace  Robinson  be  authorized,  in  lieu  there- 
of, to  enter  with  said  register  the  west  half  of  the  southwest  quarter 
of  section  twenty-nine,  in  township  seventeen,  of  range  two  east,  in 
Proviso.  the  same  district,  for  which  a  patent  shall  issue :  Provided,  That  the 

said  last-named  half  quarter-section  shall  remain  unsold  and  unappro- 
priated, and  that  the  said  Wallace  Robinson  shall,  at  the  time  of  surren- 
dering said  patent  for  the  first-named  half  quarter-section,  file  there- 
with a  release  of  all  title  to  the  same. 


May  29,  1830.     No.  1 492.— AN  ACT  to  relinquish  the  reversionary  interest  of  the  United  States  in 
Vol.  6,  p.  441.  certain  Indian  reservations  in  the  State  of  Alabama. 

Certain   rever-      ^e  ^  enac^^">  $'c->  That  all  the  right,  title,  and  interest,  which  might 

sionary  interests,  accrue  or  revert  to  the  United  States,  to  the  reservations  of  land  now 

claimed  and  possessed  by  Conaleskee,  commonly  called  Challenge,  James 

Ore,  and  Giles  McAnulty  and  his  wife  Alice,  and  William  Wilson  and  his 

wife  Peggy  Wilson,  under  a  treaty  made  and  concluded  between  the 


ALABAMA. 


617 


United  States  and  the  Cherokee  tribe  of  Indians,  on  the  eighth  day  of 
July,  one  thousand  eight  hundred  and  seventeen  ;  and  all  the  right, 
title,  and  interest,  which  might  accrue  or  revert  to  the  United  States, 
to  reservations  of  land,  now  claimed  and  possessed  by  George  Stiggins 
and  Arthur  Sizemore,  under  a  treaty  made  and  concluded  between  the 
United  States  and  the  Creek  Indians,  at  Fort  Jackson,  on  the  ninth,  day 
of  August,  one  thousand  eight  hundred  and  fourteen,  all  lying  in  the 
State  of  Alabama,  be,  and  the  same  are  hereby,  relinquished,  and  vested 
in  the  said  reservees,  and  their  heirs,  respectively  :  Provided,  That  the 
said  Conaleskee,  commonly  called  Challenge,  James  Ore,  Giles  McAnulty, 
and  William  Wilson,  George  Stiggins,  and  Arthur  Sizemore,  with  their 
respective  families,  shall  remove  to  their  respective  tribes  west  of  the 
Mississippi  River,  not  included  within  any  State  or  Territory  ;  and  that 
the  Government  of  the  United  States  shall  not  be  chargeable  with  the 
expense  of  their  removal  or  transportation,  or  with  any  allowance  of 
land  to,  or  on  account  of  either  of  them,  or  their  respective  families; 
And  provided,  also,  That  no  conveyance  or  deed  of  the  said  lands,  or 
any  part  of  them,  shall  be  valid  or  effectual,  until  every  such  conveyance 
or  deed  shall  be  submitted  to  one  of  the  district  attorneys  for  the  district 
of  Alabama,  for  his  approbation  ;  and  if,  after  inquiry  into  the  facts 
and  circumstances  attending  the  contracts  for  the  sale  of  any  of  the 
said  lands,  he  shall  be  satisfied  that  such  contracts  are  fair,  and  that 
the  consideration  paid,  or  agreed  to  be  paid  therefor,  is  adequate,  he 
shall  indorse  his  approbation  on  each  conveyance  and  deed  so  approved; 
and,  thereafter,  the  same  [shall]  be  deemed  valid  and  effectual,  (a) 

(a)  See  Nos.  1577,  1580. 


Relinquished. 
Proviso. 


Proviso. 


No.  1493.—  AN  ACT  for  the  relief  of  John  Glass.  May  29,  1830. 

Be  it  enacted,  $c.,  That,  whenever  John  Glass,  of  Lawrence  County,  _Z^ll!5l— 
Alabama,  shall  produce  to  the  register  and  receiver  of  public  moneys     Land  patent  to 
in  the  land  office  at  Huntsville,  in  said  State,  satisfactory  evidence  that  issue  on  certain 
he  is  equitably  entitled  to  the  northeast  quarter  of  section  four  in  town-  co        )n8' 
ship  five,  of  range  seven  west,  in  the  district  of  land  sold  at  Huntsville, 
and  shall  pay  to  the  said  receiver  of  public  moneys  the  balance  of  the 
purchase  money  due  on  said  quarter-section,  without  interest,  and  de- 
ducting therefrom  thirty-seven  and  a  half  per  centum,  the  said  John 
Glass  shall  be  entitled  to  receive  a  patent  for  the  said  quarter-  section  : 
Provided,  Said  Glass  shall  make  said  proof,  and  pay  said  balance,  with    Proviso. 
the  deduction  aforesaid,  on  or  before  the  first  day  of  January  next  ; 
and  that  the  patent  hereby  directed  to  be  issued  shall  only  operate  as 
a  relinquishment  from  the  United  States,  as  far  as  regards  the  moiety 
which  might  have  been  claimed  by  Alexander  McQuie. 

SEC.  2.  And  le  it  further  enacted,  That  the  said  John  Glass  may,  under 
the  conditions  and  restrictions  contained  in  the  foregoing  section,  in 
his  election,  avail  himself  of  the  provisions  of  "An  act  for  the  relief  of  of  ch  31, 
purchasers  of  public  lands,  and  for  the  suppression  of  fraudulent  prac- 
tices at  the  public  sales  of  the  lands  of  the  United  States,"  passed  at 
the  present  session  of  Congress. 


May  avail  him- 
^  °*  *ne.  P10: 


No.  1494.—  AN  ACT  to  amend  an  act,  entitled  "An  act  to  provide  for  paying  to  the  Jan.  19,  1831. 
States  of  Missouri,  Mississippi,  and  Alabama,  three  per  centum  of  the  net  proceeds  Vol.  4,  p,  432. 
arising  from  the  sale  of  the  public  lands  within  the  same. 

[See  MISSOURI,  No.  lOlo.] 


No.  1495  —  AN  ACT  to  amend  the  act  granting  "certain  relinquished  and  unap- 
propriated  lands  to  the  State  of  Alabama,  for  the  purpose  of  improving  the  navi 


peD>  jg,  1831. 
yoi>  4  p.  441 

gation  of  the  Tennessee,  Coosa,  Cahawba,  and  Blackwariior  rivers,"  approved  the  _  '.  —  ! 
twenty-third  day  of  May,  one  thousand  eight  hundred  and  twenty-eight 

Be  it  enacted,  ^-c.,  That  it  shall  and  may  be  lawful  for  the  State  of     state  of 


Ala- 

Alabama,  by  the  board  of  canal  commissioners  appointed  by  her  for  hama  authorized 
that  purpose,  to  contract  for  and  construct  that  part  of  the  canal  round  to  contract;«  &0- 
the  Muscle  Shoals,  beginning  at  Campbell's  Ferry,  and  running  up  the 
river  to  Lamb's  Ferry,  before  they  contract  for,  or  complete  that  part  of 
the  said  contemplated  canal  between  Campbell's  Ferry  and  Florence  ; 
any  thing  in  the  act  to  which  this  is  an  amendment  to  the  contrary 
notwithstanding. 


618  ALABAMA. 

United  States  SEC.  2.  And  be  it  further  enacted,  Ttiat  it  shall  be  the  duty  of  the  eugi- 
engineers  to  fur-  neers  of  the  United  States  who  have  this  matter  in  charge,  to  furnish 
to  said  board  of  commissioners,  as  soon  as  practicable,  a  plan  of  that 
section  of  the  canal  above  contemplated  first  to  be  executed,  connect- 
ing it  with  the  river  at  or  near  to  Campbell's  Ferry,  and  at  the  most 
eligible  point  at,  or  immediately  below  Lamb's  Ferry,  on  the  cheapest 
practicable  plan,  in  conformity  with  said  original  act,  to  be  approved 
by  the  President  of  the  United  States. 

Plan     pre-      SEC.  3.  And  be  it  further  enacted,  That  the  section  of  said  canal  above 

scribed.  Lamb's  Ferry,  shall,  by  said  engineers,  be  so  planned  as  to  connect  it 

with  the  deep  water  in  the  river  at  or  above  Lamb's  Ferry ;  and  the 

section  below  Campbell's  Ferry,  shall,  in  like  manner,  be  connected 

with  the  deep  water  at  or  below  said  last- mentioned  ferry,  (a) 

(a)  See  Xos.  1481,  1487,  1518,  1524,  1533. 


Feb.  12,  1831.      No.  1 496.— AN  ACT  for  the  relief  of  Willi  am  Smith,  administrator  of  John  Taylor, 
Vol.  6,  p.  452.  deceased. 


Relinquish-  Be  it  enacted,  <$-c.,  That  the  register  of  the  land  office  at  Cahaba  be, 
ment  of  certain  and  ne  is  hereby,  authorized  and  directed  to  cancel  the  relinquishment 
celed.  m  made  bv  the  8aid  William  Smith,  as  administrator  of  John  Taylor,  de- 

ceased, on  the  thirty-first  day  of  March,  one  thousand  eight  hundred 
and  twenty-five,  of  the  west  half  of  the  southwest  quarter  of  land,  of 
section  fifteen,  in  township  ten,  of  range  fourteen,  in  Butler  County, 
in  the  State  of  Alabama,  and  which  etill  remains  unsold  by  the  United 
States ;  and  that  he  be  authorized  and  directed  to  deliver  over  the  cer- 
tificate therefor  to  the  said  William ;  and  the  said  William  Smith  is 
authorized  and  empowered  to  dispose  of  the  same  by  assignment  or 
otherwise,  in  as  full  and  ample  manner,  to  all  intents  and  purposes, 
which  he  might  or  could  have  done  before  the  relinquishment  thereof ; 
and  that  all  the  benefits  and  privileges  given  by  this  act  to  the  said 
William  Smith  shall  be  given  and  extended  to  his  assignee  or  assignees  ; 
and  that  the  said  William  Smith,  or  his  assignee  or  assignees,  be  allowed 
to  hold  the  same,  free  from  forfeiture  for  twelve  months  from  the 
Proviso.  passage  of  this  law  :  Provided,  nevertheless,  That  the  said  William  Smith, 

shall,  before  he  be  entitled  to  the  benefit  of  this  act,  pay  over  to  the 
receiver  of  public  moneys  at  Cahaba,  the  sum  of  ninety-nine  dollars  and 
ninety-eight  and  a  quarter  cents,  that  being  the  full  amount  of  money 
which  had  been  paid  thereon  previous  to  the  relinquishment,  and 
which  has  been  transferred  and  credited  on  other  lands  purchased  by 
his  intestate  in  his  lifetime. 


Feb.  19  1831.      No.  1497.  —  AN"  ACT  to  alter  and  amend  "An  act  to  set  apart  and  dispose  of  cer- 
Vol.  4,  p.  444!          tain  public  lands  for  the  encouragement  of  the  cultivation  of  the  vine  and  olive." 
Be  it  enacted,  <$-c.,  That  all  persons  entitled  to  lands,  under  a  contract 


0^8  jntl  entered  into,  on  the  eighth  of  January,  eighteen  hundred  and  nineteen, 
der,  &c  bv  the  Secretary  of  the  Treasury  on  the  part  of  the  United  States,  and 

Charles  Villar,  agent  of  the  Tombecbee  Association,  in  pursuance  of 
"An  act  to  set  a/part  and  dispose  of  certain  public  lands  for  the  encour- 
agement of  the  cultivation  of  the  vine  and  olive,"  approved  on  the  third 
of  March,  eighteen  hundred  and  seventeen,  their  heirs,  devisees  or  as- 
"W  h  o  appear,  signs,  who  appear  by  the  report  of  William  L.  Adams,  special  agent  of 
&c.,  to  have  pre-  the  Treasury,  appointed  in  compliance  with  a  resolution  of  the  Senate, 
emption  right,      passed  the  twentieth  of  May,  eighteen  hundred  and  twenty-six,  to  have 
complied  with  the  conditions  of  settlement  and  cultivation,  as  stipu- 
lated for  in  said  contract,  or  who  shall  hereafter  make  it  appear  to  the 
satisfaction  of  the  Secretary  of  the  Treasury,  that  they  have  so  complied, 
shall,  on  paying  into  the  Treasury  one  dollar  and  twenty-five  cents  the 
acre  previous  to  the  third  of  March,  eighteen  hundred  and  thirty-three, 
receive  a  patent  for  the  same. 

Other  persons  SEC.  2.  And  be  it  further  enacted,  That  all  persons  who  became  entitled 
^  ht&  V6  same  to  an  allotment  of  land  under  said  contract,  their  heirs,  devisees  or  as- 
signs, who  have  failed  to  comply  with  the  conditions  of  settlement  and 
cultivation  within  the  period  required  thereby,  who  at  the  time  of  the 
passage  of  this  act  shall  be  in  the  actual  occupancy  and  cultivation  of 
the  same,  shall,  on  paying  into  the  Treasury  one  dollar  and  twenty-five 
[cents]  the  acre,  previous  to  the  third  of  March,  eighteen  hundred  and 
thirty-three,  receive  a  patent  for  the  same. 


ALABAMA. 


619 


SEC.  3.  And  be  it  further  enacted,  That  the  widow  and  children  of  any    Widows 
person  who  became  entitled  to  an  allotment  of  land  under  said  con-  children, 
tract,  and  died  without  performing  the  conditions  required,  shall,  on 
paying  into  the  Treasury  one  dollar  and  twenty-five  cents  per  acre, 
previous  to  the  third  of  March,  eighteen  hundred  and  thirty-three,  re- 
ceive a  patent  for  the  same,  (a) 

(a)  See  Nos.  1444, 1458, 1521, 1543. 


and 


No.  1498.— AN  ACT  confirming  the  claim  of  John  B.  Toulmin  to  a  lot  in  the  city     March  2, 1881. 

of  Mobile.  Vol.  6.  p.  460. 

Be  it  enacted,  #c.,  That  John  B.  Toulmin  be,  and  he  is  hereby,  con-    claim  to  a  lot 
firmed  in  his  claim  to  a  lot  in  the  city  of  Mobile,  bounded  west  by  Saint  in  Mobile  con- 
Joseph  street,  north  by  Saint  Anthony  street,  and  on  the  east  by  Royal  firmed. 
street,  originally  granted  to  John  Linder:  Provided,  however,  Thatnoth-     Proviso, 
ing  in  this  act  contained  shall  be  so  construed  as  to  prevent  adverse 
claimants  from  asserting  their  rights,  in  a  court  of  justice. 


W o.  1 499.— AN  ACT  to  ascertain  and  mark  the  line  between  the  State  of  Alabama     March  2, 1831. 
and  the  Territory  of  Florida,  and  the  northern  boundary  of  the  State  of  Illinois,  and     VoL  4,  p.  479. 
for  other  purposes. 

Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he  Boundary, 
is  hereby,  authorized  to  cause  to  be  run  and  marked  the  boundary  line 
between  the  State  of  Alabama  and  the  Territory  of  Florida,  by  the  sur- 
veyors-general of  Alabama  and  Florida,  on  the  thirty-first  degree  of 
north  latitude ;  and  it  shall  be  the  duty  of  the  surveyor-general  of  Flor- 
ida to  connect  the  public  surveys  on  both  sides  with  the  line  so  run  and 
marked,  (a) 

SEC.  2.  And  be  it  further  enacted,  That  patents  shall  be  issued  for  such    Certain  pat- 
tracts  of  land  as  were  sold  and  paid  for  at  the  land  office  at  Tallahassee,  ents  to  issue, 
in  the  Territory  of  Florida,  as  are  found  to  be  situate  within  the  limits   » 
of  the  district  of  lands  subject  to  sale  at  Sparta,  in  Alabama,  agreeably 
to  the  terms  of  the  act  organizing  that  district ;  and  the  said  entries  and 
sales  shall  be  as  valid,  in  every  respect,  as  if  they  had  been  made  in  the 
land  district  of  Alabama.  (&) 

*  *  •  •  »  •  * 

(a)  See  Nos.  707,  1264,  1265,  1285,  1420,  1421,  1427, 1431,  1443,  1452,  1453. 

(b)  See  Nos.  718,  1266,  1279,  1422,  1428,  1430,  1450, 1456,  1011,  1523,  1568,  1574. 


No.  150O.— AN  ACT  to  create  the  office  of  surveyor  of  the  public  lands  for  the 
State  of  Louisiana. 

[Maps,  records,  &c.,  relating  to  lands  in  Alabama,  to  be  delivered  to 
surveyor  for  the  State  of  Alabama.    See  LOUISIANA,  No.  777.] 


March  3, 1831. 
Vol.  4,  p.  492. 


No.  1501  .—AN  ACT  for  the  relief  of  Dixon  Spears. 

Be  it  enacted,  fc.,  That  Dixon  Spears,  of  the  county  of  Laurence,  in 
the  State  of  Alabama,  be,  and  he  is  hereby  authorized,  to  surrender  to 
the  register  and  receiver  of  the  land  office  at  Huntsville,  in  said  State 
of  Alabama,  the  certificate  heretofore  issued  to  him,  for  the  west  half  of  &c> 
the  northeast  quarter  of  section  twenty-three,  township  six,  and  range 
eight,  west  of  the  meridian  of  Huntsville,  which  was  purchased  by  him 
through  mistake  ;  and  said  Dixou  Spears  on  filing  his  relinquishment 
to  all  right  and  title  thereto,  is  authori  zed  to  enter  in  the  said  land 
office  at  Huntsville,  the  east  half  of  the  northeast  quarter,  in  the  town- 
ship and  range  aforesaid,  and  in  payment  therefor,  shall  be  credited 
with  the  amount  of  money  which  was  paid  for  the  tract  first  named  : 
Provided,  That  said  half  quarter-section  shall  remain  unsold  until  ap- 
plication  to  purchase  be  made  by  said  Spears,  and  in  the  event  that  it 
shall  have  been  sold  before  such  application,  then  said  Dixon  Spears 
shall  be  entitled  to  a  certificate  from  the  register  and  receiver,  stating 
the  amount  which  has  been  by  him  so  paid  by  mistake,  which  shall  be 
received  in  payment  for  any  land  of  the  United  States,  which  may 
hereafter  be  offered  for  sale. 


Jan.  19,  1832. 
Vol.6,  p.  472. 

Authorized  to 
sec- 


Proviso. 


620  ALABAMA. 

Feb.  18,  1832.  IVo.  1502.— AN  ACT  for  the  relief  of  John  Proctor. 

Be  it  enacted,  <$-c.,  That  John  Proctor,  of  the  county  of  Perry,  in  the 


Authorized  to  State  of  Alabama,  be,  and  he  is  hereby  authorized  to  surrender  the  cer- 

ceSftcate  &cn  tificate  issued  to  him  from  tbe  land  office  at  Cahawba,  in  said  State, 
for  the  east  half  of  the  northwest  quarter-section  twenty-six,  township 
twenty,  range  seven,  east  of  the  meridian,  which  was  entered  by  him 
through  mistake ;  and  on  filing  his  relinquishment  to  all  right  and  title 
thereto,  said  John  Proctor  is  authorized  to  enter  in  said  land  office  at 
Cahawba,  the  east  half  of  the  northwest  quarter-section  twenty-seven, 
in  township  twenty,  and  range  seven ;  and  in  payment  therefor,  shall 
be  credited  with  the  amount  of  money  which  was  paid  for  the  tract 
first  named. 


Feb.  24, 1832.     No.  1503.— AN"  ACT  for  the  relief  of  the  heirs  of  William  Robertson,  deceased, 
Vol.  6,  p.  476.  and  Daniel  S.  Leonard. 

Robertson  an-     Se  **  enact^9  $c->  That  the  heirs  of  William  Robertson,  late  of  Madi- 
thorized  to  sur-  son  County,  Alabama,  deceased,  be,  and  they  are  hereby,  authorized  to 
render  certificate  surrender,  in  the  land  office  at  Huntsville,  in  the  State  aforesaid,  the 
of  further  credit,  "  certificate  of  further  credit,"  bearing  date  on  the  seventh  of  Septem- 
ber, one  thousand  eight  hundred  and  twenty-one,  which  issued  to  the 
said  William  Robertson,  in  his  lifetime,  for  the  northeast  quarter  of 
section  number  four,  in  township  number  one,  of  range  number  two  east, 
in  the  district  of  lands  offered  for  sale  at  Huntsville  ;  and,  on  the  pay- 
ment of  the  balance  due,  if  any,  under  the  act  of  Congress,  entitled  "An 
act  supplemental  to  an  act,  passed  on  the  thirty -first  March,  eighteen 
hundred  and  thirty,  entitled  'An  act  for  the  relief  of  purchasers  of  pub- 
lic lands,  and  for  the  suppression  of  fraudulent  practices  at  the  public 
sales  of  lands  of  the  United  States,' "  passed  on  the  twenty-fifth  day  of 
February,  eighteen  hundred  and  thirty-one,  the  said  heirs  of  the  said 
William  Robertson,  deceased,  shall  be  entitled  to  a  patent  for  the  said 
quarter-section  of  land,  in  all  respects,  as  they  would  have  been  if  said 
certificate  had  been  surrendered,  and  such  balance  paid,  at  or  before 
the  expiration  of  the  time  limited  for  that  purpose  by  the  provisions  of 
Proviso.  said  act :  Provided,  Said  quarter-section  of  land  shall  not  have  been,  be- 

fore such  surrender  of  said  certificate,  purchased  by  any  other  person ; 
and,  in  that  event  a  certificate  shall  issue  to  said  heirs  from  said  land 
office,  for  the  full  amount  which  may  have  been  paid  by  the  said  Rob- 
ertson, in  his  lifetime,  which  shall  be  received  in  payment  for  any  land 
of  the  United  States  which  may  be  hereafter  sold. 

D.  S.  Leonard     SEC.  2.  And  be  it  further  enacted,  That  Daniel  S.  Leonard,  who  was  the 

authorized   to  purchaser  of  the  northeast  quarter  of  section  twenty-two,  in  township 

avail  himself  of  One,  of  range  one,  east  of  the  basis  meridian  of  lands  offered  for  sale  at 

1831  °f  F6b>  25>  Huntsville,  Alabama,  be,  and  he  is  hereby,  authorized  to  avail  himself 

of  the  provisions  of  the  act  referred  to  in  the  foregoing  section  of  this 

act,  which  was  passed  on  the  twenty-fifth  day  of  February,  one  thousand 

eight  hundred  and  thirty-one,  under  the  limitations  and  restrictions 

prescribed  for  the  heirs  of  the  said  William  Robertson,  deceased. 

March  15, 1832.       yo.  1504.— AN"  ACT  for  the  relief  of  Robert  Jones  and  William  A.  Fleming. 

'  '        Be  it  enacted,  $c.,  That  Robert  Jones,  of  the  county  of  Jackson,  in  the 


Robert    Jones  State  of  Alabama,  be,  and  be  is  hereby,  authorized  to  surrender  the  cer- 
authorized  to  tificate  which  heretofore  issued  to  him  from  the  land  office  at  Hunts- 
certmcate  &c      ville,  in  said  State,  for  the  southeast  quarter  of  fractional  section  num- 
ber eleven,  in  township  number  one,  of  range  number  eight,  east  of  the 
meridian,  which  was  entered  by  him  through  mistake ;  and,  on  filing 
therewith  his  relinquishment  of  all  right  and  title  thereto,  said  Robert 
Jones  is  authorized  to  enter  in  the  said  land  office,  at  Huntsville,  the 
southeast  quarter  of  fractional  section  number  fourteen,  in  the  town- 
ship and  range  aforesaid,  and,  in  payment  therefor,  shall  be  credited  to 
the  amount  of  money  which  was  paid  for  the  tract,  or  quarter-section 
Proviso.  nrs.t  named  :  Provided,  The  said  last- mentioned  quarter-section  shall  re- 

main unsold  till  application  to  purchase  be  made  by  said  Jones  ;  and, 
in  the  event  that  said  last-named  quarter-section  shall  have  been  sold 
before  such  application,  then  said  Robert  Jones  shall  be  entitled  to  a 
certificate  for  the  amount  which  has  been  so  paid  by  mistake  on  the 
first-named  tract,  which  shall  be  received  in  payment  for  any  other  land 
of  the  United  States  which  may  be  hereafter  sold. 


ALABAMA.  621 

No.  1505.— AN  ACT  for  the  relief  of  William  Williamson.  March  15, 1832. 

Be  it  enacted,  $-c.,  That  it  shall  and  may  be  lawful  for  the  register  and  re- I—Li! L_ 

ceiver  of  the  land  office  at  St.  Stephens,  to  correct  the  mistake  committed    Mistake  in  re- 
by  William  Williamson  in  the  relinquishment  made  by  him,  the  tenth  }^uis^ent  °f 
September,  one  thousand  eight  hundred  and  twenty-one,  of  the  west  rected. 
half  instead  of  the  east  half  of  fractional  section  number  six,  township 
number  nine,  range  number  seventeen  west ;  and  upon  the  said  William- 
eon  surrendering  the  original  grant  for  the  east  half  of  said  fractional 
section  which  has  issued  to  him  in  consequence  of  the  mistake  afore- 
said, the  register  and  receiver  shall  apply  the  money  heretofore  paid 
into  the  land  office  to  the  west  half  of  said  fractional  section,  and  give 
to  the  said  Williamson  the  certificate  of  payment  necessary  to  enable 
him  to  obtain  a  grant  from  the  United  States  for  the  said  west  half  of 
said  fractional  section  :  Provided,  That  nothing  herein  shall  be  so  con-    Proviso, 
strued  as  to  affect  the  claim  of  any  other  person  to  the  said  tract  of  land. 


No.  1506.— AN  ACT  for  the  relief  of  Thomas  Dennis,  and  the  legal  representative     March  31, 1832. 
of  Asa  Hartfleld.  Vol.  6,  p.  483. 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office   Patents  for  land 
cause  to  be  issued  to  Thomas  Dennis,  of  the  State  of  Alabama,  patents  to  be  issued  to  T. 
for  the  following  tracts  of  land ;  the  east  half  of  the  northwest  quarter  Dennis- 
of  section  number  nine,  in  township  number  twenty- two,  range  one, 
east ;  and  the  east  half  of  the  southwest  quarter  of  section  number  four, 
in  the  township  and  range  above  described.    The  said  tracts  of  land, 
having  been  purchased  by  said  Dennis,  at  the  laud  office  at  St.  Steph- 
en's, and  full  payment  made  thereon  ;  but  from  some  informality  or  mis- 
take in  said  office,  the  patents  have  been  withheld. 


No.  1507.— AN  ACT  confirming  to  Joshua  Kennedy,  his  claim  to  a  tract  of  land  in      May  5, 1832. 
the  city  of  Mobile.  Vol.  6,  p.  485. 


Be  it  enacted,  #c.,  That  Joshua  Kennedy,  of  the  city  and  county  of  Land  claim 
Mobile,  in  the  State  of  Alabama,  be,  and  he  is  hereby,  confirmed  in  his  confirmed, 
claim  to  a  tract  of  land,  containing  twenty  and  twenty-eight  hundredths 
arpens,  situate  in  the  south  part  of  the  city  of  Mobile,  which  said  claim 
is  designated  as  "  claim  number  ten ,  in  abstract  A,  number  two"  of  the 
report  made  to  the  Secretary  of  the  Treasury  on  the  twenty-ninth  of 
February,  one  thousand  eight  hundred  and  twenty -eight,  by  the  com- 
missioners appointed  under  the  act  of  Congress  of  third  March,  one 
thousand  eight  hundred  and  twenty-seven,  entitled  "An  act  supple- 
mentary to  the  several  acts  providing  for  the  adjustment  of  land  claims 
in  the  State  of  Alabama." 

SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  of  the  Gen-    Patent   to   bo 
eral  Land  Office  be,  and  he  is  hereby,  authorized  and  required,  on  a  issued, 
return  of  the  survey  of  the  above-mentioned  tract  of  land,  by  the  sur- 
veyor of  the  lands  of  the  United  States  in  the  State  of  Alabama,  to 
issue  a  patent  for  the  same,  to  the  said  Joshua  Kennedy,  or  his  legal  rep- 
resentatives, or  to  any  person  legally  claiming  under  him  or  them  :  Pro-    Proviso. 
vided,  however,  That  the  confirmation  of  this  claim,  and  the  patent  pro- 
vided to  be  issued,  shall  not  be  held  to  interfere  with  any  part  of  said 
tract  which  may  have  been  disposed  of  by  the  United  States  previous 
to  the  passage  of  this  act ;  and  this  act  shall  be  held  to  be  no  more  than 
a  relinquishment  of  whatever  title  the  United  States  may  now  have  to 
such  tract  of  land. 


No.  1508.— AN  ACT  foi  the  relief  of  James  W.  Hill,  Elyah  Hill,  and  Philip  Barnes.     May  31, 1832. 
Be  it  enacted,  #c.,  That  the  said  James  W.  Hill,  Elijah  Hill,  and  Philip.   Vo'  6>  p' 492' 


Barnes,  be,  and  they  are  hereby,  authorized  to  surrender  the  certificate    Authorized  to 
for  the  southwest  quarter  of  section  number  thirty-six,  in  township  8U"        r  l* n  d 
number  three,  of  range  number  five,  west  of  the  basis  meridian  of ce 
Huntsville,  Alabama,  and  relinquish  all  claim  thereto  in  the  land  office 
of  said  place  j  and,  instead  thereof,  to  enter  the  southeast  quarter  of 
section  number  thirty-five,  in  the  same  township  and  range,  which  was 
heretofore  relinquished  by  them  through  mistake ;  and  they  shall  be 
credited,  in  the  payment  of  said  last-named  quarter-section,  the  amount 


622  ALABAMA. 

which  has  been  by  them  paid  on  the  said  first-named  quarter-section : 
Proviso.  Provided,  The  said  quarter  of  section  number  thirty-five  shall  remain 

unsold  till  they  apply  for  the  same  ;  and,  if  sold,  they  shall  receive  a 
certificate  for  the  amount  paid  on  said  first-named  quarter,  which  shall 
be  received  in  payment  for  any  land  of  the  United  States  hereafter  sold. 


May  31,  1832.  No.  1509.— AN  ACT  for  the  relief  of  William  R.  Pickett. 

Be  it  enacted,  <$-c.,  That  the  register  and  receiver  of  the  land  office  at 


Certificate  of  St.  Stephen's,  in  Alabama,  be,  and  they  are  hereby,  authorized  to  issue 
is?uedCrip  t0  b6  to  William  R-  Pickett  a  duplicate  of  a  certificate  of  forfeited  land  scrip, 
number  six  thousand  five  hundred  and  thirty-nine,  for  the  northwest 
quarter  of  section  thirty-three,  township  eleven,  range  three,  west,  for 
the  sum  of  seventy-nine  dollars  acd  sixty-five  cents,  dated  the  twelfth 
of  October,  one  thousand  eight  hundred  and  twenty-nine,  which  certifi- 
cate was  originally  issued  to  the  representative  of  George  Buckhannan, 
and  by  him,  for  a  valuable  consideration,  assigned  to  William  R.  Pickett, 
and  which  has  been  lost  or  destroyed  ;  and  the  said  duplicate  shall  have 
all  the  effect,  and  be  receivable  at  the  land  offices  in  the  same  manner, 
as  the  original  certificate  of  scrip. 


^     1832.  jf  o.  151  0.—  AN  ACT  for  the  relief  of  Hopkins  Rice. 

Be  it  enacted,  <fc.,  That  Hopkins  Rice  be  hereby  authorized  to  enter 


Authorized  to  anci  locate  a  half  quarter-section  of  land  of  the  public  land  in  the  State 
l  n  of  Alabama,  which  may  be  subject  to  entry  at  private  sale,  in  lieu  of 
the  west  half  of  northeast  quarter  of  section  numbered  two,  township 
numbered  twenty-two,  range  numbered  one  west,  containing  seventy- 
six  and  twenty-eight  hnndredths  acres  of  land,  entered  by  him  by  mis- 
take, on  the  twenty-seventh  day  of  December,  one  thousand  eight  hun- 
dred and  twenty-eight,  for  which  half  quarter-section  when  entered,  a 

Proviso.  patent  shall  issue  as  in  other  cases :  Provided,  The  said  Hopkins  Rice 

file  in  the  proper  land  office  a  relinquishment  to  the  United  States  of 
the  said  half  quarter-section  of  land  entered  by  mistake  as  aforesaid. 


July  10,  1832.       No.  15  J  l.-AN  ACT  to  establish  additional  land  districts  in  the  State  of  Alabama, 
VoL  4,  p.  571.  and  for  other  purposes. 


Two  land  dis-  Be  it  enacted,  $c.,  That  the  tract  of  country  in  the  State  of  Alabama 
tricts  establish-  ceded  to  the  United  States  by  a  treaty  concluded  with  the  Creek  tribe 
of  Indians,  at  the  city  of  Washington,  on  the  twenty-fourth  day  of 
March,  one  thousand  eight  hundred  and  thirty-two,  shall  be  divided 
into,  and  constitute  two  land  districts,  by  extending  through  the  same, 
east  and  west,  the  line  between  township  number  twenty-two,  south 
of  the  base  line  of  the  Huntsville  district,  and  township  number  twenty- 
four,  north  of  the  thirty-first  degree  of  latitude. 

Land  office  for     SEC.  2.  And  be  it  further  enacted,  That  all  the  land  in  said  ceded  ter- 

Talapoosa      dis-  ritOry,  south  of  said  dividing  line,  shall  be  sold  at  the  town  of  Mont- 

Fo'r  the  Coosa  gomerv»  and  said  district  shall  be  called  the  Talapposa  district ;  and  all 

district.  the  land  in  said  ceded  territory,  north  of  said  dividing  line,  shall  be 

sold  at  the  town  of  Montevallo,  and  said  district  shall  be  called  the 

Proviso.  Coosa  district:  Provided,  hoicever,  That  the  President  of  the  United 

States  may,  if  he  shall  deem  it  expedient,  remove  either,  or  both,  of 

the  said  land  offices  to  any  other  point  in  the  respective  districts,  for 

which  they  are  established. 

Registers    and     SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  a  register  and 
receivers    to  be  receiver  appointed  to  each  of  the  aforesaid  land  offices,  to  superintend 
fced<  the  sales  of  the  public  lands  in  their  respective  districts,  who  shall  re- 

side at  the  places  designated ,  give  security  in  the  same  manner,  in  the 
same  sums,  and  whose  compensation,  emoluments,  and  duties,  and 
authority,  shall,  in  every  respect,  be  the  same  in  relation  to  the  lands 
which  shall  be  disposed  of  at  their  offices  as  are,  or  may  be,  provided 
by  law  in  relation  to  the  registers  and  receivers  of  public  moneys  in 
the  several  offices  established  for  the  sale  of  the  public  lands. 

Plats  of    sur-      SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  See- 
ded* to  k°  ^epos"  retary  of  the  Treasury,  as  soon  as  the  same  can  be  done,  to  cause  the 
proper  plats  of  the  surveys  of  said  districts  to  be  deposited  in  the  land 
offices  intended  for  them  respectively. 


ALABAMA.  623 

SEC.  5.  And  be  it  further  enacted,  That  the  compensation  of  the  regis-  Pay  of  register 
ters  and  receivers,  to  be  appointed  for  the  land  districts  hereby  estab-  and  receiver  to 
lished,  shall  not  commence  till  after  the  surveys  shall  have  been  com-  Vef  8nare  comtS 
pleted.  ed 

SEC.  6.  And  be  it  further  enacted,  That  all  that  portion  of  country  ac-     Country  ac- 
quired by  the  treaty  with  the  Choctaw  nation  of  Indians,  within  the  quired  by  Choc- 
State  of  Alabama,  south  of  township  nineteen,  shall  be  offered  for  sale  SJhedto  sept 
at  the  Saint  Stephen's  land  office,  and  the  residue  shall  be  attached  to  rate  district, 
the  Tuscaloosa  land  district,  and  be  offered  for  sale  at  that  place.-  («) 

(a)  See  Nos.  718, 1266, 1279, 1422, 1428, 1430, 1450, 1456, 1499, 1523, 1568, 1574. 


No.  1512.— AN  ACT  for  the  relief  of  Joseph  Kamber.  July  13,  1832. 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office    Vol<  6)  p'  5°7' 


of  the  United  States,  at  Washington  City,  be,  and  he  is  hereby,  required     Scrip  to  be  is' 
(on  Joseph  Kamber's  relinquishing  to  the  United  States  all  his  right  8£^  for  the  sum 
and  title  to  the  northwest  quarter  of  section  number  four,  township  relinqii 8 
number  seventeen,  and  range  number  three  east,  situated  and  being  in  &0. 
the  St.  Stephen's  land  district,  Alabama,  entered  by  the  said  Joseph 
Kamber,  in  the  name  of  James  B.  May,  by  mistake)  to  issue  scrip  in 
favor  of  the  said  Joseph  Kamber,  for  the  sum  of  one  hundred  and 
ninety-five  eighty- four  hundredths  dollars,  receivable  in  any  of  the  land 
offices  of  Alabama,  in  payment  for  any  of  the  public  lands  that  now  is, 
or  hereafter  may  be,  subject  to  sale  or  entry  in  said  State. 


No.  1513.— AN  ACT  for  the  relief  of  Joseph  Elliott.  July  13, 1832. 

Be  it  enacted,  <$-c.,  That  all  right,  title  and  interest,  which  the  United 


States  possess  in  the  reservation  made  to  Joseph  Elliott  of  lands  within    Right  of  Unit- 
the  tract  of  country  ceded  to  the  United  States  by  the  treaty  of  the  tainrese^vafkm 
twentieth  December,  one  thousand  eight  hundred  and  seventeen,  with  Of  iand  vested  in 
the  Cherokee  nation  of  Indians,  be,  and  the  same  is  hereby,  vested  in  him. 
the  said  Joseph  Elliott :   Provided,  That  only  six  hundred  and  forty    Proviso, 
acres,  shall  be  granted  by  virtue  of  this  act :  And  provided,  also,  That  the    Proviso, 
said  Joseph  Elliott  with  his  family,  shall  remove  to  the  Cherokee  tribe 
west  of  the  Mississippi  River;  and  that  the  Government  of  the  United 
States  shall  not  be  chargeable  with  the  expense  of  their  removal  or 
transportation,  or  with  any  allowance  of  land  to,  or  on  account  of  the 
said  Elliott,  or  his  family,  or  for  the  support  of  either  after  their  arrival 
in  the  country  of  said  tribe:  And  provided,  also,  That  no  conveyance  or    Proviso, 
deed,  of  the  said  lands,  or  any  part  thereof,  shall  be  valid  or  effectual, 
until  such  conveyance,  or  deed,  shall  be  submitted  to  one  of  the  dis- 
trict attorneys  of  the  districts  of  Alabama,  for  his  approbation ;  and  if, 
after  inquiry  into  the  facts  and  circumstances  attending  the  contract 
for  the  sale  of  said  lands,  he  shall  be  satisfied  that  such  contract  is  fair, 
and  the  consideration  paid,  or  agreed  to  be  paid  therefor,  is  adequate, 
he  shall  endorse  his  approbation  on  such  conveyance  and  deed  so  ap- 
proved, and  thereafter  the  same  shall  be  deemed  valid  and  effectual. 


No.  1514.— AN  ACT  for  the  relief  of  Walter  Cockburn.  July  13, 1832. 

Be  it  enacted,  <f  c.,  That  the  President  of  the  United  States  be,  and  he 


is  hereby,  authorized  to  issue  patents  to  Walter  Cockburn,  for  lots  nuin-     Land    patents 

bered  twenty  -nine,  thirty-two,  sixty-seven,  and  thirty-three,  as  desig-  to 

nated  in  the  plan  of  a  town  laid  off  at  York  Bluff,  in  the  State  of  Ala- 

bama, and  purchased  by  said  Cockburn  at  the  public  sale  of  said  four 

lots. 

No.  1515.—  AN  ACT  for  the  relief  of  Jacob  C.  Jordan.  July  13,  1832. 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office 


,      ., 

cause  a  patent  to  be  issued  to  Jacob  C.  Jordan,  for  the  northeast  quarter  .  Laml  patent  to 
of  section  twenty-seven,  township  eighteen,  range  two  east,  in  the  St.  18f 
Stephen's  land  district,  in  the  State  of  Alabama,  upon  his  surrendering 
the  patent  heretofore  issued  to  him  for  the  southwest  quarter  in  the 
above-named  section,  township,  and  range. 


624  ALABAMA. 

July  14, 1832.     JVo.  1516.— AN  ACT  to  authorize  the  sale  of  lands  reserved  from  sale  at  Fort  Jack- 
VoL  4,  p.  603.  son,  in  the  State  of  Alabama. 


Sale  of  land  au-     Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he 
thorized.  is  hereby  authorized  to  offer  for  sale,  the  lands  heretofore  reserved  from 

sale  at  Fort  Jackson,  in  the  State  of  Alabama. 

Settlers  on  said     SEC.  2.  And  be  it  further  enacted,  That  evecy  settler  on  said  lands,  who, 

lands,  who,  pri-  prior  to  the  year  one  thousand  eight  hundred  and  thirty,  cultivated  any 

tivated    &c  Cal-  Part  thereof,  and  is  now  in  possession  of  the  same,  shall  be  allowed  to 

lowed  'to  enter,  enter  at  the  proper  land  office,  one  quarter-section,  according  to  the 

&c.  provisions  of  the  first  section  of  an  act  to  grant  pre-emption  rights  to 

settlers  on  public  lands,  approved  May  twenty-ninth,  one  thousand 

eight  hundred  and  thirty,  (a) 

(a)  See  Nos.  433,  730, 1266, 1279, 1281, 1293, 1301,  1323,  1422,  1428,  1429,  1436,  1441,  1448, 
1450, 1470,  1545, 1598, 1602, 1609, 1618. 


July  14, 1832.         Wo.  1517.— Atf  ACT  for  the  relief  of  William  D.  Gaines  aud  William  M.  King. 

vote,  p.  519.      Be  it  enacted^  j.0mi  That  all  the  right>  title>  and  interest)  which  now  ha8y 

Title  of  United  or  might  hereafter  accrue,  or  revert  to  the  United  States,  to  a  certain 
States  to  certain  reservation  of  six  hundred  and  forty  acres  of  land  in  the  county  of 
lamliSinquisled  Jackson>  in  the  State  of  Alabama,  granted  to  one  Thomas  Jones,  the 
in  their  favor,      head  of  an  Indian  family,  under  stipulations  in  the  treaties  of  one  thou- 
sand eight  hundred  and  seventeen,  and  one  thousand  eight  hundred 
and  nineteen,  between  the  United  States  and  the  Cherokee  nation  east 
of  the  Mississippi,  and  which  was  heretofore  sold  and  conveyed,  by  said 
Jones,  to  William  D.  Gaines,  and  part  of  which  has,  by  him,  been  sold 
to,  and  is  now  in  possession  of,  William  M.  King,  be,  and  the  same  are 
hereby,  relinquished  to  the  said  William  D.  Gaines  and  William  M.  King, 
Proviso.  respectively :  Provided,  That  nothing  in  this  act  contained  shall  be  so 

construed  as,  in  any  manner,  to  affect  any  right  of  the  wife  or  children 
of  said  Jones,  in  law  or  equity,  which  may  exist  in  consequence  of  any 
fraud,  or  unfairness,  which  may  have  been  practised  in  obtaining  the 
conveyance  from  said  Jones  and  his  wife  and  children  :  nor  shall  the 
absence  of  said  Jones,  from  said  reservation,  during  his  life,  or  at  the 
time  of  his  death,  be  held,  in  any  manner,  to  affect  the  claim  of  himself 
or  family  to  said  reservation. 


July  16  1832.     No.  1518. — AN  ACT  supplemental  to  the  act  "granting  certain  relinquished  and 
Vol.  4  p.  604.       unappropriated  lands  to  the  State  of  Alabama,  tor  the  purpose  of  improving  the 

L_l navigation  of  the  Tennessee,  Coosa,  Cahaba,  and  Black  Warrior  rivers,"  approved 

the  twenty-third  day  of  May,  one  thousand  eight  hundred  and  twenty-eight. 

Plan  for  im-  Be  it  enacted,  #c.,  That  it  shall  and  may  be  lawful  for  the  State  of  Ala- 
provement  of  bama  to  alter  the  plan  for  the  improvement  on  the  Tennessee  River 
authorized  tobe  l)elow  Florence,  by  can  all  ing  instead  of  sluicing,  so  as  to  accomplish 
altered.  the  object  which  Congress  had  in  view  in  making  the  appropriation  : 

Proviso.  Provided,  That  not  more  than  one  hundred  and  fifty  thousand  dollars, 

including  the  sum  already  expended  on  that  part  of  the  river,  shall  be 
expended  below  the  said  town  of  Florence,  (a) 
(a)  See  Nos.  1481,  1487, 1495, 1524, 1533. 


Jan.  30, 1833.  No.  1519.— AN  ACT  for  the  relief  of  George  Mayfield. 

Vol.  6,  p.  530.        Be  n  enacted,  $c.,  That  there  be,  and  is  hereby,  granted  to  George 
Section  of  land  Mayfield,  of  the  State  of  Tennessee,  six  hundred  and  forty  acres  of  land, 
granted  to  him  or  to  tne  amount  of  one  section,  to  be  selected  by  him  in  the  tract  of 
Fort  Jackson,      country  within  the  State  of  Alabama,  acquired  of  the  Creek  nation,  at 
the  treaty  of  Fort  Jackson,  in  tracts  not  less  than  one  quarter-section, 
and  entered  in  the  proper  laud  office  in  said  State  :  Provided,  Said  land 
be  subject  to  entry  at  private  sale,  and  not  settled  upon,  or  occupied  by 
any  other  person. 

Patent   to    be     SEC.  2.  Andbe  it  further  enacted,  That,  on  the  application  of  said  Mayfield, 
issued.  at  the  proper  land  office,  and  on  payment  of  one  dollar  for  each  tract  so 

entered,  to  the  register  and  receiver,  a  final  certificate  shall  be  given  for 
such  tract,  upon  which  a  patent  from  the  United  States  to  said  May- 
field,  shall  issue,  (a) 
(a)  See  Nos.  1376, 1381, 1390. 


ALABAMA.  625 

No.  1520.— AN  ACT  authorizing  the  Commissioner  of  the  General  Land  Office     Feb.  5,  1833. 
to  issue  patents  to  persons  therein  named.  Vol.  6,  p.  531. 


Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Office    Patentforland 
be,  and  he  is  hereby,  directed  to  issue  patents,  in  fee-simple,  to  William  to  issue  to  Wm. 
Hardridge,  or  to  his  assignees  or  legal  representatives,  upon  producing  Hardridge. 
the  certificates,  for  the  south  part  of  fractional  section  twenty-five,  in 
township  eight,  of  range  twenty-nine,  containing  two  hundred  and 
twenty -six  acres  and  ninety-seven  hundredths  of  an  acre;  also,  for  the 
north  fractional  half,  and  the  east  part  of  the  south  fractional  half  of 
section  thirty-one,  in  township  eight,  of  range  thirty,  containing  four 
hundred  and  thirteen  acres  and  three  hundredths  of  an  acre,  in  the  dis- 
trict of  land  sold  at  Sparta,  Alabama;  being  the  same  lands  reserved 
by  him. 

SEC.  2.  And  be  it  further  enacted,  That  the  Commissioner  aforesaid  be,     Also,   to  J, 
and  he  is  hereby,  directed  to  issue  patents  to  Joseph  Hardridge,  or  to  Hardridge. 
his  assignees  or  legal  representatives,  upon  the  certificates  being  pro- 
duced, for  the  north  part  of  fractional  section  twenty-five,  in  township 
eight,  of  range  twenty-nine,  containing  two  hundred  and  twenty-six 
acres  and  ninety-seven  hundredths  of  an  acre;  and,  also,  for  the* east 
part  of  fractional  section  six,  in  township  seven,  of  range  thirty,  con- 
taining four  hundred  and  thirteen  acres  and  three  hundredths  of  an 
acre,  in  the  district  of  lands  sold  at  Sparta,  Alabama ;  being  the  same 
lands  reserved  by  him. 


No.  1521.— AN  ACT  to  amend  an  act,  entitled  "An  act  to  alter  and  amend  an  act     Feb.  10,  1833. 
to- set  apart  and  dispose  of  certain  public  lands  for  the  encouragement  of  the  culti-     Vol.  4,  p.  611. 

vation  of  the  vine  and  olive ;  "  approved  nineteenth  February,  one  thousand  eight 

hundred  and  thirty-one. 

Be  it  enacted,  #c.,  That  all  persons  who  became  entitled  to  an  allot-  Occupants  prior 
ment  of  land  under  the  contract  recited  in  the  first  section  of  the  act  to  ^a^utLo 
which  this  is  an  amendment,  their  heirs,  devisees,  or  assigns,  who,  on  to  purchase, 
or  before  the  thirty-first  day  of  October,  in  the  year  eighteen  hundred 
and  thirty-two,  were  in  the  actual  occupancy  and  cultivation  of  the 
same,  or  any  part  thereof,  shall,  on  paying  into  the  Treasury  one  dollar 
and  twenty-five  cents  the  acre  previous  to  the  fifteenth  of  May,  one 
thousand  eight  hundred  and  thirty-four,  receive  a  patent  for  his  or  her 
allotment  or  purchase :  Provided,  The  register  of  the  land  office  for  the 
district  in  which  the  lands  lie,  shall  be  satisfied  of  the  validity  of  the 
purchase. 

SEC.  2.  And  be  it  further  enacted,  That  all  persons  in  actual  settlement   Occupants  prior 
and  cultivation,  before  or  on  the  thirty-first  day  of  October,  one  thou-  *°    Octobei    31 
sand  eight  hundred  and  thirty-one,  upon  any  of  the  lands  referred  to  topiuSSase. 
by  the  act  to  which  this  is  an  amendment,  and  not  disposed  of  by  the 
first  section  of  this  act,  or  any  former  act  of  Congress,  shall,  on  proof 
of  such  settlement  and  cultivation,  and  on  paying  into  the  Treasury  of 
the  United  States,  within  six  months  after  the  passage  of  this  act,  one 
dollar  and  twenty-five  cents  per  acre,  receive  a  patent  for  one  hundred 
and  sixty  acres :  Provided,  That  nothing  in  this  act  shall  be  so  construed    Proviso, 
as  to  alter  or  repeal  the  third  section  of  the  above-recited  act. 

SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  act  of  which     Term  of   pay 
this  is  an  amendment  as  requires  that  payment  shall  be  made  previous  ment  extended. 
to  the  third  of  March,  eighteen  hundred  and  thirty- three,  be,  and  the 
same  is  hereby,  extended  to  the  fifteenth  of  May,  one  thousand  eight 
hundred  and  thirty-four,  (a) 

(a)  See  Nos.  1444, 1458, 1497, 1543. 


No.  1522.— AN  ACT  for  the  relief  of  Abraham  Adams.  Fe^  30  1833. 

Be  it  enacted,  fc.t  That  it  shall  be  lawful  for  Abraham  Adams,  of  the     VoL  6»  P- 535' 
State  of  Alabama,  to  surrender  to  the  United  States,  at  the  land  office     Certificate  o  f 
at  Cahawba,  in  said  State,  the  certificate  of  purchase  which  he  holds  land  purchase  to 
for  the  west  half  of  the  northwest  quarter  of  section  thirteen,  township  be  surrendered, 
twelve,  and  range  seventeen,  in  the  said  district  of  Cahawba,  and 
which  tract  of  land  was  entered  and  paid  for  by  the  said  Adams,  in 
May,  one  thousand  eight  hundred  and  thirty- one,  by  mistake,  he,  the 
said  Adams,  intending  to  have  entered  the  corresponding  tract,  in  town- 
ship eleven,  upon  which  he  then  and  still  resides. 

40  L  O— VOL  II 


626  ALABAMA. 

Authorized  to  SEC.  2.  And  be  it  further  enacted,  That  the  register  and  receiver  for  the 
enter  land,  &c.  S8i^  district  shall  permit  the  said  Abraham  Adams  to  enter,  upon  the 
same  terms  on  which  the  entry  aforesaid  was  made,  the  west  half  of 
the  northwest  quarter  of  section  thirteen,  township  eleven,  range  seven- 
teen, and  issue  to  him  a  certificate  therefor,  and  apply  the  money  paid 
under  the  former  entry,  to  the  payments  of  the  land  herein  authorized 
to  be  entered,  and  in  case  said  west  half  of  the  northwest  quarter  of 
section  thirteen,  township  eleven,  raDge  seventeen,  shall  have  been  en- 
tered, the  register  upon  the  surrender  of  the  original  certificate  of  pur- 
chase, shall  issue  to  said  Adams  a  certificate,  or  scrip,  for  the  amount 
paid,  which  shall  be  received  in  payment  of  any  other  lands  within  said 
district,  now  subject  to  private  entry. 


March  2, 1833.    No.  1523.— AN  ACT  to  create  sundry  new  land  offices,  and  to  alter  the  boundaries 
Vol.  4,  p.  653.  of  other  land  offices  of  the  United  States. 


Demopolis  dis-  SEC.  7.  And  be  it  further  enacted,  That  all  the  lands  situated  south 
trict.  of  the  district  line,  and  south  of  the  dividing  line  between  townships 

twenty  and  twenty -one,  and  north  of  the  line  dividing  townships  eleven 
and  twelve,  and  west  of  the  line  dividing  ranges  nine  and  ten  west,  to 
the  west  boundary  line  of  the  State  of  Alabama,  shall  constitute  a  land 
district,  to  be  known  and  called  the  Demopolis  district. 

Landsin  Green  SEC.  8.  And  be  it  further  enacted,  That  the  lands  in  the  United  States 
and  M  a  r  e  n  g  o  jn  ^Q6  counties  of  Green  and  Marengo,  now  subject  to  sale  in  the  Tusca- 
sulijeaMjo  sale^OO8a'  Cahawba,  and  Saint  Stephen's  land  districts,  as  comprehended  in 
at  Demopolis  the  above-described  district;,  *  *  *  shall,  from  and  after  the  first 
land  office.  day  of  June  next,  be  subject  to  sale  at  the  land  office  in  the  said  Dem- 

opolis land  district ;  and  it  shall  be  the  duty  of  the  registers  at  Tusca- 
loosa,  Cahawba,  and  Saint  Stephen's,  under  instructions  from  the  Com- 
missioner of  the  General  Land  Office,  to  transfer  all  such  books,  maps, 
records,  field-notes,  and  plats,  or  transcripts  thereof,  relating  to  the 
surveys  of  the  public  lands  hereby  added  to  the  said  Demopolis  land 
district,  to  the  register  of  the  Demopolis  land  district. 

Register  and     SEC.  9.  And  be  it  further  enacted,  That  there  shall  be  a  register  and 

receiver  for  De-  receiver  appointed  for  the  said  land  district,  with  the  same  compensa- 

D>   tion,  fees,  and  emoluments,  and  who  shall  perform  all  the  duties  usually 

performed  by  registers  and  receivers  appointed  to  superintend  the  sale 

of  the  public  lands  of  the  United  States,  (a) 

•  •  *  •  *  #  #  # 

(a)  See  Nos.  718, 1266, 1279, 1422, 1428, 1430, 1450, 1456, 1499, 1511, 1568, 1574. 


March  2,  1833.     X o.  1524.— AX  ACT  further  to  extend  the  powers  of  the  board  of  canal  commission- 
Vol.  4,  p.  663.  ers  for  the  improvement  of  the  Tennessee  River  in  the  State  of  Alabama. 


Commissioners     Be  it  enacted,  <$'C.,  That  the  commissioners  appointed  by  the  State  of 
to    suspend  im-  Alabama  to  superintend  the  improvement  of  the  Tennessee  River,  and 
provement  of  their  successors  in  office,  be,  and  they  are  hereby  authorized  to  suspend 
"r<  the  improvement  of  so  much  of  said  river  as  is  below  Florence,  in  said 
State,  and  every  other  part  of  the  same,  until  the  canal  and  other  im- 
provements, between  Lamb's  Ferry  and  Campbell's  Ferry,  shall  have 
been  completed ;  any  thing  in  the  act  entitled  "An  act  to  grant  certain 
relinquished  and  unappropriated  lands  to  the  State  of  Alabama  for 
the  purpose   of  improving   the  navigation  of  the  Tennessee,  Coosa, 
Cahawba,  and  Black  Warrior  rivers,"  approved  twenty-third  of  May, 
one  thousand  eight  hundred  and  twenty-eight,  to  the  contrary  notwith- 
standing, (a) 
(a)  See  Xos.  1481, 1487, 1495, 1518, 1533. 


March  2, 1833.        No.  1525.— AN  ACT  for  the  relief  of  Jared  E.  Groce,  of  the  State  of  Alabama. 
7oL  6,  p.5oO.  enacted  $c.,  That  it  shall  be  lawful  for  Jared  E.  Groce,  of  the 


Authorized  to  state  of  Alabama,  to  re-enter,  with  the  register  of  the  land  office  at 
re-enter    certain  gfcj  gtep}jen>8>  jn  the  State  aforesaid,  fractional  section  numbered  ten,  in 
township  numbered  five,  of  range  four, east;  and  the  register  and  re- 
ceiver of  the  land  office  aforesaid,  are  hereby  required  to  pass  to  the 
credit  of  the  said  Jared  E.  Groce,  upon  his  re-entry  of  the  fractional 


ALABAMA. 


627 


Proviso. 


section  aforesaid,  the  amount  of  the  purchase  money  of  the  southwest 
quarter  of  section  numbered  six,  in  township  numbered  seventeen,  of 
range  four,  east :  Provided,  The  said  Groce  shall  surrender  to  the  regis- 
ter of  the  land  office  aforesaid,  the  patent  which  he  now  holds  from  the 
United  States,  for  the  quarter- section  above  described,  accompanied  by 
such  a  release  of  his  interest  to  the  land  therein  designated,  as  the  Com- 
missioner of  the  General  Land  Office  shall  direct:  And  provided,  The  Proviso, 
said  fractional  section  shall  remain  unsold ;  and,  if  sold,  said  Groce 
may  enter  any  other  land  in  said  district,  subject  to  private  sale,  and 
be  credited  to  said  amount  in  like  manner. 


No.  1526.—  AN  ACT  for  the  relief  of  John  Hurtell.  Feb.  5,  1834. 

•Be  it  enacted,  <fc.,  That  John  Hurtell  be,  and  he  is  hereby,  authorized    Vo1-  6)  p-  5M- 
to  enter  at  the  proper  land  office,  a  tract  of  two  hundred  and  forty     Authorized  to 
acres  of  land,  being  the  southwest  quarter  and  west  half  of  the  north-  enter  a  tract  of 
west  quarter  of  section  number  thirty-six,  in  township  twenty,  range 
four  east,  in  the  land  district  of  Saint  Stephen's,  in  the  State  of  Ala- 
bama, being  a  part  of  the  land  designated  under  the  law  of  the  third 
day  of  March,  one  thousand  eight  hundred  and  seventeen,  entitled, 
"An  act  to  set  apart  and  dispose  of  certain  public  lands  for  the  encour- 
agement of  the  cultivation  of  the  vine  and  olive:"  Provided,  The  said 
John  Hurtell,  shall  pay  for  the  same,  at  the  rate  of  one  dollar  and 
twenty-five  cents  per  acre,  and  shall  in  other  respects,  conform  to  the 
regulations  for  the  purchase  of  the  public  lands  of  the  United  States, 
that  are  subject  to  entry  at  private  sale. 


Proviso. 


June  26  1834 
Vol.  4,  p.  688. 


No.  1527.—  AN  ACT  confirming  certain  land  claims  in  the  district  of  St.  Stephen's, 

in  Alabama. 

Be  it  enacted,  $c.,  That  the  decisions  of  the  register  and  receiver  of 
the  land  office  for  the  district  of  St.  Stephen's,  in  the  State  of  Alabama, 
as  contained  in  their  report  bearing  date  the  seventh  of  March,  eighteen  7,  1832,  confirm- 
hundred  and  thirty-two,  made  in  pursuance  of  the  act  of  Congress  ap-  ed. 
proved  the  second  of  March,  eighteen  hundred  and  twenty-nine,  enti- 
tled "An  act  confirming  the  report  of  the  register  and  receiver  of  the 
land  office  of  the  district  of  Saint  Stephen's,  in  the  State  of  Alabama, 
and  for  other  purposes,"  be,  and  the  same  are  hereby,  confirmed,  (a) 

(a)  See  Nos.  718,  7*3,  1067,  1266,  1268,  1270,  1274,  1276,  1286,  1287,  1292,  1296,  1299,  1300, 
422,  1423,  1424,  1425,  1426,  1430,  1432,  1433,  1435,  1437,  1438,  1439,  1440,  1461,  1479,  1484, 
1585. 


No.  1528.— AN  ACT  for  the  relief  of  Jeremiah  Worsham.  June  28,  1834. 

Be  it  enacted,  <f  c.,  That  the  register  and  receiver  of  the  land  office  at     YoL  6»  P- 577t 
fit.  Stephens,  Alabama,  be,  and  they  are  hereby,  required  to  issue  a  cer-     Certificate  for 
tificate  to  Jeremiah  Worsham,  for  the  amount  by  him  heretofore  paid  payment  on  ac- 
in  said  office  for  the  northwest  quarter- section  five,  in  township  eight,  £ou.nt  °J  ^dto 
of  range  three,  west,  in  the  district  of  lands  offered  for  sale  at  said 
town  of  St.  Stephens,  upon  which  said  Worsham  obtained  a  certificate 
of  further  credit,  but,  by  mistake,  the  west  half  of  which  was  returned 
to  the  General  Land  Office  relinquished,  and  the  east  half  of  said  quar- 
ter-section returned  as  fully  paid  for,  and,  accordingly,  patented  to  said 
Worsham ;  which  certificate  shall  be  received  in  payment  for  any  land 
hereafter  sold  in  the  said  State  of  Alabama :  Provided,  That  the  said    Proviso. 
Jeremiah  Worsham  shall  first  surrender  said  patent,  and  file  a  relin- 
quishment  for  the  east  half  of  said  quarter- section,  in  the  said  land 
office  at  St.  Stephens  ;  and  if  there  be  not  evidence  in  said  office  of  the 
issuance  of  said  certificate  of  further  credit,  and  of  the  amount  which 
has  been  paid,  the  said  Worsham  shall  also  file  satisfactory  evidence  in 
said  land  office,  that  the  same  did  issue,  allowing  him  the  further  credit 
authorized  by  law  on  said  quarter-section,  and  showing  the  amount 
which  was  paid  thereon. 


No.  1529.— AN  ACT  for  the  relief  of  the  legal  representatives  of  James  P.  Haines- 
•worth,  deceased. 


June  30,  1834. 
Vol.  6,  p.  581. 


Be  it  enacted,  <fc.,  That  the  heirs  and  legal  representatives  of  James  May  locate  a 
P.  Hainesworth,  deceased,  be,  and  they  hereby  are,  authorized  to  locate,  tract  of  land,  in 
on  any  of  the  unappropriated  lands  of  the  United  States  in  the  State  of  }ieu  of  another 
Alabama  subject  to  entry  at  public  or  private  sale,  one  hundred  and  {jutted  States7 
seventy-two  acres,  in  lieu  of  the  like  quantity  for  which  a  pre-emption  &o. 


628 


ALABAMA. 


Proviso. 


certificate  "was  granted  to  the  said  James  P.  Hainesworth  as  the  repre- 
sentative of  Matthew  Shaw,  but  which  was  forfeited  for  non-payment 
of  the  whole  amount  of  the  purchase  money,  and  sold  by  the  United 
States :  Provided,  That  the  location  herein  authorized  shall  conform  to 
the  divisions  and  subdivisions  established  by  law. 

Credit  to  be  al-  SEC.  2.  And  be  it  further  enacted,  That,  in  the  payment  for  the  land 
lowedfor  the  sum  authorized  to  be  located  as  aforesaid,  the  said  heirs  and  legal  repre- 
paia,  w  BP  8entatives  8naii  be  anOwed  a  credit  for  the  principal  sum  paid  by  the 

said  James  P.  Hainesworth,  with  interest  thereon  from  the  time  of  pay- 
ment to  the  time  of  the  location  herein  authorized ;  and,  on  final  settle- 
ment with  the  register  and  receiver  of  the  proper  land  office  for  said 
land,  they  shall  be  entitled  to  a  patent  for  the  same. 


eat. 


June  30,  1834. 
VoL  6,  p.  584. 


enter 
land. 


Proviso. 


No.  1530.— AN  ACT  for  the  relief  of  William  K.  Paulling. 

Be  it  enacted,  fc.,  That  William  K.  Paulling,  of  Alabama,  be,  and  he 
to  i8  hereby,  authorized  to  enter  the  northeast  quarter  of  section  twenty- 
ot  eight,  in  township  eighteen,  of  range  four,  west  of  the  meridian  of  the 
Huntsville  land  district,  on  paying  therefor  at  the  rate  of  one  dollar 
and  twenty-five  cents  per  acre ;  said  Paulling  having  been  entitled  to 
the  right  of  pre-emption  of  said  quarter-section,  under  the  act  of  twenty- 
ninth  of  May,  eighteen  hundred  and  thirty,  entitled  "An  act  to  grant 
pre-emption  rights  to  settlers  on  the  public  lands : "  Provided,  The  said 
quarter-section  shall  not  have  been  sold  before  said  Paulling  shall  ap- 
ply and  pay  for  the  same. 


June  30, 1834.    No.  1531  .—AN  ACT  for  the  relief  of  the  legal  representatives  of  Thomas  H.  Boyles, 
VoL  6,  p.  597. 


&c. 


Authorized  to     Be  it  enacted,  £c.,  That  the  legal  representatives  of  Thomas  H.  Boyles, 
locate  a  tract  of  late  of  Alabama,  deceased,  be,  and  they  are  hereby,  authorized  to  locate, 
land,  in  lieu  of  on  anv  of  the  iands  of  the  United  States  in  the  State  of  Alabama  which 
shall  have  been  previously  surveyed  according  to  law,  the  quantity  of 
twelve  hundred  and  eighty  acres  of  land,  in  lieu  of  a  like  quantity  of 
land  granted  to  the  said  Thomas  H.  Boyles,  in  his  lifetime,  by  an  act  of 
Congress  passed  on  the  twenty-seventh  day  of  April,  eighteen  hundred 
and  sixteen ;  which  said  tract  of  land  had,  prior  to  the  passage  [of] 
said  act,  been  reserved  by  treaty  with  the  Creek  Indians  to  one  Lauchlin 
Proviso.  Durat,  a  warrior  belonging  to  the  said  tribe  of  Indians  :  Provided,  That 

the  land  hereby  granted  shall  be  located  in  tracts  not  less  than  six  hun- 
dred and  forty  acres,  according  to  legal  subdivisions. 


March  3,  1835.    No.  1539.— AN  ACT  to  authorize  the  construction  of  a  railroad  upon  the  public 
Vol.  4,  p.  778.  lands,  from  Tallahassee  to  St.  Marks,  in  Florida, 

[Provisions  of  this  act  to  extend  to  two  companies  authorized  by  acts 
of  Alabama  and  Florida.    See  FLORIDA,  No.  1654.] 


June  23,  1836.     No.  1533.— AN  ACT  to  amend  an  act  to  grant  certain  relinquished  and  unappropri- 
Vol.  5,  p.  57.         ated  lands  to  the  State  of  Alabama,  for  the  purpose  of  improving  the  navigation  of 
the  Tennessee,  Coosa,  Cahaba  and  Black  Warrior  river. 

Part  o  f   t  h  e     Be  it  enacted,  <$-c.,  That  so  much  of  the  second  section  of  the  act  above 

former    act    re-  recited  as  restricts  the  State  of  Alabama  from  having  the  power  to  sell, 

dispose  of,  or  grant  the  residue  of  the  lands  granted  by  the  act  to  which 

this  is  a  supplement,  at  a  price  not  less  than  the  minimum  price  of  the 

public  lands,  be,  and  the  same  is  hereby  repealed. 

State    of  Ala-     SEC.  2.  And  le  it  further  enacted,  That  the  assent  of  the  United  States 

bama    may   im-  is  hereby  given,  to  any  act  which  the  legislature  of  the  State  of  Alabama 

pose  tolls  on  ca-  may  pass  for  imposing  a  toll  on  the  use  of  such  parts  of  the  canal  or 

canals,  which  have  been  or  may  be,  constructed  at  or  around  the  Muscle 

Proviso.  and  Colbert's  shoals  of  the  river  Tennessee :  Provided,  That  such  tolls 

shall  be  expended  exclusively  on  the  said  canals,  and  shall  not  exceed 

in  amount,  the  sum  required  to  keep  them  in  repair,  and  to  defray  the 

expenses  of  lock  tenders,  collectors,  superintendents,  and  managers ;  and 

that  no  part  of  this  act  shall  be  construed  as  a  repeal  of  the  exemption, 

contained  in  the  seventh  section  of  the  aforesaid  act,  of  the  property  of 


ALABAMA. 


Q29 


the  United  States,  and  all  persons  in  their  service,  from  any  toll  what- 
ever :  And  provided  further,  That  an  annual  report  shall  be  made  to  the 
Secretary  of  the  Treasury  of  the  United  States,  of  the  rate  and  amount 
of  tolls  charged  or  collected  on  said  canals,  and  their  application,  (a) 

(a)  See  Nos.  1481,  1487,  1495,  1518,  1524. 


No.  1534.—  AN  ACT  for  the  relief  of  James  Caulfield. 
Be  it  enacted,  #c.,  That  James  Caulfield  be  authorized  to  enter  with- 


Proviso. 


June  23,  1836. 


the  proper  land  office  in  Alabama,  at  one  dollar  and  twenty-five  cents    Authorized  to 
per  acre,  so  much  land  as  is  known  to  constitute  the  reservation  of  ™ 

Peggy  Bailey,  a  half -breed  Creek  Indian  woman,  under  the  treaty  of 
Fort  Jackson ;  being  that  portion  of  section  seven,  in  township  five, 
range  five,  on  the  east  of  the  Alabama  River,  and  so  much  of  the  frac- 
tion seven  of  said  township  and  range,  on  the  west  side  of  the  Alabama 
River,  as  will  make,  in  the  whole,  three  hundred  and  twenty  acres  of 
land. 


No.  1535.— AN  ACT  for  the  relief  of  Benjamin  and  Nancy  Merrill.  June  23, 1836. 

Be  it  enacted,  $c.,  That  Benjamin  Merrill  and  Nancy  his  wife,  be, 

and  they  are  hereby,  authorized  to  sell  the  reservation  of  six  hundred  aa£a^°^5..*° 
and  forty  acres  of  land  taken  by  them  under  the  treaties  of  one  thou-  °° 
sand  eight  hundred  and  seventeen  and  one  thousand  eight  hundred  and 
nineteen,  between  the  United  States  and  the  Cherokee  tribe  of  Indians, 
and  being  in  the  State  of  Alabama,  upon  the  condition,  that  the  contract 
for  the  sale  of  the  same  be  examined  and  approved  by  the  district  attor- 
ney of  the  United  States  for  the  district  of  North  Alabama ;  and  upon 
the  further  condition,  that  they  remove  to  the  country  assigned  to  the 
Cherokee  Indians  west  of  the  Mississippi  River,  and  that  the  expenses 
of  such  removal  be  defrayed  by  themselves. 

SEC.  2.  And  be  it  further  enacted,   That  this  act  shall  not  be  held  or    Title  not  guaiv 
construed  to  guaranty  the  title  which  the  said  Benjamin  and  Nancy  anteed. 
Merrill  set  up  to  the  tract  of  land  mentioned  in  the  foregoing  section. 


No.  1536.— AN  ACT  for  the  relief  of  Henry  Newman,  and  others.  July  2, 1836. 

Be  it  enacted,  <$-c.,  That  the  irregular  numeration  of  the  fractional —      >P' — '- — 
sections  west  of  the  Tombeckbe  River,  of  township  number  four,  in    Erroneous  num- 
range  number  two  east,  marked  on  the  official  maps  or  plats  returned  Actions*  of ^land 
by  the  surveyor-general  as  being  numbers  thirty-five,  thirty-six,  and  to  be  corrected, 
thirty-seven,  be  corrected  on  the  maps  in  the  office  of  the  surveyor- 
general,  and  on  those  returned  by  him  to  the  General  Land  Office,  and 
to  the  land  office  for  the  district  of  St.  Stephen's,  so  that  the  number 
five  shall  stand  thereon  instead  of  the  number  thirty-five,  the  number 
six  instead  of  the  number  thirty- six,  and  the  number  sevtn  instead  of 
the  number  thirty- seven. 

SEC.  2.  And  be  it  further  enacted,  That  the  letter-patent  issued  on  the  Patents  issued 
fifteenth  day  of  September,  in  the  year  one  thousand  eight  hundred to  Wm.  Crawford 
and  thirty,  granting  to  William  Crawford,  assignee  of  Ann  Dunham,  NeVman  tobe 
the  fractional  section  then  designated  on  the  said  maps  by  the  number  corrected, 
thirty-five,  and  the  patent  issued  on  the  first  day  of  September,  in  the 
year  one  thousand  eight  hundred  and  twenty-four,  granting  to  Henry 
Newman  the  fractional  section  then  designated  on  the  same  maps  by 
the  number  thirty -six ;  and  also  the  patent  issued  on  the  first  day  of 
June,  in  the  year  one  thousand  eight  hundred  and  twenty-nine,  grant- 
ing to  William  Crawford  the  fractional  section  then  designated  on  the 
same  maps  as  number  thirty-seven,  all  lying  in  the  township  number 
four,  of  range  number  two,  east,  aforesaid,  be,  and  all,  each  of  them, 
equally  legal  and  valid,  as  if  the  same  fractional  sections  had  been  des- 
ignated on  said  maps  by  their  regular  numbers,  when  said  patents 
were  issued ;  and  the  Commissioner  of  the  General  Land  Office,  and  the 
register  of  the  land  office  at  St.  Stephen's,  are  hereby  directed  to  note 
the  foregoing  correction  in  the  proper  places  on  the  books,  maps,  and 
records  of  their  respective  offices,  referring  to  this  act  by  its  date ;  and 
the  Commissioner  of  the  General  Land  Office  is  hereby  also  directed 
to  certify,  accordingly,  the  correction  affecting  each  of  the  said  patents, 
in  this  respect,  upon  the  back  thereof,  when  presented,  with  special 
reference  to  this  act,  by  which  it  is  authorized. 


630  ALABAMA. 

July  2,  1836.  No.  1537.— AX  ACT  for  th\3  relief  of  Elijah  Simmons. 

Beit  enacted,  <$-c.,  That  Elijah  Simmons  be,  and  he  is  hereby,  author- 


Authorized  tojzed  to  locate  six  hundred  and  forty  acres  of  the  public  lands  of  the 
locate  a  tract  of  United  States  within  the  State  of  Alabama,  subject  to  entry  at  private 
sale,  in  lieu  of  eight  hundred  arpens  situated  on  the  east  side  of  the 
Alabama  Kiver,  in  what  is  commonly  called  the  fork,  near  the  Tensaw 
Eiver,  and  to  which  he  was  entitled  by  the  laws  of  Spain,  on  which  he 
had  settled,  had  cultivated  and  inhabited  in  seventeen  hundred  and 
ninety-seven,  and  which  has  been  sold  by  the  United  States  as  public 

Proviso,  land:  Provided,  That  the  said  location  be  made  in  conformity  with 

the  legal  divisions  and  subdivisions  of  public  lands,  and  in  quantities 
not  less  than  one  hundred  and  sixty  acres;  and  on  the  execution,  by 
the  said  Elijah  Simmons,  of  a  good  and  sufficient  release  to  the  United 
States  of  all  his  right,  title,  and  interest  to  the  said  lands  as  aforesaid, 
to  be  tiled  in  the  proper  laud  office,  patents  shall  be  issued  to  him  for 
the  quantity  of  one  section,  as  above  mentioned. 


July  2, 1836.       No.  1538.— AN  ACT  for  the  relief  of  Samuel  Smith,  Lynn  MacGhee,  and  Semoice, 
VoL  6,  p.  677.  friendly  Creek  Indians. 


Authorized  to     Be  it  enacted,  #c.,  That  Samuel  Smith,  Lynn  MacGhee,  and  Semoice, 

to  enter  a  tract  of  friendly  Creek  Indians,  who  were  entitled,  under  the  treaty  with  the 

land-  Creek  nation  of  Indiana,  ratified  on  the  sixteenth  of  February,  eighteen 

hundred  and  fifteen,  to  reservations  of  six  hundred  and  forty  acres  of 

land  each,  including  their  improvements,  which  lands  have  been  sold 

by  the  United  States,  be,  and  they  are  hereby,  authorized  to  enter, 

without  payment,  with  the  register  and  receiver  of  the  land  office  for 

the  land  district  in  which  the  same  may  lie,  in  Alabama,  one  entire 

section  each  of  land  subject  to  entry  at  private  sale  ;  to  be  held  by  them 

on  the  same  terms  and  conditions  as  the  reservations  given  by  said 

treaty,  (a) 

(a)  See  Nos.  1544,  1599. 

July  2,  1836.  No.  1539.—  AN  ACT  for  the  relief  of  Susan  Marlow. 

Vol.  6,  p.  678.        ge  fa  enacted^  ty>c^  That  Susan  Marlow,  only  surviving  child  of  James 
Authorized  to  Marlow,  a  Creek  Indian,  who  lost  his  life  at  the  destruction  of  Fort 
enter  a  tract  of  Mirams,  be,  and  she  is  hereby,  authorized  to  enter  with  the  proper  land 
officers  for  the  district,  without  payment,  one  entire  section  of  any  of 
the  public  lands  of  the  United  States  within  the  State  of  Alabama,  sub- 
ject to  entry  at  private  sale  ;  to  be  held  by  her  upon  the  same  terms  and 
conditions  as  reservations  allowed  to  the  friendly  Creek  Indians  by  the 
treaty  of  Fort  Jackson,  (a) 
(a)  See  No.  1544. 


Voi6'  a  680  N°*  J  54°'-AN  ACT  for  the  relief  of  William  Pollard's  heirs. 

Be  it  enacted,  <fc.,  That  there  shall  be,  and  hereby  is,  confirmed  unto 


Title  to  a  lot  of  the  heirs  of  William  Pollard,  deceased,  a  certain  lot  of  ground,  situated 

BS'confirmedto  in  the  city  of  Mobile»  and  bounded  as  follows,  to  wit :  On  the  north,  by 

themi  what  was  formerly  known  as  John  Forbes  and  Company's  Canal ;  on 

the  west  by  Water  street;  on  the  fouth,  by  the  King's  wharf;  and  on 

provjgo  the  east,  by  the  channel  of  the  river;  and  that  a  patent  shall  issue  in 

the  usual  form  for  the  same :  Provided,  That  this  act  shall  only  operate 

as  a  relinquishment,  on  the  part  of  the  United  States,  of  all  their  right 

and  claim  to  the  above-described  lot  of  ground,  and  shall  not  interfere 

with  or  affect  the  claim  or  claims  of  third  persons. 


July  4,  1836.  No.  1541.— AN  ACT  to  carry  into  effecr,  in  the  States  of  Alabama  and  Mississippi, 
Vol.  5,  p.  116.  the  existing  compacts  with  those  States  in  regard  to  the  five  per  cent,  fund,  and 
the  school  reservations. 


A  sum  equiva-      gEC>  3.  ^nd  be  it  further  enacted,  That  a  sum  equivalent  to  five  per 

per  cent   &c   re*  cent<  of  the  nett.  Proceeds  of  the  lands  within  the  State  of  Alabama, 

served    in    Ala-  ceded  by  the  Chickasaws  by  the  treaty  aforesaid,  which  have  been  or 

bama.  may  hereafter  be  sold  by  Congress,  shall  be,  and  is  hereby,  reserved, 

out  of  any  moneys  in  the  Treasury  not  otherwise  appropriated,  to  be 

applied  in  the  same  manner,  and  for  the  same  uses  and  purposes,  as  is 

designated  by  the  sixth  section  of  the  act  of  Congress  of  the  second  of 

March,  eighteen  hundred  and  nineteen.  (a) 


ALABAMA.  631 

SEC.  4.  And  le  it  further  enacted,  That  there  shall  be  reserved  from    Certain   lands 
sale  in  the  State  of  Alabama,  a  quantity  of  land  equal  to  one  thirty-  staf e  of  ifab* h 
sixth  part  of  the  lands  ceded  by  the  Chickasaws  as  aforesaid,  within  for   t^e   uge^f 
said  State  of  Alabama,  which  land  shall  be  selected  under  the  direction  schoole. 
of  the  Secretary  of  the  Treasury,  in  sections,  or  half -sections,  or  quarter- 
sections,  out  of  any  public  lands  remaining  unsold,  that  shall  have  been 
offered  at  public  sale  within  any  land  district  in  said  State  of  Alabama, 
contiguous  to  said  lands  within  said  State,  so  ceded  by  the  Chickasaws, 
as  aforesaid  ;  which  lands,  when  so  selected,  as  aforesaid,  the  same  shall 
vest  in  the  State  of  Alabama,  for  the  use  of  schools  within  said  terri- 
tory, in  said  State,  so  ceded,  as  aforesaid,  by  the  Chickasaws;  and  said 
lands  thus  selected,  shall  be  holden  by  the  same  tenure,  and  upon  the 
same  terms  and  conditions,  in  all  respects,  as  the  said  State  now  holds 
the  lands  heretofore  reserved  for  the  use  of  schools  in  said  State*  (£) 

(a)  See  Nos.  1015,  1314,  1452,  1459.  1494,  1573,  1581,  1607. 

(6)  See  Nos.  14.%,  1452,  1477,  1586,  1589,  1590,  1592,  1600,  1603,  1604. 


No.  1542.— AN  ACT  to  authorize  certain  railroad  companies  to  construct  railroads  Jan.  31,  1837. 

through  the  public  lands  in  the  Territory  of  Florida.  Vol.  5,  p.  144. 

[Pensacola  and  Perdido  Railroad  Company  may  construct  road  from 
Pensacola  to  Mobile  Bay  or  River.    See  FLORIDA,  No.  1658.] 

No.  1543.— AN  ACT  to  provide  for  the  adjustment  of  title  and  final  disposition  of  March  2, 1837. 

the  four  reserved  sections  in  the  tract  of  country  allotted  to  the  Tombecbee  Asso-  Vol.  5,  p.  154. 

ciation  for  the  encouragement  of  the  cultivation  of  the  vine  and  olive.  . 


Be  it  enacted,  $c.,  That  all  persons  who  became  entitled,  under  the    Persons     enti 
contract  entered  into  on  the  eighth  day  of  January  eighteen  hundred  tied  to  allotments 
and  nineteen,  by  the  Secretary  of  the  Treasury,  on  the  part  of  the  Pnd|r     contract 
United  States,  and  Charles  Villar,  agent  of  the  Tombecbee  Association,  ^  £J "a  s  5r  y 
in  pursuance  of  "An  act  to  set  apart  and  dispose  of  certain  public  lands  with  Chas.  Vil- 
forthe  encouragement  of  the  cultivation  of  the  vine  and  olive,"  ap-  lar,  shall  receive 
proved  third  of  March,  eighteen  hundred  and  seventeen,  to  an  allot-  Pa.tents  °n  ^cer- 
ment  or  share  of  the  four  sections  of  land  reserved  for  the  small  allot- 
ments, and  designated  as  sections,  seven,  eighteen,  nineteen,  and  thirty 
in  township  eighteen,  range  three  east,  their  heirs,  devisees,  or  assigns, 
who  shall  have  complied  with  the  conditions  of  settlement  and  culti- 
vation on  such  allotment,  as  required  by  said  contract,  or  shall  have 
been  in  the  actual  settlement  and  cultivation  of  his  or  her  allotment 
within  said  four  sections,  or  a  part  thereof,  before  or  on  the  thirty-first 
day  of  October  eighteen  hundred  and  thirty-two,  as  provided  by  the 
act  of  the  nineteenth  day  of  February,  eighteen  hundred  and  thirty- 
three,  shall,  on  producing  to  the  register  and  receiver  of  the  land  dis- 
trict in  which  said  lands  are  situated,  satisfactory  evidence  of  title  to 
such  allotment,  and  of  settlement  and  cultivation  on  the  same  as  afore- 
said, and  paying  one  dollar  and  twenty-five  cents  per  acre  for  the  land, 
receive  a  patent  for  the  same  :  Provided,  Such  proof  shall  be  filed  and    Proviso, 
payment  made  within  six  months  from  the  passage  of  this  act:  And    Further     pro- 
provided  further,  That  the  expense  of  surveying  any  such  allotment  viso. 
shall  be  defrayed  by  the  person  or  persons  claiming  the  same. 

SEC.  2.  And  le  it  further  enacted,  That  any  remainder  of  said  four.  Remainder  sub- 
sections not  disposed  of  by  the  first  section  of  this  act  shall  be  subject {fsce  Of°i)em6poli8 
to  entry  at  one  dollar  and  twenty-five  cents  per  acre,  by  the  trustees  of  Female    Acade- 
the  Demopolis  Female  Academy,  in  trust  for  the  use  and  benefit  of  said  my. 
institution,  (a) 

(a)  See  Nos.  1444, 1458,  1497, 1521. 


No.  J  544.— AN  ACT  to  amend  an  act  approved  the  second  of  July,  eighteen  hun-     March  2,  1837. 

dred  and  thirty-six,  for  the  relief  of  Samuel  Smith,  Linn  McGrhee,  and  Semoice,      Vol.  6,  p.  689. 

Creek  Indians ;  and,  also,  an  act  passed  the  second  July,  eighteen  hundred  and 

thirty-six,  tor  the  relief  of  Susan  Marlow. 

Be  it  enacted,  $-c.,  That  so  much  of  the  acts  for  the  relief  of  Samuel     So  much  of  acts 
Smith,  Linn  McGhee,  Semoice,  and  Susan  Marlow,  as  restrict  them  togjjjglj'jj 
the  en  try  of  one  entire  section  of  land,  be,  and  the  same  is  hereby  re-  peaiefi. 
pealed  ;  and  the  said  Samuel  Smith,  Linn  McGhee,  Semoice,  and  Susan     Authorized  to 
Marlow,  are  hereby  authorized  to  enter,  without  payment,  and  by  legal  enter,  &c. 
subdivisions,  a  quantity  of  land  not  exceeding  six  hundred  and  forty 
acres  each,  which  is  subject  to  entry  at  private  sale,  (a) 

(a)  See  Nos.  1538, 1539, 1599. 


632  ALABAMA. 

March  3,  1837.   No.  1545.— AX  ACT  to  authorize  and  sanction  the  sales  of  reserves,  provided  for 
Vol.  5,  p.  186.         Creek  Indians  in  the  treaty  of  March  twenty-four,  eighteen  hundred  and  thirty- 
two,  in  certain  cases,  and  for  other  purposes. 


which  Be  a  enacted,  $c.,  That  the  President  of  the  United  States  may,  and 
sold 1 01  Tpril  4th  be  is  bereby  authorized  to,  cause  all  the  reserves  belonging  to  the  Creek 
next,  to  be  sold  Indians  by  virtue  of  the  provisions  of  the  treaty  of  March  twenty- 
at  pi.blic  auc-  fourth,  eighteen  hundred  and  thirty-two,  which  shall  remain  unsold  on 
tion,  &c.  the  fourth  day  of  April  next,  to  be  sold  at  public  auction  in  the  Creek 

country ;  after  giving  at  least  sixty  days  notice  of  the  time,  place  and 
terms  of  sale  in  the  public  prints,  and  to  cause  patents  to  be  issued  to 
the  purchasers  of  said  reserves,  (a) 

Confirmation     SEC.  2.  And  be  it  further  enacted, That  the  President  of  the  United 
of  sales  t  y  the  States  may,  arid  he  is  hereby  authorized  to,  confirm  the  sales  by  the 
CreelT'    IL  iians  w^ow'  *ne  widow  and  children,  the  children,  or  the  lawful  administra- 
who  have  01  may  tor  of  Creek  Indians  who  have  died,  or  who  may  die,  prior  to  the  fourth 
die  before  *.  pril  day  of  April  next,  without  having  legally  disposed  of  said  reserves,  and 
4th  next,  &c.        to  receive  the  purchase  money,  or  such  portions  of  it  as  may  not  have 
been  paid  to  the  persons  entitled  to  it,  and  to  cause  patents  to  be  issued 
Proviso.  therefor  to  the  purchasers ;  "  Provided,  That  sales  made  by  lawful  ad- 

ministrators shall  be  entitled  to  a  preference  over  sales  made  by  widows 
and  children." 

Paym'ent  ot  SEC.  3.  And  be  it  further  enacted,  That  the  President  may,  and  he  is 
money  which  hereby  authorized  to,  pay  the  persons  entitled  thereto,  the  money  which 
from  purchasers  may  b?  received  from  the  purchasers  of  reserves  under  the  authority 
under  authority  given  in  the  two  preceding  sections,  at  such  times  and  in  such  amounts 

gven  in  preced-  as  he  shall  deem  best  for  the  parties  concerned ;  or,  if  he  think  proper, 
g  sections,  &c.  to  invest  the  whole  or  any  part  of  said  purchase  money  in  stocks,  and 
pay  the  interest  to  the  persons  entitled,  in  such  amounts,  and  in  such 
Proviso.  manner,  as,  in  his  opinion,  will  be  most  advantageous  for  them :  Pro- 

vided, That  he  may  cause  the  principal  of  the  sum  or  sums  so  invested 
to  be  paid  to  the  persons  entitled  thereto,  whenever  he  may  think 
Further   pro -proper:  And  provided,  further,  That  the  provisions  of  this  act  shall  be 
viso.  executed  under  such  regulations  and  restrictions  as  the  President  may 

prescribe. 

The  President  SEC.  4.  And  be  it  further  enacted,  That  it  may  be  lawful  for  the  Presi- 
may  c?use  one  dent  of  the  United  States  to  cause  the  sum  of  one  dollar  and  twenty- 

ter   eJ'acre^be  five  cents  Per  acre  to  be  paid  to  the  Creek  Indians,  whose  names  were 
paid  to    certain  omitted  to  be  entered  on  the  census-roll  taken  under  the  treaty  of 
Cre(  k  Indians,     eighteen  hundred  and  thirty-two,  and  to  those  whose  names  appear  on 
said  roll,  but  for  whom  no  locations  have  been  made,  who  shall  appear, 
from  proper  evidence,  to  be  justly  entitled  to  reservations  under  the  pro- 
Proviso,  visions  of  said  treaty;  Provided,  That  the  sums  thus  payable  under  this 
section  may  be  invested  in  stocks  upon  the  same  terms  and  conditions, 
and  under  the  same  regulations  and  restrictions  as  are  herein  before  pre- 
scribed in  respect  to  moneys  payable  under  the  first  and  second  sections 
Further  pro-  of  this  act ;  Provided,  further,  That  no  transfer  by  the  person  entitled 
viso.  under  this  section  shall  be  valid.  ( b) 

Money   appro-     SEC.  5.  And  be  it  further  enacted,  That,  for  the  purpose  of  carrying  into 
priated  to  carry  effect  the  provisions  of  the  three  first  sections  of  this  act,  the  sum  of 
this  act  into  el-  ten  thousand  dollars  be  and  the  same  is  hereby  appropriated,  together 
with  such  sum  as  may  be  necessary  to  carry  into  effect  the  fourth  sec- 
tion thereof. 

(a)  See  Nos.  433,  730, 1266, 1279, 1281, 1293, 1301, 1323, 1422, 1428, 1429,  1436,  1441,  1448, 

1450, 1470,  1516, 1598,  1602,  1609, 1618. 
(&)  See  Xos.  1445, 1451,  1557. 

March  3, 1837.  No.  1 546.— AN  ACT  for  the  relief  of  John  Jeffers. 

Vol.  6,  p.  690.        Be  it  enacte$t  g,Cmt  That  John  jeffer8  be,  and  he  is  hereby,  authorized 
May  surrender  to  surrender  the  certificate  which  heretofore  issued  from  the  land  office 
land    certificate,  at  Huntsville,  Alabama,  to  John  Sharp,  and  which  was  assigned  to  said 
otherTherefor^  Jeffer8  by  Dixon  Stanbach,  as  administrator  of  Stephen  Heard,  for  the 
northwest  quarter  of  section  twenty-eight,  township  six,  range  two, 
west  of  the  basis  meridian  of  said  land  district ;  and  upon  such  sur- 
render of  said  certificate,  and  filing  his  reliuquishmeut  in  said  land 
office,  the  said  John  Jeffers  shall  be  entitled  to  a  certificate  from  the 
register  and  receiver  of  said  land  office  for  the  amount  which  has  been 
paid  on  said  lands,  which  shall  be  received  in  said  office  in  payment 
for  any  lands  subject  to  entry  in  that  land  district. 


ALABAMA. 


G33 


No.  1547.— AN  ACT  for  the  relief  of  Isaac  Wellborn,  junior,  and  William  Well- 
born. 


April  6, 1838. 
Vol.  6,  p.  710. 


Be  it  enacted,  #c.,  That  there  shall  be,  and  is  hereby,  relinquished  to  Bi  ht  &c  of 
Isaac  Wellborn,  jr.,  and  William  Wellborn,  their  heirs  and  assigns,  all  United  States  to 
the  right,  title,  and  interest  which  may  have  accrued  or  reverted,  or  a  certain  reserva- 
might  hereafter  accrue  or  revert,  to  the  United  States,  to  a  certain  Jjon  of  land re. 
reservation  of  six  hundred  and  forty  acres  of  land,  made  to  a  certain 
Thomas  Harrison,  the  head  of  an  Indian  family  of  the  Cherokee  tribe, 
under  treaties  made  between  eaid  tribe  and  the  Government  of  the 
United  States,  on  the  eighth  of  July,  eighteen  hundred  and  seventeen, 
and  the  twenty-seventh  of  February,  eighteen  hundred  and  nineteen, 
which  tract  of  land  is  situated  in  Jackson  County,  Alabama,  and  bound- 
ed as  follows :  Beginning  at  two  post  oaks  and  a  red- oak  ;  thence  west 
three  hundred  and  twenty  poles  to  a  stake  near  the  top  of  a  steep  rocky 
mountain ;  thence  south  three  hundred  and  twenty  poles  to  a  white- 


twenty  poles  to  the  beginning:   Provided,  That  nothing  herein  con-    Proviso, 
tained  shall  be  construed  to  impair  or  lessen  the  right  or  title  of  any 
individual  claiming  under  the  said  Thomas  Harrison,  and  who  may  not 
have  fairly  or  legally  transferred  his  or  her  interest  in  the  said  tract  of 
land. 


No.  1548.— AN  ACT  for  the  relief  of  Jehu  Hollinsworth.  June  28, 1838. 

Be  it  enacted,  fo.,  That  Jehu  Hollinsworth,  of  Blount  County,  Ala-     YoL  6»  P- 721- 
bama,  be,  and  he  hereby  is,  authorized  to  surrender  the  certificate  of    May  surrender 
purchase  or  patent  which  heretofore  issued  to  him  from  the  land  office  land   certificate, 
at  Huntsville,  in  said  State,  for  the  southwest  quarter  of  the  northwest an^  receive  an- 
quarter  of  section  number  two,  of  township  eleven,  in  range  three  east,  othei 
which  was  entered  by  said  Hollinsworth  by  mistake ;  and  upon  such 
surrender  of  said  certificate,  or  relinquishment  filed,  of  said  patent,  if 
one  has  issued,  with  the  register  of  said  land  office,  the  said  Jehu  Hol- 
linsworth shall  be  entitled  to  a  certificate  from  the  said  register  for  the 
amount  paid  for  said  land  entered  by  mistake;  which  certificate  shall 
be  receivable  in  payment  at  said  office  for  any  other  land  in  that  dis- 
trict subject  to  entry:  Provided,  That  said  tract  of  land  so  entered    Proviso, 
shall  not  have  been  sold  and  transferred,  or  shall  not  be  subject  to  be 
disposed  of  by  execution  for  the  payment  of  the  debts  of  the  said  Hol- 
linsworth. 


No.  1549.— AN  ACT  for  the  relief  of  William  James  Aarons.  June  28, 1838. 

Be  it  enacted,  #c.,  That  William  James  Aarons,  of  Blount  County,     Yo1-  6.  P- 72L 
Alabama,  be,  and  he  hereby  is,  authorized  to  surrender  the  certificates     ^ay  surrender 
which  heretofore  issued  to  him  from  the  land  office  at  Huntsville,  in  land    certificate, 
said  State,  for  the  southwest  quarter  of  the  northeast  quarter,  and  the  and  receive  an- 
southeast  quarter  of  the  northwest  quarter  of   section  thirty-two,  in  other  tl] 
township  ten,  range  four  east  of  the  basis  meridian  of  said  land 
district,  which  were  purchased  by  him  through  mistake;   and  upon 
such  surrender  of  said  certificates,  or,  if  patents  shall  have  issued  for 
said  tracts  of  land,  then  upon  the  surrender  of  such  patents,  and  filing 
his  relinquishment  thereof  before  the  register  of  said  land  office,  the 
said  William  James  Aarons  shall  be  entitled  to  a  certificate  from  said 
register  for  the  amount  paid  for  said  tracts  of  land  so  entered  by  mis- 
take, which  shall  be  received  in  payment  for  any  other  land  in  said 
district  subject  to  private  entry;  Provided,  That  said  tract  of  land  so    proviso 
entered  shall  not  have  been  sold  and  transferred,  or  shall  not  be  sub- 
ject to  be  disposed  of  by  execution  for  the  payment  of  the  debts  of  the 
said  Aarons. 


No.  1 5  50.— AN  ACT  for  the  relief  of  William  Walker.  June  28,  1838. 

Be  it  enacted,  <fc.,  That  William  Walker,  of  Jackson  County,  Alabama,     Yo  '  6(  p' 
be,  and  he  hereby  is  authorized  to  surrender  the  certificate  which  here-     May  surrender 
tofore  issued  to  him  from  the  land  office  at  Huntsville,  in  said  State,  land    cer^ficate, 
for  the  west  half  of  the  southeast  quarter  of  section  thirty-three,  in  o"uei  tberlfor 
township  four,  and  range  five  east  of  the  basis  meridian  of  said  land 
district,  which  was  purchased  and  paid  for  by  him  through  mistake ; 


634 


ALABAMA. 


Proviso. 


and  npon  such  surrender  of  said  certificate,  or,  if  a  patent  shall  have 
issued  for  said  tract  of  land,  upon  the  surrender  of  his  patent,  and  filing 
his  relinquishment  in  said  land  office,  the  said  William  Walker  shall  be 
entitled  to  a  certificate  from  the  register  and  receiver  of  said  land  office, 
for  the  amount  which  was  so  paid  by  mistake  ;  which  shall  be  received 
in  payment  for  any  other  tract  in  said  land  district  which  may  be  sub- 
ject to  private  entry  ;  Provided,  That  said  tract  of  land  so  entered  shall 
not  have  been  sold  and  transferred,  or  shall  not  be  subject  to  be  disposed 
of  by  execution  for  the  payment  of  the  debts  of  the  said  Walker. 


June  28,  1838.  No.  1551.— AXr  ACT  for  the  relief  of  Joel  Chandler. 

Vol.  6,  p.  7-22.  ge  #  enacted}  £c.,  That  Joel  Chandler  is  hereby  authorized  to  surren- 
May  surrender  der  and  return  to  the  United  States,  before  the  register  of  the  land 
Jjnd  .fSSSf**  office  at  Huntsville,  Alabama,  a  patent  which  issued  to  him  for  the  east 
n"  half  of  the  southeast  quarter  of  section  twenty- four,  in  township  twelve, 
of  range  four  east,  which  said  Chandler  paid  for  by  mistake  at  said  land 
office.  And  upon  such  surrender  and  return,  by  said  Joel  Chandler,  his 
heirs  or  assigns,  a  certificate  shall  be  issued  by  the  said  register  for  the 
amount  paid  on  said  land  in  favor  of  said  Chandler,  his  heirs  or  assigns ; 
which  shall  be  received  in  payment  for  any  other  tract  of  land  subject 
to  private  entry  in  that  land  district :  Provided,  That  said  tract  of  land 
so  entered  shall  not  have  been  sold  and  transferred,  or  shall  not  be  sub- 
ject to  be  disposed  of  by  execution  for  the  payment  of  the  debts  of  the 
said  Chandler. 


Proviso. 


June  28,  1838.  No.  1552.— AX  ACT  for  the  relief  of  James  A.  Williams. 

'    Be  it  enacted,  $-c.,  That  James  A.  Williams,  of  Blouut  County,  Ala- 
May  surrender  bama,  be,  and  he  hereby  is,  authorized  to  surrender  the  certificate  which 
land    certificate,  heretofore  issued  to  him  from  the  land  office  at  Huntsville,  in  said 
other  therefor.     State,  for  the  east  half  of  the  northwest  quarter  of  section  twenty-one, 
in  township  eleven,  of  range  two,  west  of  the  basis  meridian  of  said  land 
district,  which  was  entered  and  paid  for  by  him  through  mistake  ;  and 
upon  such  surrender  of  said  certificate,  or,  if  a  patent  shall  have  issued 
for  said  land,  upon  surrendering  the  same,  and  filing  his  relinquishment 
in  said  land  office,  the  said  James  A.  Williams  shall  be  entitled  to  a 
certificate  from  the  register  of  said  land  office  for  the  amount  which  was 
paid  thereon ;  which  shall  be  received  in  payment  for  any  other  land 
Proviso.  in  said  land  district,  subject  to  private  entry  :  Provided,  That  said  tract 
of  land  so  entered  shall  not  have  been  sold  and  transferred,  or  shall  not 
be  subject  to  be  disposed  of  by  execution  for  the  payment  of  the  debts 
of  the  said  Williams. 


June  28,  1838.  No.  1553.— AX  ACT  for  the  relief  of  Abraham  "Woodall. 

Vol.  6,  p.  7-22.        Be  .f  emct^  ^  That  Abraham  Woodall,  of  St.  Clair  County,  Ala- 
May  surrender  bama,  be,  and  he  is  hereby,  authorized  to  surrender  the  certificate  which 
land    certificate,  heretofore  issued  to  him,  for  the  northeast  quarter  of  the  northeast 
oUierTherefor^  quarter  of  section  eighteen,  township  fourteen,  range  one  east  of  the 
basis  meridian  of  the  Huntsville  land  district  in  said  State,  which  was 
purchased  and  paid  for  by  him  through  mistake  ;  and  upon  such  sur- 
render by  him  of  said  certificate,  or,  if  a  patent  shall  have  issued  there- 
for, upon  the  surrender  of  such  patent,  and  filing  his  relinquishment  in 
said  land  office,  the  said  Abraham  Woodali  shall  be  entitled  to  a  certifi- 
cate for  the  amount  paid  for  said  land,  from  the  officers  in  said  land 
office;  which  shall  be  received  in  payment  for  any  land  which  may  be 
Proviso.  subject  to  private  entry  in  said  laud  district :  Provided,  That  said  tract 

of  land  so  entered  shall  not  have  been  sold  and  transferred,  or  shall  not 
be  subject  to  be  disposed  of  by  execution  for  the  payment  of  the  debts 
of  the  said  Woodall. 


June  28,  183a.  No.  1554.—  AX  ACT  for  the  relief  of  J.  A.  Fleming. 

Vol.  6,  p.  726.  Be  .t  enacted^  j.Ctf  That  the  Commissioner  of  the  General  Land  Office 
Land  patent  to  cause  a  patent  to  be  issued  to  J.  A.  Fleming  for  the  west  half  of  the 
southwest  quarter  and  the  southeast  quarter  of  the  northwest  quarter 
of  section  ten,  in  township  six,  range  four  east,  in  the  St.  Stephen's 
land.  district,  in  Alabama,  according  to  duplicate  receipts  issued  to  him 
by  the  receiver  of  public  moneys  of  said  land  district. 


issue  to  him. 


ALABAMA. 


635 


No.  1555.—  AN  ACT  for  the  relief  of  Richard  Cravat,  Hardy  Perry,  and  Beley     July  5,  1838. 

Cheney.  Vol.  6,  p.  727. 


Be  it  enacted,  <fc.,  That  the  register  and  receiver  of  the  laud  office  at  Land  cortifl; 
St.  Stephens,  Alabama,  be,  and  they  are  hereby,  authorized  and  required  Cates  to  issue 
to  issue  to  Richard  Cravat,  Hardy  Perry,  and  Beley  Cheney,  each,  a  cer- 
tificate for  the  quantity  of  land  to  which  said  individuals  were,  respect- 
ively, found  to  be  entitled  under  the  provisions  of  "An  act  for  the  relief 
of  John  McGrew,  Richard  Cravat,  Hardy  Perry,  and  Beley  Cheney,"  ap- 
proved on  the  eighth  of  May,  eighteen  hundred  and  twenty;  the  land 
to  which  said  Cravat,  Perry,  and  Cheney  were  entitled  having  been 
sold  by  the  United  States,  according  to  the  several  reports  of  said  reg- 
ister and  receiver,  dated  September  twenty-ninth,  eighteen  hundred  and 
thirty-six  ;  and  said  certificates  shall  authorize  the  said  Richard  Cra- 
vat, Hardy  Perry,  and  Beley  Cheney,  respectively,  to  enter  a  like  quan- 
tity of  public  land,  subject  to  private  entry,  in  any  land  office  in  the 
said  State  of  Alabama,  free  from  charge,  (a) 

(a)  See  No.  1454. 


No.  1556.—  AN  ACT  to  grant  to  Cherokee  County,  Alabama,  the  tract  of  land  on      July  5,  1838. 
which  the  seat  of  justice  of  said  county  has  been  located.  Vol.  5,  p.  254. 

Be  it  enacted,  <$'C.,  That  there  be,  and  hereby  is,  granted  to  the  county     A  tract  of  land 
of  Cherokee,  in  the  State  of  Alabama,  the  tract  of  land  lying  onthe0n   the    Coosa 
Coosa  River,  whereon  the  town  of  Jefferson  is  situated,  in  said  county,  Biver  granted  to 
containing  one  hundred  and  fifty  acres,  according  to  the  survey  of  S.  Cherokee  Coun- 
R.  Russell,  county  surveyor  for  the  seat  of  justice  of  said  county,  instead  y' 
of  the  quarter-section  allowed  by  law  for  the  same  purpose  ;  the  com- 
missioners of  said  county  paying  for  the  same  the  minimum  price  as  in 
other  cases. 


* 


jast   purchasers, 
&c.,  of  Indian  se- 


No.  1557.—  AN  ACT  to  authorize  the  issuing  of  patents  to  the  last  bona-fide  trans-      July  5,  1838. 
feree  of  reservations  under  the  treaty  between  the  United  States  and  the  Creek     Vol.  5,  p.  256. 
tribe  of  Indians  which  was  concluded  on  the  twenty-fourth  of  March,  eighteen  —  •  — 
hundred  and  thirty-two. 

Be  it  enacted,  $c.,  That  the  President  of  the  United  States  be,  and  he     The  President 
is  hereby,  authorized  and  required  to  cause  patents  to  be  issued  to  such 
person  or  persons  as  may  be  the  bona-fide  purchaser,  owner,  assignee, 
or  transferee  of  any  selection  or  reservation  which  has  been  made  to, 
or  in  behalf  of,  any  chief  or  head  of  an  Indian  family,  under  a  treaty  lections,  &c. 
concluded  between  the  United  States  and  the  Creek  tribe  of  Indians  at 
Washington  City,  on  the  twenty  -fourth  day  of  March,  eighteen  hundred 
and  thirty-two,  whatever  may  be  the  number  of  intermediate  transfers 
or  assignments:    Provided,  The  person  or  persons  applying  for  such    Proviso. 
patent  or  patents  shall  adduce  satisfactory  proof  to  the  Commissioner 
of  the  General  Land  Office  of  the  fairness  of  said  several  preceding  trans- 
fers or  assignments,  (a) 

(a)  See  Nos.  1445,  1451,  1545. 


No.  1558.—  AN  ACT  for  the  relief  of  Nathaniel  H.  Hooe.  March  2,  1839. 

Be  it  enacted,  #c.,  That  all  the  interest  and  claim  of  the  United  States    Vol.  6,  p.  755. 
to  the  southeast  quarter  of  section  seventeen,  township  twenty-four,     interest  of 
range  three  west,  in  the  Tuscaloosa  land  district,  in  Alabama,  and  for  United  States  in 
which  a  certificate  of  purchase  from  the  said  land  office,  numbered  a  certain  tract  of 
twelve  thousand  three  hundred  and  twenty  five,  was  issued  to  said  Na-  ^relinquished 
thaniel  H.  Hooe,  be,  and  the  same  are  hereby,  relinquished  :  Provided,     Proviso. 
That  nothing  in  this  act  shall  be  so  construed  to  prejudice  the  claim  of 
any  other  individual,  either  by  pre-emption  or  otherwise  to  said  described 
tract  of  land:  And  provided  further,  That,  if  the  money  paid  into  the     Proviso. 
land  office  as  the  price  of  said  land  at  the  time  the  entry  was  made,  has 
been  refunded  to  said  Nathaniel  H.  Hooe,  to  entitle  him  to  the  benefit 
of  this  act,  he  shall  repay  the  original  amount  so  refunded  into  the  said 
land  office. 


No.  1  559.—  AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  the  late 

Robert  Farmer,  deceased. 

Be  it  enacted,  #c.,  That  the  heirs  and  legal  representatives  of  the  late 
Robert  Farmer,  deceased,  be,  and  they  hereby  are,  confirmed  in  their 
title  to  a  certain  tract  of  land,  commonly  called  the  Island  ;  bounded 
on  the  north,  by  the  bayou  Chatague  ;  on  the  south,  by  the  bayou  Mar- 
mott  ;  on  the  east,  by  the  river  Mobile  ;  and  on  the  west,  by  the  said 


March  3,  1839. 
Vol.  6,  p.  761. 

T  ftnd  Htle 


636  ALABAMA. 

bayou,  situate  about  a  mile  above  or"  north  of  the  city  of  Mobile,  in  the 
State  of  Alabama,  and  containing  about  four  hundred  acres,  more  or  less ; 
and  the  Commissioner  of  the  General  Land  Office  is  hereby  authorized, 
to  issue  a  patent  to  said  heirs,  agreeably  to  their  petition :  Provided, 

Proviso.  however,  That  this  act  shall  be  deemed  and  taken  only  as  relinquishment 

on  the  part  of  the  United  States  of  all  their  right,  title,  claim,  and  in- 

Proviso.  terest  to  the  said  tract  of  land.  And  provided  further,  That  this  relin- 

cpiishnient  shall  not  extent  to  more  than  four  hundred  acres  of  land, 
nor  shall  the  same  in  any  manner  interfere  with  the  prior  legal  or  equi- 
table rights  of  others. 


March  3,  1839.  No.  1560.— AX  ACT  for  the  relief  of  James  Moore. 

YoL6,p.762.  Be  it  emci€d^  ^  That  jameg  Moore,  of  the  county  of  Bibb,  in  the 
May  surrender  State  of  Alabama,  be,  and  he  hereby  is,  authorized  to  surrender  the  cer- 
land  certificate,  tificate  which  issued  to  him  from  the  land  office  at  Tuscaloosa,  in  the 
"  said  State,  on  the  tenth  day  of  July,  eighteen  hundred  and  thirty-two, 
for  the  southwest  quarter  of  the  southwest  quarter  of  section  three,  in 
township  number  twenty-three,  of  range  twelve  east,  in  the  said  district, 
which  was  purchased  and  paid  for  by  him  through  mistake ;  and,  upon 
the  surrender  of  said  certificate,  or,  if  a  patent  shall  have  issued  for  the 
said  tract  of  land,  upon  the  surrender  of  his  patent,  and  filing  his  re- 
linquishment in  said  land  office,  the  said  James  Moore  shall  be  entitled 
to  a  certificate  from  the  register  and  receiver  of  said  land  office  for  the 
amount  which  was  so  paid  by  mistake ;  which  shall  be  received  in  pay- 
ment for  any  other  tract  of  land  in  said  land  district  which  may  be  sub- 
ject to  private  entry. 

March  3, 1839.  No.  156 1  .—AX  ACT  for  the  relief  of  MiUey  Yates. 

Vol.  6.  p.  769.        Be  .t  enacted^  ^  That  the  secretary  of  War  be,  and  he  is  hereby, 

Certain  land  to  required  to  cause  to  be  located  to  Milley  Yates,  a  Choctaw  woman,  wife 

be  located  to  her.  of  Allen  Yates,  two  sections  of  land,  on  any  of  the  public  lands  within 

the  country  acquired  by  the  treaty  concluded  with  the  Choctaw  Indians 

at  Dancing  Rabbit  Creek,  on  the  twenty -seventh  of  September,  eighteen 

hundred  and  thirty,  not  previously  located  to  any  Choctaw  reservee,  nor 

subject  to  any  pre-emption  claim,  in  one  or  more  tracts,  not  less  in  any 

Proviso.  case  than  one  quarter-section :  Provided,  The  said  Milley  Yates  shall 

release  to  the  United  States  the  two  sections  heretofore  located  in  her 

name,  by  Colonel  George  W.  Martin,  and  since  disposed  of  at  public 

sale  at  St.  Stephens. 

Entitled  to  a  SEC.  2.  And  be  it  further  enacted,  That  when  such  location  shall  have 
grant  of  said  been  made  and  confirmed,  the  said  Milley  Yates  shall  be  entitled  to  a 
knd-  grant  for  the  same  from  the  United  States. 


March  3, 1839.  No.  1562.— AX  ACT  for  the  relief  of  "William  Washington  Bigham. 

'  p' Be  it  enacted,  <$-c.,  That  William  Washington  Bigham,  or  his  legal  rep- 


Authorized  to  resentatives,  are  hereby  authorized  to  enter,  free  of  cost,  forty  acres  of 
enter    certain  any  ian<j  subject  to  sale  at  private  entry,  and  unoccupied  except  by  him 
land  entered  by  or  themselves,  within  the  district  of  lands  directed  to  be  sold  at  Hunts- 
mistake,  ville,  in  the  State  of  Alabama,  in  lieu  of  the  northwest  fourth  of  the 
northeast  fourth  of  section  number  thirty-six,  in  township  seven,  of 
Proviso.  range  number  nine  (west,)  entered  by  mistake :  Provided,  That  a  recon- 
veyance of  the  aforesaid  tract  of  land,  unencumbered,  be  first  made  to 
the  United  States,  and  deposited  with  the  register  of  the  land  office  at 
Huntsville,  Alabama. 

March  3, 1839.          ]\o.  1563.— AX  ACT  for  the  relief  of  William  Moor,  and  for  other  purposes. 

Be  it  enacted,  $c.,  That  William  Moor,  of  the  county  of  Bibb,  in  the 


w.m-  Moor  an-  state  of  Alabama,  be,  and  he  hereby  is,  authorized  to  surrender  the 
render  land  cer-  certificate  which  issued  to  him  from  the  laud  office  at  Tuscaloosa,  on 
tificate,  and  re-  the  seventeenth  day  of  January,  eighteen  hundred  and  thirty-four,  for 
seive  scrip  there- the  southwest  quaVter  of  the  northwest  quarter  of  section  number 
for-  three,  township  number  twenty-three,  and  range  thirteen  east,  which 

was  purchased  by  him,  and  paid  for,  through'  mistake ;  and  that  he 


ALABAMA.  637 

receive  scrip  for  the  amount  by  him  so  paid,  which  shall  be  received  in 
payment  for  any  other  tract  of  land  in  the  said  land  district  which  may 
be  subject  to  private  entry :  Provided,  That  the  said  William  Moor  file    Proviso, 
in  said  land  office  his  relinquishment  to  said  tract  of  land. 

SEC.  2.  And  be  it  further  enacted.  That  Thomas  Nichols,  of  the  county     T.  Nichols  au- 
of  Jefferson,  in  the  State  of  Alabama,  be,  and  he  is  hereby,  authorized  thorized  to  sur- 
to  surrender  the  certificate  which  issued  to  him  from  the  land  office  at  J*™*  ^d  cer- 
Tuscaloosa,  for  the  southwest  quarter  of  the  southeast  quarter  of  sec- 
tion thirty,  of  township  sixteen,  and  range  five  west,  which  was  pur- 
chased and  paid  for  by  him  through  mistake ;  and  that  he  receive  scrip 
for  the  amount  by  him  so  paid,  which  shall  be  received  in  payment  for 
any  other  tract  of  land  in  said  land  district,  subject  to  private  entry ;  and 
if  a  patent  shall  have  issued  to  said  Nicholas  for  said  tract  of  land,  he 
shall  surrender  said  patent,  and  file  a  relinquishment  of  his  title  thereto, 
before  said  scrip  shall  issue. 

No.  1564.— AN  ACT  to  authorize  the  President  of  the  United  States  to  cause  to  be  March  3, 1839. 
issued  to  Michael  Ambrister,  assignee  of  Us-se-yoholo,  a  Creek  Indian,  a  patent  for  Vol.  6,  p.  790. 
a  certain  reservation  of  land  in  the  State  of  Alabama.  


Be  it  enacted,  <f-c.,  That  the  claim  and  title  of  Michael  Ambrister  to     Land    claim 
the  south  half  of  section  fourteen,  in  township  nineteen,  of  range  four  confirmed. 
east,  in  the  Coosa  land  district,  purchased  by  him  of  Us-se-yoholo,  alias 
Toney,  the  head  of  a  Creek  Indian  family,  who  was  entitled  to  the  same 
under  the  provisions  of  the  treaty  between  the  United  States  and  the 
Creek  tribe  of  Indians,  concluded  on  the  twenty-fourth  of  March, 
eighteen  hundred  and  thirty-two,  be,  and  the  same  is  hereby,  confirmed. 

No.  1565.— AN  ACT  for  the  relief  of  Etienne  (Stephen)  La  Lande,  of  Alabama.       March  3,  1839. 

Be  it  enacted,  fc.,  That  Etienne  (Stephen)  La  Lande,  of  Alabama,  be,     Yol'6'p-m 
and  he  hereby  is,  confirmed  in  his  title  to  eight  hundred  arpens  of  land,     Land  title  con- 
(on  which  he  now  resides,)  situate  in  the  county  of  Mobile,  and  State  firmed, 
of  Alabama,  on  the  west  side  of  Dog  River,  having  twenty  arpens  in 
front  on  said  river,  with  forty  arpens  in  depth ;  and  the  Commissioner 
of  the  General  Land  Office  is  hereby  required  to  issue  a  patent  to  the 
said  Etienne  (Stephen )  La  Lande  for  the  said  tract  of  land :  Provided,  how-    Proviso. 
ever,  That  this  confirmation  shall  amount  only  to  a  relinquishment  on 
the  part  of  the  United  States  of  all  their  right  and  title  to  the  said 
land,  and  shall  not  interfere  with,  or  extinguish,  any  elder  or  better 
right,  if  any  there  be,  to  the  same. 

No.  1566.— AN  ACT  for  the  relief  of  Sutten  Stephens.  April  27, 1840. 

Be  it  enacted,  fc.,  That  all  the  right,  title,  and  interest  which  might    VoL6'P-797- 
accrue  or  revert  to  the  United  States  to  a  certain  tract  of  land  in  Jack-     Eight,  &c.,  of 
son  County,  Alabama,  reserved  to  Sutten  Stephens  under  a  treaty  made  United  States  to 
and  concluded  between  the  United  States  and  the  Cherokee  tribe  of  a  pertain  tract, 
Indians,  on  the  eighth  day  of  July,  eighteen  hundred  and  seventeen,  be,  JSmSJ. 
and  the  same  are  hereby,  relinquished,  and  vested  in  the  said  Sutten 
Stephens  and  his  heirs :  Provided,  That  no  conveyance  or  deed  of  the     Proviso, 
said  tract  of  land  shall  be  valid  or  effectual,  until  such  conveyance  or 
deed  shall  be  submitted  to  one  of  the  district  attorneys  of  Alabama  for 
his  approbation ;  and  if,  after  inquiry  into  the  facts  and  circumstances 
attending  the  contract  for  the  sale  of  said  land,  or  any  part  thereof,  he 
shall  be  satisfied  that  said  contract  is  fair,  and  that  the  consideration 
paid  or  agreed  to  be  paid  therefor  is  adequate,  he  shall  endorse  his 
approbation  on  such  deed  or  conveyance  so  approved,  and  thereafter 
the  same  shall  be  deemed  valid  and  effectual. 

No.  1567.— AN  ACT  to  confirm  the  title  to  a  certain  tract  of  land  in  the  county  of     May  27,  1840. 
Mobile,  in  the  State  of  Alabama.  Vol.  6,  p.  800. 


Be  it  enacted,  #o.,  That  the  claim  of  William  E.  Kennedy,  filed  before    Land  claim  con- 
William  Crawford,  commissioner,  for  the  confirmation  of  the  title  to  a  finned, 
piece  of  land  claimed  under  Benjamin  Dubroca,  for  eight  hundred  ar- 
pens, by  virtue  of  a  Spanish  permit,  dated  the  second  of  February,  one 
thousand  eight  hundred  and  three,  lying  in  the  county  of  Mobile,  and 
State  of  Alabama,  and  which  claim  is  numbered  one  hundred  and  three, 
in  the  report  numbered  »ix,  of  said  William  Crawford,  commissioner, 


638  ALABAMA. 

and  which  claim  was  placed  by  said  commissioner  in  the  list  of  claims 
•which  "  ought  not  to  be  confirmed,"  be  recognized  as  a  valid  claim,  and 
that  the  same  be  confirmed,  and  stand  in  the  same  situation  precisely 
as  if  the  said  claim  had  not  been  reported  upon  unfavorably,  but,  on 
the  contrary,  had  been  reported  as  a  claim  which  ought  to  be  confirmed, 
and  as  if  said  claim  had  been  placed  by  said  commissioner  on  the  list 
of  those  which  ought  to  be  confirmed,  whereby  the  said  claim  would 
have  stood  confirmed  by  the  act  of  Congress  of  the  third  day  of  March, 
one  thousand  eight  hundred  and  nineteen,  entitled  "An  act  for  adjust- 
ing the  claims  to  land,  and  establishing  land  offices  in  the  district  east 
of  the  island  of  New  Orleans  ; "  and  the  said  title  is  hereby  confirmed 
accordingly  for  said  land,  for  which  a  patent  shall  issue  according  to 
said  survey  thereof,  as  shall  be  approved  by  the  surveyor-general  of 
Proviso.  the  United  States  for  the  State  of  Alabama :  Provided,  however,  That 

this  act  shall  be  so  construed  as  to  operate  as  a  relinquishment  of  the 
title  of  the  United  States  only. 


July  20,  1840.     No.  1568.— AN  ACT  to  annex  a  certain  tract  of  land  to  the  Coosa  land  district,  and 
Vol.  5,  p.  397.  for  other  purposes. 


Certain   land     Be  it  enacted,  <f-c.,  That  such  part  of  township  twenty-two,  of  range 
annexed   to  the  two.  east,  northern  survey,  State  of  Alabama,  as  lies  east  of  the  Coosa 
1S'  River,  and  was  ceded  to  the  United  States  by  the  Creek  nation  of  In- 
dians, by  a  treaty  concluded  on  the  ninth  day  of  August,  eighteen  hun- 
dred and  fourteen,  be,  and  the  same  is  hereby  annexed  to  the  Coosa 
Surveys,  sales,  land  district ;  and  all  surveys,  sales,  and  other  proceedings  heretofore 
&.c.,  valid,   how  had  in  reference  to  said  tract  hereby  annexed  as  aforesaid,  shall  be  as 
valid  as  they  would  have  been  had  the  same,  at  the  time  such  proceed- 
ings were  had,  formed  a  part  of  said  district,  and  no  farther,  (a) 

(a)  See  Nos.  718, 1266, 1279, 1422, 1428, 1430. 1450, 1456, 1499, 1511, 1523, 1574. 


July  20,  1840.  No.  J  569.— AX  ACT  for  the  relief  of  Oliver  Welch. 

806'        Be  it  enacted,  <fc.,  That  Oliver  Welch,  of  the  county  of  Talladega, 


Authorized  to  and  State  of  Alabama,  be,  and  he  is  hereby,  authorized  to  surrender  the 
in'the'  purchase  certificate  which  issued  to  him  from  the  land  office  at  Mardisville,  in 
of  certain  land.  said  State,  on  the  twenty-fifth  day  of  February,  eighteen  hundred  and 
thirty-five,  for  the  northeast  quarter  of  the  northwest  quarter  of  section 
nine,  in  township  twenty,  of  range  four  east,  in  the  Coosa  land  district; 
which  was  purchased  and  paid  for  by  him  through  mistake  ;  and  upon 
such  surrender  of  said  certificate,  or,  if  a  patent  shall  ha^e  issued  for 
said  tract  of  land,  upon  the  surrender  of  his  patent,  and  filing  his  relin- 
quishment in  said  office,  the  said  Oliver  Welch  shall  be  entitled  to  a 
certificate  from  the  register  and  receiver  of  the  said  land  office  for  the 
amount  which  was  so  paid  by  mistake;  which  shall  be  received  in 
payment  for  any  other  tract  of  land  in  said  land  district  which  may  be 
subject  to  private  entry. 


July  20,  1840.     No.  1570.— AN  ACT  confirming  the  claim  of  Augustine  Lacoste  to  a  certain  tract 
Vol.  6,  p.  807.  of  land  therein  named. 


Land     claim     Be   it   enacted,  #c.,  That  the  claim  of  Augustine  Lacoste,    number 
confirmed.  eleven,  certificate  number  eight,  report  number  five,  as  shown  by  the 

records  of  the  land  office  of  St.  Stephens,  Alabama,  to  a  certain  tract 
of  land  situate  on  Bon  Secour's  River,  in  the  county  of  Baldwin,  State 
of  Alabama,  containing,  as  shown  by  a  survey  thereof,  made  second 
January,  eighteen  hundred  and  thirty,  and  approved  third  December, 
eighteen  hundred  and  thirty-four,  by  James  H.  Weakley,  surveyor  of 
the  United  States  lands  in  Alabama,  six  hundred  and  thirty-eight  and 
forty-hundredths  acres,  be,  and  the  same  is  hereby  confirmed. 

Patent   to    be      SEC.  ~-  ^n(l  be  if  fin'^ier  enacted,  That  the  Commissioner  of  the  Gen- 
issued,  eral  Land  Office  cause  to  be  issued  to  the  above-named  Augustine  La- 
coste a  patent  for  the  aforesaid  tract  of  land,  known  as  section  thirty- 
nine,  township  number  eight,  range  number  four,  east. 


ALABAMA.  639 

IVo.  1571  ,—A.N  ACT  for  the  relief  of  William  Jones.  March  2, 1841. 

Beit  enacted,  $c.,  That  the  register  and  receiver  of  the  land  office  at    YoL 6» P- 82L 
Huntsville,  in  the  State  of  Alabama,  be,  and  they  are  hereby,  required     A  certi  fi  c  a  t  e 
to  issue  a  certificate  to  William  Jones,  of  Lawrence  County,  in  said  for  amount  paid 
State,  for  the  amount  received  in  said  land  office  for  the  southwest  for  certain  land, 
quarter  of  section  twenty-two,  in  township  five,  of  range  three  west,  JJJ  {ggJJJJf  re8^ 
and  the  additional  amount  of  the  interest  which  has  accrued  thereon,  at  the 
rate  of  six  per  centum  per  annum :  Provided,  Said  Jones  shall  file  in     proviso 
said  laud  office  a  relinquishment  of  all  right,  title,  and  interest,  in  said 
quarter-section,  to  the  Government  of  the  United  States  ;  and  the  said 
certificate  shall  be  received  in  payment  of  any  of  the  public  lands  which 
may  be  thereafter  sold  in  the  said  State  of  Alabama :  And  provided,  also,     Proviso. 
That  it  shall  be  satisfactorily  shown  to  said  register  and  receiver,  that 
said  quarter- section  was  selected  by  the  State  of  Alabama,  under  the 
act  of  Congress  granting  four  hundred  thousand  acres  of  relinquished 
land  to  said  State,  for  the  improvement  of  the  navigation  of  the  Ten- 
nessee and  other  rivers,  before  the  sale  thereof  at  said  United  States 
land  office. 

No.  1572.— AS  ACT  for  the  relief  of  the  heirs  of  Miguel  Eslava.  March  3,  1841. 

Be  it  enacted,  #c.,  That  the  decision  of  the  register  and  receiver  of  the       °  ' 6>  p' 822' 
land  office  for  the  district  of  St.  Stephen's,  in  the  State  of  Alabama,  as     Decision  of  the 
contained  in  their  report  bearing  date  the  third  day  of  May,  one  thou- register,    &c., 
sand  eight  hundred  and  thirty-two,  confirming  a  claim  of  the  heirs  of  ^££  claim?  conJ 
Miguel  Eslava,  deceased,  (being  claim  number  three  in  report  number  firmed, 
two,)  and  made  in  pursuance  of  the  act  of  Congress,  approved  the  sec- 
ond day  of  March,  one  thousand  eight  hundred  and  twenty-nine,  enti- 
tled "An  act  confirming  the  reports  of  the  register  and  receiver  for  the 
district  of  St.  Stephen's,  in  the  State  of  Alabama,  and  for  other  pur- 
poses," be,  and  the  same  is  hereby,  confirmed:  Provided,  That  the  con-    Proviso, 
firmation  provided  to  be  made  by  this  act  shall  amount  only  to  a  re- 
linquishment, for  ever,  on  the  part  of  the  United  States,  of  all  right  and 
title  whatever  to  the  land  so  confirmed  or  granted :  Provided,  also,  That    provi80. 
the  survey  and  location  hereafter  to  be  made  of  said  claims,  which  are 
hereby  confirmed,  shall  be  made  in  conformity  with  the  original  Span- 
ish title-papers,  unless  the  surveys  of  said  claims  be  found  variant  from 
the  grants,  according  to  the  usages  of  the  Spanish  Government ;  in  which 
case,  the  grants  are  to  govern. 

SEC.  2.  And  be  it  further  enacted,  That  after  the  proper  location  of  the    After  the  loca- 
claims  hereby  confirmed,  it  shall  be  the  duty  of  the  Commissioner  of  tion,    patents 
the  General  Land  Office  to  issue  patents  for  the  same,  containing  a  res-  8na11  issue,  &o. 
ervation  of  the  rights  of  all  third  persons :  Provided,  That  the  said  pat-    proviso, 
ents  shall  be  construed  to  convey  to  the  claimants  all  such  legal  and 
equitable  rights  only,  as  may  exist  under  the  laws  of  nations,  or  under 
the  constitution  and  laws  of  the  United  States,  or  treaties  applicable 
to  the  said  grants,  under  and  by  virtue  of  the  said  Spanish  grants.  And 
it  shall  be  also  the  duty  of  the  Commissioner  of  the  General  Laud  Office, 
forthwith  to  issue  patents  to  Jonathan  Hunt  and  Audley  H.  Gazzam,     Patents  to  be 
for  all  such  portion  of  said  lands,  for  which  they  now  hold  receipts  issued  to  J.  Hunt 
issued  by  the  receiver  of  the  land  office  at  St.  Stephen's,  in  the  State  of and  A-  H-  Gaz' 
Alabama ;  which  patents  shall  contain  an  exception  and  reservation  of  za 
all  the  rights  of  the  said  Spanish  grantees,  their  heirs  or  assigns,  under 
the  titles  claimed  by  them   under  the  Spanish  Government :  Provided,    Proviso. 
That  the  patents  issued  to  the  said  Hunt  and  Gazzam  shall  be  construed 
to  convey  to  them  all  such  rights  only,  as  are  not  inconsistent  with  the 
legal  or  equitable  rights  of  the  said  Spanish  grantees,  their  heirs  or  as- 
signs, under  the  laws  of  nations,  or  under  the  constitution  and  laws  of 
the  United  States,  or  treaties  applicable  to  said  grants,  under  and  by 
virtue  of  the  Spanish  grants  hereby  confirmed. 

No.  1573.— AN  ACT  to  appropriate  the  proceeds  of  the  sales  of  public  lands,  and     Sept.  4, 1841. 
to  grant  pre-emption  rights.  Vol.  5,  p.  453. 


SEC.  17.  And  be  it  further  enacted,  That  the  two  per  cent,  of  the  nett     The   two   per 
proceeds  of  the  lands  sold  by  the  United  States,  in  the  State  of  Alabama,  °?Jio0*e  ^J  n® 


since  the  first  day  of  September,  eighteen  hundred  and  nineteen,  and  da  som  jn  Ala- 
reserved  by  the  act  entitled  "An  act  to  enable  the  people  of  the  Ala-  bama,  &c.,  relin- 
bama  Territory  to  form  a  constitution  and  State  government,  and  for  quished  to  State. 


640  ALABAMA. 

the  admission  of  such  State  into  the  Union  on  an  equal  footing  with 
the  original  States,"  for  the  making  of  a  road  or  roads  leading  to  the 
said  State,  be,  and  the  same  is  hereby,  relinquished  to  the  said  State  of 
Alabama,  payable  in  two  equal  instalments,  the  fiist  to  be  paid  on  the 
first  day  of  May,  eighteen  hundred  and  forty-two,  and  the  other  on  the 
first  day  of  May,  eighteen  hundred  and  forty- three,  so  far  as  the  same 
may  then  have  accrued,  and  quarterly,  as  the  same  may  thereafter  ac- 
Proviso.  crne  .  providedj  That  the  legislature  of  said  State  shall  first  pass  an  act, 

declaring  their  acceptance  of  said  relinquishment,  and  also  embracing 
a  provision,  to  be  unalterable  without  the  consent  of  Congress,  that  the 
whole  of  said  two  per  cent,  fund  shall  be  faithfully  applied,  under  the 
direction  of  the  legislature  of  Alabama,  to  the  connection,  by  some 
means  of  internal  improvement,  of  the  navigable  waters  of  the  bay  of 
Mobile  with  the  Tennessee  River,  and  to  the  construction  of  a  contin- 
uous line  of  internal  improvements  from  a  point  on  the  Chattahoochie 
River,  opposite  West  Point,  in  Georgia,  across  the  State  of  Alabama,  in, 
a  direction  to  Jackson  in  the  State  of  Mississippi,  (a) 
(a)  See  Xos.  1015, 1314, 1452, 1459, 1494,  1541, 1531, 1607. 

March  4,  1842.  No.  1574.— AN  ACT  to  provide  for  the  early  disposition  of  the  lands  lying  in  the 
Vol.  5,  p.  470.  State  of  Alabama,  acquired  from  the  Cherokee  Indians  by  the  treaty  of  twenty- 
ninth  of  December,  eighteen  hundred  and  thirty-five. 


Said  lands  to     &e  «'*  enacted,  $c.,  That  all  that  part  of  the  territory  acquired  from  the 

be  added  to  the  Cherokee  Indians  by  the  treaty  of  New  Echota  of  twenty-ninth  Decem- 

Huntaville  andfoer,  eighteen  hundred  and  thirty-five,  within  the   State  of  Alabama, 

ct8'  .  which  lies  west  of  the  line  dividing  ranges  two  and  three  east  of  the 

basis  meridian  of  Huntsville,  shall  be  added  to  and  form  a  part  of  said 

district ;  and  all  the  territory  acquired  by  the  said  treaty  within  the 

said  State  not  attached  to  the  Huntsville  district,  as  above  described, 

shall  be  annexed  to  and  form  a  part  of  the  Coosa  land  district,  in  said 

State. 

Land  office  for  SEC.  2.  And  be  it  further  enacted,  That  the  land  office  for  the  Coosa 
the  Coosa  district  land  district,  at  present  located  at  Mardisville,  shall  be  removed  to  Leb- 
to  be  removed.  anon  in  the  county  of  De  Kalb.  (a) 

(a)  See  Nos.  718, 1266, 1279, 1422, 1428, 1430, 1450, 1456, 1499, 1511, 1523, 1568. 


June  22,  1842.  No.  1575.-AN  ACT  for  the  relief  of  George  MX. 

7oL  6,  p.  832.  Be  u  enacted^  ^  That  Up0n  the  8lirrender  to  the  Secretary  of  the 
Upon  the  sur-  Treasury  to  be  cancelled,  by  George  Nix,  or  his  legal  representatives, 
render  of  his  pat- of  his  patent  for  the  southwest  quarter  of  section  number  nineteen, 
tract^f*  landto  *ownsn^P  number  twenty-two,  range  number  eleven,  in  the  district  of 
receive  another,  lands  subject  to  sale  at  Cahawba,  in  the  State  of  Alabama,  a  patent 
&c.  '  shall  issue  to  the  said  George  Nix,  or  his  legal  representatives,  for  the 

southwest  quarter  of  section  number  twenty-two,  township  number 
nineteen,  range  number  eleven,  in  the  district  and  State  aforesaid  :  Pro- 
Proviso,  vided,  That  said  last- mentioned  tract  of  land  shall  not,  previous  to  such 
Proviso  surrender,  have  been  sold  by  the  United  States:  And  provided,  also,  That 
said  tract  of  land,  so  authorized  to  be  surrendered,  shall  not  have  been 
sold  by  the  said  George  Nix,  or  his  legal  representatives,  previous  to 
such  surrender. 


July  9,  1842.      No.  1 576.- AN  ACT  for  the  relief  of  the  legal  representatives  of  Josiah  Blakely, 
Vol.  6,  p.  836.  deceased 


Land  patent  to     Be  it  enacted.  <$-c.,  That  the  Commissioner  of  the  General  Land  Office 
be  issued.  be,  and  he  is  hereby,  required  to  issue  a  patent  to  the  legal  representa- 

tives, and  those  claiming  under  them,  of  Josiah  Blakely,  deceased,  for 
twelve  hundred  and  eighty  acres  of  land  on  Blakely '&  Island,  as  sur- 
veyed by  John  James,  deputy  surveyor,  and  in  accordance  with  certifi- 
cate number  sixty-four,  of  the  register  and  receiver  of  St.  Stephen's, 
Alabama,  dated  the  twenty-fifth  of  July,  one  thousand  eight  hundred 
and  thirty-six. 

July  27, 1842.     No.  1577.— AN  ACT  to  relinquish  to  William  Waller  the  interest  of  the  United 
VoL  6,  p.  843.  States  in  a  certain  tract  of  land  therein  named. 

Interest  of  the     Be  it  enacted,  £c.,  That  all  the  interest  which  the  United  States  now 

United  States  in  has,  or  may  hereafter  have,  in  and  to  a  certain  tract  of  land,  known  as 

certain  lands  re-  fractional  section  seventeen,  township  five,  and  range  four  east,  lying 

to  on  the  left  bank  of  the  Alabama  River,  containing  five  hundred  and  fifty 

acres,  more  or  less,  and  a  small  part  of  said  fractional  section,  lying  on 


ALABAMA.  641 

the  right  bank  of  said  river,  containing,  as  supposed,  two  acres,  more 
or  less,  be,  and  the  same  is  hereby,  relinquished,  and  vested  in  William 
Waller  and  his  heirs ;  the  said  William  Waller  having  paid  for  said  land 
the  sum  of  fifteen  hundred  dollars ;  and  Arthur  Sizemore,  who  was  au- 
thorized by  an  act  of  Congress,  approved  the  twenty-ninth  day  of  May. 
eighteen  hundred  and  thirty,  to  sell  said  land,  provided  "  he  removed 
with  his  family  west  of  the  Mississippi,"  having  been  prevented  by  death 
from  complying  with  said  act  of  Congress,  (a) 
(a)  See  No.  1492. 

No.  1578.— AN  ACT  for  the  relief  of  John  Pratt,  or  his  legal  representative.          Aug.  26, 1842. 

Be  it  enacted,  #c.,  That  John  Pratt,  or  his  legal  representative,  is  hereby    Yol-6.P-865. 
authorized  to  enter,  under  his  pre-emption  claim,  at  the  minimum  price     Authorized  to 
of  the  public  lands,  that  portion  of  fractional  section  number  twenty-  enter    certain 
two,  in  township  number  four,  range  number  one  west,  in  the  land  dis-  land- 
trict  of  St.  Stephens,  Alabama,  not  embraced  in  the  patents  heretofore 
issued  to  James  Etheridge  and  William  D.  Stone  :  Provided,  The  same    Proviso, 
shall  not  exceed  one  hundred  and  sixty  acres :  And  provided  also,  That     Proviso, 
it  shall  be  the  duty  of  the  surveyor  of  public  lands  in  the  State  of  Ala- 
bama to  make  any  survey  necessary  to  complete  said  entry. 

No.  1579.— AN  ACT  for  the  relief  of  the  legal  heirs  and  representatives  of  Hugo     Aug.  29, 1842. 
Krebs,  deceased.  VoL  6,  p.  872. 


Be  it  enacted,  #c.,  That  the  report  (number  eight)  of  the  register  and    claim  to  a  lot 
receiver  of  the  land  office  at  St.  Stephens,  in  the  State  of  Alabama,  of  in  Mobile  con- 
date   twenty-first  January,  eighteen  hundred  and  thirty-nine,  on  the  firmed. 
claim  of  Mary  J.  Krebs,  Etienne  Krebs,  Genevieve  Krebs,  and  Placide 
Krebs  (in  right  of  inheritance  to  Hugo  Krebs,)  to  a  lot  of  land  in  the 
town  of  Mobile,  on  Koyal  Street,  of  ten  toises  front,  with  a  depth  of 
sixty  feet,  extending  to  the  river,  reported  on  pursuant  to  the  act  of 
second  March,  eighteen  hundred  and  twenty-nine,  be,  and  the  same  is 
hereby,  confirmed :  Provided,  Such  confirmation  shall  only  operate  as  a    Proviso, 
release  of  all  right  on  the  part  of  the  United  States. 


No.  1580.— AN  ACT  for  the  relief  of  Elisha  Moreland,  William  M.  Kennedy,  Eobert     Jan.  20, 1843. 
J.  Kennedy,  and  Mason  E.  Lewis.  Vol.  6,  p.  879. 


Be  it  enacted,  $*c.,  That  Elisha  Moreland,  William  M.  Kennedy,  Robert    Authorized  to 
J.  Kennedy,  and  Mason  E.  Lewis,  who  were  deprived  of  their  respective  enter  land,  in  lieu 
rights  of  pre-emption  to  their  improvements  in  Madison  County,  Ala-  of. &c- 
bama,  to  which  they  were  entitled  under  tbe  act  of  Congress  of  twenty- 
ninth  May,  one  thousand  eight  hundred  and  thirty,  by  the  location  of  a 
reservation  for  a  Cherokee  Indian  named  Challenge,  under  the  treaty 
of  one  thousand  eight  hundred  and  nineteen,  and  the  confirmation 
thereof  by  an  act  of  Congress  passed  for  his  relief,  be,  and  they  hereby 
are,  authorized  to  enter,  each,  one  quarter-section  of  any  unappropriated 
public  land,  not  improved  or  settled  upon  by  any  other  person,  within 
the  Huntsville  land  district,  in  that  State,  or  any  adjoining  district,  by 
paying  therefor  the  then  minimum  price  per  acre. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg-    proof  required 
ister  and  receiver  of  the  land  office,  when  any  application  to  enter  land,  that  they  were 
under  the  first  section  of  this  act,  shall  be  made,  before  permitting  such  e?t**lej  ***** 
entry,  to  require  satisfactory  proof  to  be  made  that  such  applicant  was  jjfn.  ° 
entitled  to  a  pre-emption  under  the  act  of  the  twenty-ninth  May,  one 
thousand  eight  hundred  and  thirty  :  Provided,  The  same  is  made  within     Proviso, 
nine  months  from  the  passage  of  this  act.  (a) 

(a)  See  No.  1492. 

No.  1 581. — AN  ACT  regulating  the  mode  of  paying  over  to  the  State  of  Alabama     March  1  1843 
the  two  per  cent,  fund  relinquished  to  said  State  by  the  act  approved  on  the  fourth     yoi  5  p.'goe. 
day  of  September,  one  thousand  eight  hundred  and  forty -one.  ' 

Be  it  enacted,  #c.y  That  the  registers  and  receivers  of  public  moneys  at  Bills  o  f  th  e 
the  different  land  offices  in  the  State  of  Alabama  be,  and  they  are  here-  Bank  of  Alabama 
by,  authorized  and  required,  under  such  regulations  as  the  Secretary  of  f^Is^to  the 
the  Treasury  may  prescribe,  to  take  and  receive  from  the  actual  settlers  on  amount'  o  f  t  h  e 
the  public  lands  in  said  State,  in  payment  for  their  houses  and  improve-  two  per  cent, 
ments,  entered  by  virtue  of  any  of  the  pre-emption  laws  now  in  force,  fund  unpaid. 

41  L  O — VOL  II 


(J42  ALABAMA. 

the  bills  of  the  Bank  of  the  State  of  Alabama,  or  any  of  the  branches 
thereof  to  an  amount  equal  to  the  amount  of  the  two  per  cent,  fund 
relinquished  to  this  State  by  the  Congress  of  the  United  States,  remain- 
Quantity  of  jnff  nnpaia.  Provided.  That  no  settler  shall  be  allowed  to  enter  more 
landtobeenteredth|n  Q£e  quarter-section  of  land  with  the  bills  of  said  bank,  or  either 
Alabama  to  re-  of  them :  And  provided  further,  That  the  State  of  Alabama  shall  receive 
ceive  said  bills  in  from  the  Government  of  the  United  States,  in  payment  of  said  two  per 
payment  of  thecent  fond  the  bills  of  the  Bank  of  the  State  of  Alabama,  and  the  sev- 
two  p  ere    n  t .  eral  branches  thereof,  taken  and  received  by  the  registers  and  receivers, 
as  aforesaid,  from  the  settlers  aforesaid,  in  payment  for  their  pre-emp- 
Terms  of  the  tion  claims:  And  provided  further,  That  nothing  in  this  act  shall  be  so 
relinquishm  e  n  t  construed  as  to  change  the  terms,  conditions,  and  limitations,  annexed 
iffected  by  ^  ^  reijnqni8hment  of  said  fund  to  the  said  State,  by  the  act  afore- 
said; but  such  terms,  conditions,  and  limitations,  shall  apply  and  be  in 
fall  force  in  reference  to  said  fund,  notwithstanding  its  payment  in  the 
mode  provided  by  this  act.  (a) 
(a)  See  Nos.  1015, 1314, 1452, 1459, 1494, 1541, 1573, 1607. 


March  1,  1843.     No.  1582.—  AX  ACT  for  the  relief  of  the  heirs  of  Madam  De  Lusser,  and  their 
VoL  6,  p.  887.  legal  representatives. 

Certain  lands     Se  lt  enacted,  $c.,  That  the  lands  described  in  the  special  report  of  the 

confirmed  to  register  and  receiver  of  the  land  office  for  the  district  of  St.  Stephens, 

them.  in  the  State  of  Alabama,  bearing  date  of  the  third  July,  eighteen  hun- 

dred and  thirty-four,  be,  and  the  same  are  hereby,  confirmed,  to  the 

heirs  of  Madam  De  Lusser,  to  whom  they  were  originally  granted  by 

the  French  Government,  in  seventeen  hundred  and  sixty-three,  and  to 

Proviso.  their  legal  assignees,  or  their  heirs  :  Provided,  however,  That  this  act 

shall  be  construed  as  to  operate  as  a  relinquishment  of  the  title  of  the 

United  States  only. 

Jnne  12,  1844.     No.  13S3.—  AX  ACT  for  the  relief  of  Joseph  Bryan,  Harrison  Toting  and  Ben- 
Vol.  6,  p.  9  1  3.  j  amin  Youn  g. 

Land    claim     Le  it  enacted,  #c.,  That  the>  claim  and  title  of  Joseph  Bryan,  Harrison 
confirmed.  Young,  and  Benjamin  Young,  to  the  north  half  of  section  nineteen,  in 

township  twenty-one,  in  range  twenty-four,  in  the  Tallapoosa  land  dis- 
trict, in  the  State  of  Alabama,  purchased  by  them  jointly  of  Benjamin 
Chambers,  the  head  of  a  Creek  Indian  family,  who  was  entitled  to  the 
same  under  the  provisions  of  the  treaty  between  the  United  States  and 
the  Creek  tribe  of  Indians,  concluded  on  the  twenty-fourth  of  March, 
one  thousand  eight  hundred  and  thirty-two,  be,  and  the  same  is  hereby 
confirmed. 

June  17,  1844.     No.  1584.—  AN  ACT  for  the  relief  of  the  legal  representatives  of  John  Baker, 
VoL  6,  p.  927.  deceased. 


Land  entry     ^e  ^  €nacted,  fyc.,  That  an  entry  of  five  hundred  and  seven  acres  of 
confirmed.  laud,  made  at  the  land  office  at  St.  Stephens,  in  the  State  of  Alabama, 

by  the  legal  representatives  of  John  Baker,  on  the  ninth  of  July,  one 
thousand  eight  hundred  and  thirty-nine,  be,  and  the  same  is  hereby, 
confirmed;  and  the  said  legal  representatives  shall  be  entitled  to  a 
patent  therefor,  as  in  other  cases. 

June  17,  1844.     No.  1585.T  AN  ACT  to  provide  for  the  adjustment  of  land  claims  within  the  States 
VoL  5,  p.  676.         of  Missouri,  Arkansas,  and  Louisiana,  and  in  those  parts  of  the  States  of  Mississppi 
-     and  Alabama  south  of  the  thirty  -first  degree  of  north  latitude,  and  between  the 
Mississippi  and  Perdido  rivers. 

[See  MISSOURI,  No.  1067.] 

Feb.  26,  1845.      No.  1586.—  AN  ACT  to  amend  an  act  entitled  "An  act  to  carry  into  effect,  in  the 
VoL  5,  p,  727.         btates  of  Alabama  and  Mississippi,  the  existing  compacts  with  those  States  with 

regard  to  the  five  per  cent,  fund  and  the  school  reservations.  '  ' 

«  of  ThP\°rftSe£  .-  Beit  enacted,  fc.,  That  so  much  of  the  fourth  section  of  the  act  en- 
requires  the  Se?-  t!tl?d  .An_  act  to  carry  into  effect,  in  the  States  of  Alabama  and  Mis- 
retary  of  Treas-  sissippi,  the  existing  compacts  with  those  States  with  regard  to  the 
irv  to  select  nve  per  cent,  fund  and  the  school  reservations,"  as  purports  to  require 
Jo?  school^  in"  ?  -afc  a  (luantity  of  land>  e1Hal  to  the  one  thirty-sixth  part  of  the  lands 
the  Chickasaw  yin&  witnin  tae  State  of  Alabama,  which  were  disposed  of,  or  directed 
purchase,  re-  to  be  disposed  of,  in  and  by  the  treaty  between  the  United  States  and 
the  Chickasaw  Indians,  made  and  concluded  at  the  city  of  Washing- 


ALABAMA.  643 

ton,  on  the  twenty-fourth  day  of  May,  one  thousand  eight  hundred  and 
thirty-four,  shall  be  selected,  under  the  direction  of  the  Secretary  of 
the  Treasury,  within  any  land  district  in  said  State  of  Alabama,  con- 
tiguous to  said  lands  within  said  State  so  disposed  of,  &c.,  by  the  said 
Chickasaws,  as  aforesaid,  be,  and  the  same  is  hereby,  repealed :  Pro-  Proviso. 
vided,  That  nothing  herein  contained  shall  be  so  construed  as  in  any 
wise  to  affect  the  validity  and  binding  force  of  any  such  selections  as 
may  heretofore  have  been  made,  in  virtue  of  said,  fourth  section,  and 
sanctioned  and  accepted  by  the  inhabitants  of  those  surveyed  town- 
ships, respectively,  for  whom  they  may  have  been  made,  as  an  equiva- 
lent and  substitute  for  section  number  sixteen,  within  such  surveyed 
township. 

SEC.  2.  And  be  it  further  enacted,  That  said  lands,  equal  in  quantity     Governor  of 
to  one  thirty-sixth  part  of  the  lands  so,  in  virtue  of  said  treaty,  dis-  A1{*bama  author- 
posed  of,  &c.,  within  said  State  of  Alabama,  (deducting  therefrom  such  }|e  lands  wfthS 
quantity,  if  any,  as  may  have  been  selected,  as  aforesaid,  under  the  au-  two  years, 
thority  of  said  fourth  section,  and  accepted  as  aforesaid,  in  lieu  of  said 
section  number  sixteen,  by  the  inhabitants  of  the  proper  surveyed  town- 
ship,) may  be  selected,  under  the  direction  of  the  governor  of  Alabama, 
at  any  time  within  two  years  from  the  passing  of  this  act,  in  sections, 
half- sections,  quarter- sections,  or  previously  defined  fractions,  out  of  any 
of  the  surveyed  public  lands,  within  any  of  the  land  districts  in  the  States 
of  Alabama  or  Mississippi,  subject  to  sale  at  private  sale,  and  not  in 
any  wise  encumbered  by  any  prior  claim,  lien,  or  reservation,  as  the     what  is  requi- 
governor  of  the  said  State  of  Alabama  may  direct.    Bat  the  same  se-  site    to    perfect 
lections,  respectively,  shall  not  be  holden  to  have  been  perfected,  until the  selections, 
the  same,  as  from  time  to  time  they  shall  have  been  made,  shall  have 
been  reported  to  the  Commissioner  of  the  General  Land  Office,  together 
with  proofs,  taken  in  such  manner  as  the  legislature  of  the  State  of 
Alabama  shall  prescribe,  of  the  assent  of  the  inhabitants  of  the  sur- 
veyed townships,  respectively,  for  whose  benefit  the  same  may  have 
been  selected ;  and  that  the  said  inhabitants  consent  to  and  accept  the 
same,  in  lieu  of,  and  as  a  full  equivalent  for,  the  school  section  which, 
by  the  sixth  section  of  the  act  entitled  "An  act  to  enable  the  people  of 
the  Alabama  Territory  to  form  a  constitution  and  State  government, 
and  for  the  admission  of  such  State  into  the  Union  on  an  equal  footing 
wiih  the  original  States,"  was  guarantied  to  them. 

SEC.  3.  And  be  it  further  enacted,  That  when  the  land  shall  have  been     Land  to  vest  in 
so  as  aforesaid  selected  and  reported  and,  as  aforesaid,  so  accepted  by  Alabama,   sub- 
said  inhabitants  of  said  surveyed  township,  respectively,  the  same  shall  Ject  to  the  uses, 
vest  in  the  State  of  Alabama,  subject  to  the  same  disposition  and  uses,  §on's 
and  shall  be  holden  subject  to  the  same  conditions  and  terms,  in  all  re- 
spects whatsoever,  as,  by  the  said  sixth  section  of  the  act  herein  above 
referred  to,  were  prescribed  or  intended  in  relation  to  sections  number     Governor  of 
sixteen,  within  said  State  of  Alabama.    And  it  shall  be  competent  for  Alabama  to  noti- 
the  said  governor  of  Alabama,  as  from  time  to  time  such  selections  may  the  Land  cfffice  of 
be  made,  and  before  they  are  perfected  as  aforesaid,  to  give  notice  hia  selections, 
thereof  to  the  register  of  the  proper  land  office  of  the  land  district  in 
which  such  selection  may  be  made,  in  such  form  as  the  Commissioner 
of  the  General  Land  Office  shall  prescribe  ;  and,  thereupon,  the  land  so 
selected  shall,  during  such  convenient  time  as  such  Commissioner  of 
the  General  Land  Office  may  prescribe,  be  considered,  for  the  time  be- 
ing, as  withdrawn  from  sale,  and  not  subject  to  entry,  (a) 

(a)  See  ISTos.  1450, 1452, 1477, 1541, 1589, 1590, 1592. 1600, 1603, 1604. 

No.  158r .— AN  ACT  for  the  relief  of  Wiley  B.  Parnell,  of  Blount  County,  Alabama,      Aug.  8,  1846. 
and  James  A.  Whiteside,  of  Illinois.  Vol.  9,  p.  662. 

Be  it  enacted,  $c.,  That  Wiley  B.  Parnell,  of  Blount  County,  Alabama,     Wiley  B.  Par- 
be,  and  he  is  hereby,  authorized  to  surrender  the  certificate  that  issued  nell  authorized  to 
to  him  from  the  Huntsville  land  office,  in  said  State,  for  the  northeast  surrender     the 
quarter  of  the  southwest  quarter  of  section  number  thirty-two,  township  Sse  n  t  ere  d 
number  twelve,  range  number  two  west,  in  said  land  district,  entered  under  a  mistake, 
by  the  said  Parnell  on  the  fourth  day  of  December,  eighteen  hundred  and  to  enter  oth- 
and  forty-four,  under  a  mistake ;  and,  upon  the  surrender  of  said  cer-  thereof     m 
titicate,  or  the  patent  for  said  tract  of  land,  if  it  has  issued,  under  such 
rules  and  regulations  as  the  Commissioner  of  the  General  Land  Office 
may  prescribe,  the  said  Wiley  B.  Parnell  is  hereby  authorized  to  enter,, 
in  lieu  thereof,  the  southwest  quarter  of  the  northeast  quarter  of  said 
section,  township,  and  range,  it  being  the  tract  the  said  Wiley  B.  Par- 


644  ALABAMA. 

Application  to  nell  intended  to  enter  :  Provided,  That  application  is  made  by  the  said 
be  made  within  \\riley  B.  Parnell,  under  the  provisions  of  this  act,  within  six  months 
81^ODentrV  not  af ter  the  passage  of  the  same :  And  provided  further,  That  the  entry 
to  interfere  with  shall  not  he  made  to  the  prejudice  of  the  rights  of  any  other  person  or 
rights  of  others,  persons. 


™  Wo.  1588.— AN  ACT  declaring  the  assent  of  Congress  to  certain  States  to  impose 

™\  ^      *'        a  tax  upon  all  lands  hereafter  fold  by  the  United  States  therein,  from  and  after  the 
Vol.  9.  p.  118.        day  o£  ^uch  sale. 

[States  admitted  into  the  Union  prior  to  April  24,  1820,  may  tax  pub- 
lic lands  after  the  day  of  sale.    See  OHIO,  No.  169.] 


March  3. 1847     No.  1589.— AN  ACT  to  amend  an  act  entitled  "  An  act  to  amend  'An  act  to  carry 
into  effect  in  the  States  of  Alabama  and  Mississippi  the  existing  compacts  with 
'  r'  those  States  with  regard  to  the  five  per  cent,  fund  and  the  school  reservations.'  " 


Provisions    of     Be  it  enacted,  #c.,  That  the  provisions  of  "An  act  to  amend  an  act  en- 
the  act  of  Febru-  titled  'An  act  to  carry  into  effect  in  the  States  of  Alabama  and  Missis- 
Sded  8o4aseto  siPPi  tne  existm£  compacts  with  those  States  with  regard  to  the  five  per 
enable  the  state  cent,  fund  and  the  school  reservations,'"  approved  February  twenty- 
of   Alabama   to  six,  eighteen  hundred  and  forty-five,  be,  and  the  same  are  hereby,  ex- 
locate  a  certain  tended  so  as  to  enable  the  State  of  Alabama  to  locate  a  quantity  of 
ia-  land  in  any  of  the  States  or  Territories  equal  to  the  quantity  now  due 
to  the  inhabitants  of  the  township  within  the  Chickasa  w  cession  within 
Proviso.  said  State :  Provided,  That  they  shall  be  made  subject  to  the  restriction  a 

and  limitations  of  the  act  the  title  of  which  has  been  cited,  as  far  as  the 
same  may  be  applicable,  (a) 

(a)  See  Nos.  1450, 1452,  1477,  1541,  1586, 1590,  1592,  1600,  1603,  1604. 


Aug.  11, 1843.  No«  1590.— AN  ACT  to  authorize  the  State  of  Alabama  to  apply  certain  lands  here- 
Vof  9,  p.  281  tofore  granted  to  that  State  for  internal  improvements,  for  the  use  of  schools  in 
11 the  valueless  sixteenth  sections  in  said  State. 


granted"^  State     Be  {t  enacted,  #c.,  That  the  lands  granted  to  the  State  of  Alabama 

of  Alabama  for  for  purposes  of  internal  improvement,  by  the  eighth  section  of  the  act 

internal  improve-  entitled  u  An  act  to  appropriate  the  proceeds  of  the  sales  of  the  public 

applied  "by7  said  1*nd8'andto  8rant  preemption  rights,"  approved  September  fourth, 

State  for  the  use  eiSh  ceen  hundred  and  forty-one,  may  be,  and  the  same  are  hereby, 

of  schools.  placed  at  the  disposal  of  the  legislature  of  said  State,  at  such  price  as 

said  legislature  may  direct,  to  be  applied  for  the  use  of  schools  in  such 

townships  of  said  State  as  in  which  the  sixteenth  or  school  sections  are 

comparatively  valueless,  and  the  legislature  may  locate  said  lands  in 

any  legal  subdivisions,  not  less  than  forty  acres,  within  the  limits  of 

said  State,  (a) 

(a)  See  Nos.  1450,  1452,  1477,  1541,  1586,  1589,  1592,  1600,  1603,  1604. 


Feb.  19,  1849.     No'  1591.—  AN  ACT  to  relinquish  the  reversionary  interest  of  the  United  States 
YoL  9,  p.  346.  m  a  certain  Indian  reservation  in  the  State  of  Alabama. 

Reversionary     Be  {t  ™<wtod,  $c.,  That  all  the  right,  title,  and  interest,  which  might  ac- 

interest   of   the  crue  or  revert,  or  has  accrued  or  reverted,  to  the  United  States,  to  a  cer- 

Tnited  States  in  tain  reservation  confirmed  to  the  heirs  of  William  Jones,  deceased,  by  the 

LSdSqSed^.1?0^6  from  the  .United  States,  bearing  date  the  twelfth  day  of 

to  Stephen  Steele  APril>  one  thousand  eight  hundred  and  twenty,  being  known  and  de- 

and  James  Dan-  scribed  as  fractional  section  sixteen,  and  the  southeast  and  southwest 

quarters  of  section  nine,  in  township  six,  and  range  five,  under  a  treaty 

made  and  concluded  at  Fort  Jackson,  on  the  ninth  day  of  August,  one 

thousand  eight  hundred  and  fourteen,  and  lying  in  the  State  of  Alabama, 

be,  and  the  same  are  hereby,  relinquished  and  vested  in  Stephen  Steele 

and  James  Daniel,  respectively,  according  to  the  extent  of  their  several 

Proviso.  interests  therein  :  Provided,  however,  (and  this  relinquishment  is  made 

upon  the  condition,)  That  the  said  Steele  and  Daniel,  or  either  of  them, 

have  fairly,  and  in  good  faith,  and  for  a  valuable  and  adequate  consid- 

eration, purchased  of  the  said  heirs,  by  authentic  and  valid  deeds,  their 


ALABAMA.  645 

respective  rights  in  and  to  the  said  reservations  :  And  provided,  further, 
That  no  sale  or  conveyance  of  said  reservation,  or  any  part  thereof,  by 
the  said  reservees,  or  either  of  them,  shall  be  deemed  regular  or  valid, 
nor  shall  this  act  have  effect,  until  the  President  of  the  United  States, 
or  some  officer  to  be  by  him  designated,  shall  have  approved  such  con- 
veyance, and  endorsed  his  approval  thereon. 

No.  1 592.— A^T  ACT  to  extend  the  provisions  of  an  act  approved  the  third  of  March,      Feb.  26, 1849. 

eighteen  hundred  and  forty-seven,  for  carrying  into  effect  the  existing  compacts      VoL  9,  p.  348. 

with  the  States  of  Alabama  and  Mississippi,  with  regard  to  the  five  per  cent,  fund  —      — 

and  school  reservations. 

Be  it  enacted,  $c.,  That  the  provisions  of  "An  act  to  amend  an  act  en-     Three  years  al- 
titled  'An  act  to  carry  into  effect,  in  the  States  of  Alabama  and  Missis-  Allbamatomake 
sippi,  the  existing  compacts  with  those  States  with  regard  to  the  five  selection  of  lands 
per  cent,  fund  and  the  school  reservations/  approved  March  third,  authorized  by 
eighteen  hundred  and  forty- seven,"  be,  and  the  same  are  hereby  ex-  previous  acts, 
tended,  so  as  to  enable  the  State  of  Alabama  to  have  three  years  from 
the  passage  of  this  act  in  which  to  make  the  selections  of  land  authorized 
by  the  preceding  acts  to  which  this  is  an  amendment,  (a) 

(a)  See  Nos.  1450, 1452, 1477, 1541, 1586, 1589, 1590, 1600, 1603, 1604. 

No.  1593.-AN  ACT  for  the  relief  of  the  citizens  of  Cedar  Bluff,  in  the  State  of     March  2, 1849. 
Alabama,  and  for  other  purposes.  VoL  9,  p.  770. 

Be  it  enacted,  $-c.,  That  the  commissioner  of  the  county  of  Cherokee,  in  Commissioners 
the  State  of  Alabama,  be,  and  they  are  hereby,  authorized  to  enter  the  of  Cherokee 
tract  of  land  lying  on  the  Coosa  River,  whereon  the  town  of  Cedar  Bluff  County,  Alaba- 
( formerly  called  Jefferson)  is  situated,  in  said  county,  containing  one™*'^orizedt$ 
hundred  and  fifty  acres,  according  to  the  survey  of  S.  R.  Russell,  on  the  land  on  which 
payment  by  the  commissioners  of  said  county  of  the  minimum  price,  as  the  town  of  Ce- 
in  other  cases :  Provided,  That  said  commissioners  shall  sell  in  lots,  on  dar  Bluff  is  situ- 
reasonable  notice,  (not  less  than  sixty  days,)  to  the  highest  bidder,  all  atpr0viso-  how 
that  portion  of  said  tract  of  land  not  hereinafter  referred  to  and  em-  said  land  shall  be 
braced,  make  titles  to  the  purchasers,  and  apply  the  proceeds  of  said  sold  and  proceeds 
sale  for  the  common  benefit  of  said  county  of  Cherokee.  applied. 

SEC.  2.  And  be  it  further  enacted,  That  neither  the  entry  nor  the  right     Such  entry  not 
of  entry  of  said  tract  of  land,  by  said  commissioners,  shall  interfere  Jj  aTstuAthe  til 
with  or  disturb  the  titles  of  purchasers  to  the  lots  heretofore  sold  in  ties  of  certain 
said  town  by  the  county  commissioners  of  said  county  of  Cherokee,  who  purchasers  to 
have  paid,  or  may,  within  twelve  months,  complete  payment  of,  accord-  *  ° ;*  s  heretofore 
ing  to  the  terms  of  sale,  the  sum  of  the  first  instalment  on  the  amount 80 
for  which  said  lots  were  purchased  ;  but  in  all  such  cases,  without  fur- 
ther action  of  any  kind,  the  right  and  title  of  the  purchasers  to  the  lots 
thus  purchased  and  paid  for,  together  with  all  the  improvements  there- 
on, are  hereby  fully  confirmed  to  and  vested  in  said  purchasers,  their 
heirs  at  law,  and  bona-fide  vendees  and  assignees.    And  the  said  com-     Said  commis- 
missioners  are  hereby  authorized  and  required  (should  they  enter  said  sioners  to  make 
tract  of  land  on  the  terms  above  named)  to  make  titles  to  said  lots  to  Jities  to  said  lots 
the  owners  thereof,  according  to  the  description  by  which  the  same 
were  known  and  distinguished  in  the  plan  of  the  said  town  of  Cedar 
Bluff. 

SEC.  3.  And  be  it  further  enacted,  That  (should  said  commissioners  enter    Patent  to  issue, 
said  tract  of  land  on  the  terms  above  named)  the  President  of  the  United 
States  be,  and  he  is  hereby,  authorized  and  required  to  issue,  to  said 
commissioners  of  said  county  of  Cherokee,  a  patent  for  said  tract  of 
land,  for  the  uses  and  purposes  herein  before  mentioned. 

No.  1594.— AN  ACT  to  grant  the  right  of  way  to  the  Mobile  and  Ohio  Kailroad    March  3, 1849. 

Company.  Vol.  9,  p.  772. 

Be  it  enacted,  #c.,  That  the  right  of  way  is  hereby  granted  to  the  Mo-  Eight  of  way 
bile  and  Ohio  Railroad  Company  for  the  railroad  contemplated  by  said  through  the 
company  to  be  constructed  from  Mobile  to  its  northern  terminus  on  the  land| of  the  Uni- 
Ohio  or  Mississippi  rivers,  at  or  near  the  mouth  of  of  the  Ohio,  and  the  S[  to^B^ShSe 
said  company  is  hereby  authorized  to  locate  said  road  through  anyana  Ohio  Kail- 
of  the  public  lands  of  the  United  States  which  may  lie  on  the  route  road  Company, 
which  may  be  selected  for  the  location  of  said  road  ;  and  the  said  com- 

Eany  is  hereby  authorized  to  survey  and  mark  through  the  said  public 
inds  the  track  of  said  road  one  hundred  feet  in  width,  and,  further- 
more, an  additional  quantity  of  twenty-five  feet  in  width  on  each  side 


(546  ALABAMA. 

of  said  road  along  the  same,  which  land  shall  be  reserved  from  sale,  and 
the  title  whereof  shall  be  vested  in  the  State  wherein  snch  land  shall 
lie,  for  the  use  of  said  railroad  company  forever,  and  for  no  other  use 

Said  Company  WSEC.  2.  'And  le  it  further  enacted,  That  the  said  Mobile  and  Ohio  Rail- 
may  take  from  road  Company  shall  have  the  privilege,  and  the  same  is  hereby  granted 
the  public  lands  to  them  to  cut  an(j  U8e  an  8nch  timber,  and  to  use  all  earth,  stone, 
KaXJSr^BMid,  gravel,  mineral,  and  other  materials  on  the  public  lands  of  the 
United  States,  which  may  be  necessary  for  the  construction  or  repair 
of  said  road,  and  to  build  bridges,  or  construct  buildings,  truss  work, 
or  other  erections,  such  as  the  same  may  require,  and  use  such  water  as 
may  be  wanted,  and  cross  such  streams  as  shall  be  necessary  for  the 
completion  and  use  of  said  road:   Provided,  That  the  said  railroad 
Proviso  as  to  company,  when  the  said  railroad  shall  be  completed,  shall  carry  the 
transportation  of  mails  of  the  United  States  on  such  terms  as  the  Postmaster-General 
United  Stetes^6  8na1.1  te  abie  to  contract>  for  similar  services,  with  other  railroad  com- 
panies, (a) 

(a)  See  Nos.  432,  1414,  1532,  1542,  1597,  1608,  1609,  1610,  1613, 1614,  1616, 1617, 1619, 1620, 
1621,  1623. 

May  23, 1850.     No.  1595.— AX  ACT  giving  the  assent  of  Congress  to  the  leasing  of  a  portion  of  the 
Vol.  9,  p.  797.  margin  of  the  Black  Warrior  River  for  the  purposes  therein  mentioned. 


Margin  of  Black     Be  it  enacted,  $c.,  That  the  consent  of  Congress  be,  and  it  is  hereby, 
Warrior     River  given  to  the  corporation  of  the  city  of  Tuscaloosa  to  lease  to  the  Tusca- 
to  be   used  for  looga  piank  Roa(i  Company  so  much  of  the  margin  of  the  Black  War- 
M'  rior  River  at  the  termination  of  said  road  as  may  be  necessary  for  a 
warehouse  and  landing  on  said  river,  any  thing  contained  in  the  act  of 
Congress  of  the  twenty-sixth  May,  eighteen  hundred  Lnd  twenty-four, 
"granting  to  the  corporation  of  Tuscaloosa  certain  lots  and  privileges 
over  the  reservations  and  commons  in  said  town,"  to  the  contrary  not- 
withstanding. 


June  17, 1850.  No.  1596.- AN  ACT  for  the  relief  of  James  T.  Shackelford. 

VoL9,P.798.  .  ^.Ci>That  jame8  T.  Shackelford,  of  the  State  of  Ala- 


Title  confirmed  bama,  be,  and  he  is  hereby,  confirmed  in  the  following-described  tract 

tra  t*of  j8pefifiej[  of  land,  to  wit:  the  southeast  quarter  of  section  number  sixteen,  in 

patent  tote  i*  township  numbered  seventeen,  in  range  numbered  one  west,  in  the  dis- 

sued  therefor  to  trict  of  lands  subject  to  entry  at  the  land  office  at  Deinopolis,  in  the 

J.    T.    Shackle-  said  State  of  Alabama,  and  that  the  Commissioner  of  the  General  Land 

Office,  upon  the  passage  of  this  act,  shall  issue  a  patent  for  the  same  : 

Proviso.  Provided,  That  said  commissioner  shall  be  first  satisfied  that  the  said 

James  T.  Shackleford  has  purchased  the  interest  in  the  said  tract  of 

Further  pro-  land  of  the  person  who  originally  entered  the  same:  And  provided,  fur- 

vi80-  ther,  That  the  said  patent  shall  operate  only  as  a  relinquishment  on  the 

part  of  the  United  States  of  all  right  and  title  to  the  said  land. 


Sept  20,  1850.    No.  1597.— AX  ACT  granting  the  right  of  way  and  making  a  grant  of  land  to  the 
VoL  9,  p.  466.         States  of  Illinois,  Mississippi,  and  Alabama,  in  aid  of  the  construction  of  a  railroad 
from  Chicago  to  Mobile. 


Sept  20,  1850.    No.  1597.— AN  ACT 

ates  of  Illinois,  Mis 
>m  Chicago  to  Mobi' 

[See  ILLINOIS,  No.  432.] 
Aug.  2,  1852.      No.  1598.— AN  ACT  to 


)8.— AN  ACT  to  protect  actual  settlers  upon  the  land  on  the  line  of  the  Cen- 
tral .Railroad  and  branches,  by  granting  preemption  rights  thereto. 

[See  ILLINOIS,  No.  433.] 


An?.  16, 1852.     No.  1599.— AN  ACT  for  the  relief  of  the  heirs  of  Semoice,  a  friendly  Creek  Indian. 
V  ol.  10,  p.  735. 

Be  it  enacted,  fc.,  That  the  children  and  heirs  of  Semoice,  deceased, 


A  certain  tract  a  Creek  Indian,  to  wit. ;  Hetty  Deas,  Vicy  Foxy,  and  Elizabeth  Semoice, 

feSpl°eln8the  be  and  are  hereby  vested  with  a  title  in  fee-simple,  to  fractional  section 

heirs  of  Semoice.  twenty-three,  township  four,  range  two  east,  containing  six  hundred 

and  two  acres  and  fifty-three  hundredths  of  an  acre,  being  the  same 


ALABAMA. 


647 


land  selected  and  entered  by  the  said  Semoice,  under  and  by  virtue  of 
an  act  approved  second  July,  eighteen  hundred  and  thirty-six,  entitled 
"An  act  for  the  relief  of  Samuel  Smith,  Lynn  Mac  Ghee,  and  Semoice, 
friendly  Creek  Indians  : "  Provided,  That  this  act  shall  not  be  construed 
to  defeat  or  prejudice  the  legal  claim,  if  there  be  any,  of  other  persons 
to  the  said  tract  of  land,  (a) 


(a)  See  Nos.  1538, 1544. 


Proviso. 


No,  1 600.— AN  ACT  to  extend  the  provisions  of  an  act  approved  the  third  of  March,     Jan.  25,  1853. 
eighteen  hundred  and  forty-seven,  and  the  act  approved  the  twenty-sixth  of  Feb-     YoL  10,  p.  153. 

ruary,  eighteen  hundred  and  forty-nine,  for  carrying  into  effect  the  existing  com- 

pact's  with  the  States  of  Alabama  and  Mississippi,  in  relation  to  the  five  per  cent, 
fund  and  school  reservations. 

Be  it  enacted,  #c.,  That  the  provisions  of  "An  act  to  amend  an  act  en-    Alabama  allow 
titled  'An  act  to  amend  an  act  to  carry  into  effect,  in  the  States  of  Ala-  fi 
bama  and  Mississippi,  the  existing  compacts  with  those  States  with  re-  this  ajt  to 
gard  to  the  five  per  cent,  fund,  and  school  reservations/  "  approved  selections. 
March  the  third,  one  thousand  eight  hundred  and  forty-seven,  and  the 
act  to  extend  the  provisions  of  said  act,  approved  February  twenty- 
sixth,  eighteen  hundred  and  forty-nine,  be,  and  the  same  are  hereby 
extended,  so  as  to  allow  the  State  of  Alabama  three  years  from  the 
passage  of  this  act,  to  complete  the  selections  of  land  authorized  by  the 
said  acts  to  which  this  is  an  amendment,  (a) 

(a)  See  Nos.  1450, 1452, 1477, 1541, 1586, 1589, 1590, 1592, 1603, 1604. 


No.  1601.— AN  ACT  for  the  relief  of  William  J.  Price.  March  3,  1853. 

Be  it  enacted,  <fc.,  That  William  J.  Price  be,  and  he  is  hereby  con-    YoL  10'  *>• 765' 
firmed  in  his  title  to  a  certain  tract  of  land  situate  in  the  county  of     Tract  of  land 
Jackson,  State  of  Alabama,  on  the  waters  of  Jones's  Creek,  known  as  confirmed  to  Will- 
William  Jones's  reservation,  it  being  the  place  first  settled  by  William iam  J- Prica 
Jones,  and,  after  his  death,  transferred  by  his  widow  and  heirs  at  law 
to  said  William  J.  Price :  Provided,  That  this  confirmation  shall  only    proviso, 
operate  as  a  relinquishment  on  the  part  of  the  United  States,  and  shall 
not  affect  the  rights  of  any  minor  heir  or  heirs,  or  of  third  persons. 


March  3,  1853. 
VoL  10-  P-  259- 


No.  1602.—  AN  ACT  authorizing  the  sale  of  certain  reserved  lands  in  Alabama. 

Be  it  enacted,  #c.,  That  the  lands  lying  in  Clarke  County,  in  the  State 
of  Alabama,  which  have  been  reserved  from  sale  as  cedar  lands,  under     Cedar  lands  in 
and  by  virtue  of  "An  act  making  reservation  of  certain  public  lands  to  Clark  County, 
supply  timber  for  naval  purposes,"  approved  March  first,  eighteen  hun-  ^M        '  may 
dred  and  seventeen,  shall  hereafter  be  liable  to  be  sold  in  the  same  man- 
ner and  under  the  same  provisions  and  restrictions  as  other  public  lands 
of  the  United  States,  (a) 

(a)  See  Nos.  433,  730,  1266,  1279,  1281,  1293,  1301,  1323,  1422,  1428,  1429,  1436,  1441,  1448, 
1450,  1470,  1516,  1545,  1598,  1609,  1618. 


No.  1603.— AN  ACT  to  authorize  the  school  commissioners  of  fractional  township  April  20,  1854. 
number  one,  of  range  number  ten  east,  in  Alabama,  to  locate  one  half-section  of  land  Vol.  10,  p.  275. 
for  school  purposes. 

Be  it  enacted,  <f-c.,  That  the  school  commissioners  of  fractional  town- enter  certain 
ship  number  one,  of  range  number  ten  east,  situated  in  the  district  of  land, 
land  subject  to  sale  at  Lebanon,  Alabama,  be,  and  is  hereby  authorized 
to  enter,  free  of  charge,  in  lieu  of  the  lands  to  which  they  are  entitled 
by  any  existing  law,  one  half-section  of  land  in  legal  subdivision,  any- 
where in  said  township,  with  a  view  to  the  ultimate  convenience  of  the 
citizens  of  said  township,  and  the  quality  of  soil  for  school  purposes, 
and  said  lands  thus  located  shall  be  governed  by  the  same  laws,  rules, 
and  regulations,  as  is  the  school  sixteenth  section  in  said  State  of  Ala- 
bama. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  said 
school  commissioners  to  locate  and  report,  within  two  years,  what  lands  and"report"made 
they  have  entered,  to  the  Commissioner  of  the  General  Land  Office  at  within  two  years. 


Where  located. 


How  governed. 


To  be  located 


6=18  ALABAMA. 

Withdrawn  Washington,  and  it  shall  be  his  duty,  upon  the  receipt  of  such  report  of 
from  sale  of  pub-  location,  to  withdraw  from  sale  the  said  lands,  and  the  title  thereto 
shall  be  valid  as  in  sixteenth  sections  heretofore  granted  in  the  new 
States,  (a) 
(a)  See  New.  1450, 1452, 1477, 1541, 1586, 1589, 1590, 1592, 1600, 1604. 


June  28,  1854.     No.  1604.— AN  ACT  to  authorize  the  selection  of  school  districts  in  lieu  of  the  six- 
Vol.  10,  p.  299.  teenth  sections  within  the  twelve-miles  square  reservation,  State  of  Alabama, 

School    com       Be  it  enacted,  #c.,  That  the  school  commissioners  of  township  six  south, 

missionersof  cer-  range  one  east,  townships  five  and  six  south,  range  two  east,  and  town- 

tain  towns  hips  in  gkjpg  five  an(j  8jx  south,  range  three  east,  Huntsville  district,  Alabama, 

Sct^anthcrized  °«,  and  the  same  are  hereby,  authorized  to  select,  respectively,  by  legal 

to  select  iudem-  subdivisions,  from  any  of  the  surveyed  public  lands,  the  quantity  as 

nity  school  lands.  near  as  may  be,  contained  in  the  sixteenth  sections  of  said  townships, 

within  the  twelve- miles  square  reservation  ;   which  selections,  upon 

being  approved  by  the  Secretary  of  the  Interior,  shall  be  holden  by  the 

How  held.         game  tenure,  and  upon  the  same  terms,  for  the  support  of  schools  in  such 

townships,  as  the  sections  numbered  sixteen,  within  the  said  reservation 

would  have  been,  had  not  treaty  stipulation  made  other  disposition 

thereof,  (a) 

(a)  See  Nos.  1450,  1452, 1477,  1541, 1586,  1589,  1590,  1592,  1600,  1601 


June  29, 1854.     No.  16O5.— JOINT  RESOLUTION  directing  the  connection  of  the  public  surveys 
VoL  10,  p.  593.         in  Alabama  with  the  boundary  line  between  the  States  of  Alabama  and  Florida. 


Connection  of  Besolved,  $~c..  That  the  connection  of  the  public  surveys  in  Alabama, 
surveys  in  Ala-  w^h  the  boundary  line  between  the  States  of  Alabama  and  Florida, 
boundary  wi th sha11  ^  made  under  tne  direction  of  the  General  Land  Office,  and  that 
Florida.  the  same  be  executed  as  early  as  practicable,  (a) 


(a)  See  Nos.  777,  1450,  1463,  1500. 


Aug.  2, 1854,      JVo.  1 606.— AN  ACT  to  relinquish  the  reversionary  interest  of  the  United  States  to 
ToL  10,  p.  810.        a  certain  reservation  therein  mentioned,  and  to  confirm  the  title  of  Charles  G.  Gunter 
thereto. 

^AU  i?t  ripl&  Beit  enacted,  fc.,  That  all  the  right,  title,  and  interest  which  might 
awarw  or  revert accrue  or  revert  to  the  United  States  to  a  certain  fraction  of  section 
to  the  U n  i  t  e  d  number  nineteen  of  township  number  sixteen  and  range  number  six- 
States  to  certain  teen,  including  an  island  in  the  Alabama  River,  commonly  called  Manac's 
^SdhedT  CM?'  I8land»  a  ntt!e  below  the  mouth  of  Catoma  Creek,  and  being  the  reser- 
G^nter,  Ms  heirs  vation  *°  which  Samuel  Manac,  a  Creek  Indian,  became  entitled  under 
and  assigns.  the  treaty  of  Fort  Jackson,  be,  and  the  same  are  hereby  relinquished  to 
When  patent  to  Charles  G.  Gunter,  his  heirs  and  assigns,  and  a  patent  shall  be  issued  to 
be  issued.  the  said  Charles  G.  Gunter,  his  heirs  or  assigns,  for  the  same,  upon  the 

payment  to  the  receiver  of  the  land  office  at  Cahaba,  in  the  State  of 
Alabama,  of  the  minimum  price  per  acre  of  the  public  lands  now  subject 
to  entry  in  said  State. 

2.  1855.    No.  1607.— AN  ACT  to  settle  certain  accounts  between  the  United  States  and  the 
,  p.  630.  State  of  Alabama. 


Settlement  of  Be  it  enacted,  $c.,  That  the  Commissioner  of  the  General  Land  Office 
Alabama.  w  *  *  h  De>  and  be  is  hereby,  required  to  state  an  account  between  the  United 
States  and  the  State  of  Alabama,  for  the  purpose  of  ascertaining  what 
sum  or  sums  of  money  are  due  to  said  State,  heretofore  unsettled,  under 
the  sixth  section  of  the  act  of  March  second,  eighteen  hundred  and 
nineteen,  for  the  admission  of  Alabama  into  the  Union ;  and  that  he  be 
required  to  include  in  said  account  the  several  reservations  under  the 
various  treaties  with  the  Chickasaw,  Choctaw,  and  Creek  Indians 
within  the  limits  of  Alabama,  and  allow  and  pay  to  the  said  State  five 
per  centum  thereon,  as  in  case  of  other  sales. 


' 18^'     N™  1608.— AN  ACT  granting  public  lands,  in  alternate  sections,  to  the  States  of 
i,  p.  15.         j  lorida  and  Alabama,  to  aid  in  the  construction  of  certain  railroads  in  said  States. 

[See  FLORIDA,  No.  1601.] 


ALABAMA.  649 

1609.— AN  ACT  granting  public  lands,  in  alternate  sections,  to  the  State  of     June  3, 1856. 
Alabama  to  aid  in  the  construction  of  certain  railroads  in  said  State.  Vol.  11,  p.  17. 


Be  it  enacted,  #c.,  That  there  be,  and  is  hereby,  granted  to  the  State     Grant  of  land 
of  Alabama,  for  the  purpose  of  aiding  in  the  construction  of  railroads;  in  Alabama  for 
from  the  Tennessee  River,  at,  or  near  Gunter's  landing,  to  Gadsden,  on  railroad8- 
the  Coosa  River ;  from  Gadsden  to  connect  with  the  Georgia  and  Ten- 
nessee and  Tennessee  line  of  railroads,  through  Chattooga,  Wills,  and 
Lookout  Valleys ;  and  from  Elyton  to  the  Tennessee  River  at  or  near 
Beard's  Bluff,  Alabama,  every  alternate  section  of  land  designated  by 
odd  numbers,  for  six  sections  in  width  on  each  side  of  each  of  said 
roads.    But  in  case  it  shall  appear  that  the  United  States  have,  when 
the  lines  or  routes  of  said  roads  are  definitely  fixed,  sold  any  sections    Grant  in  lieu 
or  any  parts  thereof,  granted  as  aforesaid,  or  that  the  right  of  preemp-  j£  promoted 
tion  has  attached  to  the  same,  then  it  shall  be  lawful  for  any  agent  or 
agents,  to  be  appointed  by  the  governor  of  said  State,  to  select,  subject 
to  the  approval  of  the  Secretary  of  the  Interior,  from  the  lands  of  the 
United  States  nearest  to  the  tiers  of  sections  above  specified,  so  much 
land,  in  alternate  sections,  or  parts  of  sections,  as  shall  be  equal  to  such 
lands  as  the  United  States  have  sold,  or  otherwise  appropriated,  or  to 
which  the  rights  of  preemption  have  attached  as  aforesaid,  which  lands 
(thus  selected  in  lieu  of  those  sold  and  to  which  preemption  rights 
have  attached  as  aforesaid,  together  with  the  sections  and  parts  of  sec- 
tions designated  by  odd  numbers,  as  aforesaid,  and  appropriated  as 
aforesaid)  shall  be  held  by  the  State  of  Alabama,  for  the  use  and  pur- 
pose aforesaid :  Provided,  That  the  land  to  be  so  located  shall  in  no  case 
be  further  than  fifteen  miles  from  the  lines  of  said  roads,  and  selected 
for  and  on  account  of  each  of  said  roads :  Provided  further,  That  the    Grant,  how  ap- 
lands  hereby  granted  for  and  on  account  of  said  roads,  severally,  shall  P116^ 
be  exclusively  applied  in  the  construction  of  that  road  for  and  on  ac- 
count of  which  such  lands  are  hereby  granted,  and  shall  be  disposed  of 
only  as  the  work  progresses,  and  the- same  shall  be  applied  to  no  other 
purpose  whatsoever:  And  provided  further,  That  any  and  all  lands  here- 
tofore reserved  to  the  United  States  by  any  act  of  Congress,  or  in  any    Act  not  to  ap- 
other  manner  by  competent  authority,  for  the  purpose  of  aiding  in  any  P?.v  to   reserva- 
object  of  internal  improvement,  or  for  any  other  purpose  whatsoever,  rSt  oFwayf3 
be,  and  the  same  are  hereby,  reserved  fco  the  United  States  from  the 
operation  of  this  act,  except  so  far  as  it  may  be  found  necessary  to  lo- 
cate the  routes  of  said  railroads  through  such  reserved  lands,  in  which 
case  the  right  of  way  only  shall  be  granted,  subject  to  the  approval  of 
the  President  of  the  United  States.  («) 

SEC.  2.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec-    Price  of  alter- 
tions  of  land  which,  by  such  grant,  shall  remain  to  the  United  States,  Jat®  sections 
within  six  miles  on  each  side  of  said  roads,  shall  not  be  sold  for  less 
than  double  the  minimum  price  of  the  public  lands  when  sold,  nor  shall 
any  of  said  lauds  become  subject  to  private  entry  until  the  same  have 
been  first  offered  at  public  sale  at  the  increased  price.  (&) 

SEC.  3.  And  be  it  further  enacted,  That  the  said  lands  hereby  granted    Object  of  grant, 
to  the  said  State  shall  be  subject  to  the  disposal  of  the  legislature  there-    Esjj[°nf  jj^jj? 
of,  for  the  purposes  aforesaid,  and  no  other;  and  the  said  railroads f0r  the  Govern^ 
shall  be  and  remain  public  highways  for  the  use  of  the  Government  of  ment. 
the  United  States,  free  from  toll  or  other  charge  upon  the  transporta- 
tion of  any  property  or  troops  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  the  lands  hereby  granted  to  Lands,  how 
said  State  shall  be  disposed  of  by  said  State  only  in  manner  following,  disposed  of. 
that  is  to  say :  That  a  quantity  of  land,  not  exceeding  one  hundred  and 
twenty  sections  for  each  of  said  roads,  and  included  within  a  continu- 
ous length  of  twenty  miles  of  each  of  said  roads,  may  be  sold ;  and 
when  the  governor  of  said  State  shall  certify  to  the  Secretary  of  the 
Interior  that  any  twenty  continuous  miles  of  any  of  said  roads  is  com- 
pleted, then  another  quantity  of  land  hereby  granted,  not  to  exceed 
one  hundred  and  twenty  sections  for  each  of  said  roads  having  twenty 
continuous  miles  completed  as  aforesaid,  and  included  within  a  con- 
tinuous length  of  twenty  miles  of  each  of  such  roads,  may  be  sold;  and 
so,  from  time  to  time,  until  said  roads  are  completed  ;  and  if  any  of  said 
roads  is  not  completed  within  ten  years,  no  further  sale  shall  be  made, 
and  the  lands  unsold  shall  revert  to  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  the  United  States  mail  shall  be    Transportation 
transported  over  paid  roads,  under  the  direction  of  the  Post- Office  De-  of  mail8- 
partment,  at  such  price  as  Congress  may,  by  law,  direct:  Provided,  That 


650  ALABAMA. 

until  such  price  is  fixed  by  law,  the  Postmaster-  General  shall  have  the 
power  to  determine  the  same. 

rra.it  of  other  SEC  6.  And  be  it  further  enacted,  That  a  grant  of  lands  shall  be  made 
landTto  Alabama  to  said  State  to  aid  in  the  construction  of  the  following  roads  in  said 
for  railroads.  state  to  wit:  The  Memphis  and  Charleston  Railroad,  extending  from 
Memphis  on  the  Mississippi  River,  in  Tennessee,  to  Stevenson,  on  the 
Nashville  and  Chattenooga  Railroad,  in  Alabama  ;  the  Girard  and  Mo- 
bile Railroad  from  Girard  to  Mobile,  Alabama;  the  Northeast  and 
Southwestern  Railroad,  from  near  Gadsden  to  some  point  on  the  Ala- 
bama and  Mississippi  State  line,  in  the  direction  to  the  Mobile  and 
Ohio  Railroad,  with  a  view  to  connect  with  said  Mobile  and  Ohio  Rail- 
road •  the  Coosa  and  Alabama  Railroad,  from  Selma  to  Gadsden  ;  the 
Central  Railroad  from  Montgomery  to  some  point  on  the  Alabama  and 
Tennessee  State  line  in  the  direction  to  Nashville,  Tennessee  ;  and  that 
alternate  sections  of  the  public  lands  to  the  same  extent  and  in  the 
same  manner,  and  upon  the  same  limitations  and  restrictions  in  every 
respect  shall  be  and  is  hereby  made  to  aid  in  the  construction  of  the 
roads  in  said  State  mentioned  in  this  act  :  Provided,  That  the  lands 
hereby  granted  to  said  State  for  the  purpose  of  contracting  a  railroad 
from  the  northeast  to  the  southwestern  portion  of  said  State,  lying 
northwest  of  Elyton,  shall  be  assigned  to  such  road  as  may  be  desig- 
nated by  the  legislature  of  said  State,  (a) 
(a)  See  Nos.  432,  1414,  1532,  1542,  1594,  1597,  1608,  1610,  1613,  1614,  1616,  1617,  1619,  1620, 

1621,  1623. 

(6)  See  Nos.  433,  730,  1266,  1279,  1281,  1293,  1301,  1323,  1422,  1428,  1429,  1436,  1441,  1448, 
1450,  1470,  1516,  1545,  1598,  1602,  1618. 

Aue  11  1856     No.  1610.—  AN  ACT  granting  public  lands  in  alternate  sections  to  the  State  of  Mis- 
VoL  11,  p.  30.          sissippi  to  aid  in  the  construction  of  railroads  in  said  State,  and  for  other  purposes. 

[Grant  of  lands  to  Alabama  for  a  railroad  from  Mobile  to  New  Or- 
leans.   See  MISSISSIPPI,  No.  1414.] 


Aug.  11, 
VoLii, 


.  11,  1856.  No.  1611.—  AN  ACT  for  the  relief  of  Robert  Mitchell 

ii,  p.  460.        Be  it  enacted,  $c.,  That  Robert  Mitchell  be,  and  he  is  hereby,  author- 
Bobert  Mitch-  ized  to  enter  lots  B,  C,  and  D,  of  fractional  section  nineteen,  in  town- 
ell  authorized  to  ship  sixteen,  of  range  twenty-one  east,  ,  in  the  district  of  lands  subject  to 
enter  certain  gaie  at  Montgomery,  Alabama,  upon  his  producing  proof,  satisfactory  to 
nw  on^proof  of  *ke  land  officers  for  said  district,  and  subject  to  the  approval  of  the 
occupancy,   &c.,  Commissioner  of  the  General  Land  Office,  of  the  occupancy  and  improve- 
and   paying  the  nient  of  said  lands,  and  paying  therefor  the  minimum  price  of  one  dollar 
usual  pnce.          anfl  twenty-  five  cents  per  acre  ;  and,  upon  such  proof  and  payment  being 
ie*  made,  a  certificate  and  patent  shall  issue  for  said  lots  as  in  other  cases  of 
sales  of  public  lands. 

Aug.  23,  1856.  No.  1  612.-AN  ACT  for  the  relief  of  James  M.  Lindsay. 

VoLii.p.483.        Be  u  enacted,  fc.,  That  the  claim  of  James  M.  Lindsay,  of  the  State 

Land  claim  of  °^  Alabama,  to  fractional  section  twenty-one,  township  six,  range  five, 

James  M.  Lind-  west  of  the  Alabama  River,  except  the  south  half  of  the  southeast  quar- 

say,  confirmed,     ter  and  the  south  half  of  the  southwest  quarter  of  said  section  be  and 

the  same  is  hereby  confirmed—  the  land  herein  described  being  the  part 

of  a  reservation  made  to  Samuel  and  David  Hale,  Creek  Indians,  by  the 

treaty  of  the  ninth  of  August,  eighteen  hundred  and  fourteen,  between 

.        the  United  States  and  the  hostile  Creeks  :  Provided,  That  this  act  shall 

saved  ree  ng      be  construed  to  vest  in  the  said  Lindsay  only  the  reversionary  interest 

of  the  United  States,  and  not  to  prejudice  the  rights  of  bona-fide  claim- 

ants other  than  the  United  States. 


March  3,  1857.    No.  1613.— AX  ACT  making  a  grant  of  land  to  the  Territory  of  Minnesota,     *    *    * 
VoL  11,  p.  195.       and  granting  public  lands  in  alternate  sections  to  the  State  of  Alabama,  to  aid  in  the 
construction  of  a  certain  railroad  in  said  State. 


Grant  to  Ala-     SEC.  7.  And  be  it  further  enacted,  That  there  be  and  is  hereby  granted 

am    to  aid  in  to  the  State  of  Alabama,  for  the  purpose  of  aiding  in  the  construction  of 

certain  roads       a  railroad  "  from  the  line  of  Georgia  on  the  Chattahoochee  River,  to  the 

city  of  Mobile,  Alabama,"  "  through  the  counties  of  Hemr,  Dale,  Coffee, 

Covington,  Conecuh,  Baldwin  and  Mobile,"  an  da  branch  railroad  "from 


ALABAMA. 


651 


Enfaula  to  Montgomery,"  "through  the  counties  of  Barbour,  Pike, 
Macon  and  Montgomery,"  chartered  by  the  State  of  Alabama  by  an  act 
entitled  "  An  act  to  authorize  the  Savannah  and  Albany  Railroad  Com- 
pany to  extend  their  railroad  from  the  line  of  Georgia,  on  the  Chatta- 
hoocee  River,  to  the  city  of  Mobile,  Alabama,  and  to  extend  a  branch 
road  from  Eufaula  to  Montgomery,"  approved  December  twentieth, 
eighteen  hundred  and  fifty-three,  alternate  sections  of  the  public  lands 
to  the  same  extent  and  in  the  same  manner,  and  upon  the  same  limita- 
tions and  restrictions  in  every  respect,  as  was  granted  to  aid  in  the  con- 
struction of  other  railroads  under  an  act  of  Congress  entitled  "An 
act  granting  public  lands  in  alternate  sections  to  the  State  of  Alabama 
to  aid  in  the  construction  of  certain  roailroads  in  said  State,"  approved 
June  three,  eighteen  hundred  and  fifty-six,  (a) 

(a)  See  Nos.  432,  1414,  1532,  1542,  1594/1597,  1608,  1609,  1610,  1614,  1616,  1617,  1619,  1620, 
1621,  1623. 


No.  1614.— AN  ACT  to  amend  "  An  act  granting  public  lands  in  alternate  sections 
to  the  State  of  Alabama  to  aid  in  the  construction  of  certain  railroads  in  said 
State." 

Be  it  enacted,  $c.,  That  the  sixth  section  of  an  act,  granting  public 
lands  in  alternate  sections  to  the  State  of  Alabama,  to  aid  in  the  con- 
struction of  certain  railroads  in  said  State,  approved  second  day  of  June, 
eighteen  hundred  and  fifty  six,  be  and  the  same  is  hereby  so  amended, 
that  in  lieu  of  the  words  "  Central  Railroad  from  Montgomery  to  some 
point  on  the  Alabama  and  Tennessee  State  line  in  the  direction  to  Nash- 
ville, Tennessee,"  the  words  "Tennessee  and  Alabama  Central  Railroad  " 
be  and  they  are  hereby  substituted,  (a) 

(a)  See  Nos.  432, 1414, 1532, 1542, 1594, 1597, 1608, 1609, 1610,  1613,  1616,  1617,  1619,  1620, 
1621, 1623. 


March  3,  1857. 
Vol.  11,  p.  200. 


A  different 


No.  161  5.—  AN  ACT  for  the  relief  of  Laurent  Millaudon.  June  1,  1858. 

Be  it  enacted,  <fc.,That  Laurent  Millaudon  be,  and  he  is  hereby,  con-     Yol>  11>  p'  537' 
firmed  in  his  title  to  two  certain  tracts  of  land  lying  on  the  east  side  of     Laurent     Mil- 
Mobile  Bay,  in  the  State  of  Alabama,  being  the  two  tracts  of  land  laudon  to  be  con- 
known  as  the  De  Feriet  claims,  as  surveyed  in  the  year  eighteen  hun-  tw^tricts^nand 
dred  and  thirty,  and  approved  of  by  the  surveyor-general  in  the  year  in  Alabama. 
eighteen  hundred  and  thirty-five,  with  the  exception  of  so  much  off  of 
the  north  end  thereof  as  has  heretofore  been  surveyed  and  confirmed 
to  William  Patterson,  and  included  within  what  is  known  as  the  Pat- 
terson claim,  as  now   located  :  Provided,  That  this  act  shall  only  be 
construed  as  a  relinquishment  of  any  title  that  the  United  States  may 
have  to  said  lands  :  And  provided  further,  That  this  confirmation  shall 
enure  to  the  benefit  of  any  other  persons,  if  sueh  there  be,  as  may  be 
entitled  to  any  part  of  said  De  Feriet  claims,  under  conveyances  from 
him. 


Proviso. 


No.  1616.— AN  ACT  for  the  relief  of  the  Mobile  and  Ohio  Railroad  Company.         Feb.  18, 1859. 

Be  it  enacted,  fa.,  That  whereas  the  State  of  Mississippi,  by  its  act  — - 
approved  on  the  twenty-eighth  of  January,  eighteen  hundred  and  fifty-     Preamble, 
two,  and  the  State  of  Alabama,  by  its  act  approved  on  the  first  of 
December,  eighteen  hundred  and  fifty-one,  did  transfer  to  the  Mobile 
and  Ohio  Railroad  Company  the  lands  which  were  granted  to  said 
States  under  the  provisions  of  the  act  of  Congress  approved  the  twen- 
tieth September,  eighteen  hundred  and  fifty,  to  aid  in  the  construction 
of  a  railroad  from  Mobile  to  the  mouth  of  the  Ohio  River,  the  said 
transfers  of  said  lands  so  made  by  said  States,  respectively,  to  said  tbeslStesof  A£ 
company,  are  hereby  recognized,  ratified,  and  confirmed,  and  the  title  bama  and  Missis- 
to  all  bona-fide  purchasers  of  said  company  are  also  hereby  confirmed;  sippi  confirmed, 
and  that  the  time  limited  by  said  original  act  of  Congress  lor  the  com-     Time  for  com. 
pletion  of  said  railroad  is  hereby  extended,  and  the  said  company  is  pleting  the  road 
allowed  further  time  till  the  twentieth  of  September,  in  the  year  eight-  extended  to  Sept. 
een  hundred  and  sixty-five,  to  complete  the  same,  anything  in  said  act20'  1865> 
to  the  contrary  notwithstanding:  Provided,  nevertheless,  That  the  said     provi80< 
Mobile  and  Ohio  Railroad  Company  be  subjected  to,  and  shall  comply 
with  all  the  conditions,  restrictions,  and  limitations  contained  in  the 


652 


ALABAMA. 


act  of  Congress  above  referred  to,  approved  the  twentieth  September, 
p      'so  eighteen  hundred  and  fifty ;  And  provided,  That  nothing  herein  contained 

shall  be  construed  so  as  to  release  the  States  of  Mississippi  or  Alabama 
from  any  liability  imposed  upon  them  by  the  said  act  of  September 
twentieth,  eighteen  hundred  and  fifty,  (a) 

(a)  See  Nos.  432, 1414, 1532, 1542, 1594, 1597, 1608,  1609, 1610,  1613, 1614,  1617, 1619, 1620, 
1621, 1623. 


April  10  1869.       No.  1617.— AN  ACT  to  renew  certain  grants  of  land  to  the  State  of  Alabama. 
Vol.  16,  p.  45.         Be  it  enacted,  #c.,  That  so  much  of  the  grant  of  lands  made  to  the 
r      tofnublic  State  of  Alabama  by  the  act  of  Congress  approved  June  three,  eighteen 
lands  to  llaba-  hundred  and  fifty-six,  entitled  "An  act  granting  public  lands  in  alter- 
ma  for  railroads  nate  sections  to  the  State  of  Alabama,  to  aid  in  the  construction  of 
renew e d ,  sub-  certain  railroads  in  said  State,"  as  were  granted  to  assist  in  the  building 
ject,  &c.  Q^  railroads  "from  near  Gadsden  to  some  point  on  the  Alabama  and 

Mississippi  State  line,  in  a  direction  to  the  Mobile  and  Ohio  Railroad, 
with  a  view  to  connect  with  the  said  Mobile  and  Ohio  Railroad,"  and 
"  from  Gadsden  to  connect  with  the  Georgia  and  Tennessee  and  Tennes- 
see line  of  railroads  through  Chattooga,  Wills,  and  Lookout  Valleys," 
is  hereby  revived  and  renewed,  subject  to  all  the  conditions  and  restric- 
tions contained  in  the  act  referred  to,  and  subject  to  the  further  limita- 
If  roads  are  not  tion  that  if  either  of  the  said  railroads  is  not  completed  within  three 
completed  in  years  from  the  passage  of  this  act  no  further  sale  shall  be  made  for  the 
three  yea  rs.no  benefi t  of  such  railroad,  and  the  lands  unsold  shall  revert  to  the  United 
land   therefor.  States:  Provided,  That  the  lands  granted  by  the  act  hereby  revived, 
and  lands  unsold  except  mineral  lands,  shall  be  sold  to  actual  settlers  only  in  quantities 
to  revert.  not  greater  than  one  quarter-section  to  any  one  purchaser,  and  for  a 

Lands  how  and  price  not  exceeding  two  dollars  and  fifty  cents  per  acre, 
soli  SEC.  2.  And  be  it  further  enacted,  That  the  right,  power,  and  author- 

Materials  for  ity  is  hereby  given  to  the  companies  building  the  aforesaid  railroads  to 
constructing  take  from  the  public  lands  adjacent  to  the  lines  of  said  railroads  earth, 
tak*nfromya^e8*one'  an(^  °^ner  materials  for  the  construction  thereof ;  and  the  right 
jacent  lands.  of  way  is  hereby  granted  to  the  extent  of  one  hundred  feet  in  width  on 


(a)  See  Nos.  432, 1414, 1532, 1542, 1594, 1597, 1608,  1609, 1610, 1613, 1614, 1616, 1619, 1620, 
1621,  1623. 


July  1,  1870. 
VoL  16,  p.  182. 


No.  1618.— AN  ACT  to  confirm  entries  of  public  land  in  certain  cases  in  the  State 

of  Alabama. 


Certain  entries  ^e  **  enacted,  $~c.,  That  in  cases  where  entries  were  made  in  the  State 
of  public  lands  in  of  Alabama  under  the  act  of  Congress  approved  the  fourth  of  August, 
Alabama  con-  eighteen  hundred  and  fifty-four,  entitled  "An  act  to  graduate  and  reduce 
the  price  of  the  public  lands  to  actual  settlers  and  cultivators,"  and  the 
parties  in  good  faith  went  upon  the  land  embraced  in  their  entries,  and 
became  actual  settlers  and  cultivators  thereof,  according  to  the  require- 
ments of  the  law,  but  were  afterward  forced  to  abandon  their  homes 
on  the  land,  in  consequence  of  the  disturbed  condition  of  the  country 
during  the  late  war,  their  entries  shall  be  confirmed  and  patented  to 
them,  their  heirs  or  assigns,  respectively,  notwithstanding  such  aban- 
donment, on  satisfactory  proof  of  the  facts  being  produced  to  the  Com- 
missioner of  the  General  Land  Office,  within  twelve  months  from  the 
approval  of  this  act :  Provided,  That  nothing  in  this  act  shall  be  so 
construed  as  to  confirm  any  entries  which  have  heretofore  been  annulled 
and  vacated  by  said  Commissioner,  on  account  of  fraud,  evasion  of  law, 
or  other  special  cause:  And  provided  further,  That  this  act  shall  not 
affect  the  rights  of  subsequent  purchasers  in  good  faith,  (a) 

(a)  See  Nos.  433,  730, 1266, 1279,  1281,1293,1301,  1323,1422,  1428,  1429,1436,1441,1448, 
1450, 1470, 1516, 1545, 1598, 1602, 1609. 


Provisos. 


March  3,  1871.       No.  J  619.— AN  ACT  to  renew  certain  grants  of  land  to  the  State  of  Alabama. 
vol.  16,  p.  580.        Be  it  waded,   fc.,  That  the  grant  of  lands  made  to  the  State  of  Ala- 
Former  1  a  n  d  bama  by  the  act  of  Congress  approved  June  three,  eighteen  hundred 
ES2    f°     A1-?~  a-nd  fif ty'8ix>  entitled  "  An  act  granting  public  lands,  in  alternate  sec- 
roads  renewed     tlo.D8» to  *ne  State  of  Alabama,  to  aid  in  the  construction  of  certain 
railroads  in  said  State,"  to  assist  in  the  building  of  a  railroad  from  the 
city  of  Montgomery,  Alabama,  to  some  point  on  the  Alabama  and  Ten- 


ALABAMA.  653- 

nessee  State  line,  in  the  direction  of  Nashville,  is  hereby  revived  and 
renewed  for  the  use  and  benefit  of  the  South  and  North  Alabama  Rail- 
road Company,  subject  to  all  the  conditions  and  restrictions  contained     If  road  «  not 
in  the  act  referred  to,  and  subject  to  the  further  limitation,  that  if  the  three  years 
said  railroad  is  not  completed  within  three  years  from  the  passage  of  lands  unsold  to 
this  act  no  further  sale  shall  be  made  for  the  benefit  of  said  road,  and  revert. 
the  lands  unsold  shall  revert  to  the  United  States :  Provided,  That  the    Proviso, 
lands  granted  by  the  act  hereby  revived,  except  mineral  lands,  shall  be 
sold  to  actual  settlers  only,  in  quantities  not  greater  than  one  quarter- 
section  to  any  one  purchaser,  and  for  a  price  not  exceeding  two  dollars 
and  fifty  cents  per  acre. 

SEC.  2.  That  the  right,  power,  and  authority  is  hereby  given  to  the  com-     Right  granted 
pany  building  the  aforesaid  railroad  to  take  from  the  public  lands,  ad-  to  take  materials 
jacent  to  the  lines  of  said  railroad,  earth,  stone,  and  other  materials  for  *£ oni  laa^Jacei 
the  construction  thereof ;  and  the  right  of  way  is  hereby  granted  to    Eight  of  way, 
the  extent  of  one  hundred  feet  in  width  on  each  side  of  said  railroad  with  grounds  for 
where  it  may  pass  over  the  public  lands,  including  all  necessary  grounds  stations, 
for  stations  and  structures  connected  therewith,  not  exceeding  forty 
acres  at  any  one  station,  (a) 

(a)  See  Nos.  432,  1414,  1532,  1542,  1594,  1597,  1608,  1609,  1610,  1613,  1614,  1616,  1617, 
1620,  1621,  1623. 


No.  1620.— AN  ACT  relating  to  certain  lands  in  the  State  of  Alabama.  May  23, 1872. 

Be  it  enacted,  <fc.,  That  all  the  lands  heretofore  certified  to  the  State 


of  Alabama  by  the  Commissioner  of  the  General  Land  Office  for  the     Certain    lands 
benefit  of  the  railroad  from  Selma  to  Gadsden,  then  known  as  the  Ala-  gtateS  Alabama 
bama  and  Tennessee  River  Railroad, 'under  act  of  Congress,  entitled  for  the  use  of  the 
"  An  act  granting  public  lands  in  alternate  sections  to  the  State  of  Ala-  Selma,  &c.,  Rail- 
bama  to  aid  in  the  construction  of  certain  railroads,"  approved  June  road  Company, 
third,  eighteen  hundred  and  fifty- six,  be,  and  the  same  are  hereby,  con- 
firmed to  the  said  State  of  Alabama  for  the  sole  use  and  benefit  of  the 
Selma,  Rome,  and  Dalton  Railroad  Company,  the  successors  of  the  said 
Alabama  and  Tennessee  Railroad  Company. 

SEC.  2.  That  the  right  of  way  and  use  of  a  strip  of  land  one  hundred    Eight  of  way 
feet  in  width  from  the  centre  and  on  each  side  of  the  said  railroad,  as  the  to  8aid  JJ?*0^ 
same  is  now  located  and  constructed,  upon  and  over  any  lands  of  the  in'Alabania 
United  States  in  the  State  of  Alabama,  be,  and  the  same  is  hereby, 
granted  to  the  said  Selma,  Rome,  and  Dalton  Railroad  Company,  (a) 

(a)  See  Nos.  432, 1414,  1532,  1542,  1594,  1597, 1608,  1609,  1610, 1613, 1614,  1616, 1617, 1619, 
1621,  1623. 

No.  1 621  .—AN  ACT  granting  the  right  of  way  through  the  public  lands  to  the      June  8, 1872. 
Pensacola  and  Louisville  Railroad  Company  of  Alabama.  "Vol.  17,  p.  340 


Be  it  enacted,  #c.}  That  the  right  of  way  through  the  public  lands  be,     Right  of  way 
and  the  same  is  hereby,  granted  to  the  Pensacola  and  Louisville  Rail-  through    public 
road  Company  of  Alabama,  for  the  construction  of  a  railroad.    And  the  J^riSs  t0^nl 
right  is  hereby  granted  to  said  corporation  to  take,  from  the  public  e(j  to  the  Pensa- 
lands  adjacent  to  the  line  of  said  road,  material  for  the  construction  of  cola  and  Louis- 
said  road.     Said  way  is  granted  to  said  company  to  the  extent  of  one  villo  Railroad 
hundred  feet  on  each  side  of  said  road  where  it  may  pass  through  the  £°™J any 
public  lands;  also  the  necessary  lands  for  stations,  buildings,  depots,    Extent  of  grant, 
workshops,  machine-shops,  side-tracks,  switches,  turn-tables,  and  water-     Acceptance  of 
stations,  not  to  exceed  forty  acres  in  any  place.     The  acceptance  of  the  this    act   to   be 
provisions  of  this  act  by  the  said  company,  and  a  map  of  the  location ?f    R  0  a  <i  1 0  i,  e 
the  road,  and  the  lands  to  be  reserved  for  buildings  and  uses  of  said  completed  with- 
road,  shall  be  filed  with  the  Secretary  of  the  Interior,  within  one  year  in,  &c.,  and  to  be 
from  the  passage  of  this  act ;  and  the  road  shall  be  finished  within  five  a  PJ8t  road,  &c. 
years  from  the  passage  of  this  act.    Said  road  shall  be  a  post  and  mili-  taiu  JJuJJJJg  con~ 
tary  road,  and  shall  have  the  power  of  making  running  connections  for  nections. 
the  transportation  of  mails,  military  and  naval  supplies,  passengers, 
and  freights  of  all  kinds,  and  the  running  of  freight  cars,  without  the 
breaking  of  bulk,  whenever  the  interests  of  the  public  and  of  commerce 
between  the  States  will  be  advanced  thereby,  with  any  other  road 
which  has  heretofore  received,  or  may  hereafter  receive,  aid  from  the 
United  States  for  the  construction  thereof,  on  fair  and  equitable  terms, 
and  pro  rata  between  the  roads,  in  proportion  to  the  length  of  the  sev-     Rates  therefor, 
eral  roads ;  and  in  the  event  of  a  disagreement  between  the  said  road 


654  ALABAMA. 

and  any  other  road  having  so  received,  aid  from  the  United  States  for 

the  construction  thereof,  and  connecting  with  the  said  Pensacola  and 

Louisville/Railroad,  then  the  Secretary  of  the  Interior  shall  establish 

snch  rates  for  the  transportation  of  mails,  freights,  and  passengers,  and 

running  connections  as  are  herein  provided  for,  and  also  establish  such 

be  al  regulations  as  may  be  requisite  for  the  enforcement  of  the  provisions  of 

tared       y          this  act.    Congress  shall,  in  its  discretion,  have  the  power  to  alter, 

Pre-emption,  amend,  or  repeal  this  act.     Nothing  in  this  act  shall  be  so  construed 

&c.,   claims  not  as  to  invalidate  the  claim  of  any  actual  pre-emption  or  homestead 

affected-  settlers,  (a) 

(a)  See  Xos.  432,  1414,  1532,  1542,  1594,   1597,  1608,  1609,  1610,  1613,  1614,  1616,  1617, 
1619,  1620,  1623. 

June  23,  1874.  No.  1622.—  AX  ACT  for  the  relief  of  Joab  Bagley. 

Whereas,  it  is  alleged  that  on  the  thirtieth  day  of  September,  eighteen 

Preamble.  hundred  and  fifty-eight,  under  and  by  virtue  of  an  act  of  Congress 
approved  March  third,  eighteen  hundred  and  fifty-five,  land  warrant 
numbered  ninety-five  thousand  one  hundred  and  sixteen,  for  one  hun- 
dred and  twenty  acres  of  land,  was  issued  to  one  James  McAdory,  and 
by  him  afterward  duly  sold  and  assigned  to  Joab  Bagley,  a  citizen  of 
Jefferson  County,  in  the  State  of  Alabama,  who,  on  the  twenty-first  day 
of  September,  eighteen  hundred  and  sixty-two,  located  the  said  land 
warrant  in  the  purchase  of  the  southwest  quarter  of  the  southwest 
quarter  and  the  south  half  of  the  northeast  quarter  of  section  six,  town- 
ship eighteen,  range  two  west,  in  the  Tnscaloosa  land  district,  in  the 
State  of  Alabama;  which  said  location  of  said  land  warrant  is  alleged 
to  have  been  made  in  good  faith,  but  under  a  law  (or  pretended  law) 
of  the  State  of  Alabama  authorizing  the  location  of  land  warrants  in 
said  State,  and  whereas,  it  is  alleged  that  said  land  warrant  has  been 
lost  or  destroyed,  and  that  the  same  has  not  been  returned  to  or  filed  in 
the  office  of  the  Commissioner  of  the  General  Land  Office,  but  that  no- 
tice of  the  loss  thereof  has  been  given  to  the  said  Commissioner  of  the 
General  Land  Office  :  Therefore, 

To  confirm  title  Be  it  enacted,  $c.,  That  upon  the  payment  by  said  Joab  Bagley,  of  the 
land  of  Joab  minimum  price  to  the  proper  officer  of  the  Government  of  the  United 
States  for  said  land,  to  wit,  the  southwest  quarter  of  the  southwest 
quarter  and  the  south  half  of  the  northeast  quarter  of  section  six, 
township  eighteen,  range  two  west,  in  the  Tuscaloosa  land  district,  in  the 
State  of  Alabama,  as  by  law  required,  estimating  the  said  land  warrant 
at  its  value,  to  wit,  one  dollar  and  twenty-five  cents  per  acre,  the  bal- 
ance to  be  paid  in  cash,  the  title  of  the  said  real  estate  be,  and  the  same 
is  hereby,  confirmed  in  the  said  Joab  Bagley,  his  heirs  and  assigns  ;  and 
the  Commissioner  of  the  General  Land  Office  is  hereby  authorized  and 
required  to  issue  letters-patent  conveying  the  title  to  said  lands  to  the 
said  Joab  Bagley. 

Prior  valid     SEC.  2.  That  this  act  shall  not  impair,  make  void,  or  in  any  way  in- 
f  •  terfere  with  any  prior  valid  claim  to  the  said  real  estate  in  tho  preced- 
ing section  described. 


vS*™*  1SS'   N°*  i623-—^  ACT  granting  the  right  of  way  through  the  public  lands  to  con- 
YoLl8,p.5Q9.  8truct  and  Maintain  a  railroad. 


[Right  of  way  granted  to  Jacksonville,  Pensacola,  and  Mobile  Rail- 
road.   See  FLORIDA,  No.  1712.] 


FLORIDA. 


No.  1624.— AN  ACT  supplementary  to  the  act  intituled  '  'An  act  regulating  the  grants     March  27, 1804. 

of  land,  and  providing  for  the  disposal  of  the  lands  of  the  United  States,  south  of     y0l.  2,  p.  303. 

the  State  of  Tennessee." 

[Transcripts  of  the  British  records  of  West  Florida  to  be  evidence 
in  certain  cases.    See  MISSISSIPPI,  No.  1268.] 


No.  1625.—  RESOLUTION  AND  ACTS  relative  to  the  occupation  of  the  Floridas     Jan.  15,  1811. 
by  the  United  States  of  America.  Vol.  3,  p.  471. 

Taking  into  view  the  peculiar  situation  of  Spain,  and  of  her  American  The  United 
provinces  ;  and  considering  the  influence  which  the  destiny  of  the  ter-  states  cannot, 
ritory  adjoining  the  southern  border  of  the  United  States  may  have  without  inquie- 
upon  their  security,  tranquillity,  and  commerce:  Therefore,  rT^d  SG6  ^t6 

Resolved,  $-c.,  That  the  United  States,  under  the  peculiar  circumstances  th^hanols8^1  a 
of  the  existing  crisis,  cannot,  without  serious  inquietude,  see  any  part  of  foreign     power, 
the  said  territory  pass  into  the  hands  of  any  foreign  power  ;  and  that  a  &c. 
due  regard  to  their  own  safety  compels  them  to  provide,  under  certain 
contingencies,  for  the  temporary  occupation  of  the  said  territory  ;  they, 
at  the  same  time,  declare  that  the  said  territory  shall,  in  their  hands, 
remain  subject  to  future  negotiation,  (a) 

AN  ACT  to  enable  the  President  of  the  United  States,  under  certain  contingencies,  Jan.  15,  1811. 
to  take  possession  of  the  country  lying  east  of  the  river  Perdido,  and  south  of  the  Vol.  3,  p.  471. 
State  of  Georgia  and  the  Mississippi  Territory,  and  for  other  purposes. 

Be  it  enacted,  $c.,  That  the  President  of  the  United  States  be,  and  he  is  In  case  of  an 
hereby,  authorized,  to  take  possession  of,  and  occupy,  all  or  any  part  of  arrang  ement 
the  territory  lying  east  of  the  river  Perdido,  and  south  of  the  State  of  ^J^  0J.ocan 
Georgia  and  the  Mississippi  Territory,  in  case  an  arrangement  has  been,  attempt  by  any 
or  shall  be,  made  with  the  local  authority  of  the  said  territory,  for  de-  foreign  govern- 
livering  up  the  possession  of  the  same,  or  any  part  thereof,  to  the  United  pent  to  occupy 
States,  or  in  the  event  of  an  attempt  to  occupy  the  said  territory,  or  any  au  t  h  o  rTzedto 
part  thereof,  by  any  foreign  government  ;  and  he  may,  for  the  purpose  of  take  possession 
taking  possession,  and  occupying  the  territory  aforesaid,  and  in  order  to  of  the  territory 
maintain  therein  the  authority  of  the  United  States,  employ  any  part  of  ®?st  of  the  Per- 
the  Army  and  Navy  of  the  United  States  which  he  may  deem  necessary.  d  0>  &c> 


appro- 
defrav 


SEC.  2.  And  be  it  further  enacted,  That  one  hundred  thousand  dollars    $100,000 
be  appropriated  for  defraying  such  expenses  as  the  President  may  deem  priated  to  de 
necessary  for  obtaining  possession  as  aforesaid,  and  the  security  of  the  takinXpe 
said  territory,  to  be  applied  under  the  direction  of  the  President,  out  of  8ion)  &c. 
any  moneys  in  the  Treasury  not  otherwise  appropriated. 

SEC.  3.  And  be  it  further  enacted,  That  in  case  possession  of  the  terri-     In  case  of  tak- 
tory  aforesaid  shall  be  obtained  by  the  United  States,  as  aforesaid,  that  ™g     possession 
until  other  provision  be  made  by  Congress,  the  President  be,  and  he  is  may  estabUsha 
hereby  authorized  to  establish,  within  the  territory  aforesaid,  a  tern-  temporary    gov- 
porary  government,  and  the  military,  civil,  and  judicial,  powers  thereof  ernment. 
shall  be  vested  in  such  person  and  persons,  and  be  exercised  in  such 
manner  as  he  may  direct,  for  the  protection  and  maintenance  of  the  in- 
habitants of  the  said  territory  in  the  full  enjoyment  of  their  liberty,  prop- 
erty, and  religion,  (a) 

(a)  See  Nos.  1499,  1626,  1627,  1628,  1637,  1646,  1673,  1674. 


No.  1626.— AN  ACT  to  authorize  the  President  of  the  United  States  to  take  pos-     March  3,  1819. 
session  of  East  and  West  Florida,  and  establish  a  temporary  government  therein.         Vol.  3,  p.  523. 

Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he  The  President 
is  hereby,  authorized  to  take  possession  of,  and  occupy,  the  Territoiies authorized  to 
of  East  and  West  Florida,  and  the  appendages  and  appurtenances  there-  take  possession 
of;  and  to  remove  and  transport  the  officers  and  soldiers  of  the  king  of  East  and  West 
of  Spain,  being  there,  to  the  Havana,  agreeably  to  the  stipulations  of 
a  treaty  between  the  United  States  and  Spain,  executed  at  Washington, 

655 


656  FLORIDA. 

on  the  twenty-second  day  of  February,  in  the  year  one  thousand  eight 
hundred  and  nineteen,  providing  for  the  cession  of  said  Territories  to 
the  United  States ;  and  he  may,  for  these  purposes,  and  in  order  to  main- 
He  may  employ  lain  in  said  Territories  the  authority  of  the  United  States,  employ  any 
the  army,  navy,  part  of  the  Army  and  Navy  of  the  United  States,  and  the  militia  of  any 
and  militia.          state  or  Territory  which  he  may  deem  necessary. 

The  President  SEC.  2.  And  be  it  further  enacted,  That,  until  the  end  of  the  first  ses- 
to  appoiut  offi-  8ion  of  the  next  Congress,  unless  provision  for  the  temporary  govern- 
cers,  and  pre-  ment  of  Ba[&  Territories  be  sooner  made  by  Congress,  all  the  military, 
Sr^^S-SS:  civil,  and  judicial,  powers,  exercised  by  the  officers  of  the  existing  gov- 
ment  of  tf e  TCT-  eminent  of  the  same  Territories,  shall  be  vested  in  such  person  and  per- 
ritories.  8Ons,  and  shall  be  exercised  in  such  manner,  as  the  President  of  the 

United  States  shall  direct,  for  the  maintaining  the  inhabitants  of  said 
Revenue  laws,  Territories  in  the  free  enjoyment  of  their  liberty,  property,  and  religion ; 
and  laws  con-  and  the  laws  of  the  United  States,  relative  to  the  collection  of  revenue, 
cerningthe  slave  and  the  importation  of  persons  of  colour,  shall  be  extended  to  the  said 
J?  the6 T^rriS- Territories;  and  the  President  of  the  United  States  shall  be,  and  he  is 
ries.  hereby,  authorized,  within  the  term  aforesaid,  to  establish  such  districts, 

President  toes- for  the  collection  of  the  revenue,  and,  during  the  recess  of  Congress,  to 
tablish  districts  appOjnt  8ach  officers,  whose  commissions  shall  expire  at  the  end  of  the 
c^rtao?°the  cut  next  session  of  Congress,  to  enforce  the  said  laws,  as  to  him  shall  seem 
toms.  expedient. 

Appropriation.  SEC.  3.  And  be  it  further  enacted,  That  the  sum  of  twenty  thousand 
dollars  is  hereby  appropriated  for  the  purpose  of  carrying  this  act  into 
effect,  to  be  paid  out  of  any  moneys  in  the  Treasury  not  otherwise  ap- 
propriated, and  to  be  applied  under  the  direction  of  the  President  of 
the  United  States. 

When  this  act  SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  take  effect,  and 
shall  take  effect.  jje  |n  force>  whenever  the  aforesaid  treaty,  providing  for  the  cession  of 
said  Territories  to  the  United  States,  shall  have  been  ratified  by  the 
king  of  Spain,  and  the  ratifications  exchanged,  and  the  king  of  Spain 
shall  be  ready  to  surrender  said  Territory  to  the  United  States,  accord- 
ing to  the  provisions  of  said  treaty,  (a) 

(a)  See  Nos.  1499, 1625, 1627, 1628, 1637, 1646. 1673, 1674. 


March  3,  1821.  No.  1627.— AX  ACT  for  carrying  into  execution  the  treaty  between  the  United 
Vol.  3,  p.  637.  States  and  Spain,  concluded  at  Washington  on  the  twenty-second  day  of  February, 
one  thousand  eight  hundred  and  nineteen . 


thorized  to  take     Be  it  enacted,  <$-c.,  That  the  President  of  the  United  States  be,  and  he 

possession  of  i8  hereby,  authorized  to  take  possession  of,  and  occupy,  the  Territories 

Florida"1  West  of  East  and  West  Florida,  and  the  appendages  and  appurtenances  there- 

An  d   remove  of  j  and  to  remove  and  transport  the  officers  and  soldiers  of  the  King  of 

Spanish    troops,  Spain,  being  there,  to  the  Havanna,  agreeably  to  the  stipulations  of  the 

according  to  treaty  between  the  United  States  and  Spain,  concluded  at  Washington,. 

on  the  twenty-second  day  of  February,  in  the  year  one  thousand  eight 

hundred  and  nineteen,  providing  for  the  cession  of  said  Territories  to 

the  United  States  ;  and  he   may,  for  these  purposes,  and  in  order  to 

May  employ  maintain  in  said  Territories  the  authority  of  the  U  nited  States,  employ 

the  army,  navy,  any  part  of  the  Army  and  Navy  of  the  United  States,  and  the  militia 

and  militia.         of  any  gtate  or  Territory,  which  he  may  deem  necessary. 

Organization  of     SEC.  2.  And  be  it  further  enacted,  That,  until  the  end  of  the  first  ses- 

government,  a  s  siOn  of  the  next  Congress,  unless  provision  for  the  temporary  govern- 

mavd££t     Qtment  of  said  Territories  be  sooner  made  by  Congress,  all  the  military, 

civil,  and  judicial,  powers  exercised  by  the  officers  of  the  existing  gov- 

ernment of  the  same  Territories,  shall  be  vested  in  such  person  and  per- 

sons, and  shall  be  exercised  in  such  manner,  as  the  President  of    the 

United  [States]  shall  direct,  for  the  maintaining  the  inhabitants  of  said 

Revenue  laws,  Territories  in  the  free  enjoyment  of  their  liberty,  property,  and  religion  ; 

and  laws  prohib-  and  the  laws  of  the  United  States  relating  to  the  revenue  and  its  collec- 

iting  the  impor-  tion,  subject  to  the  modification  stipulated  by  the  fifteenth  article  of  the 

'          e! 


of  c'Sor  toe!tein  8aid  *reatv>  i*  favour  of  Spanish  vessels  and  their  cargoes,  and  the  laws 

force.    '  relating  to  the  importation  of  persons  of  colour,  shall  be  extended  to 

President  au-  the  6aid  Territories.    And  the  President  of  the  United  States  shall  be, 

thorized  to  estab-  a?d  ^e  is  hereby,  authorized  within  the  term  aforesaid,  to  establish  such 

lish  collection  districts  for  the  collection  of  the  revenue,  and  during  the  recess  of  Con- 

districte,  and  ap-  gress,  to  appoint  such  officers,  whose  commissions  shall  expire  at  the  end 

er8-       of  the  next  session  of  Congress,  to  enforce  the  said  laws,  as  to  him  shall 

seem  expedient. 


FLORIDA.  657 

SEC  3.  And  be  it  further  enacted,  That  the  President  of  the  United    President  to  ap- 
States  be,  and  he  is  hereby,  authorized  to  appoint,  during  the  recess  of  g^  ^omm18; 
the  Senate,  a  commissioner  land  surveyor,  whose  commissions  shall  ex-  Veyor,  &c. 
pire  at  the  end  of  the  next  session  of  Congress,  to  meet  the  commis- 
sioner and  surveyor  who  may  be  appointed  on  the  part  of  Spain,  for  the    President 
purposes  stipulated  in  the  fourth  article  of  said  treaty;  and  that  the  take  all  other 
President    be,  and  he  is  hereby,  further  authorized  to  take  all  other  measures  neces- 
measures  which  he  shall  judge  proper,  for  carrying  into  effect  the  stip-  sary>  &c. 
ulations  of  the  said  fourth  article. 

SEC.  4.  And  be  it  further  enacted,  That  a  board  of  three  commissioners     Board  of  three 
shall  be  appointed,  conformably  to  the  stipulations  of  the  eleventh  ar-  commissioners, 
tide  of  the  said  treaty  :  and  the  President  of  the  United  States  is  hereby  eSvenSrticl  e 
authorized  to  take  any  measures  which  he  may  deem  expedient  for  or-  Of  the  treaty, 
ganizing  the  said  board  of  commissioners,  and,  for  this  purpose,  may  ap-     President  may 
point  a  secretary  well  versed  in  the  French  and  Spanish  languages,  and  organize  the 
a  clerk  ;  which  appointments,  if  made  during  the  recess  of  the  Senate,     Secretary 
shall,  at  the  next  meeting  of  that  body,  be  subject  to  nomination  for     clerk, 
their  advice  and  consent. 

SEC.  5.  And  be  it  further  enacted,  That  the  compensation  of  the  respec-     Compensation, 
tive  officers,  for  whose  appointment  provision  is  made  by  this  act,  shall 
not  exceed  the  following  sums : 

The  commissioner  to  be  appointed  conformably  to  the  fourth  article,     Of  commission- 
at  the  rate,  by  the  year,  of  three  thousand  dollars.  f  r  u  n  d  e  r  t  h  e 

To  the  surveyor,  two  thousand  dollars.  Of  surveyor 

To  each  of  the  three  commissioners  to  be  appointed  conformably  to     of  the  commis- 
the  eleventh  article  of  the  treaty,  three  thousand  dollars.  sioner  sunder  the 

To  the  secretary  of  the  board,  two  thousand  dollars.  el^|n!h  article- 

To  one  clerk,  one  thousand  five  hundred  dollars.  tary. 

SEC.  6.  And  be  it  further  enacted,  That,  for  carrying  this  act  into  exe-     Clerk, 
cution,  the  sum  of  one  hundred  thousand  dollars  be,  and  hereby  is,  ap-     Appropriation 
propriated,  to  be  taken  from  any  moneys  in  the  Treasury  not  otherwise  °^  $10°.000- 
appropriated,  (a) 

(a)  See  Nos.  1499, 1625, 1626, 1628, 1637, 1646, 1673, 1674. 


No.  1628.— AN  ACT  for  the  establishment  of  a  Territorial  government  in  Florida.   March  30, 1822. 
Be  U  enacted,  #c.,  That  all  that  territory  ceded  by  Spain  to  the  United    Vol.3,  p.  654. 
States,  known  by  the  name  of  East  and  West  Florida,  shall  constitute    East  and  West 
a  Territory  of  the  United  States,  under  the  name  of  the  Territory  of  Florida,  as  ceded 
Florida.  by  Spam,  to  con- 

*  *  *  #  *  #  #  stitute  the  Terri- 

SEC.  5.  And  be  it  further  enacted,  That  *  *  *  the  governor  and  to55£f  governor 
legislative  council  shall  have  no  power  over  the  primary  disposal  and  council  have 
of  the  soil,  nor  to  tax  the  lands  of  the  United  States,  nor  to  interfere  no  power  over, 
with  the  claims  to  lands  within  said  Territory. 

*  *  #  *  *  *  « 

SEC.  9.  And  be  it  further  enacted,  That  the  following  acts,  that  is  to     What  laws  to 
say,    *     *     *     "An  act  to  prevent  settlements  being  made  on  lands be  ^ force  ^ the 
ceded  to  the  United  States  until  authorized  by  law,"  approved  March  Terntory- 
third,  one  thousand  eight  hundred  and  seven  :    *     *     *    and  all  other 
public  laws  of  the  United  States,  which  are  not  repugnant  to  the  pro- 
visions of  this  act,  shall  extend  tOj  and  have  full  force  and  effect  in,  the 
Territory  aforesaid,  (a) 

(a)  See  Nos.  1499, 1625, 1626, 1627, 1637, 1646, 1673, 1674. 

No.  1629.— AN  ACT  for  ascertaining  claims  and  titles  to  land  within  the  Territory     May  8,  1822. 

of  Florida.  Vol.  3,  p.  709. 

Be  it  enacted  #c.,  That  for  the  purpose  of  ascertaining  the  claims  and  The  President, 
titles  to  lands  within  the  Territory  of  Florida,  as  acquired  by  the  treaty  &c.,  to  app  oint 
of  the  twenty-second  of  February,  one  thousand  eight  hundred  and  three  commie- 
nineteen,  there  shall  be  appointed,  by  the  President  of  the  United  States,  SffiSol  aim's 
by  and  with  the  advice  and  consent  of  the  Senate,  three  commissioners,  and  titles  to  lands 
who  shall  receive,  as  compensation  for  the  duties  enjoined  by  the  pro-  in  Florida, 
visions  of  this  act,  two  thousand  dollars  each,  to  be  paid  quarterly,  Their  pay. 
from  the  Treasury ;  who  shall  open  an  office  for  the  adjudication  of  0^Q6 
claims,  at  Pensacola,  in  the  Territory  of  West  Florida,  and  St.  Augus-  coia. 
tine,  in  East  Florida,  under  the  rules,  regulations,  and  conditions,  here- 
inafter prescribed. 

42  L  0-— VOL  TI 


658  FLORIDA. 

To  appoint  sec-     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  said  cora- 

retary.  missioners  to  appoint  a  suitable  and  well  qualified  secretary,  who  shall 

ties  of  the  record>  jn  a  well-bound  book,  all  and  every  their  acts  and  proceedings, 

the  claims  admitted,  with  those  rejected,  and  the  reason  of  their  admis- 

His  compensa-  6jon  or  rejection.    He  shall  receive  as  a  compensation  for  his  services,  one 

thousand  two  hundred  and  fifty  dollars,  to  be  paid  quarterly,  from  the 

Secretary  must  Treasury.    He  shall  be  acquainted  with  the  Spanish  language;  and 

be  acquainted  kefore  entering  on  a  discharge  of  the  duties  of  his  office,  shall  take 

Tui^u^e^Tnd  <™d  subscribe  an  oath,  before  some  authority  competent  to  administer 

take  an  oath.        it,  that  he  will  "  well  and  truly  and  faithfully  discharge  the  duties  assigned 

Mm,  and  translate  all  papers  that  may  be  required  of  him  by  the  commis- 

sioners" 

Commissioners  SEC.  3.  And  be  it  further  enacted,  That  said  commissioners  previously 
to  take  an  oath,  to  entering  on  a  discharge  of  the  duties  assigned  them,  shall,  before 
&.c.  the  judge  of  the  Territorial  court  at  Pensacola,  or  some  other  authority 

in  his  absence,  competent  to  administer  it,  take  an  oath  faithfully  to 
discharge  the  duties  of  their  offices,  and  shall  commence  and  hold  their 
Time   of    the  sessions  on  or  before  the  first  Monday  of  July  next,  at  Pensacola,  and 
sessions  of  com-  on  the  first  Monday  of  January  thereafter,  at  St.  Augustine,  for  the 
ascertainin    and  determining  of  all  claims  to  land  within  said  Terri- 


.  Notice    tp    be  Dories;  notice  of  which  shall  be  given,  by  said  commissioners,  i 
of^'the*  ses^ions^  new8PaPer  printed  at  each  place,  or  if  there  be  no  newspaper, 
' 


in  some 
at  the 

&c.  '  most  public  places  in  said  cities,  respectively,  of  the  time  at  which 

Session  at  St.  their  sessions  will  commence,  requiring  all  persons  to  bring  forward 
i  'June  tneir  Claim8>  witl1  evidence  necessary  to  support  them.    The  session  at 
30,  1623.  St.  Augustine  shall  terminate  on  the  thirtieth  of  June,  one  thousand 

Commissioners  eight  hundred  and  twenty-three,  when  said  commissioners  shall  for- 
to  forward  a  de-  ward  to  the  Secretary  of  the  Treasury,  to  be  submitted  to  Congress,  a 
ceedSU  &cPr°'(letail  of  a11  thev  have  done>  and  deliver  over  to  th.e  surveyor  all  the 


. 
archives,  documents,  and  papers,  that  may  be  in  their  possession. 

SEC.  4.  And  be  it  further  enacted,  That  every  person,  or  the  heirs  or 

claimTngStitle  torePresentative8   of  8Ucn  persons,  claiming  title  to  lands    under  any 

lands  under  any  patent,  grant,  concession,  or  order  of  survey,  dated  previous  to  the 

patent,  &c.,  dat-  twenty-fourth  day  of  January,  one  thousand  eight  hundred  and  eight- 

j^n^aV^s^al*  een'  wn^cn  were  valid  under  the  Spanish  Government,  or  by  the  law  of 

idan<fcc    and  Iiot  nations,  and  which  are  not  rejected  by  the  treaty  ceding  the  Territory 

rejected  by  the  of  East  and  West  Florida  to  the  United  States,  shall  file,  before  the 

treaty  'ceding  the  commissioners,  his,  her,  or  their,  claim,  setting  forth,  particularly,  its 

their  claims  &c  situation  and  boundaries,  if  to  be  ascertained,  with  the  deraignment  of 

Claims  to  be  re^  title,  where  they  are  not  the  grantees,  or  original  claimants;  which 

corded.  shall  be  recorded  by  the  secretary,  and  who,  for  his  services,  shall  be 

Fees.  entitled  to  demand  from  the  claimants  ten  cents  for  each  hundred  words 

contained  in  said  papers  so  recorded  ;  he  shall  be  also  entitled  to  twenty- 

Proviso.  five  cents  for  each  subpoena  issued  :  Provided,  That  if  the  amount  so 

received  shall  exceed  one  thousand  two  hundred  and  fifty  dollars,  which 

is  hereby  declared  the  compensation  for  his  services,  the  excess  shall 

.  be  reported  to  the  commissioners,  and  be  subject  to  their  disposition  ; 

and  said  commissioners  shall  proceed  to  examine  and  determine  on 

the  validity  of  said  patents,  grants,  concessions,  and  orders  of  survey, 

agreeably  to  the  laws  and  ordinances  heretofore  existing  of  the  gov- 

ernments making  the  grants,  respectively,  having  due  regard,  in  all 

Spanish  claims,  to  the  conditions  and  stipulations  contained  in  the 

eighth  article  of  a  treaty  concluded  at  Washington,  between  his  Catho- 

Claims  not  filed  lie  Majesty,  and  the  United  States,  on  the  twenty-second  of  February, 

prior  to  May  31,  one  thousand  eight  hundred  and  nineteen  ;  but  any  claim  not  tiled  pre- 

823,  void.  vious  to  the  31st  day  of  May,  one  thousand  eight  hundred  and  twenty- 

Proviso.  three,  shall  be  deemed  and  held  to  be  void  and  of  none  effect  ;  Provided, 

nevertheless,  and  be  it  further  enacted,  That  in  all  claims  submitted  to  the 

decision  of  the  commissioners,  where  the  same  land,  or  any  part  thereof, 

is  claimed  by  titles  emanating  botli  from  the  British  and"  Spanish  Gov- 

ernments, the  commissioners  shall  not  decide  the  same,  but  shall  report 

all  such  cases,  with  an  abstract  of  the  evidence,  to  the  Secretary  of  the 

Treasury. 

Powers  of  the  SEC.  5.  And  be  it  further  enacted,  That  the  commissioners  shall  have 
sioners.  power  to  inquire  into  the  justice  and  validity  of  the  claims  filed  with 
them;  and  shall  be,  and  are  hereby,  authorized  to  administer  oaths,  to 
compel  the  attendance  of  witnesses  by  subpoenas  issued  by  the  secre- 
tary, and  the  adduction  of  such  testimony  as  may  be  wanted  ;  they 
shall  have  access  to  all  papers  and  records  of  a  public  nature  relative 
to  any  land  titles  within  said  provinces,  and  to  make  transcripts  thereof. 


FLORIDA.  659 

They  shall  examine  into  claims  arising  under  patents,  grants,  conces- 
sions, and  orders  of  survey,  where  the  survey  has  been  actually  made 
previous  to  the  twenty-fourth  January,  one  thousand  eight  hundred 
and  eighteen,  whether  they  are  founded  upon  conditions,  and  how  far 
those  conditions  have  been  complied  with ;  and  if  derived  from  the 
British  Government,  how  far  they  have  been  considered  valid  under  the 
Spanish  Government ;  and  if  satisfied  that  said  claims  be  correct  and 
valid,  shall  give  confirmation  to  them:  Provided,  That  such  confirma-     Proviso, 
tion  shall  only  operate  as  a  release  of  any  interest  which  the  United 
States  may  have,  and  shall  not  be  considered  as  affecting  the  rights  of 
third  persons:  And  provided,  That  they  shall  not  have  power  to  confirm    Proviso   as  to 
any  claim  or  part  thereof  where  the  amount  claimed  is  undefined  in  claims  to  be  con- 
quanrity,  or  shall  exceed  one  thousand  acres;  but  in  all  such  cases  shall 
report  (he  testimony,  with  their  opinions,  to  the  Secretary  of  the  Treas- 
ury, to  be  laid  before  Congress  for  their  determination.    Every  witness     Tees    to    wit- 
attending  under  any  process  from  the  commissioners,  shall  be  allowed  nes,ses,  &c. 
one  dollar  a  day,  and  one  dollar  for  every  twenty  miles  travel ;  to  be  nottoactoT^c.8 
paid  by  the  party  summoning  him:  Provided,  nevertheless,  That  the  com- any    British' 
missioners  shall  not  act  on,  or  take  into  consideration,  any  British  grant,    &cv  but 
grant,  patent,  warrant,  or  order  of  survey,  but  those  which  are  bona^8^^1!^6.!* 
fide  claimed  and  owned  by  citizens  of  the  United  States,  and  which  jze  n  8n0f  ^^e 
have  never  been  compensated  for  by  the  British  Government,  (a)  United  States, 

SEC.  6.  And  be  it  further  enacted,  That  there  shall  be  appointed  by  the  &c. 
President  of  the  United  States,  by  and  with  the  advice  and  consent  of  an^^elo a?- 
the  Senate,  a  surveyor,  who  shall  possessj;he  power  and  authority,  and  point  a  surveyor, 
receive  the  same  salary,  as  by  law  appertains  to  the  surveyor  south  of  &c. 
the  S rate  of  Tennessee;  but  his  duties  shall  not  commence  until  the     Surveyor's  du- 
commissioners  shall  have  examined  and  decided  upon  the  claims  in  West      s' 
Florida,  who  shall  thereupon  furnish  the  surveyor  with  a  list  of  those 
admitted,  and  he  shall  thereupon  proceed' to  survey  the  country,  taking 
care  to  have  surveyed,  and  marked,  and  laid  down,  upon  a  general  plan, 
to  be  kept  in  his  office,  the  metes  and  bounds  of  the  claims  so  ad- 
mitted ;  causing  the  same  to  be  surveyed  at  the  expense  of  the  claim-     Surveys  at  the 
ants,  the  price  whereof  shall  be  the  same  as  is  paid  for  surveying  the  expense  of    the 
public  lands  ;  but  no  surveyor  shall  charge  for  any  line  except  such  as     s^vevor toap- 
may  be  actually  run.  nor  for  any  line  not  necessary  to  be  run.     He  shall  point  deputies. 
appoint  a  suitable  number  of  deputies,  and  shall  fix  and  determine 
their  fees:  Provided,  That  the  whole  cost  of  surveying  shall  not  exceed 
four  dollars  a  mile:  And  provided  also,  That  none  other  than  township     None    other 
lines  shall  be  run  where  the  land  is  deemed  unfit  for  cultivation :  Said  *han   township 
surveyor  shall  reside  at  such  place  as  the  President  of  the  United  States  anTsurveVr^to 
may  direct,  and  shall  keep  his  office  there,  and  may  charge  the  follow-  reside,     &c ,   as 
ing  fees,  to  wit :  for  recording  the  plat  and  surveys  of  private  claims  the  P  re  si  d'ent 
made  by  any  of  his  deputies,  twenty- five  cents  for  each  mile  contained  m<Jy  direct-, 
in  the  boundary  of  such  survey,  and  twenty-five  cents  for  any  copy  fop  record  in? 
certified  from  the  books  of  his  office.  (&)  &c. 

(a)  See  Xos.  957,  961,  967,  1268,  1624,  1630, 1631, 1633, 1634, 1636, 1640, 1641, 1643, 1647, 1677, 

1699, 1700, 1701,  1704,  1710. 
(&)  See  Nos.  1630, 1632, 1678. 

No.  1630.— AN  ACT  amending,  and  supplementary  to,  the  "Act  for  ascertaining  March  3, 1823. 
claims  and  titles  to  land  in  the  Territory  of  Florida,'"  and  to  provide  for  the  survey  VoL  3,  p.  754. 
and  disposal  of  the  public  lands  in  Florida. 


Be  it  enacted,  $-c.,  That  the  powers  of  the  board  of  commissioners  Powers  of  the 
heretofore  appointed,  for  ascertaining  claims  and  titles  to  lands  in  the  Present  commis- 
Territory  of  Florida,  shall  be  confined,  exclusively,  to  the  examination  ^bTconfineTto 
of  titles  and  claims  in  that  portion  of  said  Territory,  heretofore  known  West  Florida, 
as  West  Florida  ;  and  that,  for  ascertaining  titles  and  claims  in  East  Three  commis- 
Florida,  the  President  is  hereby  authorized,  in  the  recess  of  the  Senate,  8Sed 
to  appoint  three  commissioners,  which  appointments  shall  be  of  f orce  Florida, 
until  the  end  of  the  next  session  of  Congress  thereafter,  who  may  ap- 
point their  secretary,  and  who,  with  their  secretary,  shall,  within  the 
district  of  East  Florida,  possess  all  the  powers  given  by,  perform  all 
dutes  [duties]  required,  and  shall,  in  all  respects,  be  subject  to,  the 
provisions  and  restrictions  of  the  act  of  the  eighth  of  May,  one  thousand 
eight  hundred  and  twenty- two,  entitled  "An  act  for  ascertaining  claims 
and  titles  to  lands  in  the  Territory  of  Florida,"  ecept  [except]  so  far  as 
the  same  is  altered  or  changed  by  the  provisions  of  this  act ;  which 
board  of  commissioners,  heretofore  appointed,  with  that  hereafter  ap- 


660  FLORIDA. 

Commissioners  pointed,  shall  hold  their  sessions,  severally,  at  the  place  within  their 
to  make  return  to  respective  districts,  heretofore  designated  by  law ;  but  may  adjourn  to 
the  Secretary  of  gome  otner  convenient  place  within  their  district,  and  may  continue 
their  sessions  until  the  second  Monday  in  February  next,  when  they 
shall  make  a  return  of  their  proceedings  to  the  Secretary  of  the  Treas- 
ury, to  be  laid  before  Congress. 

Claims  in  favor     SEC.  2.  And  be  it  further  enacted,  That,  in  the  examination  of  titles  to 
of  actual  settlers  land  before  either  of  said  boards  of  commissioners,  the  claimant  or 
at  the    time  of  ciaimants  shall  not  be  required  to  produce  in  evidence  the  deraignment 
cession  to  be  con- of  title  from  ^  orjginai  grantee  or  patentee,  but  the  commissioners 
shall  confirm  every  claim  in  favour  of  actual  settlers  at  the  time  of  ses- 
sion [cession]  of  the  said  Territory  to  the  United  States,  where  the 
quantity  claimed  does  not  exceed  three  thousand  five  hundred  acres, 
where  such  deraingment  cannot  be  obtained,  the  validity  of  which  has 
been  recognised  by  the  Spanish  Government,  and  where  the  claimant  or 
claimants  shall  produce  satisfactory  evidence  of  his,  her,  or  their,  right 
to  the  land  claimed :  And  said  commissioners  shall  have  the  power,  any 
law  to  the  contrary  notwithstanding,  of  deciding  on  the  validity  of  all 
claims  derived  from  the  Spanish  Government  in  favour  of  actual  set- 
tlers, where  the  quantity  claimed  does  not  exceed  three  thousand  five 
hundred  acres. 

Compensation  SEC.  3.  And  be  it  further  enacted,  That  each  of  the  commissioners 
of  commission-  heretofore  appointed,  who  has  performed,  and  shall  hereafter  perform, 
ers.  the  duties  assigned  him,  shall  receive  compensation  in  proportion  to 

that  heretofore  allowed  him.  And  each  of  the  commissioners  here- 
after appointed  for  East  Florida,  who  shall  actually  perform  the  du  • 
ties  assigned  him,  shall  receive  the  sum  of  two  thousand  dollars,  as  a 
full  compensation,  payable  quarterly,  from  the  Treasury  of  the  United 
States. 

District  attor-     SEC.  4.  And  be  it  furtlier  enacted,  That  it  shall  be  the  duty  of  the  dis- 

neys   to   attend  trict  attorneys  for  said  districts,  respectively,  whenever  required  to  do 

the  commission-  8O  by  the  commissioners  within  his  district,  to  attend  them  for  the  pur- 

auired  e"  pose  of  arguing  and  explaining  any  points  of  law  that  may  be  deemed 

necessary  to  be  examined ;  and  said  attorney  shall  be  entitled  to  the 

same  compensation  therefor  as  when  attending  on  the  district  court  of 

said  Territory. 

Claims  not  filed     SEC.  5.  And  be  it  further  enacted,  That  all  claims  not  filed  with  the 

OB  or  before  1st  commissioners  of  the  district,  where  the  land  claimed  is  situated,  in 

December  next,  the  manner  prescribed  by  the  act  to  which  this  is  an  amendment,  on  or 

before  the  first  day  of  December  next,  shall  be  held  to  be  void  and  of 

none  effect. 

Marshal  to  ex-     SEC.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 

ecute  and  make  marshall  [marshal]  to  execute  and  make  return  of  all  process  which 

return  of  process.  may  foe  issued  by  the  said  commissioners,  or  the  commissioners  may, 

where  they  deem  it  necessary,  authorize  and  empower  any  other  person 

to  execute  and  return  said  process,  (a) 

Surveyor  to  be     SEC.  7.  And  be  it  further  enacted,  That,  so  soon  as  the  commissioners 

appointed.  shall  have  decided  and  reported  on  the  private  claims  in  said  Territory 

of  Florida,  a  surveyor  shall  be  appointed  for  the  Territory  of  Florida, 

who  shall  keep  his  office  at  such  place,  within  the  said  Territory,  as  the 

President  of  the  United  States  shall  designate  ;  and  shall  receive  the 

His  salarv        sum  of  two  thousand  dollars,  payable  quarterly,  at  the  Treasury  of  the 

United  States.  (&) 

Land  offices  to  SEC.  8.  And  be  it  further  enacted,  That,  for  the  disposal  of  the  lands 
>  established.  of  tne  United  States  lying  in  the  district  of  East  Florida,  a  land  office 
shall  be  established  and  kept  at  such  place,  within  said  district,  as  the 
President  of  the  United  States  shall  direct ;  and  that,  for  the  disposal 
of  the  lands  of  the  United  States  lying  in  the  district  of  West  Florida, 
a  land  office  shall  be  established  at  such  place,  in  said  district,  as  the 
President  of  the  United  States  shall  direct,  (c) 

When  land  SEC.  9.  And  be  it  further  enacted,  That,  so  soon  as,  in  the  opinion  of  the 
lm?d.are  ^  be  President  of  the  United  States,  there  shall  be  a  sufficient  quantity  of 
the  public  lands  surveyed,  within  either  of  the  districts  of  East  or  West 
Florida,  to  authorize  the  opening  of  one  or  both  of  the  land  offices  afore- 
said, he  shall  cause  the  same  to  be  opened,  and  shall  proceed,  from  time 
to  time,  to  appoint,  with  the  advice  and  consent  of  the  Senate,  for  each 
of  the  said  offices,  a  register  and  receiver  of  the  public  moneys,  who 
shall  give  security,  in  the  same  sums,  and  in  the  same  manner,  and 
whose  compensation,  emoluments,  duties,  and  authority,  shall,  in  every 
respect,  be  the  same,  in  relation  to  the  lands  to  be  disposed  of  at  their 


FLORIDA.  661 

offices  as  are  or  may  be  provided  by  law  in  relation  to  the  registers  and 
receivers  of  public  moneys,  in  the  several  laud  offices  established  for 
the  disposal  of  the  public  lands  of  the  United  States. 

SEC.  10.  And  1)6  it  further  enacted,  That,  whenever  a  land  office  shall     The  President 
have  been  established  in  either  of  the  districts  aforesaid,  and  a  register  to  offer  the  lands 
and  receiver  of  public  moneys  appointed  for  the  same,  the  President  of  ^en        '  a 
the  United  States  shall  be,  and  he  is  hereby,  authorized  to  direct  so 
much  of  the  public  lands,  lying  in  such  district,  as  shall  have  been  sur- 
veyed according  to  law,  to  be  offered  for  sale,  in  the  same  manner,  and 
with  the  same  reservations  and  exceptions,  and  on  the  same  terms  and 
conditions,  in  every  respect,  as  have  been  or  may  hereafter  be,  provided 
for  the  sale  of  the  public  lands  of  the  United  States,  (d) 

SEC.  11.  And  be  it  further  enacted,  That  an  entire  township,  in  each  of  An  e  n  tir  e 
the  districts  of  East  and  West  Florida,  shall  be  reserved  from  sale,  for  jKjrtJp/1?  ?aS.a 
the  use  of  a  seminary  of  learning,  to  be  located  by  the  Secretary  of  the  {J*  reserved  for  a 
Treasury,  (e)  seminary  of 

SEC.  12.  And  be  it  further  enacted,  That  all  the  navigable  rivers  and  learning. 
waters  in  the  districts  of  East  and  West  Florida  shall  be,  and  forever     IJiver/+,  %?  d 


remain,  public  highways.  t 

SEC.  13.  And  be  it  Juriher  enacted,  That  so  much  of  the  act,  approved  lie  highways. 
the  eighth  day  of  May,  one  thousand  eight  hundred  and  twenty-two,    Part  of  the 
entitled  "An  act  for  ascertaining  claims  and  titles  to  land  in  the  Terri-  ™rmeg  \£<£  of 
tory  of  Florida,"  as  is  inconsistent  with  the  provisions  of  this  act,  be,peaied; 
and  the  same  is  hereby,  repealed  ;  and  so  much  thereof  as  provides  for 
the  appointment  of  a  surveyor-general,  and  allows  him  to  charge  fees, 
is  hereby  repealed,  (a) 

(a)  See  Nos.  957,  961,  967,  1268,  1624,  1629,  1631,  1633,  1634,  1636,  1640,  1641,  1647,  1677,  1699, 

1700,1701,1704,  1710. 
(6)  See  ISTos.  1629,  1632,  1678. 
(e)  SeeNos.  1632,  1667,  1688,  1689,  1708. 

(d)  See  Nos.  1635,  1H51,  1652,  1667,  1670,  1672.  1684,  1691,  1692,  1695,  1713,  1714. 

(e)  See  Nos.  1639,  1655,  1674. 


No.  1631.—  AN  ACT  to  extend  the  time  limited  for  the  settlement  of  private  land     Feb.  28  1824. 
claims  in  the  Territory  of  Florida.  Vol.'  4  p.  6. 

Be  it  enacted,  $c.,  That  the  time  limited  for  the  settlement  of  private  ~~The  act  amend- 
land  claims  in  the  Territory  of  Florida,  by  an  act  of  the  Seventeenth  ing,  &c.,  the  act 
Congress,  entitled  "An  act  amending,  and  supplementary  to,  the  act  for  f°r   ascertaining 
ascertaining  claims  and  titles  to  land  in  the  Territory  of  Florida,  andia^^to^na 
to  provide  for  the  survey  and  disposal  of  the  public  lands  in  Florida,  be,  extended.  ' 
and  the  same  is  hereby,  extended  and  enlarged,  until  the  first  day  of 
January  next,  when  the  commissioners  for  ascertaining  claims  and  titles 
to  the  lands  aforesaid  shall  make  a  return  of  their  proceedings  to  the 
Secretary  of  the  Treasury,  to  be  laid  before  Congress. 

SEC.  2.  And  be  it  further  enacted,  That  the  claimant  or  claimants  shall  The  claimant 
not  be  required  to  produce,  in  evidence,  a  deraignment  of  title  from  the  or  claimants  not 
original  grantee  or  patentee,  but  the  exhibition  of  the  original  title 


original 

papers,  agreeably  to  the  fourth  section  of  an  act,  passed  the  eighth  of  a  deraignment  of 
May,  eighteen  hundred  and  twenty-two,  entitled  "An  act  for  ascertain-  title    from    the 
ing  claims  and  titles  to  lands  within  the  Territory  of  Florida,"  with  the  original  grantee 
deed  or  devise,  to  the  claimant,  and  the  office  abstract  or  abstracts  of  or  Patentee'  &c- 
the  intermediate  conveyances  for  the  last  ten  years  preceding  the  sur- 
render of  Florida  to  the  United  States  ;  and,  where  they  cannot  be  pro- 
duced, their  absence  being  satisfactorily  accounted  for,  shall  be  sufficient 
evidence  of  tho  right  of  the  claimant  or  claimants  to  the  land  so  claimed 
as  against  the  United  States  :  Provided,  The  claim  be  defined  in  quan-    Proviso. 
tity,  and  the  amount  does  not  exceed  the  quantity  limited  in  the  second 
section  of  the  act  which  this  is  intended  to  extend  ;  And  provided,  The    Proviso. 
conditions  required  by  the  laws  and  ordinances  of  the  Spanish  Govern- 
ment, and  the  treaty  between  Spain  and  the  United  States,  shall  have 
been  complied  with. 

SEC.  3.  And  be  it  further  enacted,  That  no  person  shall  be  taken  and  No  person  to  be 
deemed  to  be  an  actual  settler,  within  the  provisions  of  the  "act  amend-  deemed  an  actual 
ing,  and  supplementary  to,  an  act  for  ascertaining  claims  and  titles  to  settler  within  the 
land  in  the  Territory  of  Florida,"  passed  on  the  third  day  of  March,  one  ^^"M^I,  3 
thousand  eight  hundred  and  twenty-three,  unless  such  person,  or  those  1823,  unlesshebe 
under  whom  he  claims  title,  shall  have  been  in  the  cultivation,  or  occu-  an  occupier,  &c. 
pation,  of  the  land,  at  and  before  the  period  of  the  cession. 


662  FLORIDA. 

Part  of  act  re-  SEC.  4.  And  be  it  further  enacted,  That  so  much  of  the  act  of  which 
pealed.  this  is  an  amendment,  as  authorizes  the  secretary  of  said  commissioners 

to  demand  and  receive  from  the  claimants  ten  cents  per  hundred  words 
for  recording  titles  to  land,  be,  and  the  same  is  hereby  repealed. 
Secretaries    of     SEC.  5.  And  be  it  further  enacted,  That  the  former  secretaries,  or  those 
commissioners  wno  mav  nOw  be  secretaries,  to  the  said  boards  of  commissioners,  who 
having  rei-eived  ^^  uave  received  their  salary  of  one  thousand  two  hundred  and  tifty 
to  pay  overmuch  dollars,  from  the  Treasury  of  the  United  States,  which  is,  by  law  de- 
fees  as  have  been  dared  to  be  their  full  compensation,  shall  be,  and  they  are  hereby,  re- 
demanded    andqU]re(j  to  pay  over,  respectively,  to  the  commissioners,  conformably 
received  by  them.  w^n  ^ne  provisions  of  the  original  law,  all  such  fees  as  have  been  de- 
manded, and  received  by  them,  which  shall  be  appropriated  to  defray 
the  expenses  of  the  commission. 

So  much  of  the  SEC.  6.  And  be  itfurtJier  enacted,  That  so  much  of  the  acts  of  which 
acts  of  which  this  this  is  amendatory,  as  makes  void  all  claims  not  filed  before  the  first 
is  amendatory,  as  day  Of  December,  one  thousand  eight  hundred  and  twenty-three,  be, 
SaiSI  not  tiled  and  the  same  is  hereby,  repealed ;  and  it  shall  be  lawful  for  claims  to 
before  Dec.  l,  be  filed  any  time  previous  to  the  first  day  of  September  next ;  but  all 
1823,  to  be  re-  and  every  claim  not  filed  by  that  time,  shall  be  held  and  deemed  void 
P6*16*1-  and  of  none  effect. 

Compensation  SEC.  7.  And  be  it  further  enacted,  That  each  of  the  commissioners  here* 
of  the  commis-  tofore  appointed,  or  who  may  hereafter  be  appointed,  who  has  per- 
formed, and  shall  hereafter  perform,  the  duties  assigned  him,  shall 
receive,  from  the  first  Monday  in  February  until  the  first  day  of  January 
next,  at  the  rate  of  two  thousand  dollars  per  annum,  in  full  compensa- 
tion for  his  services,  (a) 

(a)  See^os.  957,  961,  967, 1268, 1624, 1629, 1630, 1633, 1634, 1636, 1640,  1641, 1643, 1647, 1677, 
1699, 1700, 1701, 1704, 1710. 


May  24, 1824.     No.  1632.— AX  ACT  providing  for  a  grant  of  land  for  the  seat  of  government  in 
VoL  4,  p.  30.  the  Territory  of  Frorida,  [Florida,]  and  for  other  purposes. 


One  quarter-  Be  it  enacted,  <fc.,  That  there  shall  be,  and  hereby  is,  granted  to  the 
section  of  land  Territory  of  Florida,  one  entire  quarter-section  of  laud,  or  fractional 
Erritorvomor6860^011'  not  exceeding  in  quantity  one  quarter- sect  ion,  for  the  seat  of 
idafor  the  seat  oi =  government  in  that  Territory,  to  be  located  previously  to  the  sale  of 
government  the  adjacent  lands,  under  the  authority  of  the  governor  thereof,  at  the 
point  selected  for  the  permanent  seat  of  government  for  said  Territory. 
The  govern-  SEC.  2.  And  be  it  further  enacted,  That  the  governor  and  legislative 
or,  &c.,  to  adopt  council  of  the  Territory  aforesaid,  or  a  majority  thereof,  be,  and  they  are 
for  th^Sfe^of  Q?rebv>  authorized  to  adopt  such  measures  as  to  them  may  seem  expe- 
said  land,  as  they  dient  for  the  sale  of  said  tract  of  land,  or  any  part  thereof,  for  the  pur- 
may  deem  expe-  pose  of  raising  a  fund  for  the  erection  of  public  buildings  at  said  seat 

of  government. 

Three  entire  SEC.  3.  And  be  it  further  enacted,  That  there  shall  be,  and  hereby  are, 
quarter  -sections  reserved  from  sale,  three  entire  quarter-sections  of  lands  of  the  United 
for  the^ntted  states»  tyiag  contiguous  to,  and  adjoining,  the  quarter- section  granted 
States.  Dv  the  nrst  section  of  this  act,  to  be  located  bv  the  governor  of  said 

Territory,  (a) 

Part  of  the  7th  SEC.  4.  And  be  it  further  enacted,  That  so  much  of  the  seventh  section 
MtrfMKolL  &  °f  the  act  of  Congress»  of  the  third  of  March,  one  thousand  eight  hun- 
1823,  repealed.  '  dred  and  twenty-three,  entitled  "An  act  amending  and  supplementary 
to  the  act  entitled  'An  act  to  provide  for  the  survey  and  disposal  of  the 
public  lands  in  Florida/ "  as  prevents  the  appointment  of  a  surveyor 
for  Florida  until  the  commissioners  shall  have  decided  and  reported  on 
the  private  claims  in  said  Territory,  be,  and  the  same  is  hereby,  re- 
pealed; (6)  and  the  eastern  and  western  land  districts  in  said  Territory 
shall  be  divided  and  separated  by  the  Suwaney  River,  and  not  by  the 
ancient  line  of  division  between  the  provinces  of  East  and  West  Florid  a  r 
as  prescribed  by  the  eighth  section  of  the  act  aforesaid,  (c) 

(a)  See  Xos.  1640,  1642,  1674. 
(6)  See  Xos.  1629,  1630,  1678. 
(c)  Se«  Nos.  1630,  1667,  1688,  1689,  1708. 


FLORIDA.  663 

No.  1633.— AN  ACT  granting  donations  of  land  to  certain  actual  settlers  in  the     May  26,  1824. 
Territory  of  Florida,  Vol.  4,  p,  47.     » 

Be  it  enacted,  <$*c.,  That  the  commissioners  for  ascertaining  titles  and     The  commis- 
claims  to  lands  in  Florida,  be,  and  they  are  hereby,  authorized  and  re-  sioners  for  ascer- 
quired,  within  their  respective  districts,  and  in  addition  to  the ir  former  lamlTfn*!1!68'^0 
duties,  to  receive  and  examine  all  claims  that  may  be  presented  to  them,  authorized  a^  d 
and  the  evidence  in  support  of  each  of  such  claims,  founded  on  habita-  required  to    re- 
tion  and  cultivation  of  any  tract  of  land,  town,  or  city  lot,  or  out-lot,  9eive  au<1  exam- 
by  any  person,  being  the  head  of  a  family,  and  twenty-one  years  of  age,  {£|8ehtedto 
who,  on  the  twenty-second  day  of  February,  one  thousand  eight  hundred  them    within 
and  nineteen,  actually  inhabited  and  cultivated  such  tract  of  land,  or  ac-  their   respective 
tually  cultivated  and  improved  such  lot,  or  who,  on  that  day,  cultivated  districts, 
any  tract  of  land  in  the  vicinity  of  any  town  or  city,  having  a  permanent 
residence  in  such  town  or  city,  in  said  Territory ;  and  to  grant  certifi- 
cates of  confirmation  for  any  tract  of  land  thus  inhabited  and  cultivated, 
or  cultivated  by  any  person  of  the  above  description,  residing  in  any 
town  or  city  in  the  vicinity  of  the  tract  so  cultivated ;  which  land  shall 
be  located  in  an  en£ire  body,  as  nearly  as  possible,  in  conformity  to  the 
surveys  of  the  contiguous  public  lands,  and  so  as  to  embrace  the  prin- 
cipal improvements  then  made  on  any  tract  so  claimed,  and  shall  not  ex- 
ceed in  quantity  six  hundred  and  forty  acres :  And  it  shall  also  be  the    Duty  of    said 
duty  of  said  commissioners  to  receive  claims  to  land  founded  on  habita-  commissioners, 
tion  and  cultivation,  commenced  between  the  twenty-second  of  Febru- 
ary, one  thousand  eight  hundred  and  nineteen,  and  the  seventeenth  of 
July,  one  thousand  eight  hundred  and  twenty-one,  when  Florida  was 
surrendered  to  the  United  States,  and  evidence  in  support  of  the  same ; 
and  to  report  an  abstract  of  all  such  claims  to  Congress,  and  of  the 
claims  by  them  confirmed,  to  the  Secretary  of  the  Treasury ;  and  the 
claims  merely  reported  on,  shall  be  laid  before  Congress  at  their  next 
session,  with  the  evidence  of  the  time,  nature,  and  extent,  of  such  in- 
habitation and  cultivation, in  each  case,  and  the  extent  of  the  claim:     Proviso. 
Provided,  That  no  claim  shall  be  received,  confirmed,  or  reported,  to 
Congress,  by  the  said  commissioners,  for  confirmation,  in  favour  of  any 
person,  or  the  legal  representatives  of  any  person,  who  claims  any  tract 
of  land  in  said  Territory,  by  virtue  of  any  written  evidence  of  title  de- 
rived from  either  the  British  or  Spanish  Government,  (a) 

(a)  See  Nos.  957,  961,  967,  1268,  1624,  1629,  1630,  1631,  1634,  1636,  1640,  1641,  1643,  1647, 
1677,  1699,  1700,  1701,  1704,  1710. 


No.  1634.— AN  ACT  to  extend  the  time  for  the  settlement  of  private  land  claims  March  3,  1825. 
in  the  Territory  of  Florida,  to  provide  for  the  preservation  of  the  public  archives  Vol.  4,  p.  125. 
in  said  Territory,  *  *  *  . 


SEC.  2.  And  be  it  further  enacted,  That  the  commissioners  appointed  The  commis- 
to  ascertain  claims  and  titles  to  land  in  East  Florida,  be,  and  they  are  stokers  of  land 
hereby,  authorized  to  continue  their  session  until  the  first  Monday  Florida  "to  con- 
of  January,  one  thousand  eight  hundred  and  twenty-six,  under  the  tinue  their  ses- 
same  laws,  ordinances,  and  regulations,  heretofore  established  for  their  sion. 
government. 

SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  act,  entitled     Part  of  the  act 
"An  act  to  extend  the  time  limited  for  the  settlement  of  private  land  SjjJwtEeVei! 
claims  in  Florida,"  as  renders  void  all  claims  to  land  in  said  Territory,  tlement  of  p  r  i- 
not  filed  on  or  before  the  first  day  of  September,  one  thousand  eight  yate  land  claims 
hundred  and  twenty-four,  be,  and  the  same  is  hereby,  repealed,  and  it in  Florid  a,  re- 
shall  be  lawful  for  claims  to  be  filed  before  the  board  of  commissioners  pea 
in  East  Florida,  any  time  prior  to  the  first  day  of  November,  one  thou- 
sand eight  hundred  and  twenty-five. 

SEC.  4.  And  be  it  further  enacted,  That  there  shall  be  appointed  two  Two  addition- 
additional  clerks  to  the  board  of  commissioners  of  East  Florida,  to  f1  cl«fks  for  the 
each  of  whom  shall  be  allowed  the  sum  of  seven  hundred  dollars,  to  be  JgJSs  S? mX 
paid  quarterly  by  the  Treasury  of  the  United  States.  Florida. 

SEC.  5.  And  be  it  further  enacted,  That  each  of  the  commissioners  ap-     Compensation 
pointed  for  the  examination  of  claims  in  East  Florida,  be  allowed  at  °*  the    commis- 
the  rate  of  two  thousand  dollars  per  annum,  in  full  for  their  services,  81( 
to  be  paid  quarterly  at  the  Treasury  of  the  United  States,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated  :  Provided,  however,     Proviso. 
That  no  one  of  said  commissioners  shall  be  entitled  to  draw  any  por- 
tion of  the  compensation  hereby  allowed  him,  except  on  showing  an 
actual  and  faithful  performance  of  the  duties  required  of  him. 


FLORIDA. 

Duty    of    the     SEC.  6.  And  be  it  further  enacted,  That,  it  shall  be  the  dnty  of  the  late 

late  commission-  commissioners  for  the  examination  of  titles  and  claims  to  lands  in  West 

era    and     their  Florida,  and  of  their  clerk,  to  deliver  to  the  register  and  receiver  of  the 

land  office  for  the  western  land  district  of  Florida,  all  records,  evidence, 

and  papers,  in  the  possession  of  them,  or  either  of  them,  relating  to 

Duty  of  the  reg-  said  titles  and  claims.    And  it  shall  be  the  duty  of  said  register  and 

later  and  receiv-  receiver  to  examine  and  decide  on  all  titles  and  claims  to  land  in  West 

Florida,  not  heretofore  decided  npon  by  said  commissioners,  subject  to 

the  limitations,  and  in  conformity  with  the  provisions  of  the  acts  of 

Congress  heretofore  passed  on  that  subject. 

Claimants,  SEC.  7.  And  be  it  further  enacted,  That  the  several  claimants  to  lands, 
where  their  jn  8aid  district,  where  claims  have  not  been  heretofore  decided  on,  be 
claims  have  not  permitted  to  file  their  claims,  and  the  evidence  in  support  of  them, 
Sxlon  pe£  with  the  register  and  receiver  of  said  district,  at  any  time  before  the 
mitted  to'  file  first  day  of  November  next,  whose  duty  it  shall  be  to  report  the  same, 
them,  &c.,  with  Wjtj1  their  decision  thereon,  to  the  Secretary  of  the  Treasury,  on  or 
tte  renter  and  before  tne  ^Tsi  fay  of  January  next,  to  be  laid  before  Congress  at  the 
Xuv.  L  '  next  session. 

The     register     SEC.  8.  And  be  it  further  encwted,  That  the  said  register  and  receiver 

and  receiver  em-  shall  have  power  to  appoint  their  clerk,  and  prescribe  his  duties,  and 

powered  to   ap-  wno  gnau  De  allowed,  in  full  compensation  for  his  services,  the  sum  of 

eight  hundred  dollars,  and  said  register  and  receiver  shall  each  be  al- 

lowed the  sum  of  one  thousand  dollars  for  the  performance  of  the 

duties  required  of  them  by  this  act,  which  said  several  sums  of  money 

shall  be  paid  said  register  and  receiver,  and  their  clerk,  out  of  any 

money  in  the  Treasury  not  otherwise  appropriated,  whenever  the  busi- 

ness is  completed,  and  the  report  approved  by  the  Secretary  of  the 

Treasury. 

The  President  SEC.  9.  And  be  it  further  enacted,  That  the  President  of  the  United 
to  appoint  two  States  be,  and  he  is  hereby,  authorized  to  appoint  two  officers,  to  be 
keepers  of  the  cauftd  the  keepers  of  the  public  archives  in  the  Territory  of  Florida, 
n?Florida  **  one  of  whom  shall  keep  his  office  at  St.  Augustine,  in  East  Florida, 

and  the  other  at  Pensacola,  in  West  Florida. 

Officers  to  give     SEC.  10.  And  be  it  further  enacted,  That  the  said  officers  shall  each 

bond  and  securi-  give  bond  and  security  in  the  sum  of  twenty  thousand  dollars,  for  the 

^rf  VmaiKKi^of  safe'keeping  and  preservation  of  the  said  archives,  and  for  the  faithful 

their  duties.     °  performance  of  the  duties  of  their  respective  offices,  and  the  translation 

of  such  of  the  records  and  documents  as  are  hereinafter  provided  for, 

and  shall  each  receive  a  salary  of  five  hundred  dollars,  to  be  paid 

quarterly  from  the  Treasury  of  the  United  States. 

Officers  tocause     SEC.  11.  And  be  it  further  enacted,  That  the  said  officers  shall  cause  to 

a  complete  trans-  ije  ma(}e  a  faithful  and  complete  translation  and  record  of  all  the 

Spanish  records  Spanish  records,  and  documents  delivered  to  them,  and  having  rela- 

havin*    relation  tion  to  land  claims  derived  from  the  Spanish  and  British  Governments, 

to  land  claims,     distinguishing  and  keeping  separately  those  which  relate  to  grants 

made  within  the  district  of  Baton  Rouge,  Mobile,  north  of  latitude 

thirty-one,  and  those  made  within  the  present  limits  of   Florida;  a 

complete  descriptive  list  of  each  of  which  translations  and  records, 

when  completed,  shall  be  forwarded  to  the  Secretary  of  the  Treasury, 

and  the  said  officers  shall,  severally,  be  entitled  to*  receive  from  the 

Treasury  of  the  United  States,  on  the  completion  of  the  work,  a  com- 

pensation at  the  rate  of  ten  cents  for  each  hundred  words  by  them 

translated  and  recorded. 

Officers  to  de-  SEC.  12.  And  be  it  further  enacted,  That  the  said  officers  shall  make  out 
translations*  t*  and  del.iver  to  individual  applicants,  copies  or  translations  of  any  docu- 
individual  appli-  ment8  in  their  8aid  offices,  on  being  paid  for  the  same  at  the*  rate  of 
cants.  six  and  one-fourth  cents  for  each  hundred  words. 

Appropriation.  SEC.  13.  And  be  it  further  enacted,  That  the  several  sums  of  money 
hereby  appropriated,  shall  be  paid  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  (a) 

(a)  See  Xos.  957,  961,  967,  1268,  1624,  1629,  1630,  1631,  1633,  1636.  1640,  1641,  1643,  1647, 
1677,  1699,  1700,  17U1,  1704,  1710. 

April  22,  1826.    No.  1635.—  AX  ACT  giving  the  right  of  pre-emption,  in  the  purchase  of  lands,  to 
Vol.  4,  p.  154.         certain  settlers  in  the  States  of  Alabama,  MissisMppi,  and  Territory  of  Florida. 

Any  person,  Be  {t  enacte^  $'c;  That  every  person,  or  the  legal  representatives  of 
&c.,  who  on  or  any  person,  who,  being  either  the  head  of  a  family,  or  twenty-one  years 
before  Jan.  1,  of  age,  did,  on  or  before  the  first  day  of  January,'  in  the  year  one  thou- 


, 

&?°'  ^IS^f  8and  eiSht  hundred  and  twenty-five,  actually  inhabit  and  cultivate  a 
01  tract  of  land  situated  in  the  Territory  of  Florida,  which  tract  is  not 


FLOEIDA.  6G5 

rightfully  claimed  by  any  other  person,  and  who  shall  not  have  re-  land  in  Florida, 
moved  from  the  said  Territory,  shall  be  entitled  to  the  right  of  pre-  &c.,  shall  be  en- 
emption  in  the  purchase  thereof,  under  the  same  terms,  restrictions,  emption  in  Pthe 
conditions,  provisions  and  regulations,  in  every  respect,  as  are  directed  purchase  thereof, 
by  the  act.  entitled  ''An  act  giving  the  right  of  pre-emption,  in  the  pur-  under  the  act  of 
chase  of  lands,  to  certain  settlers  in  the  Illinois  Territory,"  passed  Feb-  Feb-  5. 1813. 
ruary  the  fifth,  one  thousand  eight  hundred  and  thirteen:  Provided,    Proviso. 
That  no  person  shall  be  entitled  to  the  provisions  of  this  section,  who 
claims  any  tract  of  land  in  said  Territory,  by  virtue  of  a  confirmation 
of  the  commissioners,  or  by  virtue  of  any  act  of  Congress. 

SEC.  2.  And  ~be  it  further  enacted,  That  any  person,  or  the  legal  repre-  Any  person, 
sentatives  of  any  person,  entitled  to  a  preference  in  becoming  the  pur-  &c.,  settled  on  a 
chaser  of  a  tract  of  land  at  private  sale,  according  to  the  provisions  of  J^ection  ^To 
this  act,  who  is  settled  on  a  fractional  quarter-section,  shall  have  the^e  the  'privi_ 
privilege  of  purchasing  an  adjoining  quarter-section,  or  the  fractional  lege  of  purchas- 
quarter- section,  improved  by  them,  at  their  option.  ing  an  adjoining 

SEC.  3.  And  be  it  further  enacted,  That,  in  cases  where  two  or  more  onwhere  two  or 
persons  entitled  to  the  right  of  pre-emption  shall  be  settled  on  onemore  persona 
quarter,  or  fractional  quarter-section  of  land,  they  shall  be  authorized  have  the  right  of 
to  purchase  one  or  more  quarter- sections,  which,  with  the  quarter-sec-  pre-emption, 
tion,  or  fractional  quarter  upon  which  such  persons  are  settled,  shall  be 
equally  divided  between  them,  in  such  manner  as  the  register  and  re- 
ceiver shall  direct,  so  as  to  secure,  as  far  as  may  be  practicable,  to  each 
person,  their  improvements,  respectively :  Provided,  That  in  no  instance    Proviso, 
shall  any  person  be  entitled  to  a  preference  in  the  purchase  for  more 
than  one  quarter-section  of  land,  in  addition  to  his  portion  of  the  frac- 
tional quarter-section  on  which  he  is  settled,  (a) 

SEC.  4.  And  be  it  further  enacted,  That  any  person,  or  persons,  who    Any  person  set- 
have  settled  on  and  improved  any  of  the  lands  in  the  said  Territory,  re-  ^pd  on,  &c.,  any 
served  for  the  use  of  schools,  and  who  would  have  had  the  right  of  pre-  JandsshaU  have 
emption  thereto  by  this  law,  had  not  the  same  been  so  reserved,  shall  the  right  of  pre- 
have  the  right  of  pre-emption  under  the  same  terms  and  conditions,  and  emption,  &o. 
subject  to  the  same  restrictions,  provided  for  in  other  cases  of  a  right 
of  pre-emption  in  said  Territory  to  a  quarter-section  of  unappropriated 
lands  in  the  same  township,  and  as  near  adjacent  as  lands  of  like  quan- 
tity can  be  obtained.  (&) 

(a)  See  Nos.  1630, 1651, 1652,  1667,  1670,  1672,  1684,  1691,  1692, 1695, 1713,  1714. 

(b)  See  Nos.  1642,  1649,  1665,  1668,  1674. 


No.  1636. — AN  ACT  to  confirm  the  reports  of  the  commissioners  for  ascertaining     April  22, 1826. 
claims  and  titles  to  lands  in  West  Florida,  and  for  other  purposes.  Vol.  4,  p.  156. 

Be  it  enacted,  <$-c.,  That  all  the  decisions  made  by  the  commissioners,  D  .  .  amade 
appointed  to  ascertain  claims  and  titles  to  lands  in  the  district  of  West  t>y  the  commis- 
Florida,  made  iii  favour  of  claimants  to  lands  and  lots  in  said  district,  sioners  appoint- 
contained  in  the  reports,  opinions,  and  abstracts,  of  the  commissioners,  ed .  to  ascertain 
which  have  been  transmitted  to  the  Secretary  of  the  Treasury,  accord-  f.}^8'  •  &Cwest 
ing  to  law,  be,  and  the  same  are  hereby,  confirmed.  Florida,  confirm- 

SEC.  2.  And  ~be  it  further  enacted,  That  all  the  reports,  abstracts,  and  ed. 
opinions,  made  and  forwarded  by  the  two  commissioners  in  said  dis-     Reports  recog- 
trict,  subsequently  to  the  first  day  of  January,  eighteen  hundred  and  ™ed    a9  vaM> 
twenty-five,  the  period  at  which  that  board  expired  by  law,  be,  and  the 
same  are  hereby,  recognised  as  valid,  and  confirmed  as  aforesaid ;  and 
the  said  commissioners,  and  their  secretary,  shall  be  entitled  to  receive 
the  same  compensation  as  they  were  authorized  to  demand  by  law, 
prior  to  that  day,  up  to  the  time  at  which  the  receiver  and  register  took 
possession  of  their  records,  in  obedience  to  an  act  of  the  third  day  of 
March,  eighteen  hundred  and  twenty-five,  entitled  "An  act  to  extend 
the  time  tor  the  settlement  of  private  land  claims,  in  the  Territory  of 
Florida,"  &c. 

SEC.  3.  And  be  it  further  enacted,  That  the  Spanish  claims  contained  The  Spanish 
in  special  reports,  from  oue  to  thirty,  reported  in  obedience  to  the  fourth  olaims  contained 
section  of  an  act  of  Congress,  approved  May  eighth,  eighteen  hundred  ™orts,Pactof  May 
and  twenty-two,  entitled  "  An  act  for  ascertaining  claims  and  titles  to  s,  1822,  confiim- 
lands  in  the  Territory  of  Florida,"  be,  and  the  same  are  hereby,  con-  ed. 
firmed  to  the  claimants  in  possession. 

SEC.  4.  And  be  it  further  enacted,  That  the  claims  to  lots  in  report  and  .  Claims  to  lots 
abstract  K,  recommended  1'or  confirmation  as  equitable  titles,  with  the  in.  reP°rt,  &c., 
exception  of  the  last  ten,  be,  and  the  same  are  hereby,  declaied  valid  J^n,  " 

and  confirmed,  and  the  claim  of  the  Catholic  inhabitants  to  a  lot  on  &c. ' 


666  FLORIDA. 

which  the  church  stands,  be,  and  the  same  is  hereby,  confirmed  to  them 
for  that  use,  so  long  as  it  is  occupied  for  that  purpose. 

Claims  contain-      SEC.  5.  And  be  it  further  enacted,  That  the  claims  contained  in  the  re- 
ed in  the  report  pOrt  of  the  receiver  and  register,  made  to  the  Secretary  of  the  Treasury, 
of  the   register,  -n  obe(jience  to  a  law  of  the  last  session  of  Congress,  dated  the  thir- 
teenth  day  of  July,  eighteen  hundred  and  twenty-five,  be,  and  the  same 
are  hereby,  confirmed. 

Location  of  the     SEC.  6.  And  be  it  further  enacted,  That  the  claim  of  Francisco  and 
claim  of  Francis-  Fernando  Moreno,  near  Fort  San  Carlos  de  Barancas,  shall  be  so  located 
co  and  Fernando  ^  not  to  interfere  with  the  grounds  reserved  by  the  laws  and  ordinances 
of  the  Spanish  Government,  for  forts,  nor  with  that  which  has  been 
lately  selected  for  a  navy-yard  and  naval  depot,  by  the  navy  commis- 
sioners, and  approved  by  the  President  of  the  United  States. 

Claims  to  lands     SEC.  7.  And  be  it  further  enacted,  That  the  claims  to  lots  in  report  L, 
in  report  L,  with  with  the  exception  of  that  on  the  square  Ferdinand  Seventh,  be,  and 
the  exception  of  tlie  game  are  nere|)y>  approved  and  confirmed,  so  far  as  the  United 
square  "rerdi-  States  have  any  title  to  the  same,  without  prejudice  to  the  rights  of  the 
nand     Seventh,  corporation:  and  the  lots  reserved  for  market  house  and  other  public 
confirmed,  &c.     U8es,  in  the  plan  of  the  Constitutional  Cabildo,  are  relinquished  and 
confirmed  to  the  corporation  of  Pensacola ;  and  the  lots  reserved  and 
granted  for  church,  parish,  vicar,  school,  and  custom-house,  are  respect- 
ively set  apart  and  confirmed,  for  the  objects  set  forth  in  the  decrees  of 
said  Cabildo,  so  far  as  the  United  States  have  any  title  to  the  same, 
Proviso.  without  prejudice,  as  aforesaid:  Provided,  That  no  claim  on  the  public 

squares  of  Seville,  Ferdinand  Seventh,  and  the  square  and  garden  on 
which  the  court-house  stands,  as  laid  off  in  said  plan  of  the  Cabildo, 
Proviso  as  to  shall  be  allowed  or  recognised  as  valid,  by  this  act ;  And  provided  also, 
certain  claims.    That  the  confirmation  of  all  the  said  claims  provided  for  by  this  act, 
Confirmation  of  shall  amount  only  to  a  relinquishment  forever,  on  the  part  of  the  United 
all  claims   to  States,  of  any  claim  whatever  to  the  tract  of  land,  so  confirmed  or 
amount,  &c.         granted. 

Lands  fronting     SEC.  8.  And  be  it  further  enacted,  That  the  lands  fronting  Pensacola 

Pensacola  Bay,  gay>  from  tne  mouth  of  the  Big  Bayou,  to  a  line  below  Tartar  Point, 

from  sale^orThe  an^  thence  back  to  the  Bayou,  selected  by  the  navy  commissioners,  and 

use  of  the  United  all  the  lands  fronting  said  bay,  and  for  one  mile  back,  as  far  as  the 

States.  Grand  Lagoon,  shall  be  reserved  from  sale  or  location,  for  the  use  of 

the   navy-yard  or  depot,  and  for  other  public  works  of  the  United 

States. 

Accounts  of  the     SEC.  9.  And  be  it  further  enacted,  That  the  proper  accounting  officers 
commissioners  of  of  the  Treasury  Department  be,  and  they  are  hereby,  authorized  to  re- 
FJ^rida?         )S  ceive  and  adjust  the  accounts  of  the  commissioners  appointed  to  ascer- 
tain claims  and  titles  to  lands  in  East  and  West  Florida,  for  the  con- 
tingent expenses  of  said  commissioners,  and  to  pay  the  same  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  (a) 

(a)  See  Xos.  957,  961,  967   1268,  1624,  1629,  1630, 1631, 1633, 1634, 1640, 1641, 1643, 1647, 
1677, 1699, 1700, 1701, 1704, 1710. 

May  4,  1826.      No.  1637.— AN  ACT  to  authorize  the  President  of  the  United  States  to  run  and 
VoL  4,  p.  157.  mark  a  line  dividing  the  Territory  of  Florida  from  the  State  of  Georgia. 

The  President     Be  it  enacted,  $c.,  That  the  President  of  the  United  States  of  America 
States  %0  cause      '  an<?  ke  is  hereby,  authorized,  in  conjunction  with  the  constituted 
to  be   run   and  authorities  of  the  State  of  Georgia,  to  cause  to  be  run  and  distinctly 
marked,  the  line  marked  the  line  dividing  the  Territory  of  Florida,  from  the  State  of 
dividing  the  Ter-  Georgia,  from  the  junction  of  the  rivers  Chatahoochie  and  Flint,  to 
rro°mTthe  State1  of  *he  head  of  St>  Mary'8  River  :  and  for  that  purpose  he  is  hereby  author- 
Georgia.  ize<i  to  appoint  a  commissioner,  or  surveyor,  or  both,  as  in  his  opinion 
A  com  mis-  may  be  necessary  :  Provided,  That  the  line  so  to  be  run  and  marked, 
sioner  to  be  ap-  shall  be  run  straight  from  the  junction  of  said  rivers  Chatahoochie  and 
Proviso  Flint,  to  the  point  designated  as  the  head  of  St.  Mary's  River,  by  the 
commissioners  appointed  under  the  third  article  of  the  treaty  of  friend- 
ship, limits,  and  navigation,  between  the  United  States  of  America  and 
the  King  of  Spain,  made  at  San.  Lorenzo  el  Real,  on  the  seven  and 
twentieth  day  of  October,  one  thousand  seven  hundred  and  ninety-five : 
compensation.  And  provided,  also,  That  the  compensation  to  be  allowed  to  the  person 
or  persons,  so  to  be  appointed  by  the  President  of  the  United  States, 
shall  not  exceed  in  amount  the  compensation  allowed  by  the  govern- 
ment of  Georgia  to  the  person  or  persons  appointed  on  its  pait,  for  the 
same  object. 


FLOKIDA.  667 

SEC.  2.  And  be  it  further  enacted,  That  the  person  or  persons,  so  to  be     Two  fair  drafts 
appointed  by  the  President  of  the  United  States,  with  such  as  have  been  or  maps   to   be 
or  shall  be  appointed  for  the  same  purpose,  on  the  part  of  the  State  of  ™^j  6&c       °ertl 
Georgia,  after  they,  in  conjunction,  shall  have  run  and  distinctly  marked 
said  line,  shall  make  two  fair  drafts,  or  maps  thereof,  both  of  which 
shall  be  certified  by  them,  and  one  of  which  shall  be  deposited  in  the 
office  of  the  Secretary  of  State  for  the  United  States,  and  the  other  de- 
livered to  the  Governor  of  Georgia. 

SEC.  3.  And  be  it  further  enacted,  That  for  the  purpose  of  carrying  this     Appropriation, 
act  into  execution,  the  sum  of  five  thousand  dollars  be,  and  hereby  is, 
appropriated,  to  be  paid  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  (a) 

(a)  See  Nos.  1499, 1625, 1626, 1627, 1628, 1646, 1673, 1674. 


No.  1638.- AN  ACT  for  the  relief  of  William  Hambly  and  Edmund  Doyle.  May  16,  1826. 

Be  it  enacted,  $c.,  That;  there  be  granted  to  William  Hambly  and  Ed- 


mund Doyle,  each,  a  tract  of  land  of  six  hundred  and  forty  acres,  in  one  A  tract  of  land 
body,  in  lieu  of  tracts  of  the  same  quantity,  which  they  respectively  g^u  of 
claimed,  and  were  entitled  to  by  the  opinion  of  the  commissioners  for 
ascertaining  claims  and  titles  to  land  in  West  Florida,  situated  on  the 
Appalachicola  River,  and  which,  by  a  late  treaty  with  the  Indians  of 
the  Territory  of  Florida,  were  reserved  for  chiefs,  to  be  located  on  un- 
inhabited lands,  under  the  direction  of  the  receiver  and  register  of  the 
land  office  of  West  Florida,  within  twelve  months  from  the  passage  of 
this  act ;  and  that  they  be,  respectively,  entitled  to  patents  for  the  same, 
upon  the  presentation  of  certificates  of  survey  thereof,  to  the  Commis- 
sioner of  the  General  Land  Office  ;  and  that,  if  the  location  be  not  made 
before  the  survey  of  the  public  lands,  the  said  tract  shall  be  bounded 
by  sectional  lines :  Provided,  That  this  act  shall  only  be  considered  as  a 
relinquishment  of  title  on  the  part  of  the  United  States. 


No.  1639.— AN  ACT  to  provide  for  the  location  of  the  two  townships  of  land  re-  Jan.  29,  1827. 
served  for  a  seminary  of  learning  in  the  Territory  of  Florida,  and  to  complete  the  Vol.  4,  p.  201. 
location  of  the  grant  to  the  Deaf  and  Dumb  Asylum  of  Kentucky. 


Tie  it  enacted,  $~c.,  That  the  township  of  land  reserved  in  the  district  The  township 
of  East  Florida,  by  an  act  of  Congress,  approved  the  third  day  of  of  land  reserved 
March,  one  thousand  eight  hundred  and  twenty- three,  for  a  seminary  j0rBl.senainar?,°^ 
of  learning,  shall  be  located  east  of  the  Appalachicola  River,  and  may  dlstrictf'of ^as^ 
be  located  in  sections  corresponding  with  any  of  the  legal  divisions  into  Florida,  by  act  of 

— ,"U2-,"U    x"U  ~    -~._i,i'       i Ji -_    _  .LI • ji    j_  _    -i    _  t  i    i       •      i  njrn«.n.'U      <*A      -i  o.io 


aforesaid  act,  so  far  as  it  is  covered  by  the  claims  of  those  entitled  to 
the  right  of  pre-emption,  by  the  act  approved  the  twenty-second  of 
April,  one  thousand  eight  hundred  and  twenty-six,  shall  be  located  in 
sections  upon  any  unappropriated  lands  in  said  district  of  country, 
until  the  amount  taken  by  said  interferences  shall  be  satisfied  and  dis- 
charged. 

SEC.  2.  And  be  it  further  enacted,  That  the  governor  and  legislative     Power  given  to 
council  of  said  Territory  shall  have  power  to  take  possession  of  the  the  governor  to 
lands  granted  for  the  use  of  schools  and  for  a  seminary  of  learning,  and  lease  the  same- 
to  lease  the  same  from  year  to  year ;  and  the  money  arising  from  the 
rent  of  said  lands  shall  be  appropriated  to  the  use  of  schools,  and  the 
erection  of  a  seminary  of  learning,  in  such  manner  as  they  may  direct; 
and  they  shall  have  power  to  pass  laws  for  the  preservation  of  said  lands 
from  intrusion,  and  trespass  until  Florida  shall  be  admitted  into  the 
Union  as  a  State,  (a) 

**#***# 

(a)  See  Nos.  1630,  1655,  1674. 


668  FLORIDA. 

Pflb  8  1827         No    1640.— AN  ACT  to  provide  for  the  confirmation  and  settlement  of  private  land 
VoL  4,  p  202.  claims  in  East  Florida,  and  for  other  purposes. 

Decisions  made  Be  it  enacted,  fc.,  That  all  the  decisions  made  by  the  commissioners 
by  the  commis-  appointed  to  ascertain  claims  and  titles  to  land  in  the  district  of  East 
sioners appointed  Fjorida  and  those  recommended  for  confirmation,  under  the  quantity 
cMasCe&caitoof  three  thousand  five  hundred  acres,  in  favour  of  claimants  to  lands 
land  '  in  East  and  lots,  contained  in  the  reports,  abstracts,  and  opinions,  of  said  corn- 
Florida,  contain-  missioners,  which  have  been  transmitted  to  the  Secretary  of  the  Treas- 
ed  in  their  re-  urv>  accordiDg  to  law,  and  referred  by  him  to  Congress,  on  the  twenty- 
tted  toCthele£  first  of  February,  eighteen  hundred  and  twenty-five,  and  the  twenty- 
re  tary  of  the  first  of  February,  eighteen  hundred  and  twenty-six,  be,  and  the  same 
Treasury,  c  o  n  -  are  hereby,  confirmed. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  conflicting  Spanish  claims, 
flictlmTspanish  reported  in  obedience  to  the  fourth  section  of  an  act  of  Congress,  ap- 
claimsconnrmed.  proved  May  the  eighth,  eighteen  hundred  and  twenty-two,  entitled 
"An  act  for  ascertaining  claims  and  titles  to  lands  in  the  Territory  of 
Proviso.  Florida,"  be,  and  the  same  are  hereby  confirmed ;  Provided,  That  this 

confirmation  shall  only  operate  as  a  relinquishment  of  the  title  of  the 
Proviso.  United  States:  Provided  further,  That  nothing  in  the  aforegoing  sec- 

tions shall  be  construed  to  prevent  or  bar  the  judicial  decision  between 
persons  claiming  titles  to  the  lands  confirmed. 

Commons      in     SEC.  3.  And  be  it  further  enacted,  That  the  commons  in  the  city  of  St. 
the  city  of  Saint  Augustine  be,  and  the  same  are  hereby,  confirmed  to  the  corporation  of 

taned'fafthe  cor-  ***<*•  cit^'  to  the  8ame  extent  that  thev  were  U8ed»  claimed  and  enjoyed 
poration  under  the  Spanish  Government.  And  the  parochial  church  and  burying- 

Parochial  ground  in  possession  of  the  Roman  Catholic  congregation  are  confirmed 
church,  &c.,  con-  ^o  them.:  and  the  old  Episcopal  church  lot  is,  hereby,  relinquished  and 
Ola  Episcopal  confirmed  to  the  Incorporated  Episcopal  church  of  St.  Augustine  :  Pro- 
church  lot  relin-  vided  always,  That  the  grants  in  this  section  specified  shall  forever  inure 
quished.  to  the  purposes  for  which  they  are  confirmed,  and  shall  not  be  alienated 

without  the  consent  of  Congress. 

Duty  of  thesec'     SEC.  4.  And  belt  further  enacted,  That  it  shall  be  the  duty  of  the  sec- 
retary of  the  late  retary  of  the  late  board  of  commissioners  to  deliver  over  to  the  receiver 
ers-    and  register,  to  be  appointed  for  the  district  of  East  Florida,  all  records, 
evidence,  and  papers,  in  the  possession  of  said  board,  relating  to  claims 
Duty  of  the  and  titles  to  land,  in  said  district ;  and  it  shall  be  the  duty  of  said  re- 
register and  re-  ceiver  and  register,  to  examine  and  decide  all  claims  and  titles  to  land, 
in  East  Florida,  not  heretofore  decided  by  the  late  board  of  commis- 
sioners, subject  to  the  limitations,  and  in  conformity  with  the  provisions 
of  the  several  acts  of  Congress  providing  for  the  adjustment  of  private 
land  claims  in  Florida. 

Claimants     to     SEC.  5.  And  be  it  further  enacted,  That  the  several  claimants  to  land  in 
la  inf  8  h  Vwho8»  8aid  district,  whose  claims  have  not  been  heretofore  decided  on  or  filed, 
been18  heretofore  bef°re  the  late  board  of  commissioners,  be  permitted  to  file  their  claims, 
decided    on,    or  and  the  evidence  in  support  of  them,  with  the  register  and  receiver  of 
filed,  to  file  them  said  district,  and  evidence  in  support  of  those  filed  before  said  board,  at 
forenthe1Il8t  of  any  time  before  the  firet  of  November  next,  whose  duty  it  shall  be  to 
November  next.  reP°rt  the  same,  with  their  decision  thereon,  and  those  already  filed,  to 
the  Secretary  of  the  Treasury,  on  or  before  the  first  day  of  January, 
one  thousand  eight  hundred  and  twenty-eight,  to  be  laid  before  Con- 
gress at  the  next  session. 

Receiver    and     SEC.  6.  And  be  it  further  enacted,  That  the  receiver  and  register  shall 
register    to    re-  have  power  to  appoint  a  clerk,  and  prescribe  his  duties ;  and  the  receiver 
annralcom^  and  register  8na11  eacn  *>e  entitled  to  receive  the  sum  of  fifteen  hundred 
sation,  *i,500,and  dollars  per  annum,  to  be  paid  quarterly  out  of  any  money  in  the  Treas- 
to  appoint  a  clerk  ury  not  otherwise  appropriated,  as  a  full  compensation  for  the  per- 
^  n^tif™nryformance  of  tlieir  dnties  as  receiver  and  register,  and  the  additional 
duties  required  by  this  act,  and  shall  not  be  allowed  any  other  fees  or 
commissions  whatever ;  and  the  clerk  appointed  by  them  shall  be  al- 
lowed the  sum  of  one  thousand  dollars,  to  be  paid  quarterly  out  of  any 
Keepers  of  the  monev  in  the  Treasury  not  otherwise  appropriated. 

public  archives  SEC.  7.  And  be  it  further  enacted,  That  the  keepers  of  public  archives 
to  furnish  to  the  of  East  and  West  Florida  shall  furnish  to  the  surveyor  of  public  lands 
fk^amhHn  Flor-' in  Florida>  without  delay,  a  description  of  each  claim  to  laud,  which 
iua,  a  description  8Da11  nave  Deen  confirmed,  which  shall  specially  designate  the  quantity, 
of  each  claim  to  locality  and  connection  of  such  claim  ;  and  where  the  confirmation  may 
which  Tallin!  have  been  made  on  a  grant°r  survey,  a  copy  of  the  courses  and  dis- 
mally designate  tance8  contained  in  such  grant  or  survey,  and  the  date  of  the  survey  or 
the  quantity, &c.,  grant ;  and  it  shall  be  the  duty  of  the  surveyor  of  public  lands  in  Florida, 
of  such  claim.  to  cause,  under  such  instructions  as  he  may  receive  from  the  Treasury 


FLORIDA.  669 

Department,  the  said  claims  to  be  surveyed,  and  connected  with  the 
township  lines  of  the  public  surveys,  and  to  give  to  them  their  proper 
township  and  sectional  numbers,  agreeably  to  such  descriptions  ;  and 
he  shall  make  separate  plats  and  certificates  of  survey  of  the  same,  one 
of  which  shall  be  returned  to  the  office  of  the  register  of  the  land  office 
for  the  district  in  which  the  land  may  lie,  and  the  other  shall  be  deliv- 
ered to  the  claimant.  But  it  shall  be  the  duty  of  the  surveyor  to  with- 
hold his  certificate,  if  he  shall  have  reason  to  believe  that  the  lands 
claimed  are  other  lands  than  those  intended  to  be  confirmed;  or  if  it  shall 
appear  that  the  survey,  under  which  the  land  is  claimed,  has  been  made 
subsequent  to  the  date  of  the  survey  under  which  the  claim  was  con- 
firmed. 

SEC.  8.  And  be  it  further  enacted,  That  so  soon  as  the  said  tracts  of  land     Dutyofthe 
shall  have  been  thus  surveyed,  and  the  surveys  thereof  returned  to  the  res}?*®r  to,  issue 
office  of  the  proper  register,  it  shall  be  the  duty  of  the  said  register  to  Sro  Jf   «BtaJ' 
issue  certificates  in  favour  of  the  claimants  entitled  thereto  ;  and,  if  it  ants. 
shall  appear,  to  the  satisfaction  of  the  Commissioner  of  the  General 
Land  Office,  that  the  certificates  have  been  fairly  obtained,  and  corre- 
spond with  the  transcripts  transmitted  to  the  Secretary  of  the  Treasury, 
and  the  plat  returned  by  the  surveyor,  patents  shall  be  granted,  in 
like  manner  as  is  provided  by  law  for  the  other  public  lands  of  the 
United  States. 

SEC.  9.  And  be  it  further  enacted,   That  the  surveyor  of  the  public    Duty  of   the 
lands  shall  designate  on  the  township  plats  the  claims  for  which  he  surveyor. 
shall  have  refused  to  issue  his  certificates  of  survey. 

SEC.  10.  And  be  it  further  enacted,  That  the  expense  of  surveying  all     Expense  of 


claims  founded  on  surveys  or  grants  shall  be  paid  by  the  United  States  :  » 

Provided,  The  same  shall  not  exceed  four  dollars  per  mile,  for  every  £ed  states. 
mile  actually  run  and  marked. 

SEC.  11.  And  be  it  further  enacted,  That  no  patent  shall  issue,  without    Patents. 
the  consent  of  the  parties,  for  lands,  the  claims  to  which  may  have  been 
confirmed  on  surveys,  which  interfere  with  each  other,  until  a  legal 
decision  shall  have  been  had  on  the  same. 

SEC.  12.  And  be  it  further  enacted,   That  the  holders  of  claims  over     Course   to   be 
three  thousand  five  hundred  acres,  which  have  been  filed  with  the  com-  pursued  by  the 
missioners,  or  with  the  register  and  receiver  of  the  land  office  for  West  over  three  tS 
Florida,  acting  as  commissioners  for  adjudicating  on  claims,  or  of  claims  sand  five   hun- 
which  have  been  filed  with  the  commissioners  for  adjudicating  claims  dred  acres. 
to  land  in  East  Florida,  or  which,  under  the  provisions  of  this  act,  may 
be  filed  with  the  register  and  receiver  of  the  land  office  for  East  Flor- 
ida, and  which  claims  have  not  been  reported  against  by  the  said  com- 
missioners, or  by  the  register  and  receiver,  shall  cause  the  same  to  be  so 
connected  with  'the  township  lines  of  the  public  surveys,  and  shall  fur- 
nish to  the  surveyor  of  the  public  lands  in  Florida,  such  information 
as  will  enable  him  to  exhibit,  accurately,  the  said  claims  on  his  town- 
ship plats,  and  the  lands  thus  claimed  shall  be  reserved  from  sale  :  Pro-    Proviso. 
vided,  The  information  required  to  enable  the  surveyor  to  exhibit  them 
on  the  township  plats,  shall  have  been  furnished  to  him  within  one  year 
after  the  lines  of  the  townships,  within  which  such  claims  may  lie, 
shall  have  been  run  ;  or,  where  the  township  lines  have  already  been 
run,  within  one  year  from  the  passage  of  this  act. 

SEC.  13.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the    Duty  of  the 
register  and  receiver  at  Tallahassee,  to  deliver  over  to  the  keeper  of  the  register  an^  T&- 
public  archives  of  West  Florida,  all  the  records  and  papers  of  the  late  ce 
board  of  commissioners  for  West  Florida  ;  and  it  shall  be  the  duty  of 
the  register  and  receiver  of  the  land  office  for  East  Florida,  to  deliver 
to  the  keeper  of  the  public  archives  of  East  Florida,  all  the  records 
and  papers  of  the  late  board  of  commissioners  for  East  Florida,  relating 
to  claims  confirmed  by  this  act.  (a) 

SEC.  14.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  The  governor 
governor  and  legislative  council  to  sell  one  of  the  reserved  quarter-sec-  council  &8io  aseU 
tions  of  land,  near  Tallahassee,  and  apply  the  proceeds  to  the  erection  one  of  the  re- 
of  public  buildings  ;  and  it  shall  be  lawful  for  them  to  reserve  such  served  quarter- 
portion  of  the  quarter-  section  to  the  town  of  Tallahassee,  contiguous  sections  of  land 
to  the  creek  and  water-fall,  as  may,  in  their  opinion,  contribute  to  the  ^d  apply  the 
health  and  convenience  of  the  inhabitants  ;  and  they  shall  have  power  proceeds  to  the 
to  pass  laws  for  the  preservation  of,  and  expulsion  from,  the  other  two  erection  of  public 
reserved  quarter-sections,  all  intruders,  and  to  abate  all  nuisances  ;  buildings. 
which  said  two  reserved  quarter-sections  shall  be  reserved  for,  and 
vested  in,  the  State,  should  that  Territory  ever  be  erected  into  one.  (&) 


G70  FLORIDA. 

Persons  whose  SEC.  15.  And  be  it  further  enacted,  That  the  three  persons  whose  im- 
improvement  s  pro  vements  were  included  in  the  reserves  made  to  certain  Indian  chiefs, 
were  included  in  jn  ^e  treaty  with  the  Florida  Indians,  of  the  eighteenth  of  September, 
the  rrtatoludian  one  thousand  eight  hundred  and  twenty-three,  shall  be  entitled  to  a  pre- 
chiefs  in  the  eruption  to  the  same  quantity  of  land,  in  said  district,  upon  the  same 
treaty  of  Sept,  terms  and  conditions  as  other  pre-emptions,  to  be  located  under  the  di- 
isth.*  ic-i),  enti-  ration  of  the  receiver  and  register,  upon  the  production  of  proof  that 


tion  to  £?«•£  they  would  have  Veen  entitled  to  the  provisions  of  the  act  granting  the 
quantity  of  land,  right  of  pre-emption,  if  the  reserves  had  not  been  made. 

(a)  See  Xos.  957,  961,  967,  1268,  1624,  1629,  1630,  1631,  1633,  1634,  1636,  1641,  1643,  1647, 
1677  1699,  1700.  1701.  1704,  1710. 

(&)  See  STos.  1632,  1642,  1674. 


May  23,  1828.     No.  1641.— AN  ACT  supplementary  to  the  several  acts  providing  for  the  settle- 
Vol.  4.  p.  284*.  ment  and  confirmation  of  private  land  claims  in  Florida. 

The  three     Be  it  enacted,  $c.,  That  the  three  claims  to  land  in  the  district  of  West 

claims  to  land  in  Florida,  contained  in  the  reports  of  the  commissioners,  and  numbered 

the    district    of  fonrj  eight,  and  ten,  excluding  from  the  latter  the  land  contained  in 

contained  inthe  certificate,  and  in  the  plats  A.  and  C.,  and  the  claims  contained  in  the 

reports    of    the  reports  of  the  commissioners  of  East  Florida,  and  in  the  reports  of  the 

commissioners,  receiver  and  register,  acting  as  such,  made  in  pursuance  of  the  several 

"n^io^exc'lud  acts  of  Congress  providing  for  the  settlement  of  private  land  claims  in 

in<*  from  the  lat-  Florida,  and  recommended  for  confirmation  by  said  commissioners,  and 

ter  the  land  con-  by  the  register  and  receiver,  be,  and  the  same  are  hereby,  confirmed  to 

tained  in  certifi-  the  extent  of  the  quantity  contained  in  one  league  square,  to  be  located 

olats  A^aml  ^  bv  tlie  claimants,  or  their  agents,  within  the  limits  of  such  claims  or 

&c.,  confirmed.  '  surveys  tiled,  as  aforesaid,  before  the  said  commissioners,  or  receiver  and 

register,  which  location  shall  be  made  within  the  bounds  of  the  original 

grant,  in  quantities  of  not  less  than  one  section,  and  to  be  bounded  by 

sectional  lines. 

Xo  more  than      SEC.  2.  And  be  it  further  enacted,  That  no  more  than  the  quantity  of 
the  quantity  of  acres  contained  in  a  league  square,  shall  be  confirmed  within  the  bounds 
Salla-Squlre  of  any  one  Srant :  and  no  confirmation  shall  be  effectual  until  all  the 
shall  be  confirm-  parties  in  interest,  under  the  original  grant,  shall  file  with  the  register 
ed    within    the  and  receiver  of  the  district  where  the  grant  may  be  situated,  a  full  and 
bounds    of  any  finaj  release  of  all  claim  to  the  residue  contained  in  the  grant  :  and 
DO  grant.  &c.      wbere  there  shall  be  any  minors  incapable  of  acting  within  said  Terri- 
tory of  Florida,  a  relinquishment  by  the  legal  guardian  shall  be  suffi- 
cient ;  and  thereafter  the  excess  in  said  grants,  respectively,  shall  be 
liable  to  be  sold  as  other  public  lands  of  the  United  States. 

All  the  deci-  SEC.  3.  And  be  it  further  enacted,  That  all  the  decisions  made  by  the 
sions  made  by  register  and  receiver  of  the  district  of  East  Florida,  acting  ex  officio,  as 
of  the§fsSct  of  commissioners,  in  pursuance  of  an  act  of  Congress,  approved  the  eighth 
East  Florida,  as  of  February,  one  thousand  eight  hundred  and  twenty-seven,  authorizing 
commissioners  them  to  ascertain  and  decide  claims  and  titles  to  lauds  in  the  district, 
underlet  of  Feb.  aforesaid,  and  those  recommended  for  confirmation  under  the  quantity 
mended'  fo^Ton-  °^  *nree  thousand  five  hundred  acres,  contained  in  the  reports,  abstracts, 
firmation,  con-  and  opinions,  of  the  said  register  and  receiver,  transmitted  to  the  Secre- 
firmed.  tary  of  the  Treasury,  according  to  law,  and  referred  by  him  to  Congress, 

on  che  twenty-ninth  January,  one  thousand  eight  hundred  and  twenty- 
eight,  be,  and  the  same  are  hereby,  confirmed.    The  confirmations  au- 
thorized by  this  act  shall  operate  only  as  a  release  of  any  claim  had  by 
the  United  States,  and  not  to  affect  the  interest  of  third  persons. 
Register     and     SEC.  4.  And  be  it  further  enacted,  That  the  said  register  and  receiver 
amfneT  d*d    ?f  &^^\  continue  to  examine  and  decide  the  remaining  claims  in  East 
the  remain in|  Flori.da>  8ubJect  to  the  8ame  limitations  and  in  conformity  with  the 
claims  in    East  provisions  of  the  several  acts  of  Congress,  for  the  adjustment  of  private 
Florida,  &c.         land  claims  in  Florida,  until  the  first  Monday  in  December  next,  when 
they  shall  make  a  final  report  of  all  the  claims,  aforesaid,  in  said  dis- 
trict, to  the  Secretary  of  the  Treasury;  audit  shall  never  be  lawful, 
after  that  time,  for  any  of  the  claimants  to  exhibit  any  further  evidence 
in  support  of  said  claims.    And  the  said  register  and  receiver,  and  clerk, 
shall  receive  the  compensation  provided  in  the  act  aforesaid,  to  be  paid 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated  :  Prorided, 
That  the  extra  compensation  of  one  thousand  dollars,  each,  which  is 
hereby  allowed  to  the  register  and  receiver,  for  services  under  and  by 
the  provisions  of  this  act,  shall  not  be  paid  until  a  report  of  all  the 
claims  be  made  to  the  Secretary  of  the  Treasury. 


FLORIDA.  671 

SEC.  5.  And  be  it  further  enacted,  That  the  proper  accounting  officers  Accounting 
of  the  Treasury  be,  and  they  are  hereby,  authorize  to  adjust  and  pay  the  officers  of  the 
accounts  of  the  register  and  receiver,  acting  as  commissioners,  their  con-  j^J^Jf  t^e  Jj 
tingent  expenses,  and  the  receiver  the  compensation  heretofore  allowed  counts  Of  thereg- 
for  bringing  their  reports  to  Washington,  out  of  any  money  in  the  later  and  receiv- 
Treasury  not  otherwise  appropriated.  er>  &c- 

SEC.  6.  And  be  it  further  enacted,  That  all  claims  to  land  within  the     Claims  not  de- 
Territory  of  Florida,  embraced  by  the  treaty  between  Spain  and  the  ^titd    by    the 
United  States  of  the  twenty-second  of  February,  one  thousand  eight  commissioners  to 
hundred  and  nineteen,  which  shall  not  be  decided  and  finally  settled  be  decided  by  the 
under  the  foregoing  provisions  of  this  act,  containing  a  greater  quantity  judge  of  the  su- 
of  land  than  the  commissioners  were  authorized  to  decide,  and  above  ^"district 
the  amount  confirmed  by  this  act:  and  which  have  not  been  reported, 
as  antedated  or  forged  by  said  commissioners,  or  register  and  receiver 
acting  as  such,  shall  be  received  and  adjudicated,  by  the  judge  of  the 
superior  court  of  the  district  within  which  the  land  lies,  upon  the  peti- 
tion of  the  claimant,  according  to  the  forms,  rules,  regulations,  condi- 
tions, restrictions,  and  limitations  prescribed  to  the  district  judge,  and 
claimants  in  the  State  of  Missouri,  by  act  of  Congress,  approved  May 
twenty-sixth,  eighteen  hundred  and  twenty-four,  entitled  "An  act  en- 
abling the  claimants  to  lands  within  the  limits  of  the  State  of  Missouri, 
and  Territory  of  Arkansas,  to  institute  proceedings  to^try  the  validity 
of  their  claims  :"  Provided,  That  nothing  in  this  section  shall  be  con-     Proviso, 
strued  to  authorize  said  judges  to  take  cognisance  of  any  claim  annulled 
by  the  said  treaty,  or  the  decree  ratifying  the  same  by  the  King  of 
Spain,  nor  any  claim  not  presented  to  the  commissioners  or  register  and 
receiver,  in  conformity  to  the  several  acts  of  Congress,  providing  for 
the  settlement  of  private  land  claims  in  Florida. 

SEC.  7.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  Claimant  may 
claimants  to  lands,  as  aforesaid,  to  take  an  appeal,  as  directed  in  the  appeal  to  the  Su- 
act  aforesaid,  from  the  decision  of  the  judge  of  the  district,  to  the  Su- Preme  Court  of 
preme  Court  of  the  United  States,  within  four  months  after  the  decision  states  "within 
shall  be  pronounced  ;  and  the  said  judges  shall  each  be  entitled  to  re-  four  months  after 
ceive  the  extra  compensation  given  to  the  district  judge  of  Missouri,  for  the  decision  shall 
the  performance  of  the  duties  required  by  this  act,  out  of  any  money  in  *|e  pronounced, 
the  Treasury  not  otherwise  appropriated. 

SEC.  8.  And  be  it  further  enacted,  That  so  much  of  the  said  act,  the     Costs, 
provisions  of  which,  so  far  as  they  are  applicable,  and  are  not  altered 
by  this  act,  are  hereby  extended  to  the  Territory  of  Florida,  as  subjects 
the  claimants  to  the  payment  of  costs  in  any  case  where  the  decision 
may  be  in  favour  of  their  claims,  be,  and  the  same  is  hereby,  repealed  ; 
and  the  costs  shall  abide  the  decision  of  the  cause  as  in  ordinary  causes 
before  the  said  court.    And  so  much  of  the  said  act  as  requires  the    Repeal  of  cer- 
claimants  to  make  adverse  claimants  parties  to  their  suits,  or  to  show  tain  provisions, 
the  court  what  adverse  claimants  there  may  be  to  the  land  claimed  of 
the  United  States,  be  also  hereby  repealed. 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  at-  Attorney  o  f 
torney  of  the  United  States  for  the  district  in  which  the  suits  authorized  t  h  e  U  n  i  ted 
by  this  act  shall  be  instituted,  in  every  case  where  the  decision  is  Strict  inwhich 
against  the  United  States,  to  make  out  and  transmit  to  the  Attorney-  the  suits  author- 
General  of  the  United  States,  a  statement,  containing  the  facts  of  the  ized  by  this  act 
case,  and  the  points  of  law  on  which  the  same  was  decided :  and  it  shall  ^all  be  institut- 
be  the  duty  of  the  Attorney-General,  in  all  cases  where  the  claim  exceeds  ^ere  ^he^d^ci^ 
one  league  square,  and  in  all  other  cases,  if  he  shall  in  such  latter  cases  8i0n  is  against 
think  the  decision  of  the  district  judge  is  erroneous,  to  direct  an  appeal  the  United 
to  be  made  to  the  Supreme  Court  of  the  United  States,  and  to  appear  Sttte8|d  ^JJjSt 
for  the  United  States,  and  prosecute  such  appeal :  which  appeal  in  be-  °^  the  Attorney- 
half  of  the  United  States  may  be  granted  at  any  time  within  six  months  General  a  state- 
after  the  rendition  of  the  judment  appealed  from,  or  at  any  time  before  ment  containing 
the  expiration  of  the  term  thereof,  which  may  commence  next  after  the  tne  ™P|;S  of 
expiration  of  said  six  months ;  and  it  shall  be  the  further  duty  of  the  dis- 
trict  attorney  to  observe  the  instruction  given  to  him  by  the  Attorney- 
General  in  that  respect. 

SEC.  10.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  Pres-  The  President 
ident  of  the  United  States  to  appoint  a  law  agent,  whose  special  duty  it  of  the  United 
shall  be  to  superintend  the  interests  of  the  United  States  in  the  premises,  £ta™s  ^eSt.to 
to  continue  him  in  place  as  long  as  the  public  interest  requires  his  con-  superintend,  &c. 
tinuance;  and  to  allow  such  pay  to  the  agent  as  the  President  may 
think  reasonable.  It  shall  also  be  the  duty  of  said  agent  to  collect  tes-  Duty  of  the 
timony  in  behalf  of  the  United  States,  and  to  attend,  on  all  occasions,  agent. 


(,72  FLORIDA. 

when  said  claimants  may  take  depositions ;  and  no  deposition  so  taken 
by  them  shall  be  read  as  evidence,  unless  said  agent  or  district  attorney 
shall  have  been  notified,  in  writing,  of  the  time  and  place  of  taking 
them,  so  long  previotfs  to  said  time  as  to  afford  to  him  an  opportunity 
of  being  present. 

The  President     SEC.  11.  And  be  It  further  enacted,  That  it  shall  be  lawful  for  the 
to  appoint  assist-  President  to  employ  assistant  counsel,  if  in  his  opinion  the  public  in- 
ant  counsel.         terest  shall  require  the  same  :  and  to  allow  to  such  counsel  and  the  dis- 
trict attorney,  such  compensation  as  he  may  think  reasonable. 

Claims  to  lands,  SEC.  12.  And  be  it  further  enacted,  That  any  claims  to  lands,  tone- 
Ac.,  within  the  ments,  or  hereditaments,  within  the  purview  of  this  act,  which  shall 
purview  of  this  not  be  Drought  by  petition  before  said  court  within  one  year  from  the 
redafteM.Se  pas-  passage  of  this  act,  or  which,  after  being  brought  before  said  court, 
sage  of  this  act,  shall,  on  account  of  the  neglect  or  delay  of  the  claimant,  not  be  prose- 
if,°&c.  cuted  to  a  final  decision  within  two  years,  shall  be  forever  barred,  both 

at  law  and  in  equity ;  and  no  other  action  at  common  law,  or  proceed- 
ing in  equity,  shall  ever  thereafter  be  sustained  in  any  court  whatever. 
Decrees     ren-     SEC.  13,  And  be  it  further  enacted,  That  the  decrees  which  may  be  ren- 
dered by  said dis-  dered  by  said  district,  or  the  Supreme  Court  of  the  United  States,  shall 
C^rt^TJ nTtTd  be  conclusive  between  the  United  States  and  the  said  claimants  only, 
States  to  be  con-  and  shall  not  affect  the  interest  of  third  persons,  (a) 

elusive,  &c.  (a)  See  Nos.  957,  961,  967,  1268,  1624,  1629,  1630, 1631, 1633, 1634, 1636, 1640, 1643, 1647, 

1677, 1699, 1700,  1701,  1704,  1710. 


March  2, 1829.    IVo.  1 642. — AN"  ACT  to  authorize  the  establishment  of  a  town,  on  land  reserved  for 
VoL  4,  p.  357.        the  use  of  schools,  and  to  direct  the  manner  of  disposing  of  certain  reserved  quart er- 
_ sections^of  laud  for  the  seat  of  government  in  Florida. 


Certain  voters     Be  it  enacted,  #c.,  That  it  shall  and  may  be  lawful  for  the  qualified 
in  Jackson  Conn-  voters  in  township  five,  range  eleven,  north  and  west,  in  the  county  of 


eTect  com^nis^  Jackson,  in  the  Territory  of  Florida,  to  elect,  in  such  manner  as  may  be 


eect  comnis  ,  ,  , 

sioners  to  lay  off  directed  by  the  county  court  of  said  county,  three  fit  and  discreet  com- 
a  town  on  school  missioners,  who  shall  be,  and  they  are  hereby,  authorized,  by  and  with 
lands,  &c.  tne  consent  of  the  voters  of  said  township,  to  be  obtained  in  such  man- 

ner as  the  said  county  court  shall  direct,  to  lay  off  and  establish  a  town 
on  one  quarter  or  two  adjoining  eighths  of  the  sixteenth  section  of  the 
township  and  range  aforesaid,  reserved  by  law  for  the  use  of  schools, 
To  sell  half  the  and  to  make  sale  of  one-half  of  the  lots  at  public  auction  ;  and  the  money 
lots,  &c.  arising  from  said  sales  shall  be  paid  into  the  Territorial  treasury,  for  the 

For  benefit  of  sole  use  and  benefit  of  common  schools  in  said  township,  which  said 
schools.  sum  shall  be  subject  to  such  laws  as  may  hereafter  be  passed,  for  form- 

ing a  permanent  fund  from  the  said  reserved  lands,  for  the  support  of 
(  ommissioners  common  schools  ;  and  the  said  commissioners  shall  give  bond  and  secu- 
to  give  bond  and  rity,  to  the  satisfaction  of  the  «ounty  court,  for  the  performance  of  the 
duties  under  this  act,  and  the  payment  of  the  money  arising  from  the 
sales  of  the  lots  as  aforesaid,  (a) 

Certain  re-     SEC.  2.  And  be  it  further  enacted,  That  the  following  quarter-sections 

served  lands  of  land  which  have  been  heretofore  reserved  from  sale,  to  wit:  the 

3r'  northeast  and  northwest  quarters  of  section  thirty-six,  in  township  one, 

of  range  one,  north  and  west  ;  the  northeast,  southwest,  and  southeast 

quarters  of  section  one,  in  township  one,  of  range  one,  south  and  west  ; 

and  the  southwest  quarter  of  section  six,  in  township  one,  of  range  one, 

south  and  east,  shall  be  granted  to  the  Territory  of  Florida. 

Governor  and     SEC.  3.  And  be  it  further  enacted,  That  the  governor  and  legislative 

council  to  select  council  of  Florida,  or  a  majority  of  them,  be,  and  hereby  are,  authorized 

tionsq&c         !°~  to  8elect  any  two  of  tue  aforesaid  quarter-sections  of  land,  to  be  reserved 

for,  and  vested  in,  the  State,  should  the  Territory  of  Florida  ever  be 

erected  into  one,  in  conformity  to  the  provisions  of  the  fourteenth  sec- 

tion of  the  act  passed  on  the  eighth  of  February,  one  thousand  eight 

Residue  to  be  hundred  and  twenty  -seven  ;    and  the  residue  of  the  above-described 

sold,  &c.  quarter-sections  of  land,  or  any  part  thereof,  including  so  much  of  the 

northeast  quarter  of  section  one,  in  township  one,  of  range  one,  eouth 

and  west,  contiguous  to  the  creek  and  water-fall,  as  shall  not  be  re- 

served, agreeably  to  the  provisions  of  the  act  above  mentioned,  for  the 

town  of  Tallahassee,  shall  be  sold  in  such  manner,  and  at  such  time,  as 

Proceeds     ap-  the  governor  and  legislative  council  of  Florida  may  deem  proper,  and 

WM-  t0  -pUThiC  tne  Proceeds  applied  to  the  erection  of  public  buildings  in  Tallahassee; 

lahassef  any  act  or  acts  to  the  contrary  notwithstanding.  (6) 

(a)  SeeNos.  1635,  1649,  1665,  1668,  1G74, 
(6)  See  Kos.  1632,  1640,  1674. 


FLORIDA.  673 

No.  1643.— AN  ACT  to  provide  for  the  final  settlement  of  land  claims  in  Florida.     May  26,  1830. 

Be  it  enacted,  #c.,  That  all  the  claims  and  titles  to  land  filed  before  —      ' p' — 1__ 
the  register  and  receiver  of  the  land  office,  acting  as  commissioners,  in     Certain  claims 
the  district  of  East  Florida,  under  the  quantity  contained  in  one  league  £  o  n  armed,    ex- 
square,  which  have  been  decided  and  recommended  for  confirmation, 
contained  in  the  reports,  abstracts  and  opinions,  of  said  register  and 
receiver,  transmitted  to  the  Secretary  of  the  Treasury,  according  to 
law,  and  referred  by  him  to  Congress,  on  the  fourteenth  day  of  Janu- 
ary, one  thousand  eight  hundred  and  thirty,  be,  and  the  same  are  hereby 
confirmed,  with  the  exception  of  such  claims  as  were  confirmed  by  the 
Spanish  Government,  subsequent  to  the  twenty-fourth  of  January,  one 
thousand  eight  hundred  and  eighteen,  which  shall  be  re-examined  and     Keport  ^    be 
reported,  with  the  evidence  by  the  register  and  receiver,  before  the  next  iaia  before  Con- 
session  of  Congress,  to  the  Secretary  of  the  Treasury,  to  be  laid  before  gress. 
Congress. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  conflicting  Spanish  Conflicting 
claims,  reported  in  obedience  to  the  fourth  section  of  the  act  of  Con-  Spanish  claims 
gress,  approved  May  the  eighth,  one  thousand  eight  hundred  and  twenty-  co 
two,  and  recommended  for  confirmation  as  valid  titles,  be,  and  the  same 
are  hereby,  confirmed,  so  far  as  the  United  States  have  any  title  to  the 
same. 

SEC.  3.  And  be  it  further  enacted,  That  all  claims  derived  from  the     Certain    other 
former  British  Government,  contained  in  the  reports  of  the  commission-  claims  confirmed, 
ers  of  East  Florida,  or  the  register  and  receiver,  acting  as  such,  who  did 
not  avail  themselves  of  the  provisions  of  the  treaty  between  Spain  and 
England,  signed  at  Versailles  on  the  twentieth  of  January,  one  thousand 
seven  hundred  and  eighty-three,  by  leaving  said  province,  but  who 
remained  in  the  same,  and  became  Spanish  subjects,  and  whose  titles 
were  approved  by  the  Spanish  authorities,  and  have  been  recommended 
for  confirmation  by  said  commissioners,  or  register  and  receiver,  acting 
as  such,  be,  and  the  same  are  hereby,  confirmed. 

SEC.  4.  And  be  it  further  enacted,  That  all  the  remaining  claims  which    Remaining 
have  been  presented  according  to  law,  and  not  finally  acted  upon,  shall  claims  to  be  set- 
be  adjudicated  and  finally  settled  upon  the  same  conditions,  restrictions,  t*et*' 
and  limitations,  in  every  respect,  as  are  prescribed  by  the  act  of  Con- 
gress, approved  twenty-third  May,  one  thousand  eight  hundred  and 
twenty- eight,  entitled  "An  act  supplementary  to  the  several  acts  pro- 
viding for  the  settlement  and  confirmation  o'f  private  land  claims  in 
Florida." 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg-  Disposition  of 
ister  and  receiver  to  deliver  over  all  papers  relative  to  private  land  papers  relative 
claims  in  East  Florida  to  the  keeper  of  the  public  archives. 

SEC.  6.  And  be  it  further  enacted,  That  all  confirmations  of  land  titles,     Operation     of 
under  this  act,  shall  only  operate  as  a  relinquishment  of  the  right  of  confirmation, 
the  United  States  to  the  said  lands  respectively,  and  shall  not  be  con- 
strued either  as  a  guarantee  of  any  such  titles,  or  in  any  manner  affect- 
ing the  rights  of  other  persons  to  the  same  lands. 

SEC.  7.  And  be  it  further  enacted,  That  so  much  of  the  act  of  twenty-third 
of  May,  one  thousand  eight  hundred  and  twenty-eight,  as  directed  that 
the  selection  of  claimants  who  availed  themselves  of  the  first  section 
of  said  act  by  accepting  a  quantity  equal  to  one  league  square  within 
their  respective  grants,  which  confined  the  selection  to  sectional  lines, 
shall  not  be  held  to  extend  to  the  selection  by  the  claimants  of  a  greater 
quantity  than  a  section,  but  the  said  claimants  who  have,  or  may  here- 
after select,  under  the  provisions  of  said  law,  any  quantity  equal  to  the 
amount  granted  in  bodies  larger  than  a  section  in  the  form  of  any  Span- 
ish survey,  or  plat  of  survey,  or  where  the  sections  are  broken  by  any 
river,  the  said  land  so  selected,  or  which  may  ba  so  selected,  is  hereby 
confirmed  to  said  claimants ;  and  it  shall  be  the  duty  of  the  surveyor- 
general  to  make  a  survey  and  certificate  of  all  such  claims,  to  return  the 
same  to  the  Commissioner  of  the  General  Land  Office,  and  thereupon  a 

Eatent  shall  issue  to  the  original  grantee,  or  to  his  assignee,  if  the  land 
as  been  sold  or  transferred  to  any  other  person,  or  to  the  legal  owner 
by  purchase  or  descent. 

SEC.  8.  And  be  it  further  enacted,  That  the  claimants,  who  are  entitled     Time  for  relin- 
to  the  provisions  of  that  act,  or  who  may  avail  themselves  of  the  fore-  quishment      er- 
going  provisions  of  this  act,  by  taking  a  quantity  equal  to  a  league  tended, 
square  in  lieu  of  the  whole  grant,  shall  be,  and  they  are  hereby,  allowed 
the  further  time  of  one  year,  from  the  passage  of  this  act,  to  execute 
43  L  O — VOL  II 


674 


FLORIDA. 


Title  deeds. 


Ma; 


their  relinquishments,  and  to  file  their  acceptance  of  the-provisions  of 

SEC.  9.'  And  le  it  further  enacted,  That  it  shall  be  the  duty  of  the  reg- 
isters and  receivers  to  restore  to  the  claimants  the  title  deeds  on  which 
they  may  have  finally  rejected  the  claims,  (a) 

(a)  SeeNos.  957,  961,  967, 1268, 1624, 1623, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1647, 1677, 
1699,1700,1701,1704,1710. 


May  sw,  is-iu 
Vol.  6,  p.  444. 


No.  1644. — AN  ACT  for  the  relief  of  Alexander  Love. 

e  n  enacted,  #c.,  That  Alexander  Love  be,  and  he  is  hereby,  con- 
Land  title  con-  nrmed  in  his  title  to  two  thousand  arpents  of  land  situated  on  the  east 
rmed<  side  of  the  river  Perdido,  in  the  Territory  of  Florida,  to  be  located  ac- 
cording to  a  plat  and  survey  made  of  the  same,  on  the  tenth  of  April, 
eighteen  hundred  and  twenty-one.    And  the  Commissioner  of  the  Gen- 
eral Land  Office,  upon  being  presented  with  a  plat  and  survey  of  said 
land,  regularly  made  as  aforesaid,  shall  issue  a  patent  therefor :  Pro- 
vided, That  this  act  shall  amount  only  to  a  reliuquishment  on  the  part 
of  the  United  States,  and  shall  in  no  manner  affect  the  rights  of  third 
persons,  or  claim  derived  from  the  United  States  by  purchase  or  dona- 


firmed 


Proviso. 


tion. 


March  2,  1831.    No.  1645.— AN  ACT  to  authorize  the  Territory  of  Florida  to  open  a  canal  through 
VoL  4,  p.  474.        the  public  lands  between  Chipola  River  and  Saint  Andrew's  Bay,  in  West  Florida. 


Condition. 


Canal   route     Be  it  enacted,  #c.,  That  the  Territory  of  Florida  be,  and  is  hereby, 
granted.  authorized  to  survey  and  mark,  through  the  public  lands  of  the  United 

States,  the  route  of  a  canal,  by  which  to  connect  the  navigation  of 
the  river  Chipola  and  Saint  Andrew's  Bay,  in  West  Florida,  and  to  cut 
the  same  through  the  public  lands;  and  ninety  feet  of  land  on  each 
side  of  said  canal  shall  be  reserved  from  sale  on  the  part  of  the  United 
States,  and  the  use  thereof  be  for  ever  vested  in  the  Territory,  or  such 
company  as  shall  be  organized  by  them,  for  a  canal,  and  for  no  other 
purpose  whatever. 

SEC.  2.  And  le  it  further  enacted,  That  if  the  said  Territory  shall  not 
survey,  and  direct  by  law,  said  canal  to  be  opened,  and  furnish  the 
Commissioner  of  the  General  Land  Office  a  map  thereof,  within  two 
years  from  and  after  the  date  of  this  act,  or  if  the  said  canal  be  not 
completed  suitably  for  navigation  within  five  years  thereafter,  or  if 
said  land  hereby  granted  shall  ever  cease  to  be  used  and  occupied  for 
the  purpose  of  constructing  and  keeping  in  repair  a  canal  suitable  for 
navigation,  the  reservation  and  grant  aforesaid  shall  be  void  and  of  no 
effect :  Provided,  That  nothing  in  this  act  contained,  or  that  shall  be 
done  in  pursuance  thereof,  shall  be  deemed  to  imply  any  obligation,  on 
the  part  of  the  United  States,  to  appropriate  money  to  defray  the  ex- 
pense of  surveying  or  opening  said  canal :  And  provided  likewise,  That 
the  said  canal  when  completed  by  said  Territory,  or  by  an  incorpo- 
rated company  under  the  authority  of  the  same,  shall  be,  and  for  ever 
remain,  a  public  highway  for  the  use  of  the  Government  of  the  United 
States,  free  from  any  toll  or  charge  whatever,  for  any  property  of  the 
United  States,  or  persons  in  their  service  on  public  business  passing 
through  the  same. 

Adjacentlands.  SEC.  3.  And  le  it  further  enacted,  That  every  section  of  land  through 
which  said  canal  route  may  pass,  shall  be,  and  the  same  is  hereby,  re- 
served from  sale  under  the  direction  of  the  Government  of  the  United 
States,  until  hereafter  specially  directed  by  law ;  and  the  said  Terri- 
tory, or  company  incorporated  by  them,  are  hereby  authorized,  without 
waste,  to  use  any  materials  on  the  public  lands  adjacent  to  said  canal 
that  may  be  necessary  to  its  construction. 

Other  canal  SEC.  4.  And  be  it  further  enacted,  That  the  said  Territory,  or  any  in- 
route  granted,  corporated  company  under  their  authority,  be,  and  they  are  hereby, 
authorized  to  open  through  the  public  lands  of  the  United  States,  a 
canal  from  Matanzas  to  Halifax  River,  in  East  Florida,  upon  the  same 
conditions,  restrictions  and  limitations,  in  every  respect,  as  are  pre- 
scribed in  the  foregoing  provisions  of  this  act;  and  the  same  lands  shall 
be  reserved,  in  like  manner,  for  the  objects  specified,  and  for  no  other. 


Proviso. 


Proviso. 


FLORIDA.  675 

No.  1 646.— AN  ACT  to  ascertain  and  mark  the  line  between  the  State  of  Alabama     March  2,  1831. 
and  the  Territory  of  Florida,    *    *    *    and  for  other  purposes.  Vol.  4,  p.  479. 

[See  ALABAMA,  No.  1499.] 

No.  1647.— AN  ACT  to  direct  the  manner  of  issuing  patents  on  confirmed  land      Jan. 23, 1832. 
claims  in  the  Territory  of  Florida.  Vol.  4,  p.  496. 

Be  U  enacted,  #c.,  That  all  patents  that  are,  or  may  be,  by  law,  di-    Patenta   may 
rected  to  be  issued  on  private  land  claims  confirmed  by  the  conimis-  be  issued  to  the 
eioners  of  private  land  claims,  and  by  the  several  acts  of  Congress  ap-  present  owner, 
proving  their  reports  and  confirming  the  titles  to  lands  in  the  Territory 
of  Florida,  shall  be,  and  they  are  hereby,  required  to  be  issued  to  the 
confirmees,  or  to  the  assignee,  or  present  owner,  where  the  land  has 
been  sold  or  transferred  since  the  confirmation  of  the  title;  and  it 
shall  be  the  duty  of  the  Commissioner  of  the  General  Land  Office,  upon 
the  production  of  satisfactory  proof  of  the  death  of  the  confirmee,  or 
upon  the  production  of  a  regular  chain  of  title  from  the  confirmee,  to 
cause  the  patent  to  be  issued  to  the  heirs,  and  legal  representatives,  or 
to  the  assignees  of  the  confirmee,  as  the  case  may  be.  (a) 

(a)  See  Nos.  957,  961,  967, 1268, 1624, 1629, 1630, 1631, 1633, 1634,1636, 1640, 1641,1643,  1677, 
1699, 1700, 1701, 1704, 1710. 

No.  1 648.— AN  ACT  making  provision  for  the  sale  and  disposition  of  the  public     June  28, 1832. 

grounds  in  the  cities  of  St.  Augustine  and  Pensacola,  and  to  reserve  certain  lots     Vol.  4,  p.  550. 

and  buildings  for  public  purposes,  and  to  provide  for  their  repair  and  preserva- 

tion. 

Be  it  enacted,  #c.,  That  the  President  of  the  United  States  be,  and  he  .  Lots  and  build- 
is  hereby,  required  to  cause  to  be  selected  such  of  the  lots  and  buildings  e^forthe^seof 
in  the  city  of  St.  Augustine  and  of  Pensacola,  as  may,  in  his  opinion,  the     United 
be  needed  for  public  purposes  ;  which,  when  so  selected,  shall  be  kept  States, 
for  the  use  of  the  United  States  ;  and  when  the  selection  shall  have  been 
made  of  such  lots  or  buildings,  it  shall  be  the  duty  of  the  Secretary  of    Public  and  pri- 
the  Treasury  to  cause  to  be  surveyed  all  the  public  and  private  lots  and  vate  lots,  &c. 
commons  in  and  about  the  said  cities ;  one  copy  of  which  survey  shall    copies  of  sur- 
be  lodged  in  the  land  offices  in  which  the  respective  places  are  situated,  vey. 
and  the  other  copy  delivered  to  the  city  authorities,  to  be  there  kept 
and  preserved  as  other  records  pertaining  to  the  corporations  of  said 
cities. 

SEC.  2.  And  ~be  it  further  enacted,  That  the  lots,  buildings,  and  com-     Sale  of  certain 
mons,  not  so  set  apart  or  needed  for  public  purposes,  shall  at  such  time,  and  common^Iu- 
and  in  such  proportions  or  sizes  as  may  be  deemed  most  advisable  and  thorized. 
conducive  to  the  interest  of  the  United  States  and  the  said  cities,  be 
sold  at  public  auction  as  other  public  lands,  and  the  money  arising  from 
the  sales  paid  into  the  Treasury  of  the  United  States :  Provided,  That    Proviso, 
nothing  herein  shall  be  so  construed  as  to  authorize  the  sale  of  any  lot 
or  parts  of  lots,  or  other  grounds  which  have  been  by  the  laws  of  Spain 
or  the  United  States  vested,  in  the  corporations  of  said  towns,  or  which 
have  been  set  apart  for  churches  or  burying-grounds  by  the  laws  afore- 
said, or  by  any  ordinance  of  the  corporate  authorities  of  the  said  cities. 

SEC.  3.  And  le  it  further  enacted,  That  the  title  to  the  lot  of  ground  in    Grant  of  lot 
St.  Augustine,  known  as  the  Old  or  Burnt  Hospital  Lot,  with  all  its  ap-  whereon  to  erect 
purtenances,  be.  and  the  same  is  hereby,  vested  in  the  mayor  of  St.  purpose?  of "eaS 
Augustine,  and  his  successor  for  ever,  in  trust,  for  the  purpose  of  erect-  cation, 
ing  thereon,  by  the  local  authorities  of  St.  Augustine,  buildings  neces- 
sary for  the  education  of  free  white  children  of  both  sexes. 

SEC.  4.  And  be  it  further  enacted,  That  the  President  shall  cause  the    Buildings  s  e  - 
buildings  which  may  be  selected  for  public  purposes  under  this  act,  to  lected  for  public 
be  refitted  and  repaired  fit  for  use,  and  the  better  to  preserve  them  from  purP.°!^s  &*° 
ruin  and  dilapidation,  for  which  purpose,  the  sum  of  five  thousand  dol-    Appropriation. 
lars  is  hereby  appropriated,  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated. 


No.  1649.—  AN  ACT  to  authorize  the  disposition  of  the  fund  arising  from  the  sale     July  i4>  ig32. 

of  a  quarter-  section  of  land,  reserved  for  the  use  of  schools,  in  Florida.  vol.  4,  p.  601. 

Be  it  enacted,  #c.,  That  the  commissioners  elected  by  the  qualified 

voters  in  township  five,  range  eleven,  north  and  west,  in  the  county  of 


,  ,  ,  uthrzeito 

Jackson,  in  the  Territory  of  Florida,  in  obedience  to  an  act  of  Congress,  v^t  m0ney  aris- 
entitled  "An  act  to  authorize  the  establishment  of  a  town  on  land  re-  ing  from  sale  of 
served  for  the  use  of  schools,  &c.,"  approved  the  second  of  March,  one  certain  laud  in 


676  FLORIDA. 

eorne  productive  thousand  eight  hundred  and  twenty-nine,  be,  and  they  are  hereby,  au- 

fund.  thorized  to  vest  the  money  arising  from  the  sale  in  said  act  authorized, 

Proceeds  to  be  .    gome  prO(iuctive  fund  under  the  authority  of  the  governor  and  legis- 

mon  schools.00111"  lative  council  of  the  Territory,  the  proceeds  of  which  shall  for  ever  be 

applied  to  common  schools  in  said  township. 

rom    i,,inT»»rfl     SEC.  2.  And  be  it  further  enacted,  That  the  said  commissioners  be,  and 
authSdtoseUthey  are  hereby  authorized  to  make  sale  of  the  remainder  of  said  lots  to 
remainder  of  lots,  be  applied  to  the  objects  aforesaid ;  and  all  provisions  of  the  act  af  ore- 
Ac.  saj(j>  inconsistent  with  this  act,  be,  and  the  same  are  hereby  repealed : 
Proviso  Provided,  That  the  governor  and  legislative  council  of  said  Territory  au- 
thorize such  sale,  with  the  assent  of  the  majority  of  the  inhabitants  of 
said  township,  (a) 
(a)  See  Nos.  1635, 1642, 1665, 1668, 1774. 

Julv  14  1832.     No.  1650.— AN  ACT  for  the  relief  of  Mary  Daws,  Eobert  Bond,  James  Patridge, 
Vol  6  p  52?T  an(^  John  G.  Smith. 

Certain  per-  Be  it  enacted,  #c.,  That  the  said  Mary  Daws,  Robert  Bond,  James 
sons,  upon  sur-  Patridge  and  John  G.  Smith,  who  respectively,  did  cultivate  and  inhabit 
render  of  im-  iands  within  the  Territory  of  Florida,  previous  to  the  first  day  of  Jan- 
PTtlDdeito' t0r°6  uary>  one  thousand  eight  hundred- and  twenty-five,  and  would  have 
emption  riglaij  been  entitled  to  pre-emption  rights  therefor,  under  the  provisions  of  an 
&c.  '  act  of  Congress  of  the  twenty-second  day  of  April,  one  thousand  eight 

hundred  and  twenty-six,  entitled  "An  act  giving  the  right  of  pre-emp- 
tion, in  the  purchase  of  lands,  to  certain  settlers  in  the  States  of  Ala- 
bama, Mississippi,  and  Territory  of  Florida ; "  had  not  the  lands  by 
them  so  cultivated  and  inhabited,  in  manner  aforesaid,  fallen  within 
the  reservations  made  by  the  treaty  with  the  Florida  Indians  on  the 
eighteenth  day  of  April,  one  thousand  eight  hundred  and  twenty- three, 
shall  be  and  each  of  them,  upon  surrendering  their  respective  improve- 
ments, are  hereby  entitled  to  a  pre-emptum  right  for  a  quarter-section 
of  land,  in  the  district  for  the  sale  of  lands,  including  the  improvement, 
upon  paying  therefor,  at  the  time  of  entry,  one  dollar  and  twenty- five 
cents  per  acre,  to  the  receiver  of  public  moneys  at  the  land  office  in 
said  district,  which  pre-emption  rights  shall  be  located  in  the  manner 
pointed  out  in  the  above-recited  act,  and  the  act  therein  referred  to. 


March  2, 1833.  No.  1651.— AN  ACT  to  establish  a  town  at  St.  Marks,  in  Florida. 

Vol.  4,  p.  664.        BG  ^  enacted^  ^      That  the  pre8ident  of  the  United  States  be,  and  he 
Lands    to    be  is  hereby,  authorized  to  cause  so  much  of  the  public  lands  at  or  near 
iid  off  into  town  gt;  Marks,  in  the  Territory  of  Florida,  as  he  may  deem  proper,  to  be 
laid  off  into  town  lots,  not  to  contain  more  than  one-quarter  of  an  acre 
each,  and  into  streets,  avenues,  and  out-lots,  and  public  squares,  for 
tho  use  of  the  town ;  and,  whenever  the  survey  of  the  same  shall  be 
completed,  it  shall  be  the  duty  of  the  surveyor  for  the  Territory  of 
Florida,  to  cause  two  plats  thereof  to  be  made  out,  on  which  the  town 
and  out-lots  shall  respectively  be  designated  by  progressive  numbers  ; 
one  of  which  shall  be  transmitted,  with  a  copy  of  the  field-notes,  to 
the  Commissioner  of  the  General  Land  Office,  and  the  other  to  the  reg- 
ister of  the  land  office  for  the  proper,  district :  Provided,  That  the  Presi- 
Plan.  dent  may  adopt,  if  he  shall  approve  such  plan  as  may  have  been  already 

reported  to  the  General  Land  Office. 

Public  sale  of     SEC.  2.  And  be  it  further  enacted,  That  the  aforesaid  town  and  out- 
lots,  lots  at  said  site,  with  the  exception  of  such  of  them  as  the  President  may 
reserve  for  fortifications,  shall  be  offered  for  sale  to  the  highest  bidder, 
under  the  direction  of  the  register  and  receiver  of  the  proper  land 
office,  at  such  times  and  places  as  the  President  shall,  by  public  procla- 
mation, designate  for  that  purpose ;  and  all  lots  remaining  unsold  at 
Private  entry,  the  closing  of  the  public  sales  shall  be  subject  to  entry  at  private  sale 
Prices  limited.  at  the  Pr°Per  land  office  :  Provided,  That  no  town  lot  shall  be  sold  for 
'  less  than  twenty-five  dollars,  nor  any  out-lot  for  less  than  at  the  rate 
of  twenty- five  dollars  per  acre ;  and  they  shall,  in  every  other  respect, 
be  sold  on  the  same  terms  and  conditions  as  are  provided  for  the  dispo- 
sal of  the  other  public  lands  of  the  United  States. 


Improvements     SEC.  3.  And  be  it  further  enacted,  That  previous  to  offering  the  afore- 
and'out-lots  at  public  sale,  the  President  of  the  United  States 


to  be  paid  for.       said  town" 


FLORIDA.  677 

shall  cause  the  value  of  any  improvements  which  may  have  been  made 

thereon  to  be  ascertained  in  such  manner  as  he  may  prescribe  for  that 

purpose  ;  and  the  purchaser  at  public  sale  of  any  lot  upon  which  there 

are  such  improvements,  other  than  the  owner  thereof,  shall,  in  addition 

to  the  sum  to  be  paid  to  the  United  States,  be,  and  hereby  is,  required 

to  pay  to  the  owner  of  the  improvements,  the  value  of  them  as  thus 

ascertained  ;  and,  if  payment  therefor  shall  not  be  made  upon  the  day    Paym  ent  on 

on  which  the  same  was  purchased,  the  lot  shall  be  again  offered  at  pub-  day  of  sale,  &o. 

lie  sale  on  the  next  day  of  sale,  and  such  persons  shall  not  be  capable 

of  becoming  the  purchaser  of  that  or  of  any  other  lot  offered  at  that 

public  sale  :  Provided,  That,  if  any  lot  so  offered  and  bid  off  on  the  last 

day  of  the  public  sale  shall  not  be  thus  paid  for,  the  same  may  be  en- 

tered at  private  sale,  upon  paying  to  the  United  States  the  sum  at  which 

it  was  bid  off,  and  to  the  owner  of  the  improvements  the  previously 

ascertained  value  thereof:  And  provided  further,  That  the  President  be 


not  authorized  to  offer  any  part  of  said  town  lots  for  sale,  till  he  shall  ^tii,  &c. 
be  satisfied  that  the  site  proposed  for  said  town  is  not  included  within 
the  limits  of  any  conflicting  Spanish  title,  which  may  not  be  released, 
or  decided  to  be  invalid,  (a} 

(a)  See  Nos.  1630,  1635,  1652,  1667,  1670,  1672,  1684,  1691,  1692,  1695,  1713,  1714. 


No.  1652.— AN  ACT  to  authorize  the  sale  of  lots  in  the  town  of  St.  Mark's,  in     June  30, 1834. 

Florida.  Vol.  4,  p.  727. 


Be  it  enacted,  fa.,  That  the  President  of  the  United  States  be,  and  he     Register   and 
is  hereby,  authorized  to  direct  the  register  and  receiver  of  the  Talla-  receiver  to  sell, 
hassee  laud  district  to  make  sale,  at  public  auction,  of  one-fourth  of  the 
lots  in  the  town  of  St.  Mark's,  in  the  Territory  of  Florida,  according  to 
the  plan  of  the  surveyor-general  of  said  Territory,  as  soon  as  practi- 
cable after  the  passage  of  this  act,  upon  giving  two  months'  public  notice 
of  the  said  sale,  (a) 

(a)  See  Nos.  1630, 1635, 1651, 1667, 1670, 1672,  1684, 1691, 1692, 1695, 1713, 1714. 


No.  1653.— AN  ACT  for  the  benefit  of  the  heirs  at  law  of  the  representatives  of     June  30,  1834. 
William  Gr.  Christopher,  deceased.  Vol.  6,  p.  586. 


Be  it  enacted,  fa.,  That  the  heirs  at  law  of  William  G.  Christopher,    Land    claim 
deceased,  be  confirmed  in  their  title  and  claim  to  six  hundred  and  forty  confirmed, 
acres  of  land  at  Point  Hazard,  on  Bell's  River,  on  the  coast  of  East 
Florida ;  to  be  so  located  as  to  include  the  improvements  occupied  by 
their  ancestor,  the  said  William  G.  Christopher :  Provided,  however,  That    Proviso, 
this  act  shall  be  construed  to  extend  only  to  a  relinquishment  of  the 
title  of  the  United  States  to  the  said  land,  and  shall  not  operate  to  the 
prejudice  of  the  claims  of  any  other  person  or  persons. 


No.  1654,— AN  ACT  to  authorize  the  construction  of  a  railroad  upon  the  public     March  3, 1835. 
lands,  from  Tallahassee  to  St.  Marks,  in  Florida.  Vol.  4,  p.  778. 


Be  it  enacted,  fa,  That  the  president,  directors,  and  stockholders  or-    Authority  to 
ganized  in  virtue  of  an  act  of  incorporation  from  the  governor  and  leg-  construct  road, 
islative  council  of  the  Territory  of  Florida,  be,  and  they  are  hereby, 
authorized  to  construct  said  road  upon  the  public  lands  of  the  United 
States,  so  far  as  the  line  of  said  road  has  been  or  shall  be  made  to  pass 
through  the  same. 

SEC.  2.  And  be  it  further  enacted,  That  there  be  granted  to  the  said    Land  and  tim- 
railroad  company,  the  land  over  which  the  said  road  shall  pass,  andber  granted  to 
thirty  feet  on  each  side  of  the  same ;  and  the  said  company  shall  have the  comPany- 
the  privilege  of  using  the  timber  on  the  public  lands,  for  one  hundred 
yards  on  each  side  of  said  railroad,  in  the  construction  and  repair  of 
said  road. 

SEC.  3.  And  be  it  further  enacted,   That  there  shall  be,  and  is  hereby,     Ten  acres  of 
granted  to  the  said  railroad  company,  ten  acres  of  land,  at  the  junction  land  granted,  at 
of  the  St.  Marks  and  Waculla  rivers,  (the  point  where  the  road  termi-  Jo™™  ° 
nates,)  exclusive  of  such  portions  as  shall  be  actually  improved  by  indi- 
viduals, and  now  in  their  occupancy,  and  also  exclusive  of  such  portions 
as,  in  the  opinion  of  the  President,  it  may  be  expedient  to  preserve  for 


678  FLORIDA. 

Proviso.  the  national  defence,  or  other  public  use :  Provided,  nevertheless,  That 

the  several  grants  contained  in  this  act,  shall  revert  to  the  Government 
of  the  United  States,  unless  the  said  railroad  be  begun  in  five  years 
from  the  passage  of  this  act,  and  completed  within  ten  years  there- 
Provisions  to&  SEC.  4.  And  le  it  further  enacted,  That  the  foregoing  provisions  shall 
extend  to  two  extend  to  two  companies  organized  under  the  authority  of  acts  of  the 
companies  au-  legislature  of  Alabama,  and  of  the  governor  and  legislative  council  of 
thorized  by  acts  t^  Territ;Ory  of  Florida,  for  a  railroad  from  Pensacola  to  the  Chata- 
Florida  hoochee  River  near  Columbus  in  Georgia,  and  to  such  other  point  des- 

ignated in  the  act  of  the  legislature  of  Alabama,  in  said  State: 

P  •  •  ex  And  also,  another  railroad  authorized  by  acts  of  the  legislature  of  the 
tendedto  rail-  State  of  Georgia,  and  the  Territory  of  Florida,  from  the  Saint  John's 
road  authorized  River  in  East  Florida,  to  the  Suwanee  River  in  said  Territory,  or  to 
by  acts  of  Geor-  yacasOin  Bay,  at  the  mouth  of  said  river. 

And  all  the  rights,  privileges  and  authority  conferred  in  the  first  and 
second  sections  of  this  act  shall  extend  to  the  said  companies  men- 
tioned in  this  section ;  and  subject  to  the  proviso  of  the  third  section, 
as  to  the  time  within  which  the  railroads  shall  be  commenced  and  com- 
pleted, (a) 

(a)  See  Nos.  1621, 1658, 1659, 1682. 1690, 1691, 1703, 1706, 1707, 1709, 1712. 


Jalv  1  18^6.      No.  1655.— AN  ACT  to  authorize  the  governor  and  legislative  council  of  the  Ter- 
Volf  5  'p.  63.  ritory  of  Florida,  to  sell  the  lands  heretofore  reserved  for  the  benefit  of  a  general 

•    '    '     '  seminary  of  learning  in  said  Territory. 


Lands  hereto-  Be  it  enacted,  #c.,  That  the  governor  and  legislative  council  of  the 
fore  re  serve  d  Territory  of  Florida  shall  be,  and  they  are  hereby,  authorized  to  sell 
old'  and  convey,  in  fee-simple,  for  the  benefit  of  the  University  of  Florida, 
of  which,  Joseph  M.  White,  R.  K.  Call,  Thomas  Randall,  John  G.  Gam- 
ble, Thomas  Eston  Randolph,  Louis  M.  Goldsborough,  Ben.  Chaires, 
Turbutt  R.  Betton,  F.  Eppes,  E.  Loockerman,  Fitch  W.  Taylor,  J.  Lor- 
ing  Woart,  Ashbeel  Steel,  and  J.  Edwin  Stewart  are  trustees,  any  part 
not  exceeding  one-half  of  the  two  townships  of  land  heretofore  reserved 
and  appropriated  by  Congress  for  the  establishment  and  support  of  a 
seminary  of  learning  in  the  Territory  of  Florida,  and  to  appropriate  so 
much  of  the  money  arising  from  the  sale  thereof,  as  may  be  deemed  ex- 
pedient for  the  erection  of  commodious  and  durable  buildings  for  said 
university ;  for  the  purchase  of  apparatus,  and  whatever  else  may  be 
suitable  for  such  university  ;  and  to  invest  the  remainder  in  some  pro- 
ductive funds,  the  proceeds  of  which  shall  be  devoted  for  ever  to  the 
benefit  of  said  University  of  Florida,  (a) 

(a)  See  Nos.  1630, 1639, 1674. 

July  2, 1836.      No.  1656.— AN  ACT  to  confirm  the  title  of  the  heirs  of  M.  de  la  Carera  to  a  tract  of 
Vol.  6,  p.  673.  land. 


Grant  of  land     Be  it  enacted,  $c.,  That  a  gratuitous  grant  of  seven  hundred  and 

confirmed.  ninety-eight  arpens  of  land,  situated  on  the  Escambia  River,  in  West 

Florida,  made  by  the  Inten^ant,  General  Morales,  on  the  fifth  of  May, 

one  thousand  eight  hundred  and  nine,  to  Milan  de  la  Carera,  be,  and 

the  same  is  hereby,  confirmed  to  the  heirs  or  legal  representatives  of 

Proviso.  said  Carera  :  Provided,  That  this  confirmation   shall  only  operate  as  a 

relinquishment  of  the  title  of  the  United  States. 


July  2,  1836.  No.  1657.-  AN  ACT  for  the  relief  of  Duncan  L.  Clinch. 

VoL  6,  p.  676. 

Be  it  enacted,  $c.,   That  Duncan  L.  Clinch  ard  John  H.  Mclntosh, 


,       .,  .  .  , 

to  assignees  of  George  J.  F.  Clarke,  be  authorized  to  enter,  at  the  minimum 
er  s  ol 


erner  s  ol  price  ^  which  th  )  ) 

containing  three  thousand  acres,  in  Cones'  or  Moody  hammock,  south 
of  Mizzell's  lagoon,  west  of  the  river  St.  John,  upon  which  they  have 
made  their  settlements  under  a  grant  from  Don  Jose  Coppinger,  gov- 
ernor of  that  province,  dated  sixth  of  April,  eighteen  hundred  and  six- 
teen ;  and  a  survey  made  by  Don  Andres  Burgevin,  bearing  date  the 
twelfth  day  of  March,  eighteen  hundred  and  nineteen,  in  lieu  of  ttfe 
same  quantity  of  land  confirmed  to  them  in  another  place  by  the  decree 


FLORIDA.  679 

of  the  Supreme  Court,  at  January  term,  eighteen  hundred  and  thirty-four, 
in  the  case  of  George  J.  F.  Clarke  against  the  United  States,  upon  their 
filing  in  the  office  of  the  register  of  public  lands  for  the  district  of  East 
Florida,  a  relinquishment  of  all  their  right,  title,  claim,  and  demand,  in 
and  to  the  land  last  mentioned. 


No.  1658.— AN  ACT  to  authorize  certain  railroad  companies  to  con  struct  railroads     Jan.  31, 1837. 
through  the  public  lands  in  the  Territory  of  Florida.  Vol.  5,  p.  144. 

Be  it  enacted,  fc.,  That  the  East  Florida  Railroad  Company,  a  corpo-    East     Florida 
ration  established  by  an  act  of  the  governor  and  legislative  council  of  Railroad  Compa- 
the  Territory  of  Florida,  approved  the  fourteenth  of  February,  anno  Kte   andcoS 
Domini  eighteen  hundred    and  thirty -five,  be,  and  they  hereby  are,  struct  a  railroad] 
authorized  to  locate  and  construct  a  railroad  on  the  following  route,  to  commencing    on 
wit :  commencing  on  the  St.  John's  River  and  thence  in  the  most  con-  *£?    St.    John's 
venient  and  suitable  direction  to  Tallahassee  or  the  waters  of  St.  Mark's  Klver>  &c- 
River  or  Bay,  on  the  Gulf  of  Mexico,  or  to  any  other  point  east  of  or 
between  the  St.  Mark's  and  Appalachicola  rivers,  which  may  be  selected 
by  said  company. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  company  is  further    May  pass  over 
authorized,  wherever  said  route  shall  pass  over  the  public  lands  of  the tne  public  lands. 
United  States,  to  locate  the  same  thereon,  eighty  feet  wide ;  which  said 
location,  if  made  according  to  the  true  intent  and  meaning  of  this  act, 
shall  be  enjoyed  by  said  company  so  long  as  they  maintain  the  said  road 
for  the  public  accommodation. 

SEC.  3.  And  be  it  further  enacted,  That  the  said  company  shall  have  Timber,  &o., 
the  right  to  take  from  the  said  public  lands,  timber,  stone,  and  earth, 
whenever  it  may  be  convenient  for  the  construction  of  any  part  of  said 
way  running  through  the  same ;  also  to  deposite  and  leave  such  mate- 
rials upon  such  lands,  whenever  it  maybe  necessary ;  also,  to  cut  drains, 
where  necessary,  through  the  same ;  and  during  the  period  of  the  con- 
struction of  said  way,  to  occupy  said  lands  along  said  route,  doing  as 
little  injury  thereto  as  may  be. 

SEC.  4.  And  be  it  further  enacted,  That  to  entitle  the  said  company  to  Conditions  to 
the  enjoyment  of  the  privileges  herein  provided  for,  they  shall  comply  be  complied  with 
with  the  following  conditions,  to  wit :  by  said  company. 

First,  They  shall  cause  the  said  route,  whenever  it  passes  over  the 
public  lands,  to  be  surveyed,  and  the  location  of  the  way  to  be  accu- 
rately delineated  in  their  proper  connexion,  and  a  map  thereof,  and  a 
copy  of  the  locations,  to  be  returned  and  deposited  in  the  General 
Land  Office,  within  six  months  from  the  date  of  the  final  location  of 
the  said  road. 

Second,  They  shall  cause  permanent  monuments  to  be  erected  along 
said  route,  conforming  to  such  locations  and  maps,  defining  the  limits 
of  the  way. 

Third,  Wherever  the  said  railway  shall  intersect  a  highway  or 
travelled  way  on  the  public  lands,  that  way  or  ways  shall  be  left  un- 
obstructed. 

Fourth,  Wherever  it  shall  cross  a  stream  or  low  grounds,  such  pro- 
vision shall  be  made  for  draining  off  the  water  as  to  leave  the  said  pub- 
lic lands  uninjured  by  said  railway. 

Fifth,  They  shall  complete  the  said  way  within  the  time  provided  for 
in  the  act  of  incorporation. 

Sixth,  Said  location  of  said  way  shall  be  considered  and  treated  as 
open  way,  and  be  kept  up  as  such,  and  the  lands  abutting  thereon 
shall  be  considered  as  abutting  upon  a  public  way. 

SEC.  5.  And  le  it  further  enacted,  That  the  sections  and  quarter-sec-    pubiic  lands  to 
tions  of  public  lands  over  which  the  said  road  may  pass,  shal-1  be  re-  be  reserved    by 
served  by  the  United  States  for  two  years  after  the  final  location  of*he     United 
the  said  way ;  and  to  this  end  the  said  company  shall,  as  soon  as  they  bt  te>8)  &c* 
have  resolved  to  survey  or  examine  any  route,  give  notice  to  the  register     Notice    to    be 


passes,  which  said  last-mentioned  lands  shall  be  reserved  as  aforesaid 
from  sale:  Provided,  That  neither  the  said    company  nor  any  other     Proviso, 
person  shall  be  authorized  to  settle  on  the  said  reserved  sections  or 
quarter-sections ;  and  no  person  so  settling  shall  acquire  thereby  a  pre- 


680  FLORIDA. 

emptive  right  or  claim  to  the  said  reserved  lands,  or  to  any  part  thereof; 
and  if  said  company  shall  fail  to  give  prompt  and  seasonable  notice  in 
both  the  above  cases,  they  shall  forfeit  their  privileges  under  this  act. 
Time  for  mak-     SEC.  G.  And  le  it  further  enacted,  That  the  time  for  making  the  sur- 
ing  surveys,  &c.,  vev8  and  commencing  the  work,  as  prescribed  in  the  said  act  of  incor- 
poration, be,  and  the  same  is  hereby,  extended  for  one  year  after  the 
passage  of  this  act. 

Governor,  &c.,  SEC.  7.  And  le  it  further  enacted,  That  it  shall  be  lawful  for  the  gov- 
may  provide  by  ernor  an(i  legislative  council  of  the  said  Territory,  or  for  the  legislature  of 
struc^onof  rail-  tne  State  of  Florida  hereafter,  to  provide  by  law  for  the  construction  of 
roads  to  cross  or  railroads  from  the  Appalachicola  River,  or  from  any  other  point,  to  cross 
intersect,  &c.  or  intersect  the  above-mentioned  railroad,  from  the  Georgia  State  line 

to  the  Gulf  of  Mexico. 

East  Florida  SEC.  8.  And  l)e  it  further  enacted,  That  the  said  East  Florida  Railroad 
K.  R.  Co.  may  Company  be,  and  they  are  hereby  authorized  to  cross  the  railroad  pro- 
cross  proposed  ed  to  be  made  at  a'ny  point  between  Tallahassee  and  St.  Mark's. 

Florida    ma  y     SEC.  9.  And  be  it  further  enacted,  That  the  Territory  or  State  of  Florida 
take  stock.          shall,  at  the  end  of  twenty  years,  have  the  privilege  of  taking  one-fourth 
of  the  stock  at  par,  by  paying  to  the  company  the  interest  on  the  in- 
vestment. 

Acts  repealed.  SEC.  10.  And  le  it  further  enacted,  That  all  acts  or  parts  of  acts  of  the 
legislative  council  of  the  Territory  of  Florida,  inconsistent  with  the 
foregoing  provisions,  be,  and  the  same  are  hereby  annulled. 

Pensacola  and     SEC.  11.  And  le  it  further  enacted,  That  the  Pensacola  and  Perdido 

Perdido  Railroad  Railroad  Company,  organized  under  acts  of  the  governor  and  legislative 

mSr?Jil™II  council  of  the  Territory  of  Florida,  and  of  the  State  of  Alabama,  be,  and 

from,  &c.  they  are  hereby,  authorized  to  make  a  railroad  from  Pensacola  to  the 

Brunswick  and  waters  of  Mobile  Bay  or  River;  and  also,  that  the  Brunswick  and  Florida 

Florida  Railroad  Railroad  Company,  incorporated  by  an  act  of  the  legislature  of  Georgia, 

extend  theirraiE  be»  and  thev  are  nerebJ>  authorized  to  extend  their  railroad  from  the 

road  from,  &c.     Georgia  line  to  the  city  of  Tallahassee,  and  thence  to  the  river  Appalach- 

icola, or  St.  George's  Sound,  npon  the  same  conditions  and  limitations 

contained  in  the  foregoing  provisions  of  this  act. 

Lake  Winnico     SEC.  12.  And  le  it  further  enacted,   That  the  Lake  Winnico  and  St. 

and  St  Joseph's  Joseph's  Canal  and  Railroad  Company,  organized  tinder  acts  of  the 

Canal  and  Rail-  governor  and  legislative  council  of  the  Territory  of  Florida,  be,  and 

may  mHv****-  t^ley  are  hereby  authorized  to  locate  and  construct  a  railroad  from  the 

struct  railroad  °ity  °^  St.  Joseph  to  the  city  of  Tallahassee,  in  said  Territory,  upon  the 

from  St.  Joseph  same  conditions  and  limitations  contained  in  the  foregoing"  provisions 

to  Tallahassee.     of  this  act;  and  in  the  construction  of  said  road,  may  cross,  or  inter- 

sect, and  form  a  junction  with,  any  other  railroad  which  may  be  made 

west  of  the  city  of  Tallahassee,  (a) 

(a)  See  Nos.  1621,  1654,  1659,  1682,  1690,  1691,  1703,  1706,  1707,  1709,  1712. 

June  28,  1838.    No.  1659.—  AX  ACT  to  confirm  the  act  of  the  legislative  council  of  Florida,  incor- 

VoL  5,  p.  253.        porating  the  "  Florida  Peninsula  Railroad  and  Steamboat  Company,"  and  granting 

the  right  of  way  to  said  company  through  the  public  lands,  and  for  other  purposes. 


urm  Be  {t  enacted>  $G">  That  the  act  passed  by  the  legislative  council  of 
da,  incorporat-FIorida>  entitled  "An  act  to  incorporate  the  Florida  Peninsula  Railroad 
ing,  &c.,  confirm-  and  Steamboat  Company,"  approved  eighth  January,  eighteen  hundred 
ed-  and  thirty-eight,  be,  and  the  same  is  hereby,  ratified  and  confirmed  : 

Proviso.  Provided,  however,  That  the  said  company  shall  not  be  deemed  to  have, 

nor  shall  they  exercise,  banking  privileges  ;  nor  shall  the  said  act  be  so 
construed  as  to  give  or  grant  banking  privileges  to  said  company  ;  and 
in  case  the  said  company  shall  exercise  banking  privileges,  of  any  de- 
scription, in  any  way  or  manner,  then  this  coufirmation  or  ratification  of 
said  act  of  incorporation  shall  be  void  and  of  no  effect. 

thrown  theiTub7  .   SEC'  2'  And  le  U  father  enacted,  That  the  right  of  way  shall  be,  and 

lie  lands  granted.  |8  hereby,  granted  to  said  company  over  and  through  any  of  the  pub- 

Proviso.  lands  of  the  United  States  over  which  the  said  road   may  pass  : 

Provided,  That  the  said  land  to  be  used  and  occupied   by  said  company 

™  >,*        *  i    for  the  line  or  route  of  8llch  road  shall  not  exceed  eighty  feet  in  width. 

from  the  public     SE9'  3*  And  be  lt  further  enacted,  That  the  said  company  shall  have 

lands  earth,  tn.e  rjght  to  take  from  the  public  lands  in  the  vicinity  of  said  road  and 

stone,  or  wood,     within  twenty  rods  of  the  centre  thereof,  on  each  side,  all  such  mate- 

rials of  earth,  stone,  or  wood  as  may  be  necessary  or  convenient  for  the 

actual  construct  ion  of  said  road  or  any  part  thereof;  and,  during  the 

construction  of  said  road,  to  occupy  said  lands  to  the  width  aforesaid, 


FLORIDA.  681 

so  far  as  may  be  necessary  to  the  convenient  performance  of  said  work : 
Provided,  however,  That  the  rights  and  privileges  granted  by  this  sec-  Proviso, 
tion  shall  be  so  exercised  as  to  cause  as  little  damage  as  possible  to  the 
public  lands  adjacent  to  said  road  ;  and  proper  drains  or  sluices  shall  be 
constructed  by  the  said  company  so  as  to  prevent  the  obstruction  of  any 
streams  or  water-courses  which  may  be  crossed  by  said  road. 

SEC.  4.  And  be  it  further  enacted,  That  there  shall  be,  and  are  hereby,  Sites  granted 
granted  to  the  said  company  all  necessary  sites  for  watering-places,  de-  9,r  watering, 
pots,  and  workshops,  along  the  line  of  road:  Provided,  That  no  one 
depot  or  watering-place  shall  contain  over  four  square  acres,  to  be  laid 
off  in  a  square  form  ;  and  not  more  than  one  of  said  squares  shall  be 
granted  to  or  taken  by  said  company  for  each  ten  miles  of  said  road. 

SEC.  5.  And  be  it  further  enacted,  That  the  said  company  shall,  with  as  Route  to  be 
little  delay  as  may  be  convenient,  and  at  all  events  within  one  year  surveyed,  &c. 
from  the  passage  of  this  act,  and  at  their  own  expense,  cause  the  route 
of  said  road  and  the  sites  which  they  may  select  for  depots,  watering- 
places,  or  workshops,  to  be  surveyed  and  designated  through  said  pub- 
lic lands  by  plain  marks  and  monuments;  and  copies  of  the  field-notes 
of  the  survey,  with  a  map  or  plat  of  the  said  route  and  of  said  sites  and 
of  the  connection  of  said  route  with  the  previous  official  surveys  of 
the  adjacent  lands,  shall  be  returned  to  the  office  of  the  surveyor- 
general  of  that  land  district  and  to  the  General  Land  Office  at  Wash- 
ington. 

SEC.  6.  And  be  it  further  enacted,  That  if  the  said  road  shall  be  aban-    If  the  road 
doned  or  discontinued,  or  if  the  route  shall  cease  to  be  used  by  said  **ha11    ]>£  aban. 
company  for  the  purposes  of  a  railroad,  then  and  in  that  case  this  act  be^oid. 
and  the  privileges  hereby  granted  shall  cease  and  be  void,  and  the  land 
occupied  by  said  road  shall  revert  to  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  Congress  may  at  any  time,  un-  Tolla. 
til  said  Territory  shall  be  admitted  as  a  State,  prescribe  and  regulate 
the  tolls  to  be  received  by  said  company,  and  after  said  Territory  shall 
be  admitted  as  a  State,  the  legislature  thereof  shall  possess  the  like 
power,  and  said  act  of  incorporation  is  hereby  approved,  subject  to  the 
modifications  and  conditions  aforesaid,  (a) 

(a)  See^os.  1621, 1654, 1658, 1682, 1690, 1691, 1703, 1706, 1707, 1709, 1712. 

I¥o.  1660.— AN  ACT  to  encourage  the  introduction  and  promote  the  cultivation  of     July  7,  1838. 
tropical  plants  in  the  United  States.  Vol.  5,  p.  303. 

Whereas  in  obedience  to  the  Treasury  circular  of  the  sixth  of  Sep- "  preaml)le 
tember,  eighteen  hundred  and  twenty-seven,  Doctor  Henry  Perrine, 
late  American  consul  at  Campeachy,  has  distinguished  himself  by  his 
persevering  exertions  to  introduce  tropical  plants  into  the  United 
States  :  and  whereas  he  has  demonstrated  the  existence  of  a  tropical 
climate  in  southern  Florida,  and  has  shown  the  consequent  certainty  of 
the  immediate  domestication  of  tropical  plants  in  tropical  Florida,  and 
the  great  probability  of  their  gradual  acclimation  throughout  all  our 
southern  and  southwestern  States,  especially  of  such  profitable  plants  . 
as  propagate  themselves  on  the  poorest  soils ;  and  whereas,  if  the  en- 
terprise should  be  successful,  it  will  render  valuable  our  hitherto  worth- 
less soils,  by  covering  them  with  a  dense  population  of  small  cultivators 
and  family  manufacturers,  and  will  thus  promote  the  peace,  prosperity, 
and  permanency  of  the  Union  :  Therefore, 

Be  it  enacted,  $-c.,  That  a  township  of  laud  is  hereby  granted  to  Doc-     Grant  of  land 
tor  Henry  Perrine  and  his  associates,  in  the  southern  extremity  of  the*0^  Perrine. 
peninsula  of  East  Florida,  to  be  located  in  one  body  of  six  miles  square, 
upon  any  portion  of  the  public  lands  below  twenty-six  degrees  north 
latitude. 

SEC.  2.  And  be  it  further  enacted,  That  the  said  tract  of  land  shall  be     When  to  be  lo- 
located  within  two  years  from  this  date,  by  said  Henry  Perrine,  andcated,  &o. 
shall  be  surveyed  under  his  direction,  by  the  surveyor  of  Florida,  Pro- 
vided, That  it  shall  not  embrace  any  land  having  sufficient  quantities     Proviso, 
of  naval  timber  to  be  reserved  to  the  United  States,  nor  any  sites  for 
maritime  ports  or  cities. 

SEC.   3.  And   be  it  further  enacted,    That    whenever  any  section  of    When  a  patent 
land  in  said  tract,  shall  be  really  occupied  by  a  bona-fide  settler,  ac-  sha11  issue- 
tually  engaged  in  the  propagation  or  cultivation  of  valuable  tropical 
plants,  and  upon  proof  thereof  being  made  to  the  Commissioner  of  the 
General  Land  Office,  a  patent  shall  issue  to  the  said  Henry  Perrine  and 
his  associates. 


682 


FLORIDA. 


How  and  when     SEC.  4.  And  le  it  further  enacted,  That  every  section  of  land  in  the 
it  shall  be   for-  tract  aforesaid,  which  shall  not  be  occupied  by  an  actual  settler,  posi- 
TTnif^idsiteahetively  engaged  in   the  propagation  or  cultivation  of  useful  tropical 
plants  within  eight  years  from  the  location  of  said  tract,  or  wheu  the 
adjacent  territory  shall  be  surveyed  and  offered  for  sale,  shall  be  for- 
feited to  the  United  States,  (a) 
(a)  See  No.  1664. 

March  3  1839.     No.  1661.— AX  ACT  for  the  relief  of  Parish  Carter,  and  the  heirs  of  Charles  Will- 
Vol.  6,  p.  763.  iamson,  deceased. 

F   r  Be  it  enacted,  fc.,  That  Farish  Carter  be,  and  he  is  hereby,  authorized 

powered  to  enter  and  empowered  to  enter  six  quarter-sections  of  land  on  any  unreserved 
land,  and  unappropriated  land  in  Florida,  in  lieu  of  so  many  quarter-sections 

for  which  he  had  paid  the  United  States,  and  held  certificates  from  the 
S.  Gran  tl  and  receiver;  and  that  Seaton  Grantland,  administrator  of  Charles  Will- 
empowered  to  en- iamson,  be,  and  he  is  hereby,  authorizsd  and  empowered  to  enter  one 
ter  land.  ka}f  quarter-section  of  land  in  the  name  and  for  the  use  of  the  heirs  of 

the  said  Charbs  Williamson,  on  any  unreserved  and  unappropriated 
land  in  Florida,  and  one  other  half  quarter  section  on  any  land  of  the 
United  States  which  has  been  offered  for  sale,  in  lieu  of  that  much  land 
for  which  the  said  Williamson  had  paid  the  United  States,  and  held 
certificates  from  the  receiver ;  and  that  patents  do  issue  free  of  pur- 
chase to  the.  said  Farish  Carter  and  the  heirs  of  the  said  Williamson, 
respectively,  for  the  land  so  entered. 


March  3, 1839. 
VoL  6,  p.  785. 

Land  title  con 
firmed. 


Proviso. 


No.  1662.— AN  ACT  for  the  relief  of  the  heirs  and  assignees  of  Peter  Alba,  de- 
ceased. 

•  Be  it  enacted,  <f-c.,  That  the  title  of  the  heirs  of  Peter  Alba,  late  of  Pen- 
sacola,  in  the  Territory  of  Florida,  deceased,  or  of  such  person  or  persons 
as  by  assignment  from  said  Peter  Alba  may  have  claims  thereto,  to  fif- 
teen lots  of  land  in  the  suburbs  of  the  town  of  Pensacola,  in  the  Terri- 
tory of  Florida,  designated  as  follows,  viz :  numbers  thirty,  eighty- 
seven,  three  hundred  and  five,  three  hundred  and  twenty-one,  three 
hundred  and  forty-two,  three  hundred  and  forty-three,  three  hundred 
and  forty-four,  three  hundred  and  forty-five,  three  hundred  and  forty- 
six,  three  hundred  and  forty-seven,  three  hundred  and  twenty-seven, 
three  hundred  and  thirty-five,  three  hundred  and  thirty-six,  three  hun- 
dred and  thirty-seven,  and  three  hundred  and  twenty-eight ;  all  which 
were  purchased  by  the  said  Peter  Alba  of  the  Spanish  Government,  in 
the  year  eighteen  "hundred  and  seventeen,  be,  and  the  same  are  hereby, 
confirmed,  respectively,  to  the  heirs  of  the  said  Peter  Alba,  or  to  his  as- 
signee or  assignees,  to  whom  he  may  have  conveyed  the  same,  or  any 
part  of  said  lots,  in  his  lifetime,  according  to  the  right  which  the  said 
heirs,  or  assignee  or  assignees,  may  have  thereto  under  the  said  Peter 
Alba:  Provided,  That  this  confirmation  shall  only  extend  to  the  relin- 
quishment  of  any  title  which  the  United  States  may  have  to  said  lots. 


March  3, 1839. 
VoL  6,  p.  786. 


No.  1663.— AN  ACT  for  the  relief  of  Henry  L.  Reviere. 
Be  it  enacted,  #c.,  That  Henry  L.  Reviere,  of  West  Florida,  be,  and  he 


Authorized  to  is  hereby  authorized  to  enter,  at  a  minimum  price,  one  quarter-section 
enter  certain  of  land,  or  a  fraction  equal  to  one  quarter,  as  near  as  may  be,  in  frac- 
tional section  twenty-three,  in  township  four,  range  fourteen,  south  and 
west,  and  lot  number  five,  in  section  number  fourteen  in  same  town- 
ship, including  the  settlement  of  the  said  Revieve ;  to  be  bounded  by 
sectional  and  fractional  lines,  according  to  Government  surveys;  to 
which  pre-emption  the  said  Henry  L.  Reviere  was  entitled  by  in  habita- 
tion and  cultivation,  under  the  act  passed  June  twenty-nine,  [nineteen,] 
eighteen  hundred  and  thirty-four ;  which  was  reserved  erroneously  from 
entry  at  the  time,  and  before  the  expiration  of  the  act. 


Feb.  18, 1841. 
Vol.  6,  p.  819. 

Preamble. 


No.  1664.— AN  ACT  supplementary  to  an  act  entitled  "An  act  to  encourage  the 
introduction,  and  promote  the  cultivation  of  tropical  plants,"  approved  seventh  July, 
eighteen  hundred  and  thirty -eight 

Whereas,  under  the  provisions  of  the  act,  to  which  this  is  a  supple- 
ment, Doctor  Henry  Perrine  made,  in  the  manner  thereby  required,  the 
location  therein  authorized ;  and  while  engaged  in  the  necessary  meas- 
ures to  carry  into  effect  the  objects  contemplated  by  the  said  act,  was 
murdered  by  the  Seminole  Indians:  and  whereas  Mrs.  Ann  F.  Perrine, 


FLORIDA.  68S 

the  widow  of  the  said  Doctor  Perrine,  is  anxious  to  continue  the  under- 
taking thus  commenced  by  her  late  husband,  but  is  prevented  from  so 
doing  by  the  continuance  of  the  Indian  war  in  Florida ;  therefore, 

Be  it  enacted,  #c.,  That  Mrs.  Ann  F.  Perrine,  the  widow  of  the  said  JJ,idow    _a£d 
Henry  Perrine,  and  Sarah  Ann  Perrine,  Hester  M.  S.  Perrine,  and  Henry  fJJJJg?  entitled 
E.  Perrine,  his  surviving  children,  are  hereby  declared  to  be  entitled  to  t0  tne  rights, 
all  the  rights  and  privileges  vested  in  and  granted  to  the  said  Doctor  &c.,    vested    in. 
Henry  Perrine,  by  the  act  to  which  this  is  a  supplement,  and  that  the  him»  &o« 
time  limited  by  the  said  act  in  which  every  section  of  said  grant  should 
be  occupied  to  prevent  the  forfeiture  of  the  same  to  the  United  States, 
be,  and  the  same  is  hereby,  extended  to  eight  years  from  and  after  the 
time  when  the  present  Indian  war  in  Florida  shall  cease  and  deter- 
mine, (a) 

(a)  See  No.  1660. 


No.  1665.— AN  ACT  to  provide  for  the  armed  occupation  and  settlement  of  the     Aug.  4,  l£ 

unsettled  part  of  the  peninsula  of  East  Florida.  VoL  5,  p.  50-2. 


Be  it  enacted,  $-c.,  That  any  person,  being  the  head  of  a  family,  or  sin-  Certain  persona 
gle  man  over  eighteen  years  of  age,  able  to  bear  arms,  who  has  made,  settling  in  Flor- 
or  shall,  within  one  year  from  and  after  the  passage  of  this  act,  make  ida  entitled  to  a 
an  actual  settlement  within  that  part  of  Florida  situated  and  btfn«J£i2ST«  32 
south  of  the  line  dividing  townships  numbers  nine  and  ten  south,  and  following  condi- 
east  of  the  base  line,  shall  be  entitled  to  one  quarter-section  of  said  tions. 
land,  on  the  following  conditions  and  stipulations : 

First.  That  said  settler  shall  obtain  from  the  register  of  the  land     TO  obtain  aper- 
office,  in  the  district  in  which  he  proposes  to  settle,  a  permit  describing  mit      describing 
as  particularly  as  may  be  practicable,  the  place  where  his  or  her  settle- the  land, 
ment  is  intended  to  be  made:  Provided,  That  no  person  who  shall  be    Proviso, 
a  resident  of  Florida  at  the  time  of  the  passage  of  this  act,  who  shall 
be  the  owner  of  one  hundred  and  sixty  acres  of  land,  at  the  time  he 
proposes  to  settle,  shall  be  entitled  to  a  permit  from  the  register. 

Second.  That  said  settler  shall  reside  in  the  Territory  of  Florida,  .  Five  years' res- 
south  of  said  township  line,  for  five  consecutive  years,  and  to  take  his  idence. 
grant  on  any  public  land  south  of  that  township. 

Third.  That  said  settler  shall  erect  thereon  a  house  fit  for  the  habi-     Erection  of  a 
tation  of  man,  and  shall  clear,  enclose,  and  cultivate  at  least  five  acres  nouae»  &c- 
of  said  land,  and  reside  thereon  for  the  space  of  four  years  next  follow- 
ing the  first  year  after  the  date  of  his  permit,  if  he  or  she  shall  so  long 
live. 

Fourth.  That  such  settler  shall,  within- one  year  after  the  survey  of     Settlements, 
said  lands,  and  the  opening  of  the  proper  office  for  the  entry  and  sale  &cv  h°w  to  ^e 
of  the  same  by  the  United  States,  prove,  before  such  tribunal  and  in  Proved- 
such  manner  and  form  as  shall  be  prescribed  by  the  Commissioner  of 
the  General  Land  Office,  with  the  approval  of  the  President,  the  fact 
that  the  settlement  has  been  commenced,  and  the  particular  quarter- 
section  upon  which  it  is  located ;  and,  also,  that  such  settler  shall, 
within  six  months  after  the  expiration  of  five  years  from  the  date  of 
his  permit,  prove,  in  like  manner,  the  fact  of  continued  residence  and 
cultivation,  as  required  in  the  second  and  third  conditions  herein  above 
prescribed;  whereupon,  and  not  until  then,  a  patent  shall  issue  to  said 
settler,  for  such  quarter- section. 

SEC.  2.  And  be  it  further  enacted,  That  in  the  case  of  the  settlement     in  case  of  set 
of  the  same  quarter-section  by  two  or  more  settlers,. the  right  tothetlement  by  two 
location  shall  be  determined  by  priority  of  settlement,  to  be  ascer-ormore'  the  right 
tained  under  such  rules  as  the  Commissioner  of  the  General  Land  Office,  b°y  priority™11 
with  the  approval  of  the  President,  may  prescribe ;  and  the  subsequent 
settler  or  settlers  shall  be  permitted  to  locate  the  quantity  he,  she,  or 
they  may  be  entitled  to  elsewhere  within  the  same  township,  upon  va- 
cant public  lauds. 

SEC.  3.  And  be  it  further  enacted,  That  no  right  or  donation  shall  be  Settlements  not 
acquired  under  this  act  within  two  miles  of  any  permanent  military  to  be  made  within 
post  of  the  United  States,  established  and  garrisoned  at  the  time  such  p^rmanVnt  ^uli- 
settlement  and  residence  was  commenced.  tary  post. 

SEC.  4.  And  be  it  further  enacted,  That  all  sales,  gifts,  devises,  agree-     Sales,   &c.,  of 
ments,  bonds,  or  powers  to  sell,  transfers,  or  liens,  whatsoever,  private  l*nd  acquired  by 
or  judicial,  of  the  lands,  or  any  portion  thereof,  acquired  by  this  act,  thtfpatents  have 
made  at  any  time  before  patents  shall  have  issued  for  the  same,  shall  iasued,  void, 
be  utterly  void  and  without  effect,  to  every  intent  and  purpose,  whether 


684  FLORIDA. 

in  law  or  equity;  and  the  purchaser  or  obligee,  under  any  such  sale, 
agreement,  bond,  or  power  to  sell,  transfer,  or  lien,  shall  not  be  entitled 
to  recover  back  the  price  or  consideration  paid  therefor,  but  shall  for- 
feit the  same  absolutely  to  such  settler  or  his  heirs. 

on  thftdfiftthof     SEC.  5.  And  le  it  further  enacted,  That  upon  the  death  of  any  settler 
a     settler,     his  before  the  end  of  the  five  years,  or  before  the  issuing  of  the  patent,  all 
rights  descend  to  his  rights  under  this  act  shall  descend  to  his  widow  and  heirs  at  law, 
his  widow,  &c.     if  be  ieaves  a  widow,  and  to  his  heirs  at  law,  if  he  leaves  none,  to  be 
held  and  divided  by  them  according  to  the  laws  of  Florida,  any  previ- 
ous sale  or  transfer  of  the  same  or  of  any  interest,  legal  or  equitable,  in 
the  same,  to  the  contrary  notwithstanding.    And  proof  of  his  compli- 
ance with  the  conditions  of  this  act,  up  to  the  time  of  his  death,  shall 
be  sufficient  to  entitle  them  to  the  patent,  (a) 

In  case  of  set-  SEC.  6.  And  be  it  further  enacted,  That  where  any  settlement,  by  the 
tlement  before  erection  of  a  dwelling,  or  the  cultivation  of  any  portion  thereof,  shall 
survey  on  a  16th  |je  maae  upon  the  sixteenth  section,  before  the  same  shall  be  surveyed, 

schoonands^bl*11611  and  in  that  case  other  lands  sha11  be  8elected  b?  the  school  corn- 
selected,  missioners  of  the  township,  in  lieu  of  said  section  sixteen,  or  such  part 

thereof  as  may  be  claimed  under  this  act.  (&) 

Land  for  set-  SEC.  7.  And  le  it  further  enacted,  That  not  exceeding  two  hundred 
tlement  limited,  thousand  acres  of  land  shall  be  taken  for  settlement  under  this  act. 

President  may  SEC.  8.  And  le  it  further  enacted,  That  the  President  of  the  United 
suspend  the  set-  States  may,  at  any  time,  by  proclamation,  suspend  all  further  permits 
tlement.  an(j  gettlements  under  this  act,  by  giving  three  months'  notice  thereof. 

Names  of  set-     SEC.  9.  And  le  it  further  enacted.  That  the  Commissioner  of  the  Gen- 
tiers,  &c.,  to  be  eral  Land  Office  shall,  on  or  before  the  first  day  of  February,  eighteen 
reported  to  Con-  hundred  and  forty-four,  report  to  Congress  the  names  of  every  indi- 
vidual who  shall  have  made  the  actual  settlement  required  by  the  first 
section  of  this  act,  specifying  the  heads  of  families,  and  the  single  men, 
and  the  location  of  each  quarter-section  occupied  by  each  of  said  set- 
tlers, (a) 

(a)  SeeNos.  1671,1679. 
(6)  See  Nos.  1635, 1642, 1649, 1668, 1674. 


Aug.  11, 1842.  No.  1666.— AN  ACT  for  the  relief  of  Henry  Gee. 

Be  it  enacted,  #c.,  That  Henry  Gee,  of  Florida,  be,  and  he  is  hereby, 


Authorized  to  authorized  to  locate,  on  any  of  the  unappropriated  public  lands  within 
rf\eha\aofd  which  the  Territory  of  Florida,  the  same  number  of  acres  of  land  which  was 
he  was  deprived,  contained  in  the  northeast  quarter  of  fractional  section  twenty- three, 
in  township  one,  of  range  eight,  north  and  west,  of  which  he  was  de- 
prived by  the  entry  of  Michael  Lott,  made  at  the  land  office  at  Tallahassee, 
on  the  twentieth  August,  eighteen  hundred  and  forty,  and  the  certifi- 
cate of  which  is  numbered  eight  thousand  three  hundred  and  ninety- 
eight. 

Aug.  30, 1842.  No.  1667.— AN  ACT  to  establish  an  additional  land  office  in  Florida. 

Be  it  enacted,  $c.,  That  so  much  of  the  public  lands  of  the  United 


Alachua  land  States  in  the  Territory  of  Florida,  as  lies  east  of  the  Suwannee  River, 
8tab'and  west  of  the  line  dividing  ranges  twenty-four  and  twenty-five,  ex- 
cept that  lying  east  of  St.  Mary's  River,  north  of  the  basis  parallel, 
shall  form  a  new  land  district,  to  be  called  the  Alachua  land  district ; 
Land  office  at  and,  for  the  sale  of  the  public  lands  within  the  district  aforesaid  there 
NewnansviUe.     shall  be  a  land  office  established  in  the  town  of  Newnansville,  in  the 

county  of  Alachua,  in  the  Territory  aforesaid. 

Register  and  SEC.  2.  And le  it  further  enacted,  That  there  shall  be  a  register  and 
receiver  t  o  b  e  receiver  appointed  to  said  office,  to  superintend  the  sale  of  the  public 
land  in  said  district,  who  shall  reside  at  the  town  of  Newnansville  afore- 
said, give  security  in  the  same  manner  and  sums,  and  whose  compen- 
sation, emoluments,  duties,  and  authorities,  shall,  in  every  respect,  be 
the  same,  in  relation  to  lands  to  be  disposed  of  at  said  office,  as  are  or 
may  be  by  law  provided  in  relation  to  the  registers  and  receivers  of 

Eublic  money  in  the  several  offices  established  for  the  sale  of  the  public 
mds.  (a) 

The  lands  sub-  SEC.  3.  And  le  it  further  enacted,  That  all  such  public  lands,  embraced 
within  the  district  created  by  this  act,  which  shall  have  been  offered 
for  sale  to  the  highest  bidder  at  any  land  office  in  said  Territory,  pur- 
suant to  any  proclamation  of  the  President  of  the  United  States,  and 
which  lands  remain  unsold  at  the  taking  effect  of  this  act,  shall  be  sub- 


FLORIDA. 

ject  to  be  entered  and  sold  at  private  sale  by  the  proper  officers  of  the 
office  hereby  created,  in  the  same  manner,  and  subject  to  the  same 
terms,  and  upon  like  conditions,  as  the  sale  of  said  land  would  have 
been  subject  to  in  the  said  several  land  offices  hereinbefore  mentioned, 
had  they  remained  attached  to  the  same.  (&) 

(a)  See  Nos.  1630,  1632,  1688,  1689, 1708. 

(&)  See  Nos.  1630,  1635,  1651,  1652,  1670,  1672,  1684,  1691,  1692,  1695, 1713,  1714. 


685 


No.  1668.—  AN  ACT  to  authorize  the  selection  of  certain  school  lands  in  the  Terri-     June  15,  1844. 
lories  of  Florida,  Iowa,  and  Wisconsin.  Vol.  5,  p.  666. 

Be.it  enacted,  fa.,  That  wherever  the  sixteenth  sections  in  said  Terri-     when  a  16th 
tories,  either  in  whole  or  in  part,  are  now,  or  may  hereafter  be,  included  section  is  includ- 
in  private  claims  held  by  titles  confirmed  or  legally  decided  to  be  valid  ed  y°-  a  private 
and  sufficient,  other  lands  equivalent  thereto,  within  any  land  district  ?Jcent  maybe  se- 
in  said  Territories  most  adjacent  to  said  lands  so  taken  up  by  private  lected  in  fieu. 
claims,  "  which  have  been  offered  at  public  sale,  and  remain  unsold," 
may  be  selected  in  lieu  thereof,  under  the  direction  of  the  Secretary  of  the 
Treasury  :  and  the  lands  so  selected  shall  be  entered  in  the  office  of  the 
register  of  the  land  district  in  which  they  may  lie,  and  be  by  such  reg- 
ister reported  to  the  Commissioner  of  the  General  Land  Office  as  school 
lands  selected  under  this  act  :  Provided  —  That,  before  making  any  entry    Proviso. 
of  such  other  lands,  the  case  shall  be  made  out  to  the  satisfaction  of 
the  register  and  receiver  of  said  district,  agreeably  to  rules  to  be  pre- 
scribed by  the  Commissioner  of  the  General  Land  Office,  for  the  purpose 
of  showing  that  the  sixteenth  section,  or  part  thereof,  has  been  included 
in  the  manner  above  mentioned,  (a) 
(a)  See  Nos.  1635,  1642,  1649,  1665,  1674. 


No.  1669.—  AN  ACT  to  confirm  to  the  city  of  Fernandina  in  Florida,  certain  lota     June  15,  1844. 
reserved  for  public  use  by  the  Spanish  Government.  Vol.  5,  p.  667. 

Be  it  enacted,  fa.,  That  lots,  numbers  five  and  seven  of  block  number  —  T  Ojot  T 
two,  in  the  plan  of  the  city  of  Fernandina,  be  and  are  hereby  confirmed  e^  for  purposes 
and  relinquished  to  the  corporate  authorities  of  the  said  city  for  such  designed  by 
uses  as  were  designed  by  the  Spanish  Government  in  the  original  plan  Spanish  Govern- 
of  the  said  city  :  Provided,  That  before  the  issue  of  patents  for  the  m 
same,  it  shall  be  shown  to  the  satisfaction  of  the  President  of  the 
United  States,  that  the  said  lots  were  intended  to  be  reserved  in  the 
plan  of  said  city,  for  a  public  use. 


No.  1670.— AN  ACT  to  authorize  the  issuing  of  patents  for  certain  lands  in  the  June  15, 1844. 
St.  Augustine  land  district  in  Florida,  the  sales  of  which  were  not  regularly  re-  Vol.  5,  p.  671. 
ported.  . 

Be  it  enacted,  fa.,  That  in  all  cases  where  it  shall  appear,  to  the  satis-    Where  applica- 
faction  of  the  Commissioner  of  the  General  Land  Office,  that  individu-  S^JS?!?? 
als  had  applied  to  John  C.  Cleland,  late  receiver  at  St.  Augustine,  in  c    cieland,  but 
Florida,  while  acting  as  receiver,  for  the  entry  of  any  of  the  lands  in  he  did  not  make 
that  district,  and  had  made  payment  to  him  therefor,  as  required  by tne  returns,  pat- 
law,  and  where  said  Cleland  failed  to  furnish  the  usual  evidence  of  ents  to  188ue> 
such  payments  to  the  register  of  the  land  office  aforesaid,  and  to  make 
the  usual  returns  thereof  to  the  General  Land  Office,  such  individuals 
shall  be  entitled  to  receive  patents  for  such  entries,  where  the  lands 
applied  for  by  them  have  not  since  been  sold  :  but  if  sold,  the  money 
paid  by  them  may  be  applied  to  the  purchase  of  any  other  land  in  that 
district  subject  to  entry  at  private  sale :  Provided,  That  this  act  shall    Proviso, 
only  apply  to  those  cases  where  evidence  that  such  application  was 
made,  is  now  in  the  General  Land  Office,  (a) 

(a)  See  Nos.  1630,  1635,  1651,  1652,  1667,  1672,  1684,  1691, 1692,  1695,  1713,  1714. 


No.  1 671  .—AN  ACT  to  amend  an  act  entitled  "An  act  to  provide  for  the  armed     June  15, 1844. 
occupation  and  settlement  of  the  unsettled  part  of  the  peninsula  of  Florida."  VoL  5,  p.  671. 

Be  it  enacted,  fa.,  That  in  any  case  in  which  it  shall  appear  to  the  where  location 
Commissioner  of  the  General  Land  Office  that  the  location  made  by  a  under  act  of  Aug. 
settler  under  the  act  approved  August  fourth,  eighteen  hundred  and  4, 1842,  was  made 
forty-two,  entitled,  "An  act  to  provide  for  the  armed  occupation  and  upon  land  liable 
settlement  of  the  unsettled  part  of  the  peninsula  of  Florida,"  was  JL°  °vf  chaneed* 
located  upon  lands  which  were  discovered  after  the  issue  of  the  permit  y 
to  be  liable  to  overflow,  it  shall  be  lawful  for  the  said  Commissioner  to 


£86  FLORIDA. 

authorize  the  change  of  the  location  to  any  other  vacant  quarter-sec- 
Proviao.  tiou  within  the  same  land  district :  Provided  Application  for  permission 

to  change  the  location  shall  have  been  made  at  the  proper  land  office 
before  the  fourth  day  of  August,  eighteen  hundred  and  forty-three. 
When  settle-      SEC.  2.  And  be  it  further  enacted,  That  in  all  cases  in  which  settle- 
ment was  made  ments  have  been  made  under  the  provisions  of  said  act,  upon  lands 
before  survey,  not  surveyed  before  the  issue  of  permit,  the  settler  may,  after  survey, 
™ayle™i  locate  his  quarter-section  in  any  legal  subdivisions  of  continuous  or 
subdivisions,    so  contiguous  sections,  or  fractional  sections,  so  as  to  make  up  the  quan- 
as  to  include  his  tity  of  one  hundred  and  sixty  acres,  as  may  be,  and  to  include  his  im- 
improvement.       provements,  and  as  much  of  the  lands  described  in  his  permit  as  is 

consistent  with  the  system  of  the  public  surveys. 

Settler  may  re-  SEC.  3.  And  be  it  furtlier  enacted,  That  the  settlers  under  said  act  may 
side  on  land  not  erect  their  dwellings,  and  reside  upon  other  than  the  quarter-section 
in  permit,  described  in  their  permit,  Provided,  The  land  upon  which  they  so  erect 

their  habitation  shall  be  entered  and  paid  for  by  them,  if  in  market,  or 
if  not  in  market,  shall  be  so  entered  within  three  months  after  it  shall 
Proviso.  have  been  offered  at  public  sale.     And  provided,  also,  That  the  condi- 

tion of  cultivation  on  the  land  described  in  the  permit  shall  be  faith- 
fully complied  with  according  to  the  terms  of  the  act  to  which  this  is 
an  amendment. 

When  title  of  SEC.  4.  And  be  it  furtlier  enacted,  That  in  any  case  in  which  the  title 
United  States  of  the  United  States  to  the  land  or  any  part  of  it,  not  less  than  forty 
is  defective,  set-  acres,  described  in  the  permit  issued  by  the  land  office  to  any  settler, 
elsewhere  or  contained  in  the  quarter-section  upon  which  he  shall  have  been 

located,  shall  prove  to  be  defective,  a  tract  of  land  equal  in  quantity  to 
that  of  which  the  title  shall  have  proved  defective  as  aforesaid,  may 
be  located  elsewhere  upon  vacant  surveyed  lands  within  the  same 
township,  or  within  the  nearest  township  in  which  there  shall  be  suf- 
ficient quantity  of  vacant  arable  land. 

Settler    may     SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  competent  for  any 
perfect  his  title,  8ebtler  under  the  said  act  to  perfect  his  title  to  the  quarter- section 
located  and  described  in  the  permit,  by  paying  to  the  receiver  of  the 
land  office  in  the  appropriate  district  the  sum  of  one  dollar  and  twenty- 
Proviso,  five  cents  per  acre  for  the  said  quarter-section :  Provided,  That  such 
settler  shall  prove  to  the  satisfaction  of  the  register  and  receiver  for 
the  proper  land  district,  that  up  to  the  date  of  his  application  to  make 
payment,  he  has  fully  complied  with  the  requirements  of  the  act  to 
which  this  is  an  amendment,  (a) 

(a)  See  Nos.  1665, 1679. 


June  15, 1844.     No.  1672.— AN  ACT  to  confirm  certain  entries  of  land  in  the  St.  Augustine  land 
Vol.  5,  p.  673.          district,  in  the  Territory  of  Florida,  made  under  the  pre-emption  law  of  22d  June, 

1838. 


Patents  to  is  -  Be  a  enacted,  #c.t  That  the  President  of  the  United  States  be,  and  he 
madTat  Saint  is  hereby,  authorized  to  issue  patents  on  all  entries  made  in  the  St.  Au- 
Augustine  under  gustine  land  office  in  the  Territory  of  Florida,  under  the  act  entitled 
act  of  June  22,  "An  act  to  grant  pre-emption  rights  to  settlers  on  the  public  lands," 
stamT  '  D°dWf  tbt  aPProved  twenty-  second  June,  eighteen  hundred  and  thirty-eight,  where 


sam  t 

in  proof;  tne  land  8O  entered  was  public  land  and  liable  to  the  operations  of  said 

act,  any  informality  in  the  proof,  or  other  existing  defect  therein,.  or  in 
Proviso.  the  mode  of  entry,  to  the  contrary  notwithstanding:  Provided,  That 

this  act  shall  apply  only  to  the  cases  where  the  settlers  were  forced  from 
their  homes  by  reason  of  Indian  hostilities,  and  consequently  were  un- 
able to  make  out  the  continuous  residence  required  by  the  law.  (a) 
(a)  See  Nos.  1630,  1635,  1651,  1652,  1667,  1670,  1684,  1691,  1692,  1695,  1713,  1714. 

March  3,  1845.    No.  1673.—  AN  ACT  for  the  admission  of  the  States  of  Iowa  and  Florida  into  the 
Vol.  5,  p.  742.  Union. 


[See  IOWA,  No.  1776.] 


March  3,  1845.   No.  1674.— AN  ACT  supplemental  to  the  act  for  the  admission  of  Florida  and  Iowa 

Vol.5, p. 788.  into  the  Union,  and  for  other  purposes. 

Grant  of  lands     ^e  ^  enacted,  #c.,  That  in  consideration  of  the  concessions  made  by 

for  seat  of  gov-  the  State  of  Florida  in  respect  to  the  public  lands,  there  be  granted  to 

S™inVublictnesaid  State  eigut  entire  sections  of  land  for  the  purpose  of  fixing 

their  seat  of  Government ;  (a)  also,  section  number  sixteen  in  every 

township,  or  other  lands  equivalent  thereto,  for  the  use  of  the  inhab- 


FLORIDA.  687 

itants  of  such  township,  for  the  support  of  public  schools ;  (&)  also,  two 
entire  townships  of  land,  in  addition  to  the  two  townships  already  re- 
served, for  the  use  of  two  seminaries  of  learning — one  to  be  located  east, 
and  the  other  west  of  the  Suwannee  River;  (c)  also,  five  per  centum  of 
the  net  proceeds  of  the  sale  of  lands  within  said  State,  which  shall  be 
hereafter  sold  by  Congress,  after  deducting  all  expenses  incident  to  the 
same ;  and  which  said  net  proceeds  shall  be  applied  by  said  State  for 
the  purposes  of  education. 

SEC.  2.  And  be  it  further  enacted,  That  all  the  laws  of  the  United  States    Application  of 
which  are  not  locally  inapplicable,  shall  have  the  same  force  and  effect  panted  states 
within  the  said   State  of  Florida,  as  elsewhere  within   the  United laws  to  Florida- 
States,  (d) 

(a)  See  Nos.  1632, 1640, 1642. 

(b)  See  Nos.  1635, 1642, 1649, 1665, 1668. 

(c)  See  Nos.  1630, 163!),  1655. 

(d)  See  Nos.  1499,  1625,  1626, 1627, 1628, 1637, 1646, 1673. 

No.  1675.— AN  ACT  for  the  relief  of  John  Milsted,  of  Escambia  County,  Florida.      Aug.  8,  1846. 
Be  it  enacted,  #c,,  That  John  Milsted  be  authorized  to  surrender  the     Yol-9>P-667- 
evidence  of  title  issued  to  him  by  the  United  States  for  the  northeast     John    Milsted 
quarter  of  the  southeast  quarter  of  section  twenty-five,  in  township  authorized    to 
three  north,  of  range  twenty-three  west,  entered  by  him  at  the  land  leSSof'titteto 
office  at  Tallahassee,  in  the  Territory  (now  State)  of  Florida,  by  mis  a  quarter-section 
take ;  and  upon  the  surrender  of  such  evidence  of  title,  under  such  of  land,  and  to 
rules  and  regulations  as  the  Commissioner  of  the  General  Land  Office  ?nt.er  °Jher  1{*nd 
may  prescribe,  the  said  John  Milsted  shall  be  authorized  to  enter,  m^Xy   to   be 
lieu  thereof,  the  northeast  quarter  of  the  southeast  quarter  of  section  made  in    six 
twenty-five,  in  township  three  north  of  range  thirty-two  west,  it  being  months, 
the  tract  that  the  said  John  Milsted  intended  to  enter:  Provided,  That    proviso, 
the  said  entry  shall  be  made  within  six  months  after  the  passage  of  this 
act :  And  provided  further,  The  said  entry  shall  not  be  made  to  the  preju- 
dice of  the  rights  of  any  other  person  or  persons. 

No.  1676.— AN  ACT  for  the  relief  of  the  heirs  and  legal  representatives  of  Richard     Aug.  10, 1846. 
C.  Allen,  deceased.  Vol.  9,  p.  676, 


Be  it  enacted,  #c.,  That  the  heirs  or  legal  representatives  of  Richard  C.     Heirs  or  legal 
Allen,  deceased,  late  of  the  Territory  (now  State)  of  Florida,  be  author-  representatives 
ized  to  enter  and  patent,  under  such  regulations  as  the  Secretary  of  the  of  ,?•  9'  ^/len 
Treasury  may  prescribe,  one  section  of  public  land,  according  to  legal  ter   and   patent 
subdivisions,  subject  to  sale  in  the  State  of  Florida,  to  which  there  one    section    of 
may  be  no  preemption  right,  in  full  satisfaction  of  all  claims  for  the  land  in  Florida. 
services  and  expenses  of  said  Allen  in  locating  lands  reserved  for  a 
seminary  of  learning  in  said  State. 

No.  1677.—  AN  ACT  to  regulate  the  exercise  of  the  appellate  jurisdiction  of  the     Feb.  22,  1847. 
Supreme  Court  of  the  United  States,  in  certain  cases,  and  for  other  purposes.  Vol.  9,  p.  128. 

Be  it  enacted,  #c.,  That  all  and  singular  the  records  of  the  proceedings    Jurisdiction  of 
in  the  several  cases  which  were  pending  in  the  superior  courts  [of  the]  suits. 
late  Territory  of  Florida,  under  and  by  virtue  of  the  act  of  Congress  of    Records    a  nd 
the  twenty-third  of  May,  eighteen  hundred  and  twenty-eight,  entitled  STki  cffes  £ 
" 


An  act  supplementary  to  the  several  acts  providing  for  the  settlement  be  transferred  to 
and  confirmation  of  private  land  claims  in  Florida,"  and  under  and  by  the   district 
virtue  of  an  act  entitled  "An  act  to  provide  for  the  final  settlement  of  °  °.u  rt   of   the 
land  claims  in  Florida,"  approved  twenty-sixth  May,  eighteen  hundred  the    SsMrt    of 
and  thirty,  and  in  the  several  cases  which  were  pending  in  the  court  of  Florida. 
appeals  of  the  same  Territory,  on  the  third  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty-five,  and  all  and  singu- 
lar the  records  of  the  proceedings  in  the  several  cases  in  which  judg- 
ments or  decrees  had  been  rendered  in  the  said  courts  on  or  before  that 
day,  and  from  which  writs  of  error  could  have  been  sued  out  or  appeals 
could  have  been  taken,  or  from  which  writs  of  error  had  been  sued  out, 
or  appeals  had  been  taken,  and  prosecuted  to  the  Supreme  Court  of  the 
United  States,  according  to  the  laws  of  the  United  States  which  were 
in  force  on  the  said  third  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty-five,  shall,  from  and  after  the  passing 
of  this  act,  be  transferred  to  and  deposited  in  the  district  court  of  the 
United  States  for  the  district  of  Florida. 


688  FLORIDA. 

The  judge   to     SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  judge 
cause  the  same  to  Of  tne  district  court  of  the  United  States  for  the  district  of  Florida, 
k®  immediately  after  the  passing  of  this  act,  to  cause  the  same  to  be  noti- 
periorcourts.  &c.  fied  to  the  several  clerks  of  the  superior  courts,  or  other  officers  or  per- 
sons having  in  their  possession  or  custody  the  records  of  the  proceed- 
ings in  the  first  section  of  this  act  referred  to  and  described,  and  to 
demand  the  delivery  of  the  same,  to  be  deposited  as  in  and  by  the  said 
first  section  of  this  act  is  required  ;  and  on  the  refusal  of  such  clerk  or 
other  officer  or  person  to  comply  with  such  demand,  the  said  judge  of 
•T)  r          f       the  district  court  of  the  United  States  is  hereby  authorized  and  required 
cords, V&I,  may  to  compel  the  delivery  of  the  said  records  by  attachment  or  otherwise, 
he  compelled.       according  to  law. 

"Writs  of  error     SEC.  3.  And  l>e  it  further  enacted,  That  in  all  cases  in  which  judgment 
and  appeals    to  or  decrees  have  been  rendered  in  the  said  superior  courts  or  couitof 
the    Su  p re  me  appea]8  of  tHe  late  Territory  of  Florida,  and  from  which  writs  of  error 
United  St°at  es,  have  been  sued  outer  appeals  have  been  taken  to  the  Supreme  Court  of 
from    certain  the  United  States,  the  said  Supreme  Court  shall  be,  and  is  hereby, 
courts  in  Flori-  authorized  to  hear  and  determine  the  same,  and  the  mandates  of  the 
said  Supreme  Court  for  the  execution  of  the  judgments  or  decrees  so  to 
be  rendered  by  them,  and  all  other  writs  which  may  be  necessary  in  the 
exercise  of  the  appellate  jurisdiction  of  the  said  Court  in  such  cases, 
shall  be  directed  to  the  district  court  of  the  United  States  for  the  dis- 
trict of  Florida ;  and  the  said  district  court  shall  cause  the  same  to  be 
duly  executed  and  obeyed. 

District  court  SEC.  4.  And  be  it  further  enacted,  That  the  district  court  of  the  United 
of  Florida  to^take  gtatesfor  the  district  of  Florida  shall  take  cognizance  of  all  cases  which 
certak)  cases.  were  pending  and  undetermined  in  the  said  superior  courts,  under  and 
by  virtue  of  the  act  of  Congress  of  the  twenty-third  May,  eighteen  hun- 
dred and  twenty-eight,  entitled  "An  act  supplementary  to  the  several 
acts  providing  for  the  settlement  and  confirmation  of  private  land  claims 
in  Florida,"  and  under  and  by  virtue  of  an  act  entitled  "An  act  to  pro- 
vide for  the  final  settlement  of  land  claims  in  Florida,"  approved  twenty- 
sixth  May,  eighteen  hundred  and  thirty ;  and  of  all  cases  which  were 
pending  and  undetermined  in  the  court 'of  appeals  of  the  late  Territory 
of  Florida,  and  from  the  judgments  or  decrees  to  be  rendered  in  which 
writs  of  error  could  have  been  sued  out  or  appeals  could  have  been  taken 
to  the  Supreme  Court  of  the  United  States,  under  the  laws  which  were 
in  force  on  the  third  day  of  March,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and 'forty -five,  and  shall  proceed  to  hear  and  deter- 
mine the  same;  and  from  the  judgments  or  decrees  to  be  rendered  by 
Appeals.  the  said  district  court,  writs  of  error  may  be  sued  out  or  appeals  may 

be  taken  to  the  Supreme  Court  of  the  United  States,  in  the  same  man- 
ner as  if  such  judgments  or  decrees  had  been  rendered  in  the  court  of 
appeals  of  the  Territory  of  Florida ;  and  the  mandates  and  all  writs 
necessary  to  the  exercise  of  the  appellate  j  urisdiction  of  the  said  Supreme 
Court  in  such  cases,  shall  be  directed  to  the  district  court  of  the  United 
States  for  the  district  of  Florida,  and  the  said  district  court  shall  cause 
the  same  to  be  duly  executed  and  obeyed. 

Oneyearallow-     SEC.  5.  And  be  it  further  enacted,  That  in  all  cases  not  legally  trans- 

in  certatoPacases  ferred  to  the  State  courts  in  which  judgments  or  decrees  have  been  ren- 

for  suing  out  dered  in  the  superior  courts  or  court  of  appeals  of  the  late  Territory  of 

writs    of    error  Florida  from  which  writs  of  error  could  have  been  sued  out  or  appeals 

and   taking   ap-  could  have  been  taken  to  the  court  of  appeals  of  said  Territory,  or  to 

Sme    Court the  SuPreme  Court  of  the  United  States  under  the  laws  which  were  in 

of  United  States,  force  on  the  third  day  of  March,  in  the  year  of  our  Lord  one  thousand 

eight  hundred  and  forty -five,  and  in  which  writs  of  error  have  not 

hitherto  been  sued  out  or  appeals  have  not  hitherto  been  taken,  there 

shall  be  allowed  to  the  parties  in  the  said  cases  the  term  of  one  year, 

from  and  after  the  passing  of  this  act,  for  suing  out  such  writs  of  error 

or  taking  such  appeals  to  the  Supreme  Court  of  the  United  States,  which 

shall  have  jurisdiction  to  review  the  same. 

Transferof  un-      SEC.  6.  And  be  it  further  enacted,  That  any  unfinished  business  or  pro- 
finished  business  ceedings  now  remaining  or  pending  before  the  judge  of  the  superior 
^S8-  court  at  St.  Augustine,  as  a  commissioner  under  and  by  virtue  of  the 
"Act  for  the  relief  of  certain  inhabitants  of  East  Florida,"  approved 
twenty-sixth  June,  eighteen  hundred   and  thirty-four,  or  under  any 
other  act  granting  special  powers,  or  imposing  special  duties  upon  said 
judge  be,  and  the  same  are  hereby,  transferred  to  the  judge  of  the  dis- 
trict court  of  the  district  of  Florida,  to  be  proceeded  in  and  finished,  or 
decided,  in  the  same  manner  provided  for  by  law;  and  the  said  district 


FLORIDA.  689 

judge  shall  have,  exercise,  and  possess,  the  same  duties,  powers,  and 
rights,  which  have  by  virtue  of  the  act  of  twenty-sixth  June,  eighteen 
hundred  and  thirty-four  aforesaid,  or  otherwise,  been  possessed  and  ex- 
ercised by  the  said  judge  of  the  superior  court  at  St.  Augustine,  so  far 
as  may  be  necessary  to  enable  the  said  district  judge  to  determine  and 
finish  any  matter,  business,  or  proceedings  now  pending  and  undeter- 
mined before  the  judge  of  the  superior  court  aforesaid,  by  virtue  of  any 
such  special  act. 

SEC.  7.  And  ~be  it  further  enacted,  That  all  and  singular,  the  provisions     The  provisions 
of  this  act,  so  far  as  may  be,  shall  be,  and  they  are  hereby,  made  appli-  of  this  act  made 
cable  to  all  cases  which  were  pending  in  the  supreme  or  other  superior  Jffi1  ^iy0,,^ 
courts  of  and  for  the  late  Territory  of  Michigan  at  the  time  said  Terri-  the courts of  "the 
tory  was  admitted  as  a  State  into  the  Union,  and  to  all  cases  in  which  late  Territory  of 
judgments  or  decrees  have  been  rendered  in  said  supreme  or  superior  Michigan. 
court  of  said  late  Territory  of  Michigan,  and  not  hitherto  removed  as 
aforesaid  by  writ  of  error  or  appeal. 

SEC.  8.  And  ~be  it  further  enacted,  That  in  all  cases  pending  in  any  of     Other  cases 
the  superior  courts  of  said  Territory  of  Florida,  or  in  the  court  of  which  are  to  be 
appeals  of  said  Territory,  on  the  third  day  of  March,  eighteen  hundred  transferred  to  the 
and  forty- five,  and  not  legally  transferred  to  the  State  courts  of  the  the    dfetrict   of 
State  of  Florida,  and  which  said  Territorial  courts  continued  to  hold  Florida, 
cognizance  of,  and  proceeded  to  determine  after  said  day,  or  which  are 
claimed  to  have  been  since  pending  therein  as  courts  of  the  United 
States;  and  in  all  cases  of  federal  character,  and  jurisdiction  com- 
menced in  said  Territorial  courts  after  said  day,  and  in  which  judgments 
or  decrees  were  rendered,  or  which  are  claimed  to  have  been  since  pend- 
ing therein,  the  records  and  proceedings  thereof,  and  the  judgments  or 
decrees  therein  are  hereby  transferred  to  the  district  court  of  the 
United  States  for  the  district  of  Florida ;  and  writs  of  error  and  appeals     writs  of  error 
may  be  taken  by  either  party  to  remove  the  judgments  or  decrees  that  and  appeals, 
have  been,  or  may  be,  rendered  in  such  cases  unto  the  Supreme  Court 
of  the  United  States,  and  the  Supreme  Court  may  hear  and  decide  such 
cases  on  such  writ  of  error  or  appeal,  and  issue  its  mandate  to  said  dis- 
trict court :  Provided,  however.  Such  writ  of  error  or  appeal  shall  be 
taken  within  one  year  from  the  passage  o  f  this  act,  or  one  year  from     Limitation    of 
the  rendition  of  such  judgment  or  decree  hereafter  rendered :  And  pro-  on^  vea5' 
vided,  also,  That  nothing  in  this  act  shall  be  construed  as  affirming  or  this  act    ° 
disaffirming  the  jurisdiction,  power,  or  authority  of  the  Territorial 
judges  to  proceed  in,  or  try,  or  determine  such  cases  after  the  third  of 
March,  eighteen  hundred  and  forty-five,  but  the  same  may  be  referred 
to  said  Supreme  Court  for  its  decision  iu  all  said  ca;>T  on  such  writs  of 
error  or  appeal,  (a) 

(a)  See  Nos.  957,  961,  967,  1268,  1624,  1629,  1630,  1631,  1633,  1634, '.  J3t>,  1640,  1641,  1643, 
1647,  1699,  1700,  1701,  1704,  1710. 


No.  1678.— AN  ACT  respecting  certain  surveys  in  the  State  of  Florida.  June  28,  1848. 

Be  it  enacted,  #c.,  That-  the  Commissioner  of  the  General  Land  Office     YoL9'P-242- 
is  hereby  authorized  and  directed  to  cause  to  be  surveyed,  as  soon  as    Certain  islands* 
practicable,  the  islands  and  keys,  and  other  lands  in  South  Florida,  in-  kev8'  and  other 
terspersed  with  water,  which  cannot  conveniently  be  connected  withiJg^tobelnS 
the  regular  public  surveys ;  and  also  the  private  claims  or  grants  which  veyed 
have  been  duly  confirmed,  situate  in  said  State;  and  that  such  surveys 
of  said  islands,  keys,  and  lands  interspersed  with  water  as  aforesaid  may 
be  made  by  such  persons  on  such  terms,  and  in  such  mode  and  manner, 
as  said  Commissioner  may  deem  most  expedient  and  proper,  without 
connection  thereof  with  the  other  public  surveys,  by  township  lines  ; 
but  the  expense  thereof  shall  not  exceed  the  maximum  price  per  mile    Expenseof  sur- 
heretofore  allowed  for  surveys  by  the  United  States  in  other  States  or  veys  limited. 
Territories ;  and  the  surveys  of  said  private  claims  or  grants  may  be 
made  by  such  persons,  and  on  such  terms,  as  said  Commissioner  may 
deem  most  expedient  and  proper;  but  the  expense  thereof  shall  not  in 
any  case  exceed  twenty-five  per  centum  on  the  said  price  heretofore 
allowed  in  addition  to  such  price :  Provided,  hmcever,  That  it  shall  be     Provision    for 
the  duty  of  the  President  at  some  convenient  time,  and  before  offering  an    examination 
any  of  said  islands  for  pale,  to  have  an  examination  made  by,  and  a  re- before  8ale- 
port  from,  a  board  of  engineers,  to  ascertain  whether  any   of  said 
44  L  O — VOL  II 


690  FLORIDA. 

islands  or  parts  of  them,  and  if  so,  which  of  them,  should  be  reserved 
from  sale  for  the  use  of  the  United  States ;  and  that  all  islands  or  parts 
of  islands  recommended  by  such  board  to  be  reserved  for  public  use 
shall  be  reserved  from  sale,  (a) 
(a)  See  Nos.  1629, 1630, 1632. 

Julv  1   18-18       No.  1679.— AN  ACT  for  the  relief  of  the  bona-fide  settlers  under  the  acts  for  the 
Volf  9,  p.  243.  armed  occupation  and  settlement  of  a  part  of  the  Territory  of  Florida. 

Bona-fide  set-  Se  it  enacted,  $-c.,  That  in  all  cases  in  which  proof  shall  be  made  to  the 
tiers  under  th  e  satisfaction  of  the  Commissioner  of  the  General  Land  Office  that  any 
act  for  the  armed  person  who  obtained  a  permit  under  the  act  entitled  "An  act  to  provide 
ISS1**10?  of  a  for  the  armed  occupation  and  settlement  of  the  unsettled  part  of  the 
part  off  he  Terri  peninsula  of  Florida,"  approved  August  fourth,  eighteen  hundred  and. 
torv  of  Flo  r  i  d  a  forty-two,  and  who  was  an  occupant  under  that  act,  and  the  act  amenda- 
to  be  entitled  to  tory  thereof,  appro  red  June  fifteenth,  eighteen  hundred  and  forty-four, 
{aud^settledaad  and  wno  actually  occupied  or  settled  under  said  acts,  and  did  notVolun- 
occupied  by  tarily  relinquish' and  abandon  the  same,  but  continued  to  reside  on  said 
them.  frontier  south  of  said  line  specified  in  said  act  of  eighteen  hundred  and 

forty-two,  thereby  aiding  to  effect  the  object  of  said  acts,  and  who  has 
not  received  the  lands  provided  by  said  acts,  such  settler  shall  be  en- 
titled to  a  grant  and  patent  for  the  land  so  occupied  or  settled  by  him, 
the  same  as  if  all  the  conditions  and  stipulations  of  said  acts  and  re- 
quirements of  the  General  Land  Office  in  relation  thereto  had  been  fully 
and  strictly  fulfilled  and  complied  with. 

Settlers  may  lo-  SEC.  2.  Be  it  further  enacted,  That  in  all  cases  where  the  lands  set- 
cate  their  rights,  tied  or  occupied  by  such  settler,  or  any  part  thereof,  were  or  are  not 
w'thntberfe^o^eoa^sll^Jec*  to  donation  under  the  said  acts  on  any  account  whatever, 
claims  on  other  then  snch  settler  may  locate  his  right,  or  the  part  so  interfered  with, 
landsintho  same  on  any  vacant  public  lands  in  the  same,  or  any  adjacent  township, 
or  adjacent  town-  gEC.  3.  And  be  it  further  enacted,  That  this  act  shall  extend  to,  and 
T^his  act  ex-  ^e  construed  and  executed  for,  the  benefit  of  the  widow  and  heirs  of 
tended  to  widows  any  settler,  according  to  the  principles  of  the  fifth  section  of  said  first 
and  heirs  of  set-  above-recited  act. 

ti|rs'  *  «,       SEC.  4.  And  be  it  further  enacted,  That  immediately  after  the  passage 

Treasury'to  a {^  of  tnia  act»  ^e  Secretary  of  the  Treasury  shall  appoint  an  agent  to  pro- 
point  an  agent  to  ceed  forthwith  to  the  different  county  seats  of  the  counties  of  the  State 
proceed  to  Flori-  of  Florida,  where  said  lands  lie,  who  shall  attend  at  least  ten  successive 
da,\vherethesaid  day8  at  each  county  seat,  if  so  long  time  be  necessary,  to  take  and 
ce?ve  prooVin  receive  proof  by  depositions  before  him,  or  in  such  manner  as  he  may 
relation  to  such  prescribe  in  relation  to  such  settlement  or  occupation,  and  of  settlers 
settlement  and  being  entitled  under  this  act  to  a  grant  or  donation  of  land  as  aforesaid ; 
ccupation.  and  8aid  agentj  8hall  also  attend  at  such  other  places  in  said  settlements 
as  the  convenience  of  such  settlers  in  furnishing  their  proofs  may  de- 
Said  agent  to  mand,  under  the  instructions  of  the  General  Land  Office  ;  and  said  agent 
woofs1  taken  b?  8nall»  witnin  five  months  after  he  shall  commence  his  duties  in  said 
him,  with  h is  State,  transmit  all  the  proofs  he  may  take,  and  make  leport  of  his 
opinion  in  each  opinion  as  to  each  case  to  said  Commissioner  of  the  General  Land  Office, 
case,  to  the  Com-  wno  shall  proceed  forthwith  to  examine  and  decide  said  cases:  Provided, 
General  Land  0?  Tnat  if  anv  sutler  does  not  submit  his  proof  to  such  agent  within  four 
flee.  months  after  reasonable  notice,  by  advertisement  of  the  times  and  places 

Time  of  proof  of  his  attendance  to  receive  such  proof,  said  settlers  shall  not  have  the 
benefit  of  this  act ;  and  all  the  cases  reported  as  aforesaid  shall  be  defin- 
Decision,  how  itively  decided  by  the  Commissioner  of  the  General  Land  Office  within 
two  months  after  the  report  thereof  is  received  at  his  office ;  and  said 
Salary  of  agent,  agent  shall  be  allowed  the  same  compensation  as  is  allowed  by  law  to 
examining  agents  of  the  Treasury  Department,  (a) 
(a)  See  Nos.  1665, 1671. 

July  25,  1848.         No.  168O.— A.N  ACT  to  confirm  the  location  and  to  grant  a  quarter-section  of 
public  lands  for  the  county  site  of  Hillsborough  County,  State  of  Florida. 

Confirmation  Be  it  enacted,  ^'c.,  That  the  location  of  the  county  commissioners  of 
grantCof  TqSa?-  t!le  county  of  Hillsborough,  in  the  State  of  Florida,  of  one  hundred  and 
ter- section  of  sixty  acres  of  land  for  the  county  site  of  said  county,  at  Tampa,  viz  : 
land  to  Hillabo-  beginning  on  the  east  bank  of  Hillsborough  River,  at  the  point  where 
™UJIK  County,  the  reduced  military  reservation,  as  made  by  Major  L.  Whiting,  Sep- 
tysHe*  ^'tember  fourteenth,  eighteen  hundred  and  forty-six,  strikes  the  same; 

thence  up  said  river,  binding  thereon,  to  a  point  at  least  a  half  a  mile 


FLORIDA.  691 

in  a  straight  line  from  the  beginning  ;  thence  northeasterly  to  a  point 

from  whence  a  line  running  parallel  to  said  straight  line,  and  striking 

the  line  of  said  reduced  reservation  ;  and  thence  along  the  lines  of  said 

reservation  to  the  place  of  beginning  —  shall  include  between  said  river 

and  said  lines  one  hundred  and  sixty  acres  of  land;  and  the  same  is     Proceeds  of 

hereby  granted  to  said  commissioners  of  the  said  county,  and  their  sue-  JJrg'  J  pow  to  be 

cessors  in  office,  for  the  use  of  said  county,  the  proceeds  of  sales  to  be  v 

applied  to  the  building  of  a  court-house  aud  jail,  and  other  public  build- 

ings for  said  county  ;  and  the  Commissioner  of  the  General  Land  Office 

shall  cause  said  one  hundred  and  sixty  acres  of  land,  granted  as  afore- 

said, to  be  surveyed,  and  the  survey  confirmed,  as  soon  as  practicable; 

and  a  patent  shall  issue  therefor  to  said  commissioners,  for  the  use  of 

said  county,  as  aforesaid,  referring  to  this  act. 

No.  1  681.—  AN  ACT  for  the  relief  of  Jesse  Turner.  Aug.  14,  1848. 

Be  it  enacted,  #c.,  That  there  be,  and  hereby  is,  confirmed  unto  Jesse 


,      .,  ,  ,  -  -  —  —  —  — 

Turner,  of  the  State  of  Florida,  one  hundred  and  fifty  acres  of  land     The    title    of 
lying  on  the  north  side  of  Trout  Creek,  north  of  the  river  St.  John,  to  atract  "of  ^ISO 
the  west  of  the  Bouck  house,  in  the  county  of  Duval,  and  State  of  acres  of  iand  in 
Florida,  being  the  same  tract  of  land  surveyed  to  James  Turner  by  Florida    con- 
order  of  the  Spanish  Government  on  the  fifteenth  day  of  December,  firmed  to  him. 
eighteen  hundred  and  eighteen,  and  on  which  the  said  Jesse  Turner 
has  resided  upwards  of  twenty  years. 

No.  1682.—  AN  ACT  to  grant  to  the  Atlantic  and  Gulf  Eailroad  Company  the     March  3,  1849. 
right  of  way  through  the  public  lands  of  the  United  States.  Vol.  9,  p.  771. 


Be  it  enacted,  $c.,  That  the  right  of  way  shall  be,  and  is  hereby,  Right  of  way 
granted  to  the  Atlantic  and  Gulf  Railroad  Company,  over  and  through  through  the 
any  of  the  public  lands  of  the  United  States,  in  the  State  of  Florida,  lands  of  the  Unit- 
over  which  the  road  authorized  by  said  State  may  pass  ;  and  the  said  ®d  to  &^  Jtiant 
company  is  hereby  authorized  to  survey  and  mark  through  the  said  pub-  tic  and  Gulf 
lie  lands  to  be  held  by  them  for  the  track  of  said  road  one  hundred  feet  Railroad  C  om  - 
in  width  ;  and,  furthermore,  an  additional  quantity  of  twenty-five  feet  Pany- 
in  width  on  each  side  of  said  road  along  the  same. 

SEC.  '2.  And  be  it  further  enacted,  That  the  said  company  shall  have  Said  company 
the  right  to  take  from  the  public  lands  in  the  vicinity  of  said  road  all  may  *a|fe  from 
such  materials  of  earth,  stone,  or  wood,  as  may  be  necessary  or  conven-  guchmaterials  aa 
ient  from  time  to  time  for  the  actual  construction  and  lepair  of  said  may  be  neces- 
road  or  any  part  thereof.  sary. 

SEC.  3.  And  ~be  it  further  enacted,  That  there  shall  be,  and  is  hereby,     All  necessary 
granted  to  said  company  all  necessary  sites  for  watering-places,  depots,  sites  for  watering 
and  workshops,  along  the  line  of  said  road,  so  far  as  the  places  conven-  Pla  ce8'  anted  \o 
ient  for  the  same  may  fall  upon  the  public  lands  :  Provided,  That  no  one  said  company. 
depot  or  watering-place  shall  contain  over  five  square  acres,  and  that    Proviso. 
said  sites  shall  not  be  nearer  to  each  other  than  ten  miles  along  the 
line  of  said  road  :  Provided,  That  the  grants  herein  contained,  as  well  of    Proviso. 
the  use  of  the  public  lands  as  of  the  materials  for  the  construction  of 
said  road,  shall  cease  and  determine,  unless  the  road  be  begun  within 
two  years  and  completed  within  six  years  thereafter  :  And  provided, 
moreover,  That  if  the  said  road  shall  at  [any]  time  after  its  completion    Proviso. 
be  discontinued  or  abandoned  by  the  said  company,  the  grants  hereby 
made  shall  cease  and  determine,  (a) 

(a)  See  Nos.  1621,  1654,  1658,  1(559,  1690,  1691,  1703,  1706,  1707,  1709,  1712. 

No.  1683.—  AN  ACT  for  the  relief  of  Richard  H.  Barrett.  July  29,  1850. 

Be  it  enacted,  #c.,  That  Richard  H.  Barrett  shall  be  entitled  to  the 


northeast  quarter,  section  twenty-eighth,  township  ten,  south  range     Land  patent  to 
twenty-six  east,  in  the  St.  Augustine  district,  in  the  State  of  Florida  :  issue   to  R.  H. 
Provided,  That  it  shall  not  interfere  with  any  other  private  claimant,  Barrett 
and  that  a  patent  for  the  same  shall  be  issued  accordingly.  ??  fand 

No.  1684.—  AN  ACT  to  legalize  certain  entries  of  public  land  made  in  the  State     May  26,  1852. 

of  Florida.  Vol.  10,  p.  7. 

Beit  enacted,  $*c.,  That  the  several  entries  of  land  (embracing  tracts  Entries  at  New- 
once  reserved  to  satisfy  claims  under  the  armed  occupation  act,  butnansville  con- 
which  claims  were  forfeited  prior  to  the  allowance  of  said  entries,)  per-  firmed. 


692  FLORIDA. 

mitted  at  the  land  office  at  Newnansville,  in  the  State  of  Florida,  be, 
and  the  same  are  hereby  confirmed,  and  patent  shall  issue  thereon  as 
Proviso.  in  other  cases  :  Provided,  That  the  land  so  entered  shall  have  been,  upon 

the  faith  of  the  register's  certificate,  improved  by  the  party  in  interest 
under  said  certificate,  and  that  the  said  land  is  not  claimed  by  adverse 
parties,  (a) 

(a)  See  Nos.  1630, 1635, 1651, 1652, 1667, 1670, 1672, 1691,  1692,  1695,  1713,  1714. 


Feb  5  1853  No.  1685.— AN  ACT  for  the  relief  of  the  heirs  of  Jeremiah  Wingate. 

Vol.'  16,  p.  750.       B€  n  enacted,  $c.,  That  the  representatives  of  Jeremiah  WiDgate,  de- 
"  Title  of  repre-  ceased,  late  of  Florida,  be,  and  they  are  hereby,  confirmed  in  their  title 
sentatives   oftoa  certain  tract  of  land  containing  four  hundred  and  twenty  acres, 
Jeremiah     Win-  lying  on  the  north  side  of  Naussa  River,  in  the  State  of  Florida,  accord- 
gate  to  land  in  j      to  tne  piats  an(j  certificate  of  survey  made  by  George  J.  F.  Clarke, 
m"  dated  the  second  and  twenty-third  of  December  [and]  the  sixth  of  Oc- 
tober, eighteen  hundred  and  eighteen,  now  of  file  in  the  public  archives 
of  East  Florida,  the  said  tract  being  the  same  confirmed  to  the  said 
Jeremiah  Wingate  during  his  lifetime,  on  the  fifteenth  of  November, 
eighteen  hundred  and  twenty-seven,  by  the  " board  of  commissioners" 
appointed  to  ascertain  claims  and  titles  to  land  in  Florida,  pursuant  to 
the  act  entitled  "An  act  granting  donations  to  certain  actual  settlers  in 
the  Territory  of  Florida,"  approved  May  twenty-sixth,  eighteen  hun- 
dred and  twenty-four;  and  that  the  Commissioner  of  the  General  Land 
Office,  upon  the  presentation  of  the  aforesaid  plats  and  certificate  of 
Patent  to  issue,  survey  of  said  tract,  issue  a  patent  or  patents  for  the  same,  which  patent 
How  to  operate,    shall  operate  as  a  relinquishment  only  on  the  part  of  the  United  States. 


July  27,  1854.  No.  1686.— AN  ACT  for  the  relief  of  Manuel  Hernandez. 

Vol.io,  p.  792.       _ge  n  enacted,  tyc.,  That  Manuel  Hernandez  be,  and  he  is  hereby,  au- 

Manuel   Her-thorized  to  locate,  not  to  exceed  eight  hundred  arpens  of  land,  French 

nandez  to  locate  measure,  according  to  the  legal  subdivisions,  on  any  of  the  public  lands 

800  arpens    of  in  the  State  of  Florida,  subject  to  private  entry,  which  shall  be  in  full 

ifc  landsof6 Flor-  compensation  for  all  the  damages  he  may  have  sustained  in  being  dis- 

ida.  possessed  of  eight  hundred  arpens  of  land,  about  three  miles  distant 

from  the  mouth  of  the  Escambia  River,  lying  and  situate  between  the 

lands  of  Joseph  Noriega  and  those  of  the  free  mulatto  named  Charles, 

being  the  same  lands  that  were  granted  to  Joseph  Hernandez,  deceased, 

by  the  Spanish  Government,  on  the  eighth  day  of  October,  eighteen 

hundred  and  seventeen. 

Patent  to  be  is-  SEC.  2.  And  le  it  further  enacted,  That  the  Commissioner  of  the  General 
Land  Office,  upon  the  receipt  of  the  certificate  of  entry  from  the  regis- 
ter of  the  proper  land  office,  shall  cause  to  be  issued  a  patent  for  the 
lands  authorized  to  be  located  by  this  act. 


July  27,  1854.  No.  1687.— AN  ACT  for  the  relief  of  Thomas  D.  Jennings. 

VoL  10,  p.  795. 


>5-       Be  it  enacted,  $c.,  That  Thomas  D.  Jennings,  of  Florida,  be,  and  he  is 
Thomas    D.  hereby,  authorized  to  enter,  at  the  minimum  price  of  the  public  lands, 
Jennings  to  en-  a  quantity  of  land  not  exceeding  one  hundred  and  sixty  acres,  com- 
ter  160  acres  of  prising  the  improvement  on  which  his  late  father,  Lawrence  D.  Jen- 
ctraditions0**   m  Ping8>  resided  before  his  death,  on  due  proof  being  presented  to  the  reg- 
ister of  the  proper  land  office  that  he  would  have  been  entitled  to  a 
preemption  but  for  the  removal  of  the  family  after  the  death  of  the 
father. 

Aug.  5,  1854.       No.  1688.-AN  ACT  to  establish  a  land  district  in  the  State  of  Florida,  to  be  called 
\  ol,  10.  p.  590.  the  district  of  Tampa. 


land  dis^  ,£e  lt  ^n^ted,  #c.,  That  all  that  part  of  the  land  districts  of  Neunans- 
trict  established  ville  and  St.  Augustine  in  the  State  of  Florida,  lying  south  of  the  line 
in  Florida.  dividing  townships  nineteen  and  twenty,  south,  be,  and  the  same  is 

hereby  created  a  land  district,  to  be  called  the  district  of  Tampa,  the 
office  for  which  shall  be  at  Tampa. 

SEC.  a.  And  le  it  further  enacted,  That  this  act  shall  take  effect  at  the 
expiration  of  six  mouths  from  the  day  of-  its  passage,  (a) 
(a)  See  Xos.  1630,  1632,  1667,  1689,  1708. 


FLORIDA.  693 

No.  1689.— AN  ACT  to  amend  "An  act  to  establish  a  land  district  in  the  State  of     March  2,  1855. 
Florida,  to  be  called  the  district  of  Tampa.  "  Vol.  10,  p.  629. 


Be  it  enacted,  $c.,  That  the  President  be,  and  he  is  hereby,  authorized     Register    and 
to  appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  a  register  receiver  for  Tarn- 
and  a  receiver  for  the  land  district  called  Tampa,  in  the  State  of  Florida,  P»  !and  district, 
which  district  was  created  by  the  act  approved  August  fifth,  eighteen 
hundred  and  fifty -four,  whose  compensation,  duties,  responsibilities,  and 
emoluments  shall  be  the  same  as  is  or  may  be  prescribed  by  law  for  other 
land  officers  in  said  State,  (a) 

(a)  See  Nos.  1630, 1632, 1667, 1688, 1708, 


No.  1690.— AN  ACT  making  appropriations  for  the  naval  service,  for  the  year  end-     March  3,  1855. 
ing  the  thirtieth  of  June,  one  thousand  eight  hundred  and  fifty-six.  Vol.  10.  p.  675. 

##*•##  *  # 

SEC.  3.  And  be  it  further  enacted,  That  the  right  of  way,  one  hundred  Right  of  way 
feet  in  width,  through  the  lands  reserved  west  of  the  navy-yard,  Pen-  facola  for  a  rail" 
sacola,  be,  and  the  same  is  hereby,  granted  to  Jasper  Strong,  Geofrge  road. 
Terrill,  and  their  associates,  for  the  construction  of  a  railroad  from  the 
Perdido  River,  on  the  most  direct  and  practicable  route,  to  the  waters  of 
Pensacola  Bay,  and  the  use  of  any  timber,  or  other  materials  along  the 
route  of  said  road,  and  wilhin  a  half  a  mile  on  each  side  thereof, 
which  may  be  necessary  in  the  construction  thereof ;  and  at  the  terminus 
of  said  road  on  Pensacola  Bay,  the  said  Strong,  Terrill,  and  their  asso- 
ciates shall  have  the  privilege  of  erecting  a  wharf  and  of  establishing  a 
depot  for  lumber,  and  other  articles,  not  more  than  one  acre  in  extent : 
Provided,  Said  road  shall  be  constructed  on  such  line,  and  the  terminus 
be  at  such  point  on  Pensacola  Bay,  as  shall  be  approved  by  the  Navy 
Department :  And  provided,  further,  That  this  act  shall  not  be  so  con- 
strued as  to  authorize  said  Strong,  Terrill,  and  their  associates,  to  use  or 
destroy  any  timber  which  the  Navy  Department  may  direct  to  be  pre- 
served for  Navy  purposes :  And  provided,  further,  That,  in  the  opinion  of 
the  Secretary  of  Navy,  the  privileges  conferred  by  this  act  will  not  be 
prejudicial  to  the  public  interest,  or  public  property. 

SEC.  4.  And  ~be  it  further  enacted,  That  a  like  privilege,  in  every  respect,     Another  grant 
to  the  grant  herein  made  to  Jasper  Strong,  George  Terrill,  and  their  for  same  purpose, 
associates,  be,  and  the  same  is  hereby,  granted  to  James  Herron,  of 
Escambia  County,  and  his  associates,  for  the  construction  of  a  railroad 
from  his  steam  saw  and  grist  mills,  on  the  Perdido  River,  through  the 
Government  lands  west  of  the  navy-yard,  to  the  Bay  of  Pensacola.  (a) 

(a)  See  Nos.  1621, 1654, 1658, 1659, 1682,  1691, 1703, 1706, 1707, 1709, 1712. 


No.   1691.— AN  ACT  granting  public  lands,  in  alternate  sections,  to  the  States  of     May  17,  1856. 

Florida  and  Alabama,  to  aid  in  the  construction  of  certain  railroads  in  said  States.         Yol.  11,  p.  15. 

Be  it  enacted,  $c.,  That  there  be  and  is  hereby  granted  to  the  State  of     Grant  of  lands 
Florida,  for  the  purpose  of  aiding  in  the  construction  of  railroads  from  to    Florida    for 
St.  John's  River,  at  Jacksonville,  to   the  waters  of  Escambia  Bay,  railroads, 
at  or  near  Pensacola ;  and  from  Amelia  Island,  on  the  Atlantic,  to  the 
waters  of  Tampa  Bay,  with  a  branch  to  Cedar  Key,  on  the  Gulf  of 
Mexico ;  and  also  a  railroad  from  Pensacola  to  the  State  line  of  Ala- 
bama, in  the  direction  of  Montgomery,  every  alternate  section  of  land 
designated  by  odd  numbers,  for  six  sections*  in  width  on  each   side  of 
each  of  said  roads  and  branch.     But  in  case  it  shall  appear  that  the     Grant  in  lieu 
United  States  have,  when  the  lines  or  routes  of  said  roads  and  branch  of  sold  or  pre- 
are  definitely  fixed,  sold  any  sections,  or  any  parts  thereof,  granted  as  empted  sections, 
aforesaid,  or  that  the  right  of  preemption  has  attached  to  the  same,  then 
it  shall  be  lawful  for  any  agent  or  agents  to  be  appointed  by  the  gover- 
nor of  said  State,  to  select,  subject  to  the  approval  of  the  Secretary  of 
the  Interior,  from  the  lands  of  the  United  States  nearest  to  the  tiers  of 
sections  above  specified,  so  much  laud  in  alternate  sections  or  parts  of 
sections,  as  shall  be  equal  to  such  lands  as  the  United  States  have  sold, 
or  otherwise  appropriated,  or  to  which  the  rights  of  preemption  have 
attached  as  aforesaid  ;  which  lands  (thus  selected  in  lieu  of  those  sold 
and  to  which   preemption  rights  have  attached  as  aforesaid,  together 
with  the  sections  and  parts  of  sections  designated  by  odd  numbers,  as 
aforesaid,  and  appropriated  as  aforesaid,)  shall  be  held  by  the  State  of 


(594  FLORIDA. 

Florida  for  the  use  and  purpose  aforesaid  :  Provided,  That  the  land  to  be 

so  located  shall  in  no  case  be  further  than  fifteen  miles  from  the  Hues  of 

said  roads  and  branch,  and  selected  for  and  on  account  of  each  of  said 

Grant,  how  ap-  roads  and  branch :  Provided  further,  That  the  lands  hereby  granted  for 

plied.  an(j  on  account  of  said  roads  and  branch,  severally,  shall  be  exclusively 

applied  in  the  construction  of  that  road  or  branch  for  and  on  account 
of  which  such  lands  are  hereby  granted,  and  shall  be  disposed  of  only 
as  the  work  progresses,  and  the  same  shall  be  applied  to  no  other  pur- 
Act  not  to  ap-  pose  whatsoever :  And  provldtd  farther,  That  any  and  all  lands  heieto- 

ply  to    reserva-  fore  reserved  to  the  United   States  by  any  act  of  Congress,  or  in  any 

tions  except  as  to  other  manner  by  competent  authority,  for  the  purpose  of  aiding  in  any 
object  of  internal  improvement,  or  for  any  other  purpose  whatsoever, 
be,  and  the  same  are  hereby,  reserved  to  the  United  States  from  the 
operation  of  this  act,  except  so  far  as  it  may  be  found  necessary  to  lo- 
cate the  routes  of  said  railroads  or  branch  through  such  reserved  lands  ; 
in  which  case  the  right  of  way  only  shall  be  granted,  subject  to  the  ap- 
proval of  the  President  of  the  United  States,  (a) 
Price  of  alter-  SEC.  2.  And  be  it  further  enacted,  That  the  sections  and  parts  of  sec- 

nate  sections  to  tions  of  laud  which,  by  suoh  grant,  shall  remain  to  the  United  States 

wfthin  six  miles  on  each  side  of  said  roads  and  branch,  shall  not  be  sold 

for  less  than  double  the  minimum  price  of  the  public  lands  when  sold  ; 

nor  shall  any  of  said  lands  become  subject  to  private  entry  until  the 

same  have  been  first  offered  at  public  sale  at  the  increased  price.  (&) 

Objectof  grant.     SEC.  3.  And  be  it  further  enacted,  That  the  said  lauds  hereby  granted 

Railway  to  be  to  the  said  State  shall  be  subject  to  the  disposal  of  the  legislature  there- 

fOTGovernment!  of  for  the  purposes  aforesaid,  and  no  other  ;  and  the  said  railroads  and 
'  branch  shall  be  and  remain  public  highways  for  the  use  of  the  Govern- 
ment of  the  United  States,  free  from  toll  or  other  charge  upon  the  trans- 
portation of  any  property  or  troops  of  the  United  States. 
Lauds,  how     SEC.  4.  Andbe  it  further  enacted,  Thatthe  lands  hereby  granted  to  said 

disposed  of.  State  shall  be  disposed  of  by  said  State  only  in  manner  following,  that 
is  to  say  :  that  a  quantity  of  land,  not  exceeding  one  hundred  and 
twenty  sections  for  each  of  said  roads  and  branch,  and  included  within 
a  continuous  length  of  twenty  miles  of  each  of  said  roads  and  branch, 
may  be  sold  ;  and  when  the  governor  of  said  State  shall  certify  to  the 
Secretary  of  the  Interior  that  any  twenty  continuous  miles  of  any  or 
either  of  said  roads  or  branch,  is  completed,  then  another  quantity  of 
land  hereby  granted,  not  to  exceed  one  hundred  and  twenty  sections 
for  each  of  said  roads  or  branch  having  twenty  continuous  miles  com- 
pleted as  aforesaid,  and  included  within  a  continuous  length  of  twenty 
miles  of  each  of  such  roads  or  branch,  may  be  sold  ;  and  so,  from  time 
to  time,  until  said  roads  and  branch  are  completed ;  and  if  any  or  either 
of  said  roads  or  branch  is  not  completed  within  ten  years,  no  further 
sales  shall  be  made,  and  the  lands  unsold  shall  revert  to  the  United 
States. 

Transportation  SEC.  5.  And  be  it  further  enacted,  That  the  United  States  mail  shall  be 
transported  over  said  roads  and  branch,  under  the  direction  of  the  Post- 
Office  Department,  at  such  price  as  Congress  may,  by  law,  direct :  Pro- 
vided, Thatuntil  such  price  is  fixed  by  law,  the  Post  master -General  shall 
have  the  power  to  determine  the  same. 
Similar  grant  SEC.  6.  And  be  it  further  enacted,  That  a  similar  grant  of  alternate 

to  Alabama.  sections  of  public  land  is  hereby  made  to  the  State  of  Alabama,  to  aid 
in  the  construction  of  a  railroad  from  Montgomery,  in  said  State,  to  the 
boundary  line  between  Florida  and  Alabama,  in  the  direction  of  Pensa- 
cola,  and  to  connect  with  the  road  from  Pensacola  to  said  line, upon  the 
same  terms  and  conditions  in  all  respects  as  are  hereinbefore  prescribed 
for  the  grant  to  Florida,  (a) 

(a)  See  Nos.  1621, 1654, 1658, 1659, 16-2, 1690, 1703, 1706  1707  1709  1712. 

(b)  See  Kos.  1630,  1635, 1651, 1652,  1667, 1670, 1672, 1684,  1692, 1695, 1713, 1714. 


Aug.  18. 1856.      No.  1692.— AN  ACT  making  appropriations  for  certain  civil  expenses  of  the  Gov- 
VoLll,p.87.          ernment  for  the  year  ending  the  thirtieth  of  June,  eighteen  hundred  and  fifty- 
seven. 

Certain   reser-      Be  it  enacted,  #c.,      *  *  *  *  *  *  * 

dTmay  be*  sold""  That  ^  Pl}blic  land8  heretofore  reserved  for  military  purposes  in  the 
State  of  Florida,  which  said  lands,  in  the  opinion  of  the  Secretary  of  War, 
are  no  longer  useful  or  desired  for  such  purposes,  or  so  much  thereof  as 
said  Secretary  may  designate,  shall  be  aud  are  hereby  placed  under  the 
control  of  the  General  Laud  Office,  to  be  disposed  of  aud  sold  in  the 


FLORIDA.  695 

same  manner  and  under  the  same  regulations  as  other  public  lands  of 
the  United  States :  Provided,  That  said  lands  shall  not  be  so  placed  un- 
der the  control  of  said  General  Land  Office  until  said  opinion  of  the 
Secretary  of  War,  giving  his  consent,  communicated  to  the  Secretary 
of  Interior  in  writing,  shall  be  filed  and  recorded,  (a) 

*##***•* 
(a)  SeeNos.  1630, 1635, 1651, 1652, 1667,  1670, 1672, 1684, 1691, 1695, 1713, 1714. 


No.  3693.— AN  ACT  for  the  relief  cf  George  F.  Baltzell,  assignee  of  James  P.     March  2, 1857. 

Roan.  Vol.  11,  p.  505. 


Be  it  enacted,  #c..  That  George  F.  Baltzell,  of  the  State  of  Florida,  George  F. 
assignee  of  James  P.  Roan,  be  permitted  to  enter  at  any  land  office  in  Baltzell  permit- 
the  State  of  Florida,  a  full  section  of  land,  or  less  quantity  in  lieu  j^to^£La8^T 
thereof,  by  divisional  lines,  without  making  payment  therefor:  -Pro- Florida. 
mded,  That  the  same  shall  be  deemed  and  taken  as  a  full  satisfaction  of  The  same  to  be 
any  and  all  claims  of  the  said  James  P.  Roan,  and  the  said  George  F.  in  satisfaction  of 
Baltzell,  his  assignee,  under  an  act  of  Congress  entitled  "An  act  grant-  ^^f^  jjj* 
ing  donations  of  laud  to  certain  actual  settlers  in  the  Territory  of  p  R0an  under 
Florida,"  approved  May  twenty-sixth,  eighteen  hundred  and  twenty-  act  of  1824. 
four:  And  provided  further,  That  in  his  location  as  aforesaid,  the  said  No  tract  lesa 
George  F.  Baltzell  shall  in  no  case  select  any  tract  of  land  containing 
a  less  number  than  one  hundred  and  sixty  acres. 


No.  1694.— AN  ACT  for  the  relief  of  John  Dick,  of  Florida.  June  1, 1858. 

Be  it  enacted,  #c.,  That  the  Commissioner  of  the  General  Land  Offir.ft     Vol.  11,  p.  538. 
shall  cause  a  patent  to  be  issued  to  John  Dick,  for  lots  numbered  ten,     Patent  of  lands 
of  section  twenty-nine,  and  one  of  section  thirty-one,  fractional  section in  Florida  to  is- 
of  thirty,  and  the  northwest  quarter  of  the  northwest  quarter  of  sec- 8U 
tion  thirty-two,  all  lying  in  township  ten  south,  of  range  twenty-seven 
east,  containing  one  hundred  and  fifty -three  acres,  situate  in  East  Florida, 
and  of  the  lands  subject  to  sale  at  St.  Augustine,  Florida:  Provided, 
That  such  patent  shall  only  operate  as  a  relinquishment  of  title  on  the     Prov180- 
part  of  the  United  States,  and  shall  not  affect  the  rights  of  any  third 
person. 

No.  1695.— AN  ACT  making  appropriations  for  the  support  of  the  Army  for  the     June  12,  1858. 
year  ending  the  thirtieth  June,  eighteen  hundred  and  fifty-nine.  Vol.  11,  p.  332. 


SEC.  6.  And  be  it  further  enacted,  That  all  the  existing  laws,  or  parts  of  All  laws  au- 
laws  which  authorize  the  sale  of  military  sites  which  are  or  may  become  thorizing  the  sale 
useless  for  military  purposes  be,  and  the  same  are  hereby,  repealed,  and  of 


said  lands  shall  not  be  subject  to  sale  or  preemption  under  any  of  the  t  a  ry   purposes" 
laws  of  the  United  States  :  Provided,  further,  That  the  provisions  of  the  repealed. 
act  of  August  eighteenth,  eighteen  hundred  and  fifty-six,  relative  to    Proviso. 
certain  reservations  in  the  State  of  Florida,  shall  continue  in  force,  (a) 

(a)  See  Nos.  1630,  1635,  1651,  1652,  1667,  1670,  1672,  1684,  1691,  1692,  1713,  1714. 


No.  1696.— AN  ACT  to  confirm  to  the  heirs  or  assigns  of  Bernardo  Sequi,  title  to     Feb.  23, 1859. 
lands  in  East  Florida.  Vol.  11,  p.  562. 

Beit  enacted,  <$-c.,  That  the  grant  to  Bernardo  Sequi,  of  seven  thou-    Land  grant  to 
and  acres  of  land  lying  on  the  east  side  of  the  St.  John's  River,  in  East  Bernardo  Sequi, 
Florida,  between  the  place  called  Dunn's  Lake  and  that  known  as  &c-'  confirmed. 
Horse  Landing,  including  the  place  called  "  Buffalo  Bluff,"  made  by 
"  Estrada,"  the  then  governor  of  the  province  of  East  Florida,  on  the 
twentieth  day  of  December,  eighteen  hundred  and  fifteen,  be  confirmed 
to  the  said  grantee  and  those  claiming  under  him,  and  that  the  Com- 
missioner of  the  General  Land  Office  be  directed  to  cause  the  lands  de- 
scribed in  said  grant  to  be  surveyed  to  the  claimant,  without  prejudice 
to  any  third  person. 


696  FLORIDA. 

Feb  23  1859      No.  1697.— AX  ACT  to  authorize  the  claimants  in  right  of  John  Huertas  to  enter 
Yol '  ll'  p.  564.  certain  lands  in  Florida. 

Claimants  un-     Be  it  enacted,  <fc.,  That  the  claimants  in  right  of  John  Huertas  to  a 
der  JohnHuertas  tract  of  six  thousand  acres  in  Florida,  confirmed  by  the  Supreme  Court 
may    enter  cer-  Qf  ^e  United  States  at  the  January  term  in  eighteen  hundred  and 
tain  lauds  in  Flor-tliirt.foiir^  ^  and  ^y  are  hereby,  authorized  to  enter,  at  any  land 
office  in  the  State  of  Florida,  the  quantity  of  three  thousand  three 
hundred  and  thirty-two  acres  and  thirty-hundredths  of  an  acre  of  any 
of  the  public  lands  in  that  State  subject  to  private  entry,  the  same  be- 
ing in  addition  to  the  area  of  two  thousand  six  hundred  and  sixty-seven 
acres  and  seventy-hundred ths  of  an  acre  surveyed  for  said  claim,  and 
designated  as  section  forty-eight,  in  township  nine  south,  of  range 
twenty-seven  east,  in  the  St.  Augustine  land  district,  Florida,  and  being 
the  difference  between  the  quantity  embraced  by  said  survey  and  the 
six  thousand  acres  confirmed  for  said  claim  as  aforesaid ;  and  the  regis- 
ter and  receiver  of  any  of  the  aforesaid  land  offices  shall  receive  the 
proper  applications  and  proofs,  and  shall  issue  the  necessary  certificate ; 
upon  the  return  of  which  to  the  General  Land  Office,  with  satisfactory 
proof  of  the  rights  of  the  claimants,  a  patent  shall  issue  for  the  lands 
Proviso.  so  located :  Provided,  Said  land  shall  not  be  located  upon  any  land 

within  six  miles  of  any  railroad. 


March  3, 1859.  No.  1698.— AX  ACT  to  provide  for  the  final  settlement  of  the  land  claim  of  the 
Vol.  11,  p.  568.  persons  claiming  as  heirs  of,  or  under  Jehn  Underwood,  as  purchasers  or  otherwise 
to  certain  land  in  Florida,  and  to  confirm  the  title  to  the  proper  owner  or  owners. 


Land  claim  of  Be  it  enacted,  tyc.,  That  the  claim  and  title,  derived  from  the  Spanish 
heirs  of  Jehu  Un-  Government,  by  John  or  Jehu  Underwood  to  land  in  the  State  of  Flor- 
9ettTed°&™  ida>  80  far  a*  t]?e  8ame  remaiD8  unsettled,  shall  be  received  and  adjudi- 
cated by  the  judge  of  the  district  court  of  the  northern  district  of 
Florida,  upon  the  petition  of  the  heirs  of  said  Underwood,  or  of  any 
other  person  or  persons  claiming  under  him  as  purchasers  or  otherwise, 
according  to  the  forms,  rules,  and  regulations  prescribed  by  Congress 
in  similar  cases,  and  in  the  same  manner,  in  all  respects,  as  such  claim 
would  have  been  received  and  adjudicated  if  said  claim  had  been  pre- 
sented within  the  time  prescribed  by  the  several  acts  of  Congress  for  pre- 
senting the  same  for  confirmation.  And  so  far  as  said  claim  is  unsettled 
and  is  found  to  be  valid,  the  said  district  court  shall,  and  is  hereby, 
authorized  and  required  to  enforce  the  location  thereof  to  the  person  or 
persons  entitled  thereto,  as  heirs,  purchasers,  or  otherwise,  under  the 
same  rules  and  regulations  as  have  been  exercised  in  regard  to  other 
mill  grants  in  Florida. 


April  13,  I860.   No.  1699.— AN  ACT  to  settle  the  titles  to  lands  along  the  boundary  line  between  the 
VoL  12,  p.  11.  States  of  Georgia  and  Florida, 


Claims  to  cer-  Beit  enacted,  $c.,  That  whenever  the  dividing  line  between  the  States 
tain  lands,  grant- of  Georgia  and  Florida  shall  have  been  finally  surveyed,  approved, 
whirV  iS^flli  ratined»  aml  confirmed,  as  the  boundary  between  those  States,  the  See- 
in  Florida,  to  be  retai7  of  the  Interior  shall  be  and  is  hereby,  authorized  to  adjudicate 
confirmed  'when,  upon  principles  of  equity  and  justice,  all  claims,  under  sales  or  grants 
&c.  by  the  State  of  Georgia,  to  lands  which  may  fall  within  the  State  of 

Florida,  and  all  of  said  claims  which  may  be  approved  by  him  shall  be 

If  Georgia  first  and  are  hereby  ratified  and  confirmed /Provided,  however,  that  the 
g™  nTI  bvrtth?  State  of  GeorSia  8ba11  first  ratify  and  confirm  all  sales  and  grants  made 
United  States  of  b7  the  United  States  of  lands  in  Florida  which  may  fall  within  the 
lands  in  Florida,  limits  of  the  State  of  Georgia  under  the  final  adjustment  of  the  bound- 
ary line  aforesaid,  (a) 

(a)  SeeXos.  957.  961, 967, 1268, 1624, 1629, 1630, 1631, 1633, 1634, 1636, 1640, 1641, 1643, 1647. 
1677, 1700, 1701, 1704, 1710. 


Wo'  1700'—  AN  ACT  for  the  final  adjustment  of  private  land  claims  in  the  States 
p.  85.  of  Florida,  Louisiana,  and  Missouri,  and  for  other  purposes. 


[See  LOUISIANA,  No.  957.] 


FLORIDA.  697 

No.  1701.— AN  ACT  to  extend  the  provisions  of  an  act  entitled  "An  act  for  the  final     March  2,  1867. 
adjustment  of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and  Missouri,      vol.  14,  p.  544. 
and  for  other  purposes." 

[See  LOUISIANA,  No.  961.] 


Hio.  1702.— AN  ACT  to  confirm  the  title  of  Ethan  Kay  Clarke  and  Samuel  Ward     July  4, 1868. 
Clarke  to  certain  lands  in  the  State  of  I  lorida,  claimed  under  a  grant  from  the  Span-     Vol,  15,  p.  377. 
ish  Government. 


Be  it  enacted,  #c.,  That  the  title  of  Ethan  Ray  Clarke  and  Samuel     Title  of  Ethan 
Ward  Clarke  to  a  tract  of  land  five  miles  square  on  Black  Creek,  south  §7^1   ^  a?d 
of  Saint  Mary's  River,  in  the  State  of  Florida,  and  bounded  as  follows :  Clarke  to  certain 
upon  one  side  by  the  Saint  Mary's  River,  and  upon  the  other  side  by  land  i  n  Florida 
vacant  lands,  being  the  same  lands  to  which  an  exclusive  right  to  take  confirmed, 
the  timber  was  granted  by  the  Spanish  Government  to  John  Under- 
wood, and  upon  which  he  erected  a  saw-mill  in  eighteen  hundred  and 
five,  and  which  was  kept  up  and  continued  for  many  years,  be,  and  the 
same  is  hereby,  confirmed :  Provided,  hoivever.  That  nothing  herein  con- 
tained shall  operate  to  the  prejudice  of  any  claim  which  may  be  set  up 
to  said  land  by  reason  of  any  previous  sale  thereof ;  nor  shall  this  act 
in  any  way  prejudice  any  claimant  under  the  said  John  Underwood,  or 
any  person  deriving  title  or  claim  thereto  under  said  Underwood,  his    Adverse  rights 
heirs  or  assigns,  or  of  any  person  or  persons  who  may  be  entitled  to  pre- not  affected, 
emption  rights  under  any  existing  laws  of  the  United  States. 

No.  1 703.— A  RESOLUTION  granting  the  right  of  way  to  the  Pensacola  and  Bar-     Jan.  30, 1871. 
rancas  Railroad  Company  through  the  naval  and  military  reservations  near  Pensa-     Vol.  16,  p.  593. 
cola,  Florida. 


Resolved,  #c.,  That  the  right  of  way  is  hereby  granted  to  the  Pensa-     Right  of  way 
cola  and  Barrancas  Railroad  Company  to  construct  their  road  upon  and  a°J f  Barrage  as 
through  the  naval  and  military  reservations  near  Pensacola,  Florida,  Raiiroa(i  Co 
under  such  regulations,  restrictions,  and  conditions  as  the  Secretary  of 
the  Navy  and  the  Secretary  of  War  may  prescribe,  (a) 

(a)  See  Nos.  1621,  1654,  1658, 1659,  1682,  1690,  1691,  1706,  1707,  1709,  1712. 

No.  1704.— AN  ACT  to  settle  and  quiet  the  titles  to  lands  along  the  boundary  line     April  9,  1872. 
between  the  States  of  Georgia  and  Florida.  Vol.  17,  p.  52. 


Be  it  enacted,  $*c.,  That  the  titles  to  all  lands  lying  south  of  the  line  Titles  to  cer- 
dividing  the  States  of  Georgia  and  Florida,  known  as  the  Orr  and  Whit-  tain  lands  in 
ner  line,  lately  established  as  the  true  boundary  between  said  States,  Georgia  and 
and  north  of  the  line  run  by  Georgia,  known  as  the  Watson  line,  being  Derived  from  the 
all  the  lands  lying  between  said  lines,  be,  and  the  same  are  hereby,  united  States, 
confirmed,  so  far  as  the  United  States  has  title  thereto,  in  the  present  confirmed, 
owners  deriving  titles  from  the  State  of  Georgia,  (a) 

(a)  See  Nos.  957,  961.  967,  1268,  1624,  1629,  1630,  1631,  1633,  1634,  1636,  1640,  1641,  1643, 
1647,  1677,  1699/1700,  1701,  1710. 


No.  1705.— AN  ACT  supplementary  to  an  act  entitled  "An  act  to  aid  in  the  con-     June  4, 1872. 
strnction  of  telegraph  lines,  and  to  secure  to  the  Government  the  use  of  the  same  for     Vol.  17,  p.  219. 

postal,  military,  and  other  purposes,"  approved  July  twenty-fourth,  eighteen  hun- 

dred  and  sixty-six. 

Be  it  enacted,  <$-c.,  That  the  International  Ocean  Telegraph  Company  ^  Internati  o n  aj 
shall  have 
stations 
Company, 

station  at  Punta  Rasa,  near  the  mouth  of  the  Caloosahatchie  River,  the  lands  in  Florida, 
station  at  Fort  Myers,  the  points  where  the  line  of  telegraph  crosses  the  Only  the  small- 
Caloosahatchie  River,  the  station  at  Pine  Island,  and  the  stations  »*  0 " 

Branch  River,  Bartow,  and  Tuckertown,  each  forty  acres;  such  lands 
being  public  lands,  and  now  actually  used  by  the  International  Ocean 
Telegraph  Company  of  the  State  of  New  York :  Provided,  That  whenever 
any  one  of  the  smallest  legal  subdivisions  at  any  one  of  the  stations  des- 
ignated is  less  than  forty  acres,  by  reason  of  the  land  lying  adjacent  to 
the  Gulf  of  Mexico,  or  any  bay  or  river,  the  said  company  shall  pre-empt 
only  such  smallest  fractional  subdivision  upon  which  the  buildings  and 
offices  of  the  company  are  located. 


(398  FLORIDA. 


nTi  ?o       TVo    ir06.—  AX  ACT  granting  the  right  of  way  through  the  piiblic  lands  for  the 

VoL  17,  p  2-24.  construction  ot  a  railroad  an  d  telegraph  in  Florida. 

t~olT^     Be  it  enacted,  j-c.,  That  the  right  of  way  through  the  public  lands  be, 

through     public  and  the  same  is  hereby,  granted  to  the  Great  Southern  Railway  Coni- 

lands  in  Florida,  pany,  a  corporation  created  under  the  laws  of  the  State  of  Florida,  its 

granted    to   the  succe'ssors  and  assigns,  for  the  construction  of  a  railroad  and  telegraph 

Eaifway  Con^from  the  Saint  Mary's  River,  in  the  State  of  Florida,  to  Key  West,  in 

pany  for  railroad  said  State,  together  with  a  branch  road  from  the  most  eligible  point  on 

and  telegraph,      g^j  roa(j  to  Tampa  Bay  and  Caloosa  Entrance,  in  said  State;  and  the 

right,  power,  and  authority  are  hereby  given  to  said  corporation  to  take, 

from  the  public  lands  adjacent  to  the  line  of  said  road,  materials  for  the 

Extent   of  construction  thereof.    Said  way  is  granted  to  said  railroad  to  the  extent 

grant.  of  one  hundred  feet  in  width  on  each  side  of  the  central  line  of  said 

road  where  it  may  pass  through  the  public  domain,  including  grounds 

for  station-buildings,  workshops,  depots,  machine-shops,  switches,  side- 

tracks, turn-tables,  and  water-stations,  to  an  amount  not  exceeding 

twenty  acres,  for  each  ten  miles  in  length  of  the  main  line  of  said  rail- 

Acceptance  of  road  :  Provided,  That  within  one  year  from  the  passage  of  this  act  the 

this  act,  and  map  Said  company  shall    file  with  the  Secretary  of  the  Interior  its  accept- 

of   route  to   be  ance  ot«  tne  terms  of  this  act,  and  a  map  of  the  route,  exhibiting  the  line 

Roadto  becon>  of  the  road  and  its  branch,  as  the  same  has  been  located,  and  shall  com- 

pleted   in    tenplete  said  road  within  ten  years  of  the  passage  of  this  act.     It  shall 

years.  be  the  duty  of  the  said  company  to  permit  any  other  railroad  which  has 

Other  r  o  a  d  s  been  or  shall  be  authorized  by  the  United  States,  or  by  the  State  of 

may    form  run-  Florida,  to  form  running  connections  with  its  road  on  fair  and  equitable 

ning    c  o  nn  ec  -  terms     jn  case  of  disagreement,  such  terms  shall  be  fixed  by  the  Secre- 

tary of  the  Interior. 

Road  to  be  a     SEC.  2.  That  said  road  shall  be  a  post-route  and  a  military  road  ;  and 

post-route   and  Congress  at  any  time,  having  due  regard  for  the  rights  of  said  company, 

EaS  ^  mav  fiy  rates  of  tariff  for  transportation  of  troops,  materials  of  war,  and 

mails,  and  may  add  to,  alter,  or  amend  this  act. 

Act  may  be  al-     SEC.  3.  That  Congress  reserves  it  to  itself  the  right  to  alter,  amend,  or 
terea-  repeal  this  act  whenever  in  its  judgment  the  interests  of  the  people  may 

require  it.  (a) 

(o)  See  Xos.  1621,  1654,  1658,  1659,  1682,  1690,  1691,  1703,  1707,  1709,  1712. 


June  7  1872.      IV  !>.  1 707.    A.N  ACT  granting  the  right  of  way  through  the  public  lands  to  the  Jack- 
YoL  17,  p.  280.  sonville  and  Saint  Augustine  Railroad  Company. 


Right  of  way  Be  it  enacted,  <fc.,  That  there  is  hereby  granted  to  the  Jacksonville 
through  public  and  Saint  Augustine  Railroad  Company,  the  same  being  a  corporation 
lands  granted  to  existing  under  the  laws  of  the  State  of  Florida,  the  right  of  way  through 
SafntAutusUne the  Pub.lic  lands  of  the  United  States  between  Jacksonville  and  Saint 
Railroad  Com-  Augustine,  for  one  hundred  feet  in  width  on  each  side  of  the  track  of 
pany.  said  railroad  and  of  any  of  its  branches,  with  the  right  to  take  from  said 

Extent  of  iands,  or  from  any  of  the  public  lauds  adjacent  thereto,  stone,  timber, 
earth,  or  other  material,  to  be  used  in  the  construction  and  repair  of  said 

Land  for  de-  railroad ;  and  said  company  shall  also  have  the  right  to  enter  upon  any 
pots,  side-tracks,  of  tne  public  lauds  or  lots  of  land,  the  property  of  the  United  States, 

Limit,  an(i  *a^e  the  same  for  depots,  shops,  side-tracks,  or  other  necessary  uses 

No  military  res- of  said  railroad:  Provided,  That  no  lot  or  tract  of  land  so  taken  shall 
ervation  to  be  exceed  forty  acres  in  any  one  place.  No  military  reservation  shall  be 
crossed,  unless,  crossed  or  appropriated  unless  the  consent  of  the  Secretary  of  War  be 

Road  to  be  pos-  ^r^  obtained,  and  then  only  under  such  restrictions  as  he  shall  establish, 
tal  and  military  Said  road  shall  be  a  postal  and  military  road,  and  Congress  shall  have 
the  right  to  alter,  amend,  or  repeal  this  act  as  shall  in  its  discretion  be 
deemed  best,  (a) 

(a)  Se«  Xos.  1621, 1654, 1658, 1659, 1682. 1690, 1691, 1703, 1706, 1709, 1712. 


June  8,  1872._  No.  170S.-AN  ACT  to  create  an  additional  land  district  in  Florida. 

. — -  — — Be  it  enacted,  £c.,  That  that  portion  of  Florida  lying  east  of  the  line 

East  Florida  between  ranges  fourteen  and  fifteen  east  shall  constitute  an  additional 
iistnct  es-  ]an(1  district,  and  shall  be  known  as  the  East  Florida  district,  the  office 
for  which  shall  be  located  at  Jaynesville. 


FLORIDA. 


699 


SEC.  2.  That  there  shall  be  appointed  a  register  and  a  receiver  for 
said  land  district,  and  who  shall  be  entitled  to  the  same  compensation 
as  is,  or  may  hereafter  be,  prescribed  by  law  for  like  officers  of  the 
other  district  in  said  State,  (a) 

(a)  See  Nos.  1630,  1632,  1667,  1688,  1689. 


Register  and 
and 


No.  1709 


,_AN  ACT  granting  the  right  of  way  through  the  public  lands  to  the     June  8,  1872. 
Pensacola  and  Louisville  Railroad  Company  of  Alabama.  Vol.  17,  p.  340. 


[See  ALABAMA,  No.  1621.] 


No.  1 710.— AN  ACT  to  extend  the  provisions  of  an  act  entitled  "An  act  for  the 

final  adjustment  of  private  land  claims  in  the  States  of  Florida,  Louisiana  and  Mis- 
souri, and  for  other  purposes." 

[See  LOUISIANA,  No.  967.] 


No.  1711, 


-AN  ACT  to  confirm  to  William  Marvin  the  title  to  seven  thousand 
acres  of  land  in  the  State  of  Florida. 


June  10, 1872. 
Vol.  17,  p.  378 


March  3, 1873. 
Vol.  17,  p.  771. 


Whereas,  under  the  act  of  Congress,  approved  June  twenty-second,  Preamble, 
eighteen  hundred  and  sixty,  entitled  "An  act  for  the  final  adjustment 
of  private  land  claims,  in  the  States  of  Florida,  Louisiana,  and  Missouri, 
and  for  other  purposes,"  and  extended  by  an  act  of  Congress,  approved 
March  second,  eighteen  hundred  and  sixty-seven  entitled  "An  act  to 
extend  the  provisions  of  an  act  entitled  'An  act  for  the  final  adjustment 
of  private  land  claims  in  the  States  of  Florida,  Louisiana,  and  Mis- 
souri, and  for  other  purposes,'"  the  register  and  the  receiver  at  the  land 
office  at  Tallahassee,  Florida,  acting  as  commissioners  under  the  acts 
aforesaid  have  reported  to  the  Commissioner  of  the  General  Land  Office 
that  there  ought  to  be  confirmed  to  William  Marvin,  who  holds  under 
Bernardo  Segui,  under  class  two,  under  the  third  section  of  the  act  first 
aforesaid,  a  tract  of  land  containing  seven  thousand  acres,  in  the  State 
of  Florida,  on  the  east  side  of  the  Saint  John's  River,  between  the  place  Description, 
called  Dunn's  Lake  and  that  known  as  Horse  Landing,  including  in 
said  tract  of  land  the  place  called  Buffaloe  Bluff,  and  includes  parts  of 
sections  twenty-eight,  thirty-three,  thirty-four,  thirty-five,  thirty-six, 
and  thirty-nine,  in  township  ten  south,  of  range  twenty-six  east ;  and 
sections  and  parts  of  sections  one,  two,  three,  eleven,  twelve,  and  thirty- 
nine,  in  township  eleven  south,  of  range  twenty-six  east;  and  parts  of 
sections  five,  six,  seven,  eight,  and  forty,  in  towship  eleven  south,  of 
range  twenty-seven  east ;  which  claim  is  based  upon  a  grant  or  conces- 
sion by  the  Spanish  Government  to  Bernardo  Segui,  before  the  twenty- 
fourth  of  January,  eighteen  hundred  and  eighteen;  and  whereas  the 
Commissioner  of  the  General  Land  Office  has  approved  the  report  of 
the  said  commissioners,  and  has  reported  the  same  to  Congress  for  its 
action,  and  recommended  the  confirmation  of  the  title  to  the  said  seven 
thousand  acres  of  land  to  the  said  William  Marvin,  as  the  legal  repre- 
sentative of  Bernardo  Segui :  Therefore, 

Be  it  enacted,  #c.,  That  the  said  seven  thousand  acres  of  land  in  the    Seventhousand 
State  of  Florida,  on  the  Saint  John's  River,  and  as  further  described  acres  of  land  in 
above,  be,  and  the  same  are  hereby,  confirmed  to  the  said  William  Mar- ]f  *  °  ll  \xriv  on" 
viu  ;  and  that  all  the  right,  title,  and  interest  of  the  United  States  in^rvin 
and  to  the  same  be,  and  the  same  are  hereby,  granted  and  confirmed 
unto  the  said  William  Marvin :  Provided,  however,  That  this  act  shall    Proviso, 
not  affect  any  adverse  right  or  title  to  the  said  lands  or  any  part  thereof, 
and  shall  not  create  any  liability  on  the  part  of  the  United  States. 


No.  1712.—  AN  ACT  granting  the  right  of  way  through  the  public  lands  to  con-     March  3,  1875. 
struct  and  maintain  a  railroad.  Vol.  18,  p.  509. 

Beit  enacted,  #c..  That  the  right  of  way  through  the  public  lands  is     Right  of  way 
hereby  granted  to  Daniel  P.  Holland,  the  proprietor  of  the  Jacksonville,  granted  to  Daniel 
Pensacola  and  Mobile  Railroad,  his  associates,  successors  and  assigns,  jact°SOn  ville1" 
for  the  construction  of  a  railroad  in  the  States  of  Florida  and  Alabama  Pensacola  and 
from  the  present  terminus  of  said  railroad  on  the  Apalachicola  River,  Mobile  Railroad, 
in  the  State  of  Florida,  through  the  States  of  Florida  and  Alabama,  to 
the  city  of  Mobile,  Alabama ;  and  from  a  point  on  the  line  of  said  rail- 
road to  the  city  of  Pensacola ;  and  from  a  point  opposite  the  corporate 


700  FLORIDA. 

limits  of  the  city  of  Jacksonville,  on  the  Saint  John's  River,  to  the  city 
of  Saint  Augustine,  Florida ;  and  the  right,  power,  and  authority  are 
hereby  granted  to  said  Daniel  P.  Holland,  his  successors,  assigns,  or  as- 
sociates to  take  from  the  public  lands  adjacent  to  the  line  of  said  rail- 
way, to  the  extent  of  one  hundred  feet  in  width  on  each  side  of  the 
central  line  of  said  road  where  it  may  pass  through  the  public  lands, 
Eight  to  mate- material  for  the  construction  and  maintenance  thereof  ;  and  the  neces- 
rials.  8ary  grounds  for  stations  and  depots,  or  other  necessary  places,  such  as 

8tS>nsD&c  for  turn-outs  and  water- stations,  are  hereby  granted  to  said  Daniel  P.  Hol- 
land, his  successors  or  assigns,  to  an  amount  not  exceeding  twenty  acres 
for  each  ten  miles  in  length  of  main  line  of  railroad  where  it  may  pass 
through  the  public  lands:  Provided,  That  within  one  year  from  the 
passage  of  this  act  the  said  Daniel  P.  Holland,  proprietor  of  the  Jack- 
Acceptancesonville,  Pensacola  and  Mobile  Railroad,  his  successors,   assigns,  or 
and  map  of  route;  associates  shall  file  with  the  Secretary  of  the  Interior  his  acceptance  of 
WRteht  Ornate  tnis  act  and  tne  map  of  tlie  routes  exhibiting  the  line  of  the  road  and 
rials?  when  to tne  right  to  take  material  shall  cease  upon  the  completion  of  the  said 
cease.  road. 

Said  road  to  be     gEC.  2.  That  said  railroad  shall  be  a  post-route  and  a  military  road, 
min°tarv  road-  and  Congress  at  any  time  may  fix  rates  of  tariff  for  troops,  materials  of 
tariff  of  rates.    '  war,  and  mails,  and  may  add  to,  alter,  or  amend  this  act. 
Repeals.  SEC.  3.  That  all  acts  and  parts  of  acts  conflicting  with  this  act  be, 

and  they  are  hereby,  repealed. 

Time  allowed     ^ECt  4'  TIiat  if  tlie  said  road  shall  not  be  completed  and  put  in  opera- 
for  completion,    tion  within  five  years  after  the  passage  of  this  act  all  rights  herein 
granted  shall  cease  and  determine,  (a) 

(a)  See  Nos.  1621,  1654,  1658,  1659,  1682,  1690,  1691,  1703,  1706, 1707,  1709. 


March  3, 1879.    No.  1713.— AN  ACT  to  authorize  the  Secretary  of  the  Navy  to  transfer  to  the 
Vol.  20,  p.  470.         Secretary  of  the  Interior,  for  entry  and  sale,  all  lands  in  the  'State  of  Florida  not 
needed  for  naval  purposes. 

in^oeTdland8  Be  lt  macte^  $c->  That  the  Secretary  of  the  Navy  be,  and  he  is  hereby, 
authorized  to  cause  an  examination  to  be  made  of  the  condition  of  all 
lands  in  the  State  of  Florida  which  have  been  set  apart  or  reserved  for 
naval  purposes,  excepting  the  reservation  upon  which  the  navy-yard 
at  Pensacola  is  located,  and  to  ascertain  whether  or  not  such  reserved 
lands  are  or  will  be  of  any  value  to  the  Government  of  the  United 
States  for  naval  purposes. 

Restored  to  en-     SEC.  2.  That  all  of  said  lands  which,  in  the  judgment  of  the  Secretary 
try  and  sale.        of  the  Navy,  are  no  longer  required  for  naval  purposes  shall,  as  soon  as 
practicable,  be  certified  by  him  to  the  Secretary  of  the  Interior,  and  be 
subject  to  entry  and  sale  in  the  same  manner  and  under  the  same  con- 
Proviso,  ditions  as  other  public  lands  of  the  United  States :  Provided,  That  all 
persons  who  have,  in  good  faith,  made  improvements  on  said  reserved 
lands  so  certified  at  the  time  of  the  passage  of  this  act,  and  who  occupy 
the  same,  shall  be  entitled  to  purchase  the  part  or  parts  so  occupied 
and  improved  by  them,  not  to  exceed  one  hundred  and  sixty  acres  to 
any  one  person  at  one  dollar  and  twenty-five  cents  per  acre  within  such 
reasonable  time  as  may  be  fixed  by  the  Secretary  of  the  Interior. 
Appropriation.     SEC.  3.  That  the  sum  of  three  thousand  dollars,  or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  otherwise  appropriated,  to  enable  the  Secretary  of  the 
Navy  to  carry  out  the  provisions  of  this  act.  (a) 

(a)  See  Nos.  1630, 1635, 1651,1652, 1667, 1670, 1672, 1634, 1691, 1692, 1695, 1714. 


June  9, 1880.      No.  1714.— AN  ACT  to  confirm  certain  entries  and  warrant  locations  in  the  former 
V oL  21,  p.  171.  Palatka  military  reservation  in  Florida. 

Homestead  en-     Be  it  enacted,  <$-c.,  That  in  all  cases  in  which  lands  lying  within  the 

i2ieati«  l^rf  °f    mits  of  the  lormer  Palatka  military  reservation  in  Florida  have  been 

reservation T  anX  f ntered  bF  settlers  under  the  homestead  laws,  and  their  entries  are 

in  conflict  with  foun<i  to  conflict  with  selections  by  the  State  of  Florida  under  the  grant 

swamp  land   se-  of  swamp  lands  by  act  of  Congress  of  September  twenty-eighth,  eighteen 

n?med°  D  8  c  °  n '  hundl>ed  and  fifty,  which  are  confirmed  by  the  act  of  March  third,  eighteen 

hundred  and  fifty-seven,  and  in  which  said  settlers  have  in  good  faith 

complied  with  the  requirements  of  the  homestead  laws,  their  entries 

be,  acd  the  same  are  hereby,  confirmed,  on  the  State  filing  with  the 


FLORIDA.  701 

Commissioner  of  the  General  Land  Office  its  relinquishment  of  all  claim  .  State  to  select 
thereto;  and  the  State  shall  thereupon  be  entitled  to  select  in  lieu  indemnity, 
thereof  an  equal  quantity  of  land  from  any  of  the  vacant  and  unappro- 
priated public  lands  of  the  United  States  in  Florida,  and  patents  shall 
be  issued  to  the  State  for  the  lands  so  selected  in  lieu  of  the  tracts 
taken  by  the  settlers. 

SEC.  2.  That  in  all  cases  in  which  lands  lying  within  said  reserva-  Private  entries 
tion  have  been  entered  at  private  entry  or  located  by  military  land-  confirmed,  and 
warrants,  and  which  conflict  with  said  selections,  the  same  are  also  SSS L8elect **" 
hereby  confirmed  on  the  State  relinquishing  all  claim  thereto,  and  the 
State  shall  thereupon  be  entitled  to  indemnity  in  the  same  manner  as 
indicated  in  the  first  section  of  this  act.  (a) 

(a)  See  Nos.  1630, 1635, 1651, 1652, 1667, 1670, 1672, 1684, 1691, 1692, 1695, 1713. 


INDIAN     TERRITORY. 


July  8, 1817.       NO.  17 15.— ARTICLES  of  a  treaty  concluded,  at  the  Cherokee  agency,  within  the 

Proclamation,     Cherokee  nation,  between  Major-General  Andrew  Jackson,  Joseph  M'Minn,  gov- 

Dec.  26, 1817.  ernor  of  the  State  of  Tennessee,  and  General  David  Meriwether,  commissioners 

VoL  7,  p.  156.         plenipotentiary  of  the  United  States  of  America,  of  the  one  part,  and  the  chiefs, 

bead  men,  and  warriors,  of  the  Cherokee  nation,  east  of  the  Mississippi  River,  and 

the  chiefs,  head  men,  and  warriors,  of  the  Cberokees  on  the  Arkansas  River,  and 
their  deputies,  John  D.  Chisholm  and  James  Rogers,  duly  authorized  by  the  chiefs 
of  the  Cherokees  on  the  Arkansas  River,  in  open  council,  by  written  power  of 
attorney,  duly  signed  and  executed,  in  presence  of  Joseph  Sevier  and  William 
Ware. 

Cession   of     ARTICLE  1.  The  chiefs,  head  men,  and  warriors,  of  the  whole  Chero- 

lands  to  United  jjee  natiOn,  cede  to  the  United  States  all  the  lands  lying  north  and  east 

change  foVother  of  the  following  boundaries,  viz  :  Beginning  at  the  high  shoals  of  the 

lands.  Appalachy  River,  and  running  thence,  along  the  boundary  line  between 

the  Creek  and  Cherokee  nations,  westwardly  to  the  Cbatahouchy  River ; 

thence,  up  the  Chatahouchy  River,  to   the  mouth  of  tSouque  Creek ; 

thence,  continuing  with  the  general  course  of  the  river  until  it  reaches 

the  Indian  boundary  line,  and,  should  it  strike  the  Turrurar  River, 

thence,  with  its  meanders,  down  said  river  to  its  mouth,  in  part  of  the 

proportion  of  land  in  the  Cherokee  nation  east  of  the  Mississippi,  to 

which  those  now  on  the  Arkansas  and  those  about  to  remove  there  are 

justly  entitled. 

Further  ces-  ART.  2.  The  chiefs,  head  men,  and  warriors,  of  the  whole  Cherokee 
sion  of  lands.  nation,  do  also  cede  to  the  United  States  all  the  lands  lying  north  and 
west  of  the  following  boundary  lines,  viz  :  Beginning  at  the  Indian 
boundary  line  that  runs  from  the  north  bank  of  the  Tennessee  River, 
opposite  to  the  mouth  of  Hy  wassee  River,  at  a  point  on  the  top  of  Wai- 
den's  Ridge,  where  it  divides  the  waters  of  the  Tennessee  River  from 
those  of  the  Sequatchie  River;  thence,  along  the  said  ridge,  south- 
wardly, to  the  bank  of  the  Tennessee  River,  at  a  point  near  to  a  place 
called'the  Negro  Sugar  Camp,  opposite  to  the  upper  end  of  the  first 
island  above  Running  Water  Town ;  thence,  westwardly,  a  straight 
line  to  the  mouth  of  Little  Sequatchie  River ;  thence,  up  said  river,  to 
its  main  fork ;  thence,  up  its  northernmost  fork,  to  its  source ;  and 
thence,  due  west,  to  the  Indian  boundary  line. 

******* 

The    TJnited     ART.  5.  The  United  States  bind  themselves,  in  exchange  for  the  lands 

much8  lanu^&c18  ceded  in  the  ?rst  and  second  articles  hereof,  to  give  to  that  part  of  the 

as  they  receive  Cherokee  nation  on  the  Arkansas  as  much  land  on  said  river  and  White 

from  the  Chero-  River  as  they  have  or  may  hereafter  receive  from  the  Cherokee  nation 

tees,  east  of  the  Mississippi,  acre  for  acre,  as  the  just  proportion  due  that 

part  of  the  nation  on  the  Arkansas  agreeably  to  their  numbers ;  which 

is  to  commence  on  the  north  side  of  the  Arkansas  River,  at  the  mouth 

of  Point  Remove  or  Budweli's  Old  Place;  thence,  by  a  straight  line, 

northwardly,  to  strike  Chataunga  Mountain,  or  the  hill  first  above 

Shield's  Ferry  on  White  River,  running  up  and  between  said  rivers  for 

complement,  the  banks  of  which  rivers  to  be  the  lines ;  and  to  have 

the  above  line,  from  the  point  of  beginning  to  the  point  on  White 

River,  run  and  marked,  which  shall  be  done  soon  after  the  ratification 

of  this  treaty ;  and  all  citizens  of  the  United  States,  except  Mrs.  P. 

Lovely,  who  is  to  remain  where  she  lives  during  life,  removed  from 

Former  treaties  within  the  bounds  as  above  named.    And  it  is  further  stipulated,  that 

the  treaties  heretofore  between  the  Cherokee  nation  and  the  United 

States  are  to  continue  in  full  force  with  both  parts  of  the  nation,  and 

both  parts  thereof  entitled  to  all  the  immunities  and  privilege  which 

the  old  nation  enjoyed  under  the  aforesaid  treaties;  the  United  States 

reserving  the  right  of  establishing  factories,  a  military  post,  and  roads, 

within  the  boundaries  above  defined. 

*  *  *  *  *  «  * 

702 


INDIAN   TERRITORY.  703 

ART.  8.  And  to  each  and  every  head  of  any  Indian  family  residing  on  Reservations 
the  east  side  of  the  Mississippi  River,  on  the  lands  that  are  now,  or  may  ^an  famfli°f  In" 
hereafter  be,  surrendered  to  the  United  States,  who  may  wish  to  be-  ' 
come  citizens  of  the  United  States,  the  United  States  do  agree  to  give  a 
reservation  of  six  hundred  and  forty  acres  of  land,  in  a  square,  to  in- 
clude their  improvements,  which  are  to  be  as  near  the  centre  thereof 
as  practicable,  in  which  they  will  have  a  life  estate,  with  a  reversion 
in  fee-simple  to  their  children,  reserving  to  the  widow  her  dower,  the 
register  of  whose  names  is  to  be  filed  in  the  office  of  the  Cherokee 
agent,  which  shall  be  kept  open  until  the  census  is  taken  as  stipulated 
in  the  third  article  of  this  treaty.  Provided,  That  if  any  of  the  heads 
of  families,  for  whom  reservations  may  be  made,  should  remove  there- 
from, then,  in  that  case,  the  right  to  revert  to  the  United  States.  And 
provided  further,  That  the  laud  which  may  be  reserved  under  this 
article,  be  deducted  from  the  amount  which  has  been  ceded  under  the 
first  and  second  articles  of  this  treaty,  (a) 

###*#•  *  * 

(a)  See  Nos.  1718,  1724, 1728,  1737,  1750. 

No.  1716.— A  TKEATY  of  friendship,  limits,  and  accommodation,  between  the     Oct.  18, 1820. 

United  States  of  America  and  the  Choctaw  nation  of  Indians,  begun  and  concluded     Proclamation, 

at  the  treaty  ground,  in  said  nation,  near  Doak's  Stand,  on  the  Natchez  road.  Jan.  8, 1821. 

Whereas  it  is  an  important  object  with  the  President  of  the  United  V°l-  7,  p.  210. 
States,  to  promote  the  civilization  of  the  Choctaw  Indians,  by  the  estab-  Objects  of  the 
lishment  of  schools  amongst  them;  and  to  perpetuate  them  as  a  na- treaty, 
tion,  by  exchanging,  for  a  small  part  of  their  land  here,  a  country 
beyond  the  Mississippi  River,  where  all,  who  live  by  hunting  and  will 
not  work,  may  be  collected  and  settled  together. — And  whereas  it  is 
desirable  to  the  State  of  Mississippi,  to  obtain  a  small  part  of  the  land 
belonging  to  said  nation ;  for  the  mutual  accommodation  of  the  parties, 
and  for  securing  the  happiness  and  protection  of  the  whole  Choctaw 
nation,  as  well  as  preserving  that  harmony  and  friendship  which  so 
happily  subsists  between  them  and  the  United  States,  James  Monroe, 
President  of  the  United  States  of  America,  by  Andrew  Jackson,  of  the 
State  of  Tennessee,  Major-General  in  the  Army  of  the  United  States, 
and  General  Thomas  Hinds,  of  the  State  of  Mississippi,  commissioners 
plenipotentiary  of  the  United  States,  on  the  one  part,  and  the  Mingoes, 
head  men,  and  warriors,  of  the  Choctaw  nation,  in  full  council  as- 
sembled, on  the  other  part,  have  freely  and  voluntarily  entered  into  the 
following  articles,  viz : 

ART.  1.  To  enable  the  President  of  the  United  States  to  carry  into    Cession  of  lands 
effect  the  above  grand  and  humane  objects,  the  Mingoes,  head  men,  bytheChootaws. 
and  warriors,  of    the  Choctaw  nation,  in  full  council  assembled,  in 
behalf  of  themselves  and  the  said  nation,  do,  by  these  presents  cede 
to  the  United  States  of  America,  all  the  land  lying  and  being  within 
the  boundaries  following,  to  wit :— Beginning  on  the  Choctaw  boundary,    Bounds  of  the 
east  of  Pearl  River,  at  a  point  due  south  of  the  White  Oak  spring,  on  cession, 
the  old  Indian  path ;  thence  north  to  said  spring ;  thence  northwardly 
to  a  black  oak,  standing  on  the  Natchez  road,  about  forty  poles  east- 
wardly  from  Doake's  fence,  marked  A.  J.  and  blazed,  with  two  large 
pines  and  a  black  oak  standing  near  thereto,  and  marked  as  pointers ; 
thence  a  straight  line  to  the  head  of  Black  Creek,  or  Bouge  Loosa ; 
thence  down  Black  Creek  or  Bouge  Loosa  to  a  small  lake;  thence  a 
direct  course,  so  as  to  strike  the  Mississippi  one  mile  below  the  mouth 
of  the  Arkansas  River ;  thence  down  the  Mississippi  to  our  boundary  ; 
thence  around  and  along  the  same  to  the  beginning. 

ART.  2.  For  and  in  consideration  of  the  foregoing  cession,  on  the    United   States 


situate  between  the  Arkansas  and  Red  River,  and  bounded  as  follows : — 
Beginning  on  the  Arkansas  River,  where  the  lower  boundary  line  of  Boundaries, 
the  Cherokees  strikes  the  same ;  thence  up  the  Arkansas  to  the  Cana- 
dian Fork,  and  up  the  same  to  its  source ;  thence  due  south  to  the  Red 
River;  thence  down  Red  River,  three  miles  below  the  mouth  of  Little 
River,  which  empties  itself  into  Red  River  on  the  north  side  ;  thence 
a  direct  line  to  the  beginning,  (a) 

******* 
(a)  See  Nos.  1717, 1729, 1730, 1733. 


704  INDIAN    TERRITORY. 

T™  on  is-)*       TVo   171  r.— ARTICLES  of  a  convention  made  between  John  C.  Calhoun,  Secretary 
Proclamatio  n,      of  War,  being  specially  authorized  th.-retor  by  the  President  of  the  United  States, 
TVh \<] i  l"ari  and  the  undersigned  chiefs  and  head  men  of  the  Choctaw  nation  of  Indians,  duly 

vv.1 17  ™ o-u  authorized  and  empowered  by  said  nation,  at  the  city  of  Washington,  on  the  twen- 

YOI.I,P.<OT.          au^^  ^^  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

twenty-five. 

Preamble  Whereas  a  treaty  of  friendship,  and  limits,  and  accommodation,  hav- 

ing been  entered  into  at  Doake's  Stand,  on  the  eighteenth  of  October, 
in  the  year  one  thousand  eight  hundred  and  twenty,  between  Andrew 
Jackson  and  Thomas  Hinda,  commissioners  on  the  part  of  the  United 
States,  and  the  chiefs  and  warriors  of  the  Choctaw  nation  of  Indians; 
and  whereas  the  second  article  of  the  treaty  aforesaid  provides  for  a 
cession  of  lands,  west  of  the  Mississippi,  to  the  Choctaw  nation,  in  part 
satisfaction  for  lands  ceded  by  said  nation  to  the  United  States,  accord- 
ing to  the  first  article  of  said  treaty :  And  whereas,  it  being  ascertained 
that  the  cession  aforesaid  embraces  a  large  number  of  settlers,  citizens 
of  the  United  States ;  and  it  being  the  desire  of  the  President  of  the 
United  States  to  obviate  all  difficulties  resulting  therefrom,  and  also, 
to  adjust  other  matters  in  which  both  the  United  States  and  the  Choc- 
taw nation  are  interested :  The  following  articles  have  been  agreed 
upon,  and  concluded,  between  John  C.  Calhoun,  Secretary  of  War, 
specially  authorized  therefor  by  the  President  of  the  United  States,  on 
the  one  part,  and  the  undersigned  delegates  of  the  Choctaw  nation,  on 
the  other  part : 

Lands  ceded  to     ARTICLE  1.  The  Choctaw  nation  do  hereby  cede  to  the  United  States 

the   United  all  that  portion  of  the  land  ceded  to  them  by  the  second  article  of  the 

States.  treaty  of  Doak  Stand,  as  aforesaid,  lying  east  of  a  line  beginning  on 

the  Arkansas,  one  hundred  paces  east  of  Fort  Smith,  and  running 

thence,  due  south,  to  Red  River :  it  being  understood  that  this  line 

shall  constitute,  and  remain,  the  permanent  boundary  between  the 

United  States  and  the  Choctaws;  and  the  United  States  agreeing  to 

remove  such  citizens  as  may  be  settled  on  the  west  side,  to  the  east  side 

of  said  line,  and  prevent  future  settlements  from  being  made  on  the 

west  thereof,  (a) 

**##*•» 

(a)  See  Nos.  1716, 1729, 1730, 1733. 

No.  IT  18.— ARTICLES  of  a  convention,  concluded  at  the  city  of  Washington  this 

may  o,  itwe.  sixth  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty 

TiTa^9siR9R  eight,  between  James  Barbour,  Secretary  of  War,  being  especially  authorized 

v  IT"      £ii  therefor  by  the  President  of  the  United  States,  and  the  undersigned,  chiefs  and 

head  men  of  the  Cherokee  nation  of  Indians,  west  of  the  Mississippi,  they  being 

duly  authorized  and  empowered  by  their  nation. 

Object  of  the     Whereas,  it  being  the  anxious  desire  of  the  Government  of  the  United 
treaty.  States   to  secure  to  the  Cherokee  nation   of  Indians,  as   well   those 

now  living  within  the  limits  of  the  Territory  of  Arkansas,  as  those  of 
their  friends  and  brothers  who  reside  in  States  east  of  the  Mississippi, 
and  who  may  wish  to  join  their  brothers  of  the  west,  a  permanent 
home,  and  which  shall,  under  the  most  solemn  guarantee  of  the  United 
States,  be,  and  remain,  theirs  forever — a  home  that  shall  never,  in  all 
future  time,  be  embarrassed  by  having  extended  around  it  the  lines,  or 
placed  over  it  the  jurisdiction  of  a  Territory  or  State,  nor  be  pressed 
upon  by  the  extension,  in  any  way,  of  any  of  the  limits  of  any  existing 
Territory  or  State ;  and,  whereas,  the  present  location  of  the  Cherokees 
in  Arkansas  being  unfavourable  to  their  present  repose,  and  tending, 
as  the  past  demonstrates,  to  their  future  degradation  and  misery ;  and 
the  Cherokees  being  anxious  to  avoid  such  consequences,  and  yet  not 
questioning  their  right  to  their  lands  in  Arkansas,  as  secured  to  them 
by  treaty,  and  resting  also  upon  the  pledges  given  them  by  the  Presi- 
dent of  the  United  States,  and  the  Secretary  of  War,  of  March,  1818, 
and  8th  October,  1821,  in  regard  to  the  outlet  to  the  West,  and  as  may 
be  seen  on  referring  to  the  records  of  the  War  Department,  still  being 
anxious  to  secure  a  permanent  home,  and  to  free  themselves,  and  their 
posterity,  from  an  embarrassing  connexion  with  the  Territory  of  Ar- 
kansas, and  guard  themselves  from  such  connexions  in  future ;  and, 
whereas,  it  being  important,  not  to  the  Cherokees  only,  but  also  to  the 
Choctaws,  and  in  regard  also  to  the  question  which  may  be  agitated  in 
the  future  respecting  the  location  of  the  latter,  as  well  as  the  former, 
within  the  limits  of  the  Territory  or  State  of  Arkansas,  as  the  case  may 
be,  and  their  removal  therefrom;  and  to  avoid  the  cost  which  may  at- 


INDIAN    TERRITORY.  705 

tend  negotiations  to  rid  the  Territory  or  State  of  Arkansas  whenever  it 
may  become  a  State,  of  either,  or  both  of  those  tribes,  the  parties  here- 
to do  hereby  conclude  the  following  articles,  viz : 

ARTICLE  1.  The  western  boundary  of  Arkansas  shall  be,  and  the     "Western  bouu- 
same  is,  hereby  defined,  viz  :  A  line  shall  be  run,  commencing  on  Red  <jary  of  Arkansas 
River,  at  the  point  where  the  Eastern  Choctaw  line  strikes  said  river,  de 
and  run  due  north  with  said  line  to  the  river  Arkansas,  thence  in  a 
direct  line  to  the  southwest  corner  of  Missouri. 

ART.  2.  The  United  States  agree  to  possess  the  Cherokees,  and  to  Territory  guar- 
guarantee  it  to  them  forever,  and  that  guarantee  is  hereby  solemnly  anteed  to  Chero- 
pledged,  of  seven  million's  of  acres  of  laud,  to  be  bounded  as  follows,  66  United 
viz :  Commencing  at  that  point  on  Arkansas  River  where  the  eastern 
Choctaw  boundary  line  strikes  said  river,  and  running  thence  with  the 
western  line  of  Arkansas,  as  defined  in  the  foregoing  article,  to  the 
southwest  corner  of  Missouri,  and  thence  with  the  western  boundary 
line  of  Missouri  till  it  crosses  the  waters  of  Neasho,  generally  called 
Grand  River,  thence  due  west  to  a  point  from  which  a  due  south  course 
will  strike  the  present  northwest  corner  of  Arkansas  Territory,  thence 
continuing  due  south,  on  and  with  the  present  western  boundary  line 
of  the  Territory  to  the  main  branch  of  Arkansas  River,  thence  down 
said  river  to  its  junction  with  the  Canadian  River,  and  thence  up  and 
between  the  said  rivers  Arkansas  and  Canadian,  to  a  point  at  which  a 
line  running  north  and  south  from  river  to  river,  will  give  the  afore- 
said seven  millions  of  acres.  In  addition  to  the  seven  millions  of  acres 
thus  provided  for,  and  bounded,  the  United  States  further  guarantee 
to  the  Cherokee  nation  a  perpetual  outlet,  west,  and  a  free  and  unmo- 
lested use  of  all  the  country  lying  west  of  the  western  boundary  of  the 
above-described  limits,  and  as  far  west  as  the  sovereignty  of  the  United 
States,  and  their  right  of  soil  extend. 

ART.  3.  The  United  States  agree  to  have  the  lines  of  the  above  ces-     Lines  to  be  run 
sion  run  without  delay,  say  not  later  than  the  first  of  October  next,  without  d  e  1  a  y 
and  to  remove,  immediately  after  the  running  of  the  eastern  line  from  JJJJ  Removed 
the  Arkansas  River  to  the  southwest  corner  of  Missouri,  all  white  per-  from  the  cession, 
sons  from  the  west  to  the  east  of  said  line,  and  also  all  others,  should 
there  be  any  there,  who  may  be  unacceptable  to  the  Cherokees,  so  that 
no  obstacles  arising  out  of  the  presence  of  a  white  population,  or  a  popu- 
lation of  any  other  sort,  shall  exist  to  annoy  the  Cherokees;  and  also 
to  keep  all  such  from  the  west  of  said  line  in  future. 

ART.'?.  The  chiefs  and  head  men  of  the  Cherokee  nation,  aforesaid,     Cherokees    to 
for  and  in  consideration  of  the  foregoing  stipulations  and  provisions,  surrender   lands 
do  hereby  agree,  in  the  name  and  behalf  of  their  nation,  to  give  up,  ^thto   fourteen 
and  they  do  hereby  surrender,  to  the  United  States,  and  agree  to  leave  months, 
the  same  within  fourteen  months,  as  herein  before  stipulated,  all  the 
lands  to  which  they  are  entitled  in  Arkansas,  and  which  were  secured 
to  them  by  the  treaty  of  8th  January,  1817,  and  the  convention  of  the 
27th  February,  1819. 

******* 

ART.  9.  It  is  understood  and  agreed  by  the  parties  to  this  convention,     A  certain  tract 
that  a  tract  of  land,  two  miles  wide  and  six  miles  long,  shall  be,  and  of    lanj|  .*J  Jjf 
the  same  is  hereby,  reserved  for  the  use  and  benefit  of  the  United  States,  benefit  of   the 
for  the  accommodation  of  the  military  force  which  is  now,  or  which  may  United  States, 
hereafter  be,  stationed  at  Fort  Gibson,  on  the  Neasho,  or  Grand  River, 
to  commence  on  said  river  half  a  mile  below  the  aforesaid  fort,  and  to 
run  thence  due  east  two  miles,  thence  northwardly  six  miles,  to  a  point 
which  shall  be  two  miles  distant  from  the  river  aforesaid,  thence  due 
west  to  the  said  river,  and  down  it  to  the  place  of  beginning.    And  the 
Cherokees  agree  that  the  United  States  shall  have  and  possess  the  right 
of  establishing  a  road  through  their  country  for  the  purpose  of  hav- 
ing a  free  and  unmolested  way  to  and  from  said  fort,  (a) 

******* 

[NOTE.— This  treaty  was  ratified  with  the  following  proviso,  expressed 
in  the  resolution  of  the  Senate:  "Provided,  nevertheless,  that  the  said 
convention  shall  not  be  so  construed  as  to  extend  the  northern  bound- 
ary of  the  'perpetual  outlet  west,'  provided  for  and  guaranteed  in  the 
second  article  of  said  convention,  north  of  the  thirty-sixth  degree  of 
north  latitude,  or  so  as  to  interfere  with  the  lands  assigned,  or  to  be 
assigned,  west  of  the  Mississippi  River,  to  the  Creek  Indians  who  have 
emigrated,  or  may  emigrate,  from  the  States  of  Georgia  and  Alabama, 
under  the  provisions  ot  any  treaty  or  treaties  heretofore  concluded  be- 
tween the  United  States  and  the  Creek  tribe  of  Indians  j  and  provided 
45  L  O — VOL  II 


706  INDIAN    TERRITORY. 

further,  that  nothing  in  the  said  convention  shall  be  construed  to  cede 
or  assign  to  the  Cberokees  any  lands  heretofore  ceded  or  assigned  to  any 
tribe  or  tribes  of  Indians,  by  any  treaty  now  existing  and  in  force,  with 
any  such  tribe  or  tribes."] 

(a)  See  Nos.  1715, 1724, 1728, 1737, 1750. 

May  28,  1830.     No.  I  7 1 8a.—A~S  ACT  to  provide  for  an  exchange  of  lands  with  the  Indians  residing 
Vol.  4,  p.  411.  in  any  of  the  States  or  Territories,  and  for  their  removal  west  of  the  river  Missis- 

sippi'. 


Districts  to  be     Be  it  enacted,  $-c.,  That  it  shall  and  may  be  lawful  for  the  President 
laid  off.  of  the  United  States  to  cause  so  much  of  any  territory  belonging  to  the 

United  States,  west  of  the  river  Mississippi,  not  included  in  any  State 
or  organized  Territory,  and  to  which  the  Indian  title  has  been  extin- 
guished, as  he  may  judge  necessary,  to  be  divided  into  a  suitable  num- 
ber of  districts,  for  the  reception  of  such  tribes  or  nations  of  Indians  as 
may  choose  to  exchange  the  lands  where  they  now  reside,  and  remove 
there  ;  and  to  cause  each  of  said  districts  to  be  so  described  by  natural 
or  artificial  marks,  as  to  be  easily  distinguished  from  every  other. 
President  to  SEC.  2.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 
exchange,  &o.  j-oe  President  to  exchange  any  or  all  of  such  districts,  so  to  be  laid  off 
and  described,  with  any  tribe  or  nation  of  Indians  now  residing  within 
the  limits  of  any  of  the  States  or  Territories,  and  with  which  the  Uuited 
States  have  existing  treaties,  for  the  whole  or  any  part  or  portion  of  the 
territory  claimed  and  occupied  by  such  tribe  or  nation,  within  the  bounds 
of  any  one  or  more  of  the  States  or  Territories,  where  the  laud  claimed 
and  occupied  by  the  Indians,  is  owned  by  the  United  States,  or  the 
United  States  are  bound  to  the  State  within  which  it  lies  to  extinguish 
the  Indian  claim  thereto,  (a) 

Title    secured      SEC.  3.  And  be  it  further  enacted,  That  in  the  making  of  any  such  ex- 
to  Indians.  change  or  exchanges,  in  shall  and  may  be  lawful  for  the  President  sol- 

emnly to  assure  the  tribe  or  nation  with  which  the  exchange  is  made, 
that  the  United  States  will  forever  secure  and  guaranty  to  them,  and 
their  heirs  or  successors,  the  country  so  exchanged  with  them  ;  and  if 
they  prefer  it,  that  the  United  States  will  canse  a  patent  or  grant  to  be 
Proviso.  made  and  executed  to  them  for  the  same  :  Provided  always,  That  such 

lands  shall  revert  to  the  United  States,  if  the  Indians  become  extinct,  or 
abandon  the  same. 

Improvements      SEC  4.  And  be  it  further  enacted,  That  if,  upon  any  of  the  lands  now 
to  be  appraised  occupied  by  the  Indians,  and  to  be  exchanged  for,  there  should  be  such 
for-        improvements  as  add  value  to  the  land  claimed  by  any  individual  or 
individuals  of  such  tribes  or  nations,  it  shall  and  may  be  lawful  for  the 
President  to  cause  such  value  to  be  ascertained  by  appraisement  or  other- 
wise, and  to  cause  such  ascertained  value  to  be  paid  to  the  person  or  per- 
sons rightfully  claiming  such  improvements.     And  upon  the  payment 
of  such  valuation,  the  improvements  so  valued  and  paid  for,  shall  pass 
to  the  United  States,  and  possession  shall  not  afterwards  be  permitted 
to  any  of  the  same  tribe. 

Aid  in  moving,  SEC.  5.  And  belt  further  enacted,  That  upon  the  making  of  any  such 
exchange  as  is  contemplated  by  this  act,  it  shall  and  may  be  lawful  for 
the  President  to  cause  such  aid  and  assistance  to  be  furnished  to  the 
emigrants  as  may  be  necessary  and  proper  to  enable  them  to  remove  to, 
and  settle  in,  the  country  for  which  they  may  have  exchanged ;  and 
also,  to  give  them  such  aid  and  assistance  as  may  be  necessary  for  their 
support  and  subsistence  for  the  first  year  after  their  removal. 

Protection.  SEC.  6.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 

the  President  to  cause  such  tribe  or  nation  to  be  protected,  at  their  new 
residence,  against  all  interruption  or  disturbance  from  any  other  tribe 
or  nation  of  Indians,  or  from  any  other  person  or  persons  whatever. 
President  to     SEC.  7.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 
tendence^ov^r        Pr.esi<lent  to  have  the  same  superintendence  and  care  over  any  tribe 
tribes  removing,  or.Datiou  in  the  country  to  which  they  may  remove,  as  contemplated  by 
&.c.  "  this  act,  that  he  is  now  authorized  to  have  over  them  at  their  present 

places  of  residence  :  Provided,  That  nothing  in  this  act  contained  shall 
be  construed  as  authorizing  or  directing  the  violation  of  any  existing 
treaty  between  the  United  States  and  any  of  the  Indian  tribes. 
00,000  appro-      SEC.  8.  And  be  it  further  enacted,  That  for  the  purpose  of  giving  effect 
to  the  provisions  of  this  act,  the  sum  of  five  hundred  thousand  dollars 
is  hereby  appropriated,  to  be  paid  out  of  any  money  in  the  Treasury,  not 
otherwise  appropriated, 
(a)  See  No.  1729a. 


INDIAN    TERRITORY.  707 

No.  17 J  9.— ARTICLES  of  agreement  and  convention,  made  and  concluded  at  the     Feb.  28,  1831. 
city  of  Washington,  on  the  twenty-eighth  day  of  February,  in  the  year  of  our  Lord,      Proclamation, 
one  thousand  eight  hundred  and  thirty-one,  by  and  between  James  B.  Gardiner,      March  24, 1831. 
specially  appointed  commissioner  on  the  part  of  the  United  States,  of  the  one  part,      Vol.  7,  p.  348. 

and  the  undersigned,  principal  chiefs  and  warriors  of  the  Seneca  tribe  of  Indians, 

residing  on  the  Sandusky  Elver  in  the  State  of  Ohio,  on  the  part  of  said  tribe,  of 
the  other  part ;  for  the  cession  of  the  lauds  now  owned  and  occupied  by  the  said 
tribe  of  Indians,  lying  on  the  waters  of  the  Sandusky  Biver,  and  situate  within 
the  territorial  limits  of  the  organized  counties  of  Seneca  and  Sandusky,  in  said 
State  of  Ohio. 

Whereas  the  tribe  of  Seneca  Indians,  residing  on  Sandusky  River,  in  Preamble, 
the  State  of  Ohio,  have  earnestly  solicited  the  President  of  the  United 
States  to  negociate  with  them,  for  an  exchange  of  the  lands,  now  owned 
and  occupied  by  them,  for  lands  of  thy  United  States,  west  of  the  river 
Mississippi,  and  for  the  removal  ttnd  permanent  settlement  of  said  tribe : 
Therefore,  in  order  to  carry  into  effect  the  aforesaid  objects,  the  fol- 
lowiug  articles  have  been  agreed  upon : 

ARTICLE  1.  The  Seneca  tribe  of  Indians,  in  consideration  of  the  stipu-  Cession  by  the 
lations  herein  made  on  the  part  of  the  United  States,  do  forever  cede,  Senecaa- 
release  and  quit-claim  to  the  United  States,  the  lauds  granted  to  them, 
by  patent,  in  fee-simple,  by  the  sixth  section  of  the  treaty,  made  at  the 
foot  of  the  rapids  of  the  Miami  River  of  Lake  Erie,  on  the  twenty-ninth 
day  of  September,  in  the  year  1817,  containing  thirty  thousand  acres, 
and  described  as  follows:  "Beginning  on  the  Sandusky  River  at  the 
lower  corner  of  the  section  granted  to  William  Spicer ;  thence  down  the 
river  on  the  east  side,  with  the  meanders  thereof  at  high- water  mark, 
to  a  point  east  of  the  mouth  of  Wolf  Creek ;  thence,  and  from  the  be- 
ginning, east,  so  far  that  a  north  line  will  include  the  quantity  of  thirty 
thousand  acres."  And  said  tribe  also  cede,  as  aforesaid,  one  other  tract 
of  land,  reserved  for  the  use  of  the  said  Senecas,  by  the  second  article 
of  the  treaty,  made  at  St.  Mary's,  in  the  State  of  Ohio,  on  the  seven- 
teenth day  of  September,  in  the  year  1818,  which  tract  is  described  in 
said  treaty  as  follows :  "  Ten  thousand  acres  of  land,  to  be  laid  off  on 
the  east  side  of  the  Sandusky  River,  adjoining  the  south  side  of  their 
reservation  of  thirty  thousand  acres,  which  begins  on  the  Sandusky 
River,  at  the  lowi  r  corner  of  William  Spicer's  section,  and  excluding 
therefrom  the  said  William  Spicer's  section :"  making  in  the  whole  of 
this  cession,  forty  thousand  acres. 

ART.  2.  In  consideration  of  the  cessions  stipulated  in  the  foregoing     Removal  of 
article;  the  United  States  agree  to  cause  the  said  tribe  of  Senecas,  con-  Senecas. 
sisting  of  about  four  hundred  souls  to  be  removed  in  a  convenient  and 
suitable  manner,  to  the  western  side  of  the  Mississippi  River ;  and  will 
grant  them,  by  patent,  in  fee-simple,  as  long  as  they  shall  exist  as  a     QT    *  to  them, 
nation  and  remain  on  the  same,  a  tract  of  land,  situate  on,  and  adjacent 
to  the  northern  boundary  of  the  lands  heretofore  granted  to  the  Chero- 
kee nation  of  Indians,  and  adjoining  the  boundary  of  the  State  of  Mis- 
souri ;  which  tract  shall  extend  fifteen  miles  from  east  to  west,  and 
seven  miles  from  north  to  south,  containing  about  sixty-seven  thousand 
acres,  be  the  same  more  or  less ;  for  which  the  President  of  the  United 
States  shall  cause  letters-patents  to  be  issued,  in  due  form  of  law,  agree- 
ably to  the  act  of  the  last  session  of  Congress. 

******* 

ART.  12.  The  lands  granted  by  this  agreement  and  convention  to  the    Lands  granted 
Seneca  tribe  of  Indians  shall  not  be  sold  or  ceded  by  them,  except  to  not  to  be  sold- 
the  United  States,  (a) 

******* 
(a)  See  Nos.  1721,  1723,  1745. 

No.  1 720.— ARTICLES  of  a  treaty  made  at  the  city  of  "Washington  between  Lewis  March  24, 1832. 
Cass,  thereto  specially  authorized  by  the  President  of  the  United  States,  and  the  Proclamation, 
Creek  tribe  of  Indians.  April  4,  1832. 

ARTICLE  I.  The  Creek  tribe  of  Indians  cede  to  the  United  States  all ! 

their  land  east  of  the  Mississippi  River.  Cession  of 

*******          land  by  Creeks. 

ART.  XIV.  The  Creek  country  west  of  the  Mississippi  shall  be  solemnly     Guarantee    o  f 
guarantied  to  the  Creek  Indians,  nor  shall  any  State  or  Territory  ever  ^un^r.y  .w°8t  .of 
have  a  right  to  pass  laws  for  the  government  of  such  Indians,  but  they  m 
shall  be  allowed  to  govern  themselves,  so  far  as  may  be  compatible 
with  the  general  jurisdiction  which  Congress  may  think  proper  to  ex- 
ercise over  them.    And  the  United  States  will  also  defend  them  from 
the  unjust  hostilities  of  other  Indians,  and  will  also,  as  soon  as  the 


708  INDIAN    TERRITORY. 

boundaries  of  the  Creek  country  west  of  the  Mississippi  are  ascertained, 

Pat^t  tn  h  A  cause  a  patent  or  grant  to  be  executed  to  the  Creek  tribe,  agreeably  to 

executed,  the  3d  section  of  the  act  of  Congress  of  May  2d,  [28,]  1830,  entitled  "An 

act  to  provide  for  an  exchange  of  lands  with  the  Indians  residing  in 

any  of  the  States  or  Territories,  and  for  their  removal  west  of  the 

Mississippi."  (a) 

*  ^  *  *  #  *  * 

(a)  See  Ifos.  1725, 1731, 1738, 1750, 1752. 


July  20  1831.  No.  1721. — ARTICLES  of  agreement  and  convention,  made  and  concluded  at 
Proclamati  o  n  Lewistown,  in  the  county  of  Logan,  and  State  of  Ohio,  on  the  twentieth  day  of  July, 
April  6  1832.  '  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty -one,  by  and  between 
Vol.  7,  p.  351.  James  B.  Gardiner,  specially  appointed  commissioner  on  the  part  of  the  United 

. ! States,  and  John  McElvain,  Indian  agent  for  the  Wyandots,  Senecas  and  Shawnees, 

on  the  one  part,  and  the  undersigned  principal  chiefs  and  warriors  of  the  mixed 
band  of  Senecas  and  Shawnee  Indians  residing  at  and  around  the  said  Lewistown, 
of  the  other  part;  for  the  cession  of  the  lands  now  owned  and  occupied  by  said 
band,  lying  on  the  waters  of  the  Great  Miami  River,  and  within  the  territorial  'limits 
of  the  organized  county  of  Logan,  in  said  State  of  Ohio. 

Preamble.  Whereas  the  President  of  the  United  States,  under  the  authority  of 

the  act  of  Congress,  approved  May  28th,  1830,  has  appointed  a  special 
commissioner  to  confer  with  the  different  Indian  tribes  residing  within 
the  constitutional  limits  of  the  State  of  Ohio,  and  to  offer  for  their  ac- 
ceptance the  piovisions  contained  in  the  before- recited  act.  And  whereas 
the  mixed  band  or  tribes  of  Seneca  and  Shawnee  Indians  residing  at 
and  around  Lewistown  in  said  State  have  expressed  their  perfect  assent 
to  the  conditions  of  said  act,  and  their  willingness  and  anxiety  to  re- 
move west  of  the  Mississippi  River,  in  order  to  obtain  a  more  perma- 
nent and  advantageous  home  for  themselves  and  their  posterity :  There- 
fore, in  order  to  carry  into  effect  the  aforesaid  objects,  the  following 
articles  have  been  agreed  upon  by  the  aforesaid  contracting  parties ; 
which,  when  approved  by  the  President  and  ratified  by  the  Senate  of 
the  United  States,  shall  be  mutually  binding  upon  the  United  States 
and  the  said  Seneca  and  Shawnee  Indians. 
Cession  of  ARTICLE  I.  The  Seneca  and  Shawnee  Indians,  residing  at  and  around 

sftes*0  United  Lewistown  in  the  State  of  Ohio,  in  consideration  of  the  stipulations 
herein  made  on  the  part  of  the  United  States,  do  for  ever  cede,  release 
and  quit-claim  to  the  United  States,  the  lands  granted  to  them  by  patent 
in  fee-simple  by  the  sixth  article  of  the  treaty  made  at  the  foot  of  the 
rapids  of  the  Miami  River  of  Lake  Erie,  on  the  twenty-ninth  day  of 
September,  in  the  year  1817,  containing  forty-eight  square  miles,  and 
described  in  said  treaty  as  follows:— "Beginning  at  the  intersection  of 
the  line  run  by  Charles  Roberts  in  the  year  one  thousand  eight  hundred 
and  twelve,  from  the  source  of  the  Little  Miami  River,  to  the  source  of 
the  Scioto  River,  in  pursuance  of  instructions  from  the  commissioners 
appointed  on  the  part  of  the  United  States,  to  establish  the  western 
boundary  of  the  Virginia  military  reservation,  with  the  Indian  boundary 
line  established  by  the  treaty  of  Greenville  in  one  thousand  seven  hun- 
dred and  ninety -five  from  the  crossings  above  Fort  Lawrence  to  Lara- 
mie's  store,  and  to  run  from  such  intersection,  northerly,  with  the  first- 
mentioned  line,  so  as  to  include  the  quantity  as  nearly  in  a  square  form 
as  practicable,  after  excluding  the  section  of  land  granted  to  Nancy 
Stewart."  And  the  said  Senecas  and  Shawnees  also  cede  to  the  United 
States,  in  manner  aforesaid,  one  other  tract  of  land,  reserved  for  them 
by  the  second  article  of  the  treaty  made  at  St.  Mary's,  in  Ohio,  on  the 
seventeenth  of  September,  in  the'year  1818,  which  tract  is  described  in 
said  treaty  as  follows  :  — "  Eight  thousand  nine  hundred  and  sixty  acres, 
to  be  laid  off  adjoining  the  west  line  of  the  reserve  of  forty-eight  square 
miles  at  Lewistown." 
Removal  of  ART.  II.  In  consideration  of  the  cessions  stipulated  in  the  foregoing 

Senecas  and  article,  the  United  States  agree  to  cause  the  said  band  of  Senecas  and 
Shawnees,  consisting  of  about  three  hundred  souls,  to  be  removed  in  a 
convenient  and  suitable  manner  to  the  western  side  of  the  Mississippi 
Grant  of  land.  River,  and  will  grant  by  patent,  in  fee-simple  to  them  and  their  heirs 
forever,  as  long  as  they  shall  exist  as  a  nation  and  remain  on  the  same, 
a  tract  of  land  to  contain  sixty  thousand  acres,  to  be  located  under  the 
direction  of  the  President  of  the  United  States,  contiguous  to  the  lands 
granted  to  the  Senecas  of  Sandusky  by  the  treaty  made  with  them  at 
the  city  of  Washington,  on  the  28th  of  February  1831,  and  the  Cherokee 
settlements — the  east  line  of  said  tract  shall  be  within  two  miles  of  the 
west  line  of  the  lands  granted  to  the  Senecas  of  Sandusky,  and  the  south 


INDIAN    TERRITORY.  709 

line  shall  be  within  two  miles  of  the  north  line  of  the  lands  held  by  the 
Cherokees — and  said  two  miles  between  the  aforesaid  lines,  shall  serve 
as  a  common  passway  between  the  before-mentioned  tribes  to  prevent 
them  from  intruding  upon  the  lands  of  each  other. 

******* 

ART.  XI.  The  lands  granted  by  this  agreement  and  convention  to  the    Lands  granted, 
said  band  of  Senecas  and  Shawnees,  shall  not  be  sold  or  ceded  by  them  not  to  be  sold., 
except  to  the  United  States.    And  the  United  States  guarantee  that     Guarantee  by 
said  lands  shall  never  be  within  the  bounds  of  any  State  or  Territory,  United  States, 
nor  subject  to  the  laws  thereof ;  and  further  that  the  President  of  the 
United  States  will  cause  said  tribes  to  be  protected  at  their  new  resi- 
dence against  all  interruption  or  disturbance  from  any  other  tribe  or 
nation  of  Indians,  or  from  any  other  person  or  persons  whatever  j  and 
he  shall  have  the  same  care  and  superintendence  over  them  in  the  coun- 
try to  which  they  design  to  remove,  that  he  has  heretofore  had  over 

them  at  their  present  place  of  residence,  (a) 

*  *  *  *  #  *  * 

(a)  See  Nos.  1719, 1722, 1723, 1745, 1749. 


No.  1722.— ARTICLES  of  agreement  and  convention,  made  and  concluded  at  "Wa-     Aug.  8, 183L 
paghkonnetta,  in  the  county  of  Allen  and  State  of  Ohio  on  the  8th  day  of  August  in     Proclamation, 
the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-one,  by  and  between     April  6, 1833. 
James  B.  Gardiner  specially  appointed  commissioner  on  the  part  of  the  United  States     Vol.  7,  p.  355. 

and  John  McElvain,  Indian  agent  for  the  Wyandots,  Senecas  and  Shawnees  residing • 

in  the  State  of  Ohio,  on  the  one  part,  and  the  undersigned,  principal  chiefs,  head- 
men and  warriors  of  the  tribe  of  Shawnee  Indians  residing  at  Wapaghkonnetta  and 
Hog  Creek,  within  the  territorial  limits  of  the  organized  county  of  Allen,  in  the 
State  of  Ohio. 

Whereas  the  President  of  the  United  States  under  the  authority  of  Preamble, 
the  act  of  Congress,  approved  May  28,  1830,  has  appointed  a  special 
commissioner  to  confer  with  the  different  Indian  tribes  residing  within 
the  constitutional  limits  of  the  State  of  Ohio,  and  to  offer  for  their 
acceptance  the  provisions  of  the  before-recited  act : — And  whereas  the 
tribe  or  band  of  Shawnee  Indians  residing  at  Wapaghkonnetta  and  on 
Hog  Creek  in  the  said  State,  have  expressed  their  perfect  assent  to  the 
conditions  of  the  said  act,  and  their  willingness  and  anxiety  to  remove 
west  of  the  Mississippi  River,  in  order  to  obtain  a  more  permanent  and 
advantageous  home  for  themselves  and  their  posterity.  Therefore,  in 
order  to  carry  into  effect  the  aforesaid  objects,  the  following  articles  of 
convention  have  been  agreed  upon  by  the  aforesaid  contracting  parties, 
which,  when  ratified  by  the  President  of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate  thereof,  shall  be  mutually  binding 
upon  the  United  States  and  the  said  Shawnee  Indians. 

ARTICLE  I.  The  tribe  or  band  of  Shawnee  Indians  residing  at  Wa-  Cession  of 
paghkonnetta  and  on  Hog  Creek  in  the  State  of  Ohio,  in  consideration  M8.*0  1Jnitea 
of  the  stipulations  herein  made,  on  the  part  of  the  United  States,  do  for 
ever  cede,  release  and  quit-claim  to  the  United  States  the  lands  granted 
to  them  by  patent  in  fee-simple  by  the  sixth  section  of  the  treaty  made 
at  the  foot  of  the  rapids  of  the  Miami  River  of  Lake  Erie  on  the  29th 
day  of  September  in  the  year  of  our  Lord  1817,  containing  one  hundred 
and  twenty-five  sections  or  square  miles,  and  granted  in  two  reservations 
and  described  in  the  said  sixth  section  of  the  aforesaid  treaty  as  follows : 
— "A  tract  of  land  ten  miles  square,  the  centre  of  which  shall  be  the 
council  house  at  Wapaghkounetta;"  and  "a  tract  of  land  containing 
twenty-five  square  miles,  which  is  to  join  the  tract  granted  at  Wapagh- 
konnetta, and  to  include  the  Shawnee  settlement  on  Hog  Creek,  and  to 
be  laid  off  as  nearly  as  possible  in  a  square  form,"  which  said  two  tracts 
or  reservations  of  land  were  granted  as  aforesaid  to  the  said  Shawnee 
Indians  by  the  patents  signed  by  the  Commissioner  of  the  General  Land 
Office  and  certified  by  the  Secretary  of  War  dated  the  20th  day  of  April 
182 1 .  Also,  one  other  tract  of  land,  granted  to  the  said  Shawnees  by  the 
second  article  of  the  treaty  made  at  St.  Mary's  in  the  State  of  Ohio, 
on  the  17th  day  of  September  in  the  year  1818,  and  described  therein 
as  follows:  "  Twelve  thousand  eight  hundred  acres  of  land  to  belaid 
off  adjoining  the  east  line  of  their  reserve  of  ten  miles  square  at  Wa- 
paghkounetta," making  in  the  whole  of  the  aforesaid  cessions  to  the 
United  States  by  the  aforesaid  Shawnees,  one  hundred  and  for.ty-five 
sections  or  square  miles,  which  includes  all  the  land  now  owned  or 
claimed  by  the  said  band  or  tribe  of  Shawnees  in  the  State  of  Ohio. 


710  INDIAN    TERRITORY. 

Removal  of     ART.  II.  In  consideration  of  the  cessions  stipulated  in  the  foregoing 
Shawnees.  article,  the  United  States  agree  to  cause  the  said  tribe  or  band  of  Shaw- 

nees,  consisting  of  about  four  hundred  souls,  to  be  removed  in  a  conve- 
nient and  suitable  manner  to  the  western  side  of  the  Mississippi  River, 
Grant  of  land  and  will  grant  by  patent  in  fee-simple  to  them  and  their  heirs  for  ever, 
west  of  the  Mis-  as  long  as  they  shall  exist  as  a  nation  and  remain  upon  the  same,  a  tract 
sisaippi.  of  iami  to  contain  one  hundred  thousand  acres,  to  be  located  under  the 

direction  of  the  President  of  the  United  States,  within  the  tract  of  land 
equal  to  fifty  miles  square,  which  was  granted  to  the  Shawnee  Indians 
of  the  State  of  Missouri  by  the  second  article  of  a  treaty  made  at  the 
city  of  Saint  Louis  in  said  State,  with  the  said  Shawneesof  Missouri  by 
William  Clark,  superintendent  of  Indian  affairs,  on  the  7th  day  of 
November  in  the  year  1325 ;  and  in  which  it  is  provided  that  the  grant 
aforesaid  shall  be  for  the  Shawnee  tribe  of  Indians  within  the  State  of 
Missouri,  "  and  for  those  of  the  same  nation  now  residing  in  Ohio,  who 
may  hereafter  emigrate  to  the  west  of  the  Mississippi;"  but  if  there 
should  not  be  a  sufficiency  of  good  land  unoccupied  by  the  Shawnee 
Indians  who  have  already  settled  on  the  tract  granted  as  aforesaid  by 
the  said  treaty  of  Saint  Louis;  then  the  tract  of  one  hundred  thousand 
acres,  hereby  granted  to  the  said  Shawnees  of  Ohio,  parties  to  this  com- 
pact, shall  be  located  under  the  direction  of  the  President  of  the  United 
States  on  lands  contiguous  to  the  said  Shawuees  of  Missouri,  or  on  any 
other  unappropriated  lands  within  the  district  of  country  designed  for 
the  emigrating  Indians  of  the  United  States. 

******* 

Lands  granted  ART.  X.  The  lands  granted  by  this  agreement  and  convention  to  the 
not  to  be  sold,  said  band  or  tribe  of  Shawnees,  shall  not  be  sold  nor  ceded  by  them, 
Guarantee  except  to  the  United  States.  And  the  United  States  guarantee  that 
said  lands  shall  never  be  within  the  bounds  of  any  State  or  Territory, 
nor  subject  to  the  laws  thereof ;  and  further,  that  the  President  of  the 
United  States  will  cause  said  tribe  to  be  protected  at  their  intended 
residence,  against  all  interruption  or  disturbance  from  any  other  tribe 
or  nation  of  Indians,  or  from  any  other  person  or  persons  whatever,  and 
he  shall  have  the  same  care  and  superintendence  over  them,  in  the 
country  to  which  they  are  to  remove,  that  he  has  heretofore  had  over 
them  at  their  present  place  of  residence,  (a) 

#  *  *  *  *  *  * 

(a)  See  Kbs.  1721, 1723, 1745, 1749. 


Dec  29, 1832.  No.  J  723.— ARTICLES  of  agreement,  made  and  concluded  at  the  Senaca  agency, 
Proclamation,  on  the  head- waters  of  the  Cowskin  River,  this  29th  day  of  December,  in  the  year 
March  22, 1833.  of  our  Lord  oue  thousand  eight  hundred  and  thirty-two,  by  aud  between  Henry  L. 
VoL  7,  p.  411.  Ellsworth  and  John  F.  Schermerhorn,  commissioners,  on  behalf  of  the  United 

States,  and  the  chiefs  and  head-men  of  the  "United  Nation  "  of  the  Senecas  and 

Shawnee  Indians,  on  behalf  of  said  tribe  or  nation. 

Preamble.  Whereas  certain  articles  of  agreement  and  convention  were  concluded 

at  Lewistown,  Ohio,  on  the  20th  day  of  July,  A.  D.  1831,  by  and  between 
the  United  States  and  the  chiefs  and  warriors  of  the  mixed  band  of  the 
Senecas  and  Shawnee  Indians,  residing  at  or  near  Lewistown,  in  the 
State  of  Ohio:  And  whereas,  by  the  2nd  article  of  said  agreement,  the 
United  States  stipulated  and  agreed,  with  said  tribe,  in  the  words  fol- 
lowing, to  wit:  "to  grant  by  patent,  in  fee-simple,  to  them,  and  their 
heirs  forever,  as  long  as  they  shall  exist  as  a  nation  and  remain  on  the 
same,  a  tract  of  laud,  to  contain  sixty  thousand  acres,  to  be  located 
under  the  direction  of  the  President  of  "the  United  States,  contiguous  to 
the  lands  granted  to  the  Senecas  of  Sandusky,  by  the  treaty  made  with 
them  at  the  city  of  Washington,  on  the  2*th  of  February  1831,  and  the 
Cherokee  settlements— the  east  line  of  said  tract  shall  be  within  two 
miles  of  the  west  line  of  the  lands  granted  to  the  Seuecas  of  Sandusky  ; 
and  the  south  line  shall  be  within  two  miles  of  the  north  line  of  the 
lands  held  by  the  Cherokees— and  said  two  miles  between  the  aforesaid 
lines,  shall  serve  as  a  common  passway  between  the  before-mentioned 
tribes,  to  prevent  them  from  intruding  upon  the  lands  of  each  other." 
And  the  treaty  aforesaid  was  ratified  and  confirmed  by  the  President 
and  Senate  of  the  United  States,  on  the  "6th  day  of  April,  A.  D.  1832. 
And  whereas,  the  said  mixed  band  of  Senecas  and  Shawuees  removed 
from  their  homes  in  Ohio  to  settle  upon  the  lands  assigned  them  west 


INDIAN    TERRITORY.  711 

of  the  Mississippi,  in  pursuance  of  the  provisions  and  stipulations  of 
the  treaty  aforesaid :  And  whereas,  the  said  Senecas  from  Sandusky, 
and  the  mixed  band  of  Senecas  and  Shawnees,  have  lately  formed  a 
confederacy,  and  have  expressed  their  anxiety  to  unite  as  one  tribe  or 
nation,  to  be  called  the  "  United  Nation  of  Senecas  and  Shawnees,"  to 
occupy  their  land  as  tenants  in  common — and  have  the  whole  of  the 
country  provided  for  them  by  the  United  States  located  on  the  east 
side  of  Ne-o-sho  or  Grand  River,  which  runs  through  and  now  divides 
the  same  :  For  the  purpose  of  affording  a  more  convenient  and  satisfac- 
tory location  to  said  United  Nation,  the  parties  aforesaid  do,  therefore, 
hereby  stipulate  and  agree  as  follows : 

ARTICLE  I.   The  united  tribe  of  Senecas  and  Shawnee  Indians  do     Cession  to  the 
hereby  cede,  relinquish  and  forever  quit-claim  to  the  United  States,  all  united  States, 
the  laud  granted  to  them  on  the  west  side  of  Ne-o-sho  or  Grand  River, 
by  treaties  made  respectively  with  the  Senecas  of  Sandusky  and  the 
mixed  band  of  Senecas  and  Shawnees  of  Lewistown,  Ohio,  on  the  20th 
day  of  July,  1831,  and  on  the  28th  day  of  February,  1831. 

ART.  II.  In  consideration  of  said  lands,  described  and  ceded  as  afore-  Grant  to  Indi- 
said,  the  United  States  will  grant,  by  letters- patent,  to  the  tribe  or  na-  ana. 
tion  of  Indians  aforesaid,  in  manner  as  hereinafter  mentioned,  the  fol- 
lowing tract  of  land  lying  on  the  east  side  of  Ne-o-sho  or  Grand  River, 
viz :  bounded  on  the  east  by  the  west  line  of  the  State  of  Missouri ; 
south  by  the  present  established  line  of  the  Cherokee  Indians  ;  west  by 
Ne-o-sho  or  Grand  River;  and  north  by  a  line  running  parallel  with 
said  south  line,  and  extending  so  far  from  the  present  north  line  of  the 
Seneca  Indians  from  Saudusky,  as  to  contain  sixty  thousand  acres,  ex- 
clusive of  the  land  now  owned  by  said  Seneca  Indians,  which  said 
boundaries  include,  however,  all  the  land  heretofore  granted  said  Sen- 
ecas of  Sandusky,  on  the  east  side  of  Grand  River.  And  the  United 
States  will  grant  said  tract  of  land,  by  two  letters-patent;  the  north 
half,  in  quantity,  to  be  granted  to  the  mixed  band  of  the  Senecas  and 
Shawnees  of  Ohio,  and  the  south  half  to  the  Senecas  from  Sandusky, 
aforesaid:  the  whole  to  be  occupied  in  common,  so  long  as  the  said 
tribes  or  bands  shall  desire  the  same.  The  said  patents  shall  be  granted 
in  fee- simple ;  but  the  lands  shall  not  be  sold  or  ceded  without  the  con- 
sent of  the  United  States. 

******* 

ART.  V.  Nothing  in  these  articles  of  agreement  shall  be  construed  to    Eights  under 
affect  the  respective  rights  of  the  Seneca  tribe  of  Indians  from  San-  existing  treaties, 
dusky,  and  the  Senecas  and  Shawnees  from  Lewistown,  Ohio,  as  secured 
by  existing  treaties,  except  so  far  as  said  treaties  are  inconsistent  with 
the  provisions  of  the  articles  aforesaid,  (a) 

******* 

(a)  See  ISTos.  1719, 1721, 1722, 1745, 1749. 

No.  1 724.— ARTICLES  of  agreement  and  convention  made  and  concluded  at  Fort  Feb.  14, 1833. 

Gibson,  on  the  Arkansas  River,  on  the  fourteenth  day  of  February,  one  thousand  Proclamation, 

eight  hundred  and  thirty-three,  by  and  between  Montfort  Stokes,  Heiiry  L.  Ells-  April  12,  1834. 

worth,  and  John  F.  Schernierhorn,  duly  appointed  commissioners  on  the  part  of  VoL  7,  p.  414. 

the  United  States,  and  the  undersigned  chiefs  and  head-men  of  the  Cherokee  nation . 

of  Indians  west  of  the  Mississippi,  they  being  duly  authorized  and  empowered  by 
their  nation. 

Whereas  articles  of  convention  were  concluded  at  the  city  of  Wash-  Preamble, 
ington,  on  the  sixth  day  of  May,  one  thousand  eight  hundred  and  twen- 
ty-eight, between  James  Barbonr,  Secretary  of  War,  being  specially  au- 
thorized therefor  by  the  President  of  the  United  States,  and  the  chiefs 
and  head  men  of  the  Cheerokeenatioa  of  Indians  west  of  the  Mississippi, 
which  articles  of  convention  were  duly  ratified;  and 

Whereas  it  was  agreed  by  the  second  article  of  said  convention  as  Preamble, 
follows  :  "That  the  United  States  agree  to  possess  the  Cheerokees,  and 
to  guarantee  it  to  them  forever,  ai  d  that  guarantee  is  solemnly  pledged, 
of  seven  millions  of  acres  of  land,  said  land  to  be  bounded  as  follows, 
viz  :  commencing  at  a  point  on  Arkansas  River,  where  the  eastern  Choc- 
taw  boundary  line  strikes  said  river,  and  running  thence  with  the  west- 
ern line  of  Arkansas  Territory  to  the  southwest  corner  of  Missouri,  and 
thence  with  the  western  boundary  line  of  Missouri  till  it  crosses  the 
waters  of  Neasho,  generally  called  Grand  River ;  thence  due  west,  to  a 
point  from  which  a  due  south  course  will  strike  the  present  northwest 
corner  of  Arkansas  Territory  ;  thence  continuing  due  south  on  and  with 
the  present  boundary  line  on  the  west  of  said  Territory,  to  the  main 


712 


INDIAN    TERRITORY. 


Preamble. 


branch  of  Arkansas  River ;  thence  down  said  river  to  its  junction  with 
the  Canadian,  and  thence  up,  and  between  said  rivers  Arkansas  and 
Canadian,  to  a  point  at  which  a  line  running  north  and  south  from 
river  to  river,  will  give  the  aforesaid  seven  millions  of  acres,  thus  pro- 
vided for  and  bounded.  The  United'  States  further  guarantee  to  the 
Cherokee  nation  a  perpetual  outlet  west,  and  a  free  and  unmolested 
use  of  all  the  country  lying  west  of  the  western  boundary  of  the  above- 
described  limits,  and  as  far  west  as  the  sovereignty  of  the  United  States 
and  their  right  of  soil  extend  ;  and 

Whereas  there  was  to  said  articles  of  convention  and  agreement  the 
following  proviso,  viz  :  Provided,  nevertheless,  That  said  convention  shall 
not  be  so  construed  as  to  extend  the  northern  boundary  of  said  perpet- 
ual outlet  west,  provided  for  and  guarantied  in  the  second  article  of 
said  convention,  north  of  the  thirty-sixth  degree  of  north  latitude,  or 
so  as  to  interfere  with  the  lands  assigned,  or  to  be  assigned,  west  of  the 
Mississippi  River,  to  the  Creek  Indians  who  have  emigrated,  or  may 
emigrate,  from  the  States  of  Georgia  and  Alabama,  under  the  provision 
of  any  treaty,  or  treaties,  heretofore  concluded,  between  the  United 
States  and  the  Creek  tribe  of  Indians :  And  provided  further,  That  nothing 
in  said  convention  shall  be  construed  to  cede,  or  assign,  to  the  Chero- 
kees  any  lands  heretofore  ceded,  or  assigned,  to  any  tribe,  or  tribes  of 
Indians,  by  any  treaty  now  existing  and  in  force  with  any  such  tribe 
or  tribes ; "  and 

Whereas  it  appears  from  the  Creek  treaty,  made  with  the  United 
States  by  the  Creek  nation,  dated  twenty -fourth  day  of  January,  eight- 
een hundred  and  twenty-six,  at  the  city  of  Washington,  that  they  had 
the  right  to  select,  and  did  select,  a  part  of  the  country  described  with- 
in the  boundaries  mentioned  above  in  said  Cherokee  articles  of  agree- 
ment ;  and 

Whereas  both  the  Cheerokee  and  Creek  nations  of  Indians  west  of 
the  Mississippi,  anxious  to  have  their  boundaries  settled  in  an  amicable 
manner,  have  met  each  other  in  council,  and,  after  full  deliberation, 
mutually  agreed  upon  the  boundary  lines  between  them  : 

Now,  therefore,  the  United  States  on  one  part,  and  the  chiefs  and 
head-inen  of  the  Cherokee  nation  of  Indians  west  of  the  Mississippi  on 
the  other  part,  agree  as  follows : 

^v,*iiwi-r  Buoi-  ARTICLE  1.  The  United  States  agree  to  possess  the  Cheerokees,  and  to 
anteed  to  Chero-  guarantee  it  to  them  forever,  and  that  guarantee  is  hereby  pledged,  of 
seven  millions  of  acres  of  land,  to  be  bounded  as  follows,  viz  :  Begin- 
ning at  a  point  on  the  old  western  Territorial  line  of  Arkansas  Territory, 
being  twenty-five  miles  north  from  the  point  where  the  Territorial  line 
crosses  Arkansas  River;  thence  running  from  said  north  point,  south, 
on  the  said  Territorial  line,  to  the  place  where  said  Territorial  line  crosses 
the  Verdigris  River ;  thence  down  said  Verdigris  River  to  the  Arkansas 
River;  thence  down  said  Arkansas  to  a  point  where  a  stone  is  placed 
opposite  the  east  or  lower  bank  of  Grand  River  at  its  junction  with  the 
Arkansas;  thence  running  south,  forty-four  degrees  west,  one  mile; 
thence  in  a  straight  line  to  a  point  four  miles  northerly  from  the  mouth  of 
the  North  Fork  of  the  Canadian ;  thence  along  the  said  four-miles  line 
to  the  Canadian ;  thence  down  the  Canadian  to  the  Arkansas ;  thence 
down  the  Arkansas  to  that  point  on  the  Arkansas  where  the  eastern 
Choctaw  boundary  strikes  said  river ;  and  running  thence  with  the  west- 
ern line  of  Arkansas  Territory  as  now  defined,  to  the  southwest  corner 
of  Missouri ;  thence  along  the  western  Missouri  line  to  the  land  assigned 
the  Senecas  ;  thence  on  the  south  line  of  the  Senecas  to  Grand  River ; 
thence  up  said  Grand  River  as  far  as  the  south  line  of  the  Osage  reser- 
vation, extended  if  necessary  ;  thence  up  and  between  said  south  Osage 
line,  extended  west  if  necessary ;  and  a  line  drawn  due  west  from  the 
point  of  beginning,  to  a  certain  distance  west,  at  which  a  line  running 
north  and  south  from  said  Osage  line  to  said  due  west  line  will  make 
seven  millions  of  acres  within  the  whole  described  boundaries.  In  ad- 
dition to  the  seven  millions  of  acres  of  land,  thus  provided  for,  and 
bounded,  the  United  States  further  guarantee  to  the  Cheerokee  nation 
a  perpetual  outlet  west  and  a  free  and  unmolested  use  of  all  the  coun- 
try lying  west  of  the  western  boundary  of  said  seven  millions  of  acres 
as  far  west  as  the  sovereignty  of  the  United  States  and  their  right  of 
soil  extend :  Provided,  however,  That  if  the  saline,  or  salt  plain,  on  the 
great  western  prairie,  shall  fall  within  said  limits  prescribed  for  said 
outlet,  the  right  is  reserved  to  the  United  States  to  permit  other  tribes 


Preamble. 


Preamble. 


Territory  guar- 


Boundaries. 


Salines. 


INDIAN    TERRITORY. 


713 


of  red  men  to  get  salt  on  said  plain  in  common  with  the  Cheerokees ;     Salines. 
and  letters- patent  shall  be  issued  by  the  United  States  as  soon  as  prac- 
ticable for  the  land  hereby  guaranteed. 

ART.  2.  The  Cheerokee  nation  hereby  relinquish  and  quit-claim  to  the     Kelinquish- 
United  States  all  the  right,  interest,  and  title  which  the  Cherokees  have  ment  of  former 
or  claim  to  have  in  and  to  all  the  land  ceded,  or  claimed  to  have  been  Ce8810n- 
ceded  to  said  Cheerokee  nation  by  said  treaty  of  sixth  of  May,  one  thou- 
sand eight  hundred  and  twenty-eight,  and  not  embraced  within  the 
limits  or  boundaries  fixed  in  this  present  supplementary  treaty  or  ar- 
ticles of  convention  and  agreement. 

*  *  *  X  W  *  * 

ART.  5.  These  articles  of  agreement  and  convention  are  to  be  consid-    Supplementary 
ered  supplementary  to  the  treaty  before  mentioned  between  the  United  to  treaty  of  May 
States  and  the  Cheerokee  nation  west  of  the  Mississippi,  dated  sixth  of  6» 1828> 
May,  one  thousand  eight  hundred  and  twenty-eight,  and  not  to  vary  the 
rights  of  the  parties  to  said  treaty,  any  further  than  said  treaty  is  in- 
consistent with  the  provisions  of  this  treaty,  now  concluded,  or  these 
articles  of  convention  and  agreement* 

ART.  6.  It  is  further  agreed  by  the  Cheerokee  nation  that  one  mile    Reservation  for 
square  shall  be  reserved  and  set  apart  from  the  lands  hereby  guaranteed  agency, 
for  the  accommodation  of  the  Cheerokee  agency ;  and  the  location  of 
the  same  shall  be  designated  by  the  Cheerokee  nation,  in  conjunction 
with  the  agent  of  the  Government  of  the  United  States. 

ART.  7.  This  treaty,  or  articles  of  convention,  after  the  same  have 
been  ratified  by  the  President  and  Senate,  shall  be  obligatory  on  the 
United  States  and  said  Cheerokee  nation,  (a) 

(a)  See  Nos.  1715, 1718, 1728, 1737, 1750. 


!¥o.  1 725. — ARTICLES  of  agreement  and  convention,  made  and  concluded  at  Fort  Feb.  14  1833. 

Gibson,  between  Montfort  Stokes,  Henry  L.  Ellsworth  and  John  F.  Schermerhorn,  Proclamation, 

commissioners  on  the  part  of  the  United  States,  and  the  undersigned  chiefs  and  head-  April  12. 1834* 

men  of  the  Muskogee  or  Creek  nation  of  Indians,  this  14th  day  of  February,  A.  D.  Vol  7  T>  417 
1833. 


Whereas,  certain  articles  of  a  treaty  were  concluded  at  the  city  of  Preamble. 
Washington,  on  the  24th  day  of  January  one  thousand  eight  hundred 
and  twenty-six,  by  and  between  James  Barbour,  Secretary  of  War,  on 
behalf  of  the  United  States,  and  the  chiefs  and  head-men  of  the  Creek 
nation  of  Indians ;  by  which  it  is  agreed  that  the  said  Indians  shall 
remove  to  a  country  Vest  of  the  Mississippi  River:  and  whereas  the 
sixth  article  of  said  treaty  provides  as  follows  : — "  That  a  deputation  of 
five  persons  shall  be  sent  by  them,  (the  Creek  nation)  at  the  expense 
of  the  United  States,  immediately  after  the  ratification  of  the  treaty, 
to  examine  the  country  west  of  the  Mississippi,  not  within  the  limits  of 
the  States  or  Territories,  and  not  possessed  by  the  Choctaws  or  Chero- 
kees. And  the  United  States  agree  to  purchase  for  them,  if  the  same 
can  conveniently  be  done  upon  reasonable  terms,  wherever  they  may 
select,  a  country,  whose  extent  shall  in  the  opinion  of  the  President,  be 
proportioned  to  their  numbers.  And  if  such  purchase  cannot  be  thus 
made,  it  is  then  agreed  that  the  selection  shall  be  made  where  the  Pres- 
ident may  think  proper,  just  reference  being  had  to  the  wishes  of  the 
emigrating  party."  And  whereas,  the  Creek  Indians  aforesaid,  did  send 
five  persons  as  delegates,  to  explore  the  country  pointed  out  to  them  by 
their  treaty  ;  which  delegates  selected  a  country  west  of  the  Territory 
of  Arkansas,  lying  and  being  along  and  between  the  Verdigris,  Arkan- 
sas, and  Canadian  rivers  :  and,  to  the  country  thus  selected,  a  party  of 
the  Creek  Indians  emigrated  the  following  year.  And  whereas  certain 
articles  of  treaty  or  convention,  were  concluded  at  the  city  of  Wash- 
ington on  the  6th  day  of  May,  A.  D.  one  thousand  eight  hundred  and 
twenty-eight,  by  and  between  James  Barbour  Secretary  of  War,  on 
behalf  of  the  United  States,  and  certain  chiefs  and  head-men  of  the 
Cherokee  nation  of  Indians;  by  the  second  article  of  which  conven- 
tion, a  country  was  assigned  to  the  Cherokee  Indians  aforesaid,  includ- 
ing within  its  boundaries  some  of  the  lands  previously  selected  and 
claimed  by  the  Creek  Indians,  under  their  treaty  aforesaid.  And 
whereas,  the  President  and  Senate  of  the  United  States,  for  the  purpose 
of  protecting  the  rights  secured  to  the  Creek  Indians,  by  their  treaty 
stipulations,  and  with  a  view  to  prevent  collision  and  misunderstanding 
between  the  two  nations,  ratified  and  confirmed  the  Cherokee  treaty, 
on  the  28th  day  of  May,  1826,  with  the  following  proviso :  viz.—"  Pro- 


714  INDIAN    TERRITORY. 

vided,  nevertheless,  That  the  said  convention  shall  not  be  so  construed  as 
to  extend  the  northern  boundary  of  the  perpetual  outlet  west,  provided 
for  and  guaranteed  in  the  second  article  of  said  convention,  north  of 
the  36th  deg.  of  north  latitude,  or  so  as  to  interfere  with  the  lands 
assigned,  or  to  be  assigned,  west  of  the  Mississippi  River  to  the  Creek 
Indians,  who  have  emigrated  or  may  emigrate  from  the  States  of  Georgia 
and  Alabama,  under  the  provisions  of  any  treaty  or  treaties  heretofore 
concluded  between  the  United  States  and  the  Creek  tribe  of  Indians  : 
And  provided  further,  that  nothing  in  the  said  convention  shall  be 
construed  to  cede  or  assign  to  the  Cherokees  any  lands  heretofore  ceded 
or  assigned  to  any  tribe  or  tribes  of  Indians,  by  any  treaty  now  existing 
and  in  force,  with  any  such  tribe  or  tribes."  And  whereas  the  said 

Sroviso  and  ratification  of  the  Cherokee  treaty,  was  accepted  by  the 
elegates  of  the  nation,  then  at  the  city  of  Washington  as  satisfactory 
acuities SUD-  ^Q  tnern  as  js  8aown  in  and  by  their  certain  instrument  in  writing,  bear- 
eequentt  ier  ing  jate  the  31st  day  of  May  1*28,  appended  to  and  published  with 
their  treaty  aforesaid.  But,  afterwards,  the  Gherokees  of  Arkansas  and 
many  of  those  residing  east  of  the  Mississippi  at  the  time  that  treaty 
was  concluded,  removed  to  the  country  described  in  the  second  article 
of  their  treaty  and  settled  upon  a  certain  portion  of  the  land  claimed 
by  the  Creek  Indians  under  their  treaty  provisions  and  stipulations. 
And  whereas  difficulties  and  dissensions  thus  arose  between  the  Chero- 
kees and  Creek  tribes  about  their  boundary  lines,  which  occasioned  an 
appeal  to  the  President  of  the  United  States  for  his  interposition,  and 
final  settlement  of  the  question,  which  they  were  unable  to  settle 
between  themselves.  And  whereas  the  commissioners  of  the  United 
States,  whose  names  are  signed  hereto,  in  pursuance  of  the  power  and 
authority  vested  in  them  by  the  President  of  the  United  States,  met 
the  chiefs  and  head-men  of  the  Cherokee  and  Creek  nations  of  Indians, 
in  council,  on  the  29th  ultimo ;  and  after  a  full  and  patient  hearing  and 
careful  examination  of  all  the  claims,  set  up  and  brought  forward  by 
both  the  contending  parties,  they  have  this  day  effected  an  adjustment 
of  all  their  difficulties,  and  have  succeeded  in  defining  and  establishing 
boundary  lines  to  their  country  west  of  the  Mississippi,  which  have 
been  acknowledged,  in  open  council,  this  day,  to  be  mutually  satisfac- 
tory to  both  nations. 

Objects.  Now,  therefore,  for  the  purpose  of  securing  the  great  objects  contem- 

plated by  an  amicable  settlement  of  the  difficulties  heretofore  existing 
between  the  Cherokee  and  Muskogee  or  Creek  Indians,  so  injurious  to 
both  parties  ;  and  in  order  to  establish  boundary  lines  which  will  secure 
a  country  and  permanent  home  to  the  whole  Creek  nation  of  Indians, 
including  theSeminole  nation  who  are  anxious  to  join  them,  the  under- 
signed commissioners,  duly  authorized  to  act  on  behalf  of  the  United 
States,  and  the  chiefs  and  head-men  of  the  said  Muskogee  or  Creek 
Indians,  having  full  power  and  authority  to  act  for  their  people  west  of 

the  Mississippi,  hereby  agree  to  the  following  articles : 

******* 

Bounds  of  the  ART.  II.  The  United  States  hereby  agree,  by  and  with  the  consent 
grants  to  th  e  of  the  Creek  and  Cherokee  delegates,  this  day  obtained,  that  the  Musko- 
gee or  Creek  country  west  of  the  Mississippi,  shall  be  embraced  within 
the  following  boundaries,  viz:— Beginning  at  the  mouth  of  the  north 
fork  of  the  Canadian  River,  and  run  northerly  four  miles — thence  run- 
ning a  straight  line  so  as  to  meet  a  line  drawn  from  the  south  bank  of 
the  Arkansas  River  opposite  to  the  east  or  lower  bank  of  Grand  River, 
at  its  junction  with  the  Arkansas,  and  which  runs  a  course  south  44 
deg.  west,  one  mile,  to  a  post  placed  in  the  ground — thence  along  said 
line  to  the  Arkansas,  and  up  the  same  and  the  Verdigris  River,  to  where 
the  old  Territorial  line  crosses  it — thence  along  said  line  north  to  a  point 
twenty-five  miles  from  the  Arkansas  River  where  the  old  Territorial  line 
crosses  the  same — thence  running  a  line  at  right  angles  with  the  Terri- 
torial line  aforesaid,  or  west,  to  the  Mexico  line — thence  along  the  said 
line  southerly  to  the  Canadian  River  or  to  the  boundary  of  the  Choctaw 
country — thence  down  said  river  to  the  place  of  beginning.  The  lines, 
hereby  defining  the  country  of  the  Muskogee  Indians  on  the  north  and 
east  bound  the  country  of  the  Cherokees  along  these  courses,  as  settled 
by  the  treaty  concluded  this  day  between  the  United  States  and  that 
tribe. 

TJnited   States     ART.  III.  The  United  States  will  grant  a  patent,  in  fee-simple,  to  the 

jin convey m  fee  Creek  nation  of  Indians  for  the  lar.d  assigned  said  nation  by  this  treaty 

or  convention,  whenever  the  same  shall  have  been  ratified  by  the  Presi- 


INDIAN   TERRITORY. 


715 


dent  and  Senate  of  the  United  States— and  the  right  thus  guaranteed 
by  the  United  States  shall  be  continued  to  said  tribe  of  Indians,  so  long 
as  they  shall  exist  as  a  nation,  and  continue  to  occupy  the  country 
hereby  assigned  them. 

ART.  IV.  It  is  hereby  mutually  understood  and  agreed  between  the     The   whole 
parties  to  this  treaty,  that  the  land  assigned  to  the  Musk  ogee  Indians,  Creek  nation  and 
by  the  second  article  thereof,  shall  be  taken  and  considered  the  property  Crested"" 
of  the  whole  Muskogee  or  Creek  nation,  as  well  of  those  now  residing 
upon  the  land,  as  the  great  body  of  said  nation  who  still  remain  on  the 
east  side  of  the  Mississippi :  and  it  is  also  understood  and  agreed  that 
the  Seminole  Indians  of  Florida,  whose  removal  to  this  country  is  pro- 
vided for  by  their  treaty  with  the  U.  S.  dated  May  9th,  1832,  shall  also 
have  a  permanent  and  comfortable  home  on  the  lands  hereby  set  apart 
as  the  country  of  the  Creek  nation  :  and  they  (the  Seminoles)  will  here- 
after be  considered  a  constituent  part  of  said  nation,  but  are  to  be  lo- 
cated on  some  part  of  the  Creek  country  by  themselves — which  loca- 
tion will  be  selected  for  them  by  the  commissioners  who  have  signed 
these  articles  of  agreement  or  convention. 

»  *  *  *  *  *  *  # 

ART.  VIII.  It  is  agreed  by  the  parties  to  this  convention,  that  the     The  land  grant- 
country  hereby  provided  for  the  Creek  Indians,  shall  be  taken  in  lieu  ed  in  lieu  of  for- 
of  and  considered  to  be  the  country  provided  or  intended  to  be  pro-  mer  grant, 
vided,  by  the  treaty  made  between  the  United  States  and  the  Creek 
nation  on  the  24th  day  of  January,  1826,  under  which  they  removed  to 
this  country,  (a) 

###**** 

(a)  See  Nos.  1720, 1731, 1738, 1750, 1752. 


No.  1726.—  ARTICLES  of  agreement  or  a  treaty  between  the  United  States  and     May  13,  1833. 

the  Quapaw  Indians    entered  into   by  John  F.   Schermerhorn,  commissioner  of     Proclamation, 

Indian  affairs  west  on  the  part  of  the  United  States  and  the  chiefs  and  warriors  of     April  12,  1834. 

the  Quapaw  Indians.  Vol.  7,  p.  424. 

Whereas,  by  the  treaty  between  the  United  States  and  the  Quapaw  p  hl 
Indians,  concluded  November  15th,  1824,  they  ceded  to  the  United  States 
all  their  lands  in  the  Territory  of  Arkansas,  and  according  to  which  they 
were  "  to  be  concentrated  and  confined  to  a  district  of  country  inhabited  by 
the  Caddo  Indians  and  form  a  part  of  ',  said  tribe,"  and  whereas  they  did 
remove  according  to  the  stipulations  of  said  treaty,  and  settled  on  the 
Bayou  Treache  on  the  south  side  of  Red  River,  on  a  tract  of  land  given 
them  by  the  Caddo  Indians,  but  which  was  found  subject  to  frequent 
inundations  on  account  of  the  raft  on  Red  River,  and  where  their  crops 
were  destroyed  by  the  water  year  after  year,  and  which  also  proved  to 
be  a  very  sickly  country  and  where  in  a  short  time,  nearly  one-fourth 
of  their  people  died,  and  whereas  they  could  obtain  no  other  situation 
from  the  Caddoes  and  they  refused  to  incorporate  them  and  receive 
them  as  a  constituent  part  of  their  tribe  as  contemplated  by  their  treaty 
with  the  United  States,  and  as  they  saw  no  alternative  but  to  perish  if 
they  continued  there,  or  to  return  to  their  old  residence  on  the  Arkan- 
sas, they  therefore  chose  the  latter;  and  whereas  they  now  find  them- 
selves very  unhappily  situated  in  consequence  of  having  their  little 
improvements  taken  from  them  by  the  settlers  of  the  country  ;  and 
being  anxious  to  secure  a  permanent  and  peaceable  home  the  follow- 
ing articles  or  treaty  are  agreed  upon  between  the  United  States  and 
the  Quapaw  Indians  by  John  F.  Schermerhorn  ---  commis- 
sioners of  Indian  affairs  west  and  the  chiefs  and  warriors  of  said  Quapaw 
Indians  this  (13th)  thirteenth  day  of  May,  1833.— 

ARTICLE  I.  The  Quapaw  Indians  hereby  relinquish  and  convey  to  the 
United  States  all  their  right  and  title  to  the  lands  given  them  by  the 
Caddo  Indians  on  the  Bayou  Treache  of  Red  River.— 

ART.  II.  The  United  States  hereby  agree  to  convey  to  the  Quapaw     other    lands 
Indians  one  hundred  and  fifty  sections  of  land  west  of  the  State  line  of  granted  by  Uni- 
Missouri  and  between  the  lands  of  the  Senecas  and  Shawnees,  not  here-  ted  States. 
tofore  assigned  to  any  other  tribe  of  Indians,  the  same  to  be  selected 
and  assigned  by  the  commissioners  of  Indian  affairs  west,  and  which  is 
expressly  designed  to  be  [in]  lieu  of  their  location  on  Red  River  and 
to  carry  into  effect  the  treaty  of  1824,  in  order  to  provide  a  permanent 
home  for  their  nation  ;  the  United  States  agree  to  convey  the  same  by 
patent,  to  them  and  their  descendants  as  long  as  they  shall  exist  as  a 


Landsfonnerly 
'T*?  .reUn.' 


716  INDIAN    TERRITORY. 

nation  or  continue  to  reside  thereon,  and  they  also  agree  to  protect 
them  in  their  new  residence,  against  all  interruption  or  disturbance 
from  any  other  tribe  or  nation  of  Indians  or  from  any  other  person  or 
persons  whatever,  (a) 

(a)  See  Xos.  1745. 

June  30,1834.     No.  1727.— AN  ACT  to  regulate  trade  and  intercourse  with  the  Indian  tribes,  and 

YoL  4,  p.  729.  to  preserve  peace  on  the  frontiers. 

— TterrT  Se  **  en<icte^)  $c"<  That  all  that  part  of  the  United  States  west  of  the 
tor^r  of° United  Mississippi,  and  not  within  the  States  of  Missouri  and  Louisiana,  or  the 
States  to  be  Territory  of  Arkansas,  and,  also,  that  part  of  the  United  States  east  of 
deemed  In di an  ^he  Mississippi  River,  and  not  within  any  State  to  which  the  Indian 
country.  ^^  has  not  been  extinguished,  for  the  purposes  of  this  act,  be  taken 

and  deemed  to  be  the  Indian  country. 

#**•**#* 

Settlers  may  be      SEC.  11.  And  be  it  further  enacted,  That  if  any  person  shall  make  a 

driven  off  by  mil-  settlement  on  any  lands  belonging,  secured,  or  granted  by  treaty  with 

itary  force.          ^e  United  States  to  any  Indian  tribe,  or  shall  survey  or  shall  attempt 

to  survey  such  lands,  or  designate  any  of  the  boundaries  by  marking 

trees,  or  'otherwise,  such  offender  shall  forfeit  and  pay  the  sum  of  one 

thousand  dollars.    And  it  shall,  moreover,  be  lawful  for  the  President 

of  the  United  States  to  take  such  measures,  and  to  employ  such  military 

force,  as  he  may  judge  necessary  to  remove  from  the  lands  as  aforesaid 

any  such  person  as  aforesaid. 

Purchas  e  s  or     SEC.  12.  And  be  it  further  enacted,  That  no  purchase,  grant,  lease,  or  other 
si-ants  from  In-  conveyance  of  lands,  or  of  any  title  or  claim  thereto,  from  any  Indian 
dians  invalid.       nation  or  tribe  of  Indians,  shall  be  of  any  validity  in  law  or  equity,  unless 
the  same  be  made  by  treaty  or  convention  entered  into  pursuant  to  the 
Constitution.    And  if  any'person,  not  employed  under  the  authority  of 
the  United  States,  shall  attempt  to  negotiate  such  treaty  or  convention, 
directly  or  indirectly,  to  treat  with  any  such  nation  or  tribe  of  Indians, 
for  the  title  or  purchase  of  any  lauds  by  them  held  or  claimed,  such 
Proviso.  person  shall  forfeit  and  pay  one  thousand  dollars :  Provided,  nevertheless, 

That  it  shall  be  lawful  for  the  agent  or  agents  of  any  State  who  may 
be  present  at  any  treaty  held  with  Indians  under  the  authority  of  the 
United  States,  in  the  presence  and  with  the  approbation  of  the  com- 
missioner or  commissioners  of  the  United  States  appointed  to  hold  the 
same,  to  propose  to,  and  adjust  with  the  Indians,  the  compensation  to 
be  made  for  their  claim  to  lands  within  such  State,  which  shall  be  ex- 
tinguished by  treaty. 

*  #    '  *  *  *  *  * 

Indian  country  SEC.  24.  And  be  it  further  enacted,  That  for  the  sole  purpose  of  carrying 
purposes  totEa  tbis  ^  into  effect>  a11  that  Part  of  the  Indian  country  west  of  the  Mis- 
district  of  Mis-  sissippi  River,  that  is  bounded  north  by  the  north  line  of  lands  assigned 
souri,  &c.  to  the  Osage  tribe  of  Indians,  produced  east  to  the  State  of  Missouri : 

west,  by  the  Mexican  possessions ;  south,  by  Red  River ;  and  east,  by  the 
west  line  of  the  Territory  of  Arkansas  and  the  State  of  Missouri,  shall 
be,  and  hereby  is,  annexed  to  the  Territory  of  Arkansas ;  and  that  for 
the  purpose  aforesaid,  the  residue  of  the  Indian  country  west  of  the 
said  Mississippi  River  shall  be,  and  hereby  is,  annexed  to  the  judicial 
district  of  Missouri ;  and  for  the  purpose  aforesaid,  the  several  portions 
of  Indian  country  east  of  the  said  Mississippi  River,  shall  be,  and  are 
hereby,  severally  annexed  to  the  Territory  in  which  they  are  situate. 


Dec.  29,  1835.  No.  1 728.— ARTICLES  of  a  treaty  concluded  at  New  Echota  in  the  State  of 

Proclamation,  Georgia  on  the  29th  day  of  Deer.  1835,  by  General  William  Carroll  and  John  F. 

May  23, 1836.  SchermerhorD,  commissioners  on  the  part  of  the  United  States,  and  the  chiefs,  head- 

VoL  7,  p.  478.  men,  and  people  of  the  Cherokee  tribe  of  Indians. 


Former  treaties.  ART.  2.  Whereas,  by  the  treaty  of  May  6th,  1828,  and  the  supple- 
mentary treaty  thereto  of  Feb.  14th,  1833,  with  the  Cherokees  west 
of  the  Mississippi,  the  United  States  guarantied  and  secured  to  be 
conveyed  by  patent,  to  the  Cherokee  nation  of  Indians,  the  following 
tract  of  country  :  "Beginning  at  a  point  on  the  old  western  Territorial 
line  of  Arkansas  Territory,  being  twenty-five  miles  north  from  the  point 
where  the  Territorial  line  crosses  Arkansas  River;  thence  running  from 
said  north  point  south  on  the  said  Territorial  line  where  the  said  Territo- 
rial line  crosses  Verdigris  River ;  thence  down  said  Verdigris  River 


INDIAN    TERRITORY.  717 

to  the  Arkansas  River;  thence  down  said  Arkansas  to  a  point  where  a 
stone  is  placed  opposite  the  east  or  lower  bank  of  Grand  River  at  its 
junction  with  the  Arkansas  ;  thence  running  south  forty- four  degrees 
west  one  mile  ;  thence  in  a  straight  line  to  a  point  four  miles  northerly, 
from  the  mouth  of  the  north  fork  of  the  Canadian  ;  thence  along  the 
said  four-mile  line  to  the  Canadian  ;  thence  down  the  Canadian  to  the 
Arkansas ;  thence  down  the  Arkansas  to  that  point  on  the  Arkansas 
where  the  eastern  Choctaw  boundary  strikes  said  river,  and  running 
thence  with  the  western  line  of  Arkansas  Territory,  as  now  defined,  to 
.the  southwest  corner  of  Missouri ;  thence  along  the  western  Missouri 
line  to  the  land  assigned  the  Senecas  ;  thence  on  the  south  line  of  the 
Senecas  to  Grand  River  ;  thence  up  said  Grand  River  as  far  as  the  south 
line  of  the  Osage  reservation,  extended  if  necessary ;  thence  up  and 
between  said  south  Usage  line,  extended  west  if  necessary,  and  a  line 
drawn  due  west  from  the  point  of  beginning  to  a  certain  distance  west, 
at  which  a  line  running  north  and  south  from  said  Osage  line  to  said 
due  west  line  will  make  seven  millions  of  acres  within  the  whole  de- 
scribed boundaries.  In  addition  to  the  seven  millions  of  acres  of  land 
thus  provided  for  and  bounded,  the  United  States  further  guaranty  to 
the  Cherokee  nation  a  perpetual  outlet  west,  and  a  free  and  unmolested 
use  of  all  the  country  west  of  the  western  boundary  of  said  seven  mill- 
ions of  acres,  as  far  west  as  the  sovereignty  of  the  United  States  and 
their  right  of  soil  extend :  Provided,  however,  That  if  the  saline  or  salt  pr0viso  as  to 
plain  on  the  western  prairie  shall  fall  within  said  limits  prescribed  for  salines, 
said  outlet,  the  right  is  reserved  to  the  United  States  to  permit  other 
tribes  of  red  men  to  get  salt  on  said  plain  in  common  with  the  Chero- 
kees ;  and  letters-patent  shall  be  issued  by  the  United  States  as  soon  as 

Eracticable  for  the  land  hereby  guarantied  ;"  and  whereas  it  is  appre-     Former  cession 
ended  by  the  C hero kees  that  in  the  above  cession  there  is  not  con- insufficient, 
tained  a  sufficient  quantity  of  land  for  the  accommodation  of  the  whole 
nation  on  their  removal  west  of  the  Mississippi,  the  United  States,  in     United  States 
consideration  of  the  sum  of  five  hundred  thousand  dollars  therefore,  to  convey  addi- 
hereby  covenant  and  agree  to  convey  to  the  said  Indians  and  their  de-  tional  lands  sold 
scendants,  by  patent  in  fee-simple,  the  following  additional  tract  of to 
land,  situated  between  the  west  line  of  the  State  of  Missouri  and  the 
Osage  reservation,  beginning  at  the  southeast  coiner  of  the  same  and    Boundaries  of 
runs  north  along  the  east  line  of  the  Osage  lands  fifty  miles  to  the  purchase, 
northeast  corner  thereof ;  and  thence  east  to  the  west  line  of  the  State 
of  Missouri ;  thence  with  said  line  south  fifty  miles ;  thence  west  to 
the  place  of  beginning ;  estimated  to  contain  eight  hundred  thousand 
acres  of  land ;  but  it  is  expressly  understood  that  if  any  of  the  lands    Lands  of  Qua- 
assigned  the  Quapaws  shall  fall  within  the  aforesaid  bounds  the  same  Paws  reserved, 
shall  be  reserved  and  excepted  out  of  the  lands  above  granted,  and  a 
pro  rata  reduction  shall  be  made  in  the  price  to  be  allowed  to  the  United 
States  for  the  same  by  the  Cherokees. 

ART.  3.  The  United  States  also  agree  that  the  lands  above,  ceded  by    Lands  ceded 
the  treaty  of  Feb.  14,  1833,  including  the  outlet,  and  those  ceded  by  this  and  sold   to  be 
treaty,  shall  all  be  included  in  one  patent  executed  to  the  Cherokee  na-  conveyed  by  pat- 
tion  of  Indians  by  the  President  of  the  United  States  according  to  the  ent- 
provisions  of  the  act  of  May  28,  1830.    It  is,  however,  agreed  that  the     Fort  Gibson 
military  reservation  at  Fort  Gibson  shall  be  held  by  the  United  States,  reservation. 
But  should  the  United  States  abandon  said  post  and  have  no  further 
use  for  the  same  it  shall  revect  to  the  Cherokee  nation.    The  United    nights  reserv- 
States  shall  always  have  the  right  to  make  and  establish  such  post  and  ed  to  United 
military  forts  in  any  part  of  the  Cherokee  country  as  they  may  deem  States. 
proper  for  the  interest  and  protection  of  the  same,  and  the  free  use  of 
as  much  land,  timber,  fuel,  and  materials  of  all  kinds  for  the  construc- 
tion and  support  of  the  same,  as  may  be  necessary ;  provided  that  if  the 
private  rights  of  individuals  are  interfered  with,  a  just  compensation 
therefor  shall  be  made. 

***##*# 

ART.  5.  The  United  States  hereby  covenant  and  agree  that  the  lands    Lands  not  to  be 
ceded  to  the  Cherokee  nation  in  the  foregoing  article  shall  in  no  future  embraced  in  any 
time,  without  their  consent,  be  included  within  the  territorial  limits  or  State  or  Territo- 
jurisdiction  of  any  State  or  Territory.    But  they  shall  secure  to  the  £»t   of   ClS£ 
Cherokee  nation  the  right  by  their  national  councils  to  make  and  carry  kees. 
into  effect  all  such  laws  as  they  may  deem  necessary  for  the  government    Cherokee  coun- 
and  protection  of  the  persons  and  property  within  their  own  country  cil  to  make  Iaw8» 
belonging  to  their  people  or  such  persons  as  have  connected  themselves    proviso 
with  them :  Provided  always,  That  they  shall  not  be  inconsistent  with 


718  INDIAN    TERRITORY. 

the  Constitution  of  the  United  States  and  such  acts  of  Congress  as  have 
been  or  may  be  passed  regulating  trade  and  intercourse  with  the  In- 
dians; and  also,  that  they  shall  not  be  considered  as  extending  to  such 
citizens  and  army  of  the  United  States  as  may  travel  or  reside  in  the 
Indian  country  by  permission  according  to  the  laws  and  regulations 
established  by  the  Government  of  the  same,  (a) 

******* 
(a)  See  Nos.  1715, 1718, 1724, 1737, 1750. 


Jan  17  1837      No.  1729.— ARTICLES  of  convention  and  agreement  made  on  the  seventeenth  day 

Proclamation        of  January,   1837,  between  the   undersigned  chiefs  and  commissioners  dnly  ap- 

March24  1837.     pointed  and  empowered  by  the  Choctaw  tribe  of  red  people,  and  John  McLish, 

Vol  7  D  *605         Pitman  Colbert,  James  Brown,  and  James  Perry,  delegates  of  the  Chickasaw  tribe 

'    '  F'  of  Indians,  duly  authorized  by  the  chiefs  and  head-men  of  said  people,  for-  that  pur- 

pose,  subject  to  the  approval  of  the  President  and  Senate  of  the  United  States. 

The    Chicka-     ARTICLE  1.  It  is  agreed  by  the  Choctaws,  that  the  Chickasaws  shall 
saws  to  form  a  have  the  privilege  of  forming  a  district  within  the  limits  of  their 
6  country»  to  be  neltl  on  tne  same  terms  that  the  Choctaws  now  hold  it, 
except  the  right  of  disposing  of  it, — which  is  held  in  common  with  the 
Choctaws  and  Chickasaws, — to  be  called  the  Chickasaw  district  of  the 
Choctaw  nation ;  to  have  an  equal  representation  in  their  general  coun- 
cil and  to  be  placed  on  an  equal  footing  in  every  other  respect  with  any 
of  the  other  districts  of  said  nation,  except  a  voice  in  the  management 
of  the  consideration  which  is  given  for  these  rights  and  privileges  ;  and 
Their  privi- the  Chickasaw  people  to  be  entitled  to  all  the  rights  and  privileges  of 
leges.  Choctaws,  with  the  exception  of  participating  in  the  Choctaw  annui- 

ties and  the  consideration  to  be  paid  for  these  rights  and  privileges 
and  to  be  subject  to  the  same  laws  to  which  the  Choctaws  are,  but  the 
Chickasaws  reserve  to  themselves  the  sole  right  and  privilege  of  con- 
trolling and  managing  the  residue  of  their  funds  as  far  as  is  consistent 
with  the  late  treaty  between  the  said  people  and  the  Government  of 
the  United  States,  and  of  making  such  regulations  and  electing  such 
officers  for  that  purpose  as  they  may  think  proper. 

Boundaries  of  ART.  2.  The  Chickasaw  district  shall  be  bounded  as  follows,  viz:  be- 
the  district.  ginning  on  the  north  bank  of  Red  River,  at  the  mouth  of  Island  Bayou, 
about  eight  or  ten  miles  below  the  mouth  of  False  Wachitta ;  thence 
running  north  along  the  main  channel  of  said  bayou  to  its  source; 
thence  along  the  dividing  ridge  between  the  Wachitta  and  Low  Blue 
rivers  to  the  road  leading  from  Fort  Gibson  to  Fort  Wachitta ;  thence 
along  said  road  to  the  line  dividing  Musha-la-tubbee  and  Push-meta- 
haw  districts;  thence  eastwardly  along  said  district  line  to  the  source 
of  Brushy  Creek ;  thence  down  said  creek  to  where  it  flows  into  the 
Canadian  River,  ten  or  twelve  miles  above  the  mouth  of  the  south 
fork  of  the  Canadian;  thence  west  along  the  main  Canadian  River  to 
its  source,  if  in  the  limits  of  the  United  States,  or  to  those  limits ;  and 
thence  due  south  to  Red  River  and  down  Red  River  to  the  beginn- 
ing, (a) 

***###  « 


(a)  See  Nos.  1716, 1717, 1730, 1733. 


March  3,  1839.  UTo.  17290.— AN  ACT  making  appropriations  for  the  current  and  contingent  ex- 
Vol.  5,  p.  323.  penses  of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  the 
various  Indian  tribes,  for  the  year  one  thousand  eight  hundred  and  thirty-nine. 


SEC.  2.  And  belt  further  enacted,  That  the  second  section  of  an  act 
iu>  passed  the  twenty-eighth  day  of  May,  eighteen  hundred  and  thirty, 
entitled  "An  act  to  provide  for  an  exchange  of  lands  with  the  Indian 
tribes  residing  within  any  of  the  States  or  Territories,  and  for  their  re- 
moval west  of  the  river  Mississippi,"  be,  and  the  same  is  hereby,  re- 
pealed, (a) 

(a)  See  Nos.  1718a. 


INDIAN    TERRITORY. 


719 


IVo.  1730.— ARTICLES  of  agreement  and  convention  between  the  United  States  June  22, 1855. 

and  the  Choctaw  and  Chickasaw  tribes  of  Indians,  made  and  concluded  at  the  city  Proclamation, 

of  Washington,  the  twenty-second  day  of  June,  A.  D.  one  thousand  eight  hundred  March  4, 1856. 

and  fifty-five,  by  George  W.  Manypeniiy,  commissioner  on  the  part  of  the  United  Vol.  11,  p.  611. 

States,  'Peter  P.  Pitchlynn,  Israel  Folsom,  Samuel  Garland,  and  Dixon  W.  Lewis, 

commissioners  on  the  part  of  the  Choctaws ;  and  Edmund  Pickens  and  Sampson 
Folsorn,  commissioners  on  the  part  of  the  Chickasaws: 

Whereas  the   political  connexion   heretofore  existing   between  the     Preamble. 
Choctaw  and  the  Chickasaw  tribes  of  Indians  has  given  rise  to  unhappy 
and  injurious  dissensions  and  controversies  among  them,  which  render 
necessary  a  readjustment  of  their  relations  to  each  other  and  to  the 
Uuited  States ;  and 

Whereas  the  United  States  desire  that  the  Choctaw  Indians  shall  re-  Preamble, 
linquish  all  claim  to  any  territory  west  of  the  one  hundredth  degree  of 
west  longitude,  and  also  to  make  provision  for  the  permanent  settle- 
ment within  the  Choctaw  country  of  the  Wichita  and  certain  other 
tribes  or  bands  of  Indians,  for  which  purpose  the  Choctaws  and  Chick- 
asaws are  willing  to  lease,  on  reasonable  terms,  to  the  United  States, 
that  portion  of  their  common  territory  which  is  west  of  the  ninety- 
eighth  degree  of  west  longitude;  and 

Whereas  the  Choctaws  contend  that,  by  a  just  and  fair  construction  Preamble, 
of  the  treaty  of  September  27,  1830,  they  are,  of  right,  entitled  to  the 
net  proceeds  of  the  lands  ceded  by  them  to  the  United  States,  under 
said  treaty,  and  have  proposed  that  the  question  of  their  right  to  the 
same,  together  with  the  whole  subject-matter  of  their  unsettled  claims, 
whether  national  or  individual,  against  the  United  States,  arising  under 
the  various  provisions  of  said  treaty,  shall  be  referred  to  the  Senate  of 
the  United  States  for  final  adjudication  and  adjustment;  and  whereas 
it  is  necessary  for  the  simplification  and  better  understanding  of  the 
relations  between  the  United  States  and  the  Choctaw  Indians,  that  all 
their  subsisting  treaty  stipulations  be  embodied  in  one  comprehensive 
instrument : 

Now,  therefore,  the  United  States  of  America,  by  their  commissioner, 
George  W.  Manypenny,  the  Choctaws,  by  their  commissioners,  Peter  P. 
Pitchlynn,  Israel  Folsom,  Samuel  Garland,  and  Dickson  W.  Lewis,  and 
the  Chickasaws,  by  their  commissioners,  Edmund  Pickens  and  Sampson 
Folsom,  do  hereby  agree  and  stipulate  as  follows,  viz : 

ARTICLE  1.  The  following  shall  constitute  and  remain  the  boundaries     Future  bound- 
of  the  Choctaw  and  Chickasaw  country,  viz  :  Beginning  at  a  point  on  aries  of  the  Choc- 
the  Arkansas  River,  one  hundred  paces  east  of  old  Fort  Smith,  where  tew  and  Chicka- 
the  western  boundary  line  of  the  State  of  Arkansas  crosses  the  said  sa 
river,  and  running  thence  due  south  to  Red  River ;  thence  up  Red  River 
to  the  point  where  the  meridian  of  one  hundred  degrees  west  longitude 
crosses  the  same ;  thence  north  along  said  meridian  to  the  main  Cana- 
dian River  ;  thence  down  said  river  to  its  junction  with  the  Arkansas 
River ;  thence  down  said  river  to  the  place  of  beginning. 

And  pursuant  to  an  act  of  Congress  approved  May  28, 1830,  the  United  tnjshelim|?d8   in. 
States  do  hereby  forever  secure  and  guarantee  the   lands  embraced  anteedtx^them. 
within  the  said  limits,  to  the  members  of  the  Choctaw  and  Chickasaw 
tribes,  their  heirs  and  successors,  to  be  held  in  common ;  so  that  each 
and  every  member  of  either  tribe  shall  have  an  equal,  undivided  inter- 
est in  the  whole :  Provided,  hoivever,  No  part  thereof  shall  ever  be  sold     Proviso  as  to 
without  the  consent  of  both  tribes ;  and  that  said  land  shall  revert  to  the  reversion  in 
the  United  States  if  said  Indians  and  their  heirs  become  extinct,  or  said  lands, 
abandon  the  same. 

ART.  2.  A  district  for  the  Chickasaws  is  hereby  established,  bounded     District  estab- 
as  follows,  to  wit :  beginning  on  the  north  bank  of  Red  River,  at  the  lished  for  the 
mouth  of  Island  Bayou,  where  it  empties  into  Red  River,  about  twenty-  Chickasaws. 
six  miles  on  a  straight  line,  below  the  mouth  of  False  Wachitta ;  thence 
running  a  northwesterly  course  along  the  main  channel  of  said  bayou, 
to  the  junction  of  the  three  prongs  of  said  bayou,  nearest  the  dividing 
ridge  between  Wachitta  and  Low  Blue  rivers,  as  laid  down  on  Capt. 
R.  L.  Hunter's  map ;  thence  northerly  along  the  eastern  prong  of  Island 
Bayou  to  its  source ;  thence  due  north  to  the  Canadian  River ;  thence 
west  along  the  main  Canadian  to  the  ninety -eighth  degree  of  west  longi- 
tude ;  thence  south  to  Red  River ;  and  thence  down  Red  River  to  the 
beginning :  Provided,  however,  If  the  line  running  due  north,  from  the 
eastern  source  of  Island  Bayou,  to  the  main  Canadian,  shall  not  include 
Allen's  or  Wa-pa-nacka  Academy,  within  the  Chickasaw  district,  then, 
an  offset  shall  be  made  from  said  line,  so  as  to  leave  said  academy  two 


720  INDIAN    TERRITORY. 

miles  within  the  Chickasaw  district,  north,  west  and  south  from  the 
lines  of  boundary. 

Choctaw  d  i  a  -     &RT-  3  1 he  remainder  of  the  country  held  in  common  by  the  Choc- 
trict.  taws  and  Chickasaws,  shall  constitute  the  Choctaw  district,  and  their 

officers  and  people  shall  at  all  times  have  the  right  of  safe  conduct  and 
free  passage  through  the  Chickasaw  district. 

*  *  *  *  *  #  * 

Cession  of  land     ART.  9.  The  Choctaw  Indians  do  hereby  absolutely  and  forever  quit- 
by  the  Choctaws.  ciaim  and  relinquish  to  the  United  States  all  their  right,  title,  and  in- 
terest in,  and  to  any  and  all  lands,  west  of  the  one  hundredth  degree  of 
Lease  by  the  west  longitude;  and  the  Choctaws  and  Chickasaws  do  hereby  lease  to 
Chocta  w  s  a  n  d  the  United  States  all  that  portion  of  their  common  territory  west  of  the 
us^of^otJer  In'  ninety-eighth  degree  of  west  longitude,  for  the  permanent  settlement 
dians.  of  the  Wichita  and  such  other  tribes  or  bands  of  Indians  as  the  Govern- 

ment may  desire  to  locate  therein  ;  excluding,  however,  all  the  Indians 
of  New  Mexico,  and  also  those  whose  usual  ranges  at  present  are  north 
of  the  Arkansas  River,  and  whose  permanent  locations  are  north  of  the 
Canadian  River,  but  including  those  bands  whose  permanent  ranges  are 
south  of  the  Canadian,  or  between  it  and  the  Arkansas  ;  which  Indians 
shall  be  subject  to  the  exclusive  control  of  the  United  States,  under 
such  rules  and  regulations,  not  inconsistent  with  the  rights  and  interests 
of  the  Choctaws  and  Chickasaws,  as  may  from  time  to  time  be  pre- 
scribed by  the  President  for  their  government :  Provided,  however,  Th& 
Territory  so  leased  shall  remain  open  to  settlement  by  Choctaws  and 

Chickasaws  as  heretofore. 

******* 

Military  posts,      ART.  17.   The  United  States  shall  have  the  right  to  establish  and 
post-roads,  and  maintain  such  military  posts,  post-roads,  and  Indian  agencies,  as  may 
agencies  may  be  De  deemed  necessary  within  the  Choctaw  and  Chickasaw  country,  but 
no  greater  quantity  of  land  or  timber  shall  be  used  for  said  purposes, 
than  shall  be  actually  requisite ;  and  if,  in  the  establishment  or  main- 
tenance of  such  posts,  post-roads,  and  agencies,  the  property  of  any 
Choctaw  or  Chickasaw  shall  be  taken,  injured,  or  destroyed,  just  and 
adequate  compensation  shall  be  made  by  the  United  States.     Only  such 
persons  as  are,  or  may  be  in  the  employment  of  the  United  States,  or 
subject  to  the  jurisdiction  and  laws  of  the  Choctaws,  or  Chickasaws, 
shall  be  permitted  to  farm  or  raise  stock  within  the  limits  of  any  of 
said  military  posts  or  Indian  agencies.    And  no  offender  against  the  laws 
of  either  of  said  tribes,  shall  be  permitted  to  take  refuge  therein. 
Bight  of  way     ART.  18.  The  United  States,  or  any  incorporated  company,  shall  have 
for  railroads  and  ^e  rjght  of  way  for  railroads,  or  lines  of  telegraphs,  through  the  Choc- 
taw and  Chickasaw  country;  but  for  any  property  taken  or  destroyed 
in  the  construction  thereof,  full  compensation  shall  be  made  to  the 
party  or  parties  injured,  to  be  ascertained  and  determined  in  such  man- 
ner as  the  President  of  the  United  Sates  shall  direct,  (a) 


* 


This  treaty  to  ^RT-  ^1.  This  convention  shall  supersede  and  take  the  place  of  all 
supersede  "aiiformer  treaties  between  the  United  States  and  the  Choctaws,  and  also, 
former  treaties  of  all  treaty  stipulations  between  the  United  States  and  the  Chicka- 
with  the  Choc-  Baws,  and  between  the  Choctaws  and  Chickasaws,  inconsistent  with  this 
consistent  tr  e^-  agreement,  and  shall  take  effect  and  be  obligatory  upon  the  contracting 
ties  with  Chicka-  parties,  from  the  date  hereof,  whenever  the  same  shall  be  ratified  by  the 
asaws,  or  between  respective  councils  of  the  Choctaw  and  Chickasaw  tribes,  and  bv  the 
President  and  Senate  of  the  United  States.  (6) 

******* 

(a)  See  Nos.  1121, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738, 1739. 

(b)  See  Nos.  1716, 1717, 1729, 1733. 

P^7'  1&?6'       No*  1*31.— ARTICLES  of  agreement  and  convention  between  the  United  States, 

An.Ta«  ift«St          and  the  Creek  and  Seminole  tribes  of  Indians,  made  and  concluded  at  the  city 

Vnf ' 1 1       fioo         of  Washington  the  seventh  day  of  August,  one  thousand  eight  hundred  and  fifty- 

.11,  p.  row.        giX)  by  G.eorge  w    Many  penny,  commissioner  on  the  part  of  the  United  States, 

Tuck-a-batchee-Micco,  Echo-Harjo,  Chilly  Mclntosh,  Benjamin  Marshall,  George 

"W.  Stidham,  and  Daniel  X.  Mclntosh,  commissioners  on  the  part  of  the  Creeks ;  and 

John  Jumper,  Tuste  nuc-o-chee,  Pars-co-fer,  and  James  Factor,  commissioners  on 

the  part  of  the  Seminoles : 

*  *  *  *  *  *  * 

Cession  by     ARTICLE  I.  The  Creek  nation  doth  hereby  grant,  cede,  and  convey  to 
noles     t0      "^  *ne  Seminole  Indians,  the  tract  of  country  included  within  the  follow- 
ing boundaries,  viz :  Beginning  on  the  Canadian  River,  a  few  miles  east 
of  the  ninety -seventh  parallel  of  west  longitude  where  Ock-hi-appo,  or 


INDIAN   TERRITORY.  721 

Pond  Creek,  empties  into  the  same  ;  thence,  due  north  to  the  north  fork 
of  the  Canadian ;  thence,  up  said  north  fork  of  the  Canadian  to  the 
southern  line  of  the  Cherokee  country ;  thence,  with  that  line,  west,  to 
the  one-hundredth  parallel  of  west  longitude ;  thence,  south  along  said 
parallel  of  longitude  to  the  Canadian  River,  and  thence  down  and  with 
that  river  to  the  place  of  beginning. 

ART.  II.  The  following  shall  constitute  and  remain  the  boundaries  Boundaries  of 
of  the  Creek  country,  viz :  Beginning  at  the  mouth  of  the  north  fork  of  Creek  country, 
the  Canadian  River,  and  running  northerly  four  miles  ;  thence  running 
a  straight  line  so  as  to  meet  a  line  drawn  from  the  south  bank  of  the 
Arkansas  River,  opposite  to  the  east  or  lower  bank  of  Grand  River,  at 
its  junction  with  the  Arkansas,  and  which  runs  a  course,  south,  forty- 
four  degrees,  west,  one  mile,  to  a  post  placed  in  the  ground ;  thence 
along  said  line  to  the  Arkansas  and  up  the  same  and  the  Verdigris 
River,  to  where  the  old  Territorial  line  crosses  it ;  thence  along  said 
line,  north,  to  a  point  twenty -five  miles  from  the  Arkansas  River, 
where  the  old  Territorial  line  crosses  the  same ;  thence  running  west 
with  the  southern  line  of  the  Cherokee  country,  to  the  north  fork  of 
the  Canadian  River,  where  the  boundary  of  the  cession  to  the  Serninoles 
defined  in  the  preceeding  article,  first  strikes  said  Cherokee  line; 
thence  down  said  north  fork,  to  where  the  eastern  boundary  line  of  the 
said  cession  to  the  Sem  moles  strikes  the  same  ;  thence,  with  that  line, 
due  south  to  the  Canadian  River,  at  the  mouth  of  the  Ock-hi-appo,  or 
Pond  Creek;  and  thence  down  said  Canadian  River  to  the  place  of  be- 
ginning. 

ART.  III.  The  United  States  do  hereby  solemnly  guarantee  to  the     Seminole  and 
Seminole  Indians  the  tract  of  country  ceded  to  them  by  the  first  article  Creek  countries 
of  this  convention ;  and  to  the  Creek  Indians,  the  lands  included  within  guaran  t  e  e  dt  o 
the  boundaries  defined  in  the  second  article  hereof ;  and  likewise  that  them. 
the  same  shall  respectively  be  secured  to  and  held  by  said  Indians 
by  the  same  title  and  tenure  by  which  they  were  guaranteed  and  se- 
cured to  the  Creek  nation  by  the  fourteenth  article  of  the  treaty  of 
March  twenty-fourth,  eighteen  hundred  and  thirty-two,  the  third  arti- 
cle of  the  treaty  of  February  fourteenth,  eighteen  hundred  and  thirty- 
three,  and  by  the  letters-patent  issued  to  the  said  Creek  nation,  on  the 
eleventh  day  of  August,  eighteen  hundred  and  fifty-two,  and  recorded 
in  volume  four  of  records  of  Indian  deeds  in  the  Office  of  Indian  Affairs, 
pages  446  and  447.  Provided  however,  That  no  part  of  the  tract  of  country 
so  ceded  to  the  Seminole  Indians,  shall  ever  be  sold,  or  otherwise  dis- 
posed of  without  the  consent  of  both  tribes  legally  given. 

ART.  IV.  The  United  States  do  hereby  solemnly  agree  and  bind  them-  No  State  or  Ter- 
selves,  that  no  State  or  Territory  shall  ever  pass  laws  for  the  govern -E^g7* 
ment  of  the  Creek  or  Seminole  tribes  of  Indians,  and  that  no  portion  of  tribes, 
either  of  the  tracts  of  country  defined  in  the  first  and  second  articles  of 
this  agreement  shall  ever  be  embraced  or  included  within,  or  annexed  Said 
to,  any  Territory  or  State,  nor  shall  either,  or  any  part  of  either,  ever  not  to  be  included 
be  erected  into  a  Territory  without  the  full  and  free  consent  of  the  leg-  in  any  State  or 
islative  authority  of  the  tribe  owning  the  same.  Territory  with  - 

ART.  V.  The  Creek  Indians  do  hereby,  absolutely  and  forever,  quit-  gent 
claim  and  relinquish  to  the  United  States  all  their  right,  title,  and  in-  Release  by 
terest  in  and  to  any  lands  heretofore  owned  or  claimed  by  them,  whether  Creeks  of  all  ti- 
east  or  west  of  the  Mississippi  River,  and  any  and  all  claim  for  or  on  tie  to  other  lands, 
account  of  any  such  lands,  except  those  embraced  within  the  boundaries  against  United 
described  in  the  second  article  of  this  agreement.  States,  exc ep t . 

*  *  *  *  *  *  &c. 

ART.  XIX.  The  United  States  shall  have  the  right  to  establish  and  .  Eight  to  estab- 
maintain  such  military  posts,   military  and  post-roads,  and  Indian  lisj  P°sts>  roads, 
agencies  as  may  be  deemed  necessary  within  the  Creek  and  Semiuole  served86? o^t  h  e 
country,  but  no  greater  quantity  of  land  or  timber  shall  be  nsed  for  said  United  States, 
purposes  than  shall  be  actually  requisite;  and  if,  in  the  establishment 
or  maintenance  of  such  posts,  roads,  or  agencies,  the  property  of  any    Regulations  re- 
Creek  or  Seminole  be  taken,  destroyed,  or  injured,  or  any  property  of  spec  tin  g    the 
either  nation,  other  than  laud  and  timber,  just  and  adequate  compensa-  same, 
tion  shall  be  made  by  the  United  States.    Such  persons  only  as  are  or 
may  be  in  the  employment  of  the  United  States,  in  any  capacity,  civil 
or  military,  or  subject  to  the  jurisdiction  and  laws  of  the  Creeks  and 


Seminoles,  shall  be  permitted  to  farm  or  raise  stock  within  the  limits  of 
any  of  said  military  posts  or  Indian  agencies.    And  no  offender  against 
*u-  laws  of  either  of      '* 
iin. 

4G  L  O— VOL  II 


the  laws   of  either  of  said  tribes  shall  be  permitted  to  take  refuge 
therein. 


722  INDIAN    TERRITORY. 

Eight  of  way     ART.  XX.  The  United  States,  or  any  incorporated  company,  shall  have 
for  railroads  and  ^e  right  of  way  for  railroads,  or  lines  of  telegraphs,  through  the  Creek 
and  Seminole  countries ;  but  in  the  case  of  any  incorporated  company, 
it  shall  have  such  right  of  way  only  upon  such  terms,  and  payment  of 
such  amount  to  the  Creeks  and  Seminoles,  as  the  case  may  be,  as  may  be 
agreed  upon  between  it  and  the  national  council  thereof ;  or,  in  case 
of  disagreement  by  making  full  compensation,  not  only  to  individual 
parties  injured,  but  also  to  the  tribe  for  the  right  of  way,  all  damage 
and  injury  done  to  be  ascertained  and  determined  in  such  manner  as  the 
President  of  the  United  States  shall  direct.    And  the  right  of  way 
granted  by  either  of  said  tribes  for  any  railroad,  shall  be  perpetual  or 
for  such  shorter  term,  as  the  same  may  be  granted,  in  the  same  manner 
as  if  there  were  no  reversion  of  their  lands  to  the  United  States  provided 
for,  in  case  of  abandonment  by  them,  or  of  extinction  of  their  tribe,  (a) 
ART.  XXI.  The  United  States  will  cause  such  portions  of  the  bound- 
Surveyof boon- aries  of  the  Creek  and  Seminole  countries,  as  do  not  consist  of  well- 
daries.  defined  natural  boundaries,  to  be  surveyed  and  permanently  marked 

and  established.  The  Creek  and  Semiuole  general  councils  may  each 
appoint  a  commissioner  from  their  own  people  to  attend  the  running  of 
their  respective  boundaries,  whose  expenses  and  a  reasonable  allowance 
for  their  time  and  services,  while  engaged  in  such  duty,  shall  be  paid 
by  the  United  States.  (6) 

*#***#* 

(a)  See  Xos.  1121,  1730,  1732,  1733,  1734,  1735,  1736,  1737, 1738, 1739. 
(&)  See  Xos.  1720,  1725,  1738,  1739,  1750, 1752. 

Oct.  18, 1865.  No.  1732.— ARTICLES  of  a  treaty  made  and  concluded  at  the  council  ground  on 

Proclamation,  the  Little  Arkansas  River  eight  miles  from  the  mouth  of  said  river,  in  the  State  of 

May  2fi,  1866.  Kansas,  on  the  eighteenth  (lav  of  October,  in  the  year  of  our  Lord  one  thousand 

VoL  14,  p.  717.  eight  hundred  and  sixty-five,  by  and  between  John'B.  Sanborn,  William  S.  Harney, 


Thomas  Murphy.  Kit  Carson,  William  W.  Bent,  Jesse  H.  Leavenworth,  and  James 
Stee'e,  commissioners  on  the  part  of  the  United  States,  and  the  undersigned  chiefs 
and  head-men  of  the  several  bauds  of  Camauche  Indians  specified  in  connection  with 
their  signatures,  and  the  chiefs  and  headmen  of  the  Kiowa  tribe  of  Indians,  the  said 
chiefs  and  head-men  by  the  said  bands  and  tribes  being  thereunto  duly  authorized. 
******* 

Reservation     ART.  II.  The  United  States  hereby  agree  that  the  district  of  country 

for  Indians  who  embraced  within  the  following  limits,  or  such  portion  of  the  same  as 

JJ6  *  re~  may  hereafter  from  time  to  time  be  designated  by  the  President  of  the 

Boundaries.      United  States  for  that  purpose,  viz  :  Commencing  at  the  northeast  cor- 

ner of  New  Mexico,  thence  south  to  the  southeast  corner  of  the  same  ; 

thence  northeastwardly  to  a  point  on  main  Red  River  opposite  the 

mouth  of  the  north  fork  of  said  river  ;  thence  down  said  river  to  the  98th 

degree  of  west  longitude  ;  thence  due  north  on  said  meridian  to  the 

Cimarone  River  ;  thence  up  said  river  to  a  point  where  the  same  crosses 

the  southern  boundary  of  the  State  of  Kansas;    thence  along  said 

southern  boundary  of  Kansas  to  the  southwest  corner  of  said  State  ; 

thence  west  to  the  place  of  beginning,  shall  be  and  is  hereby  set  apart 

for  the  absolute  and  undisturbed  use  and  occupation  of  the  tribes  who 

are  parties  to  this  treaty,  and  of  such  other  friendly  tribes  as  have  here- 

tofore resided  within  said  limits,  or  as  they  may  from  time  to  time  agree 

No  whites,  ex-  to  admit  among  them,  and  that  no  white  person  except  officers,  agents, 

cept,  &c.,  to  set-  and  employe's  of  the  Government  shall  go  upon  or  settle  within  the 

Sss&c*8011'  Un  country  embraced  within  said  limits,  unless  formally  admitted  and  in- 

Indians  to  re-  corporated  into  some  one  of  the  tribes  lawfully  residing  there,  accord- 

move  thereto.       ing  to  its  laws  and  usages.    The  Indians  parties  hereto  on  their  part 

Claims  to  other  expressly  agree    *     *     *     that  henceforth  they  will  and  do  hereby  re- 

landg  -elinquish-  iinquish  all  claims  or  rights  in  and  to  any  portion  of  the  United  States 

or  Territories,  except  such  as  is  embraced  within  the  limits  aforesaid, 

and  more  especially  their  claims  and  rights  in  and  to  the  country  north 

of  the  Cimarone  River  and  west  of  the  eastern  boundary  of  New  Mex- 

ico. (a) 


States  ART.  IV.  It  is  further  agreed  by  the  parties  hereto  that  the  United 
Srough  resre°iSSta.tes  may  la-v  off  and  build  through  the  reservation,  provided  for  by 
tion,  and  estab-  article  II.  of  this  treaty,  roads  or  highways  as  may  be  deemed  necessary, 
lish  military  and  may  also  establish  such  military  posts  within  the  same  as  may  be 
P°8ta-  found  necessary,  in  order  to  preserve  peace  among  the  Indians,  and  in 

order  to  enforce  such  laws,  rules,  and  regulations  as  are  now  or  may 
from  time  to  time  be  prescribed  by  the  President  and  Congress  of  the 
United  States  for  the  protection  of  the  rights  of  persons  and  property 


INDIAN   TERRITORY.  723 

amoDg  the  Indians  residing  upon  said  reservation,  and  further,  that  in 

time  of  war  such  other  military  posts  as  may  be  considered  essential  to 

the  general  interests  of  the  United  States  may  be  established  :  Provided,    Damages  there- 

however,  That  upon  the  building  of  such  roads,  or  establishment  of  such  for  to  be  ascer- 

military  posts,  the  amount  of  injury  sustained  by  reason  thereof  by  the^ned  and  paid. 

Indians  inhabiting  said  reservation  shall  be  ascertained  under  direction 

of  the  President  of  the  United  States,  and  thereupon  such  compensation 

shall  be  made  to  said  Indians  as,  in  the  judgment  of  the  Congress  of 

the  United  States,  may  be  deemed  just  and  proper.  (&) 

******* 

(a)  See  Nos.  1742, 1743. 

(6)  See  Nos.  1121, 1730, 1731, 1733, 1734, 1735, 1736, 1737, 1738, 1739. 

No.  1733.— ARTICLES  of  agreement  and  convention  between  the  United  States  and  April  28, 1866. 

the  Choctaw  and  Chickasaw  nations  of  Indiana,  made  and  concluded  at  the  city  of  Proclamation, 

Washington  the  twenty-eighth  day  of  April,  in  the  year  eighteen  hundred  and  sixty-  July  10,  I860, 

six,  by  Dennis N.  Cooley,  Elijah  Sells,  and  E.  S.  Parker,  special  commissioners  on  the  VoL  14,  p.  769. 


part  of  the  United  States,  and  Alfred  Wade,  Allen  Wright,  James  Riley,  and  John 
Page,  commissioners  on  the  part  of  the  Choctaws,  and  Winchester  Colbert,  Edmund 
Pickens,  Holmes  Colbert,  Colbert  Carter,  and  Robert  H.  Love,  commissioners  on  the 


ART.  III.  The  Choctaws  and  Chickasaws,  in  consideration  of  the  sum     Cession  of  the 
of  three  hundred  thousand  dollars,  hereby  cede  to  the  United  States  the  leased  district  to 
territory  west  of  the  98°  west  longitude,  known  as  the  leased  district,  |^68  u  n  *  *  e  d 
provided  that  the  said  sum  shall  be  invested  and  held  by  the  United 
States,  at  an  interest  not  less  than  five  per  cent.,  in  trust  for  the  said 
nations,  until  the  legislatures  of  the  Choctaw  and  Chickasaw  nations    purcnaae  mon. 
respectively  shall  have  made  such  laws,  rules,  and  regulations  as  may  6y  to  be  invested 
be  necessary  to  give  all  persons  of  African  descent,  resident  in  the  said  by    the    United 
nations  at  the  date  of  the  treaty  of  Fort  Smith,  and  their  descendants,  Statea  •a*..1*?4 
heretofore  held  in  slavery  among  said  nations,  all  the  rights,  privileges, m       ">until,&o. 
and  immunities,  including  the  right  of  suffrage,  of  citizens  of  said  na- 
tions, except  in  the  annuities,  moneys,  and  public  domain  claimed  by, 
or  belonging  to,  said  nations  respectively ;  and  also  to  give  to  such  per- 
sons who  were  residents  as  aforesaid,  and  their  descendants,  forty  acres 
each  of  the  land  of  said  nations  on  the  same  terms  as  the  Choctaws  and 
Chickasaws,  to  be  selected  on  the  survey  of  said  land,  after  the  Choc- 
taws and  Chickasaws  and  Kansas  Indians  have  made  their  selections 
as  herein  provided;  and  immediately  on  the  enactment  of  such  laws, 
rules,  and  regulations,  the  said  sum  of  three  hundred  thousand  dollars^ 
shall  be  paid  to  the  said  Choctaw  and  Chickasaw  nations  in  the  pro- 
portion of  three-fourths  to  the  former  and  one-fourth  to  the  latter, — 
less  such  sum,  at  the  rate  of  one  hundred  dollars  per  capita,  as  shall  be 
sufficient  to  pay  such  persons  of  African  descent  before  referred  to  as 
within  ninety  days  after  the  passage  of  such  laws,  rules,  and  regula- 
tions shall  elect  to  remove  and  actually  remove  from  the  said  nations 
respectively.     And  should  the  said  laws,  rules,  and  regulations  not  be 
made  by  the  legislatures  of  the  said  nations  respectively,  within  two 
years  from  the  ratification  of  this  treaty,  then  the  said  sum  of  three 
hundred  thousand  dollars  shall  cease  to  be  held  in  trust  for  the  said 
Choctaw  and  Chickasaw  nations,  and  be  held  for  the  use  and  benefit  of 
such  of  said  persons  of  African  descent  as  the  United  States  shall  re- 
move from  the  said  territory  in  such  manner  as  the  United  States  shall 
deem  proper,— the  United  States  agreeing,  within  ninety  days  from  the 
expiration  of  the  said  two  years,  to  remove  from  said  nations  all  such 
persons  of  African  descent  as  may  be  willing  to  remove;  those  remain- 
ing or  returning  after  having  been  removed  from  said  nations  to  have 
no  benefit  of  said  sum  of  three  hundred  thousand  dollars,  or  any  part 
thereof,  but  shall  be  upon  the  same  footing  as  other  citizens  of  the  United 
States  in  the  said  nations. 

******* 

ART.  VI.  The  Choctaws  and  Chickasaws  hereby  grant  a  right  of  way    Right  of  way 
through  their  lands  to  any  company  or  companies  which  shall  be  duly  through    their 
authorized  by  Congress,  or  by  the  legislatures  of  said  nations,  respect-  country  for  rail- 
ively,  and  which  shall,  with  the  express  consent  and  approbation  of  the  r0i 
Secretary  of  the  Interior,  undertake  to  construct  a  railroad  through  the 
Choctaw  and  Chickasaw  nations  from  the  north  to  the  south  thereof, 
and  from  the  east  to  the  west  side  thereof,  in  accordance  with  the  pro- 
visions of  the  18th  article  of  the  treaty  of  June  twenty -second,  one 


724  INDIAN   TERRITORY. 

Damages.          thousand  eight  hundred  and  fifty-five,  which  provides  that  for  any  prop- 
erty taken  or  destroyed  in  the  construction  thereof  full  compensation 
shall  be  made  to  the  party  or    parties  injured,  to  be  ascertained  and 
determined  in  such  manner  as  the  President  of  the  United  States  shall 
Companies  sub- direct.     But  such  railroad  company  or- companies,  with  all  its  or  their 
jecttolaws,  &c.   ao>ents  an(j  employe's  shall  be  subject  to  the  laws  of  the  United  States 
relating  to  intercourse  with  Indian  tribes,  and  also  to  such  rules  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  the  Interior  for 
Indians    m  a  y  that  purpose.    And  it  is  also  stipulated  and  agreed  that  the  nation 
subscribe  to  through  which  the  road  or  roads  aforesaid  shall  pass  may  subscribe  to 
stock.  the  8t;OCk  of  the  particular  company  or  companies  such  amount  or 

amounts  as  they  may  be  able  to  pay  for  in  alternate  sections  of  unoc- 
cupied lands  for  a  space  of  six  miles  on  each  side  of  said  road  or  roads, 
at  a  price  per  acre  to  be  agreed  upon  between  said  Choctaw  and  Chick- 
asaw  nations  and  the  said  company  or  companies,  subject  to  the  ap- 
Provisos.  proval  of  the  President  of  the  United  States  :  Provided,  however.  That 
said  land,  thus  subscribed,  shall  not  be  sold,  or  demised,  or  occupied  by 
any  one  not  a  citizen  of  the  Choctaw  or  Chickasaw  nations,  according 
to  their  laws  and  recognized  usages :  Provided,  That  the  officers,  serv- 
ants, and  employe's  of  such  companies  necessary  to  the  construction  and 
management  of  said  road  or  roads  shall  not  be  excluded  from  such  occu- 
pancy as  their  respective  functions  may  require,  they  being  subject  to 
the  provisions  of  the  Indian  intercourse  law  and  such  rules  and  regula- 
tions as  may  be  established  by  the  Secretary  of  the  Interior  :  And  pro- 
vided also,  That  the  stock  thus  subscribed  by  either  of  said  nations  shall 
have  the  force  and  effect  of  a  first -mortgage  bond  on  all  that  part  of 
said  road,  appurtenances,  and  equipments  situated  and  used  within  said 
nations  respectively,  and  shall  be  a  perpetual  lien  on  the  same,  and  the 
said  nations  shall  have  the  right,  from  year  to  year,  to  elect  to  receive 
their  equitable  proportion  of  declared  dividends  of  profits  on  their  said 
stock,  or  interest  on  the  par  value  at  the  rate  of  six  per  cent,  per  an- 
num. 

When   compa-     2.  And  it  is  further  declared  in  this  connection,  that  as  fast  as  sections 

nies  to  be  entitled  of  twenty  miles  in  length  are  completed,  with  the  rails  laid  ready  for 

lands'1  U8e'  with  all  water  and  other  stations  necessary  to  the  use  thereof,  as  a 

first-class  road,  the  said  company  or  companies  shall  become  entitled  to 

patents  for  the  alternate  sections  aforesaid,  and  may  proceed  to  dispose 

thereof  in  the  manner  herein  provided  for,  subject  to  the  approval  of 

the  Secretary  of  the  Interior. 

Other   lands     3.  And  it  is  further  declared,  also,  in  case  of  one  or  more  of  said  al- 

may  be  selected  ternate  sections  being  occupied  by  any  member  or  members  of  said  na- 

in  lieu  of  occu-  tions  respectively,  so  that  the  same  cannot  be  transferred  to  the  said 

)DS-       company  or  companies,  that  the  said  nation  or  nations,  respectively, 

may  select  any  unoccupied  section  or  sections,  as  near  as  circumstances 

will  permit,  to  the  said  width  of  six  miles  on  each  side  of  said  road  or 

roads,  and  convey  the  same  as  an  equivalent  for  the  section  or  sections 

so  occupied  as  aforesaid,  (a) 

*  *  *  *  *  *  * 

Survey  and  di-  ART.  XI.  Whereas  the  land  occupied  by  the  Choctaw  and  Chickasaw 
vision  of  lands  in  nations,  and  described  in  the  treaty  between  the  United  States  and  said 
severally.  nations,  of  June  twenty-second,  eighteen  hundred  and  fifty-five,  is  now 

held  by  the  members  of  said  nations  in  common,  under  the  provisions 
of  the  said  treaty ;  and  whereas  it  is  believed  that  the  holding  of  said 
land  in  severally  will  promote  the  general  civilization  of  said  nations, 
and  tend  to  advance  their  permanent  welfare  and  the  best  interests  of 
their  individual  members,  it  is  hereby  agreed  that,  should  the  Choctow 
and  Chickasaw  people,  through  their  respective  legislative  councils,  agree 
to  the  survey  and  dividing  their  land  on  the  system  of  the  United  States, 
the  land  aforesaid  east  of  the  ninety-eighth  degree  of  west  longitude 
shall  be,  in  view  of  the  arrangements  hereinafter  mentioned,  surveyed 
and  laid  off  in  ranges,  townships,  sections,  and  parts  of  sections ;  and 
that  for  the  purpose  of  facilitating  such  surveys  and  for  the  settlement 
and  distribution  of  said  land  as  hereinafter  provided,  there  shall  be  es- 
Land  office  es-  tablished  at  Boggy  Depot,  in  the  Choctaw  territory,  a  land  office ;  and 
tablished  at  Bog-  that,  in  making  the  said  surveys  and  conducting  the  business  of  the 
gy  Depot.  8aia  officej  including  the  appointment  of  all  necessary  agents  and  sur- 

veyors, the  same  system  shall  be  pursued  which  has  heretofore  gov- 
erned in  respect  to  the  public  lands  of  the  United  States,  it  being  under- 
stood that  the  said  surveys  shall  be  made  at  the  cost  of  the  United 
States  and  by  their  agents  and  surveyors,  as  in  the  case  of  their  own 


INDIAN    TERRITORY.  725 

public  lands,  and  that  the  officers  and  employe's  shall  receive  the  same 
compensation  as  is  paid  to  officers  and  employe's  in  the  land  offices  of 
the  United  States  in  Kansas. 

ART.  XII.  The  maps  of  said  surveys  shall  exhibit,  as  far  as  practica-    Maps  of  sur- 
ble,  the  outlines  of  the  actual  occupancy  of  members  of  the  said  nations,  vey8  i*°  exhibit 
respectively;  and  when  they  are  completed,  shall  be  returned  to  the  cies^c .°C< 
said  land  office  at  Boggy  Depot  for  inspection  by  all  parties  interested, 
when  notice  for  ninety  days  shall  be  given  of  such  return,  in  such  man- 
ner as  the  legislative  authorities  of  the  said  nations,  respectively,  shall 
prescribe,  or,  in  the  event  of  said  authorities  failing  to  give  such  notice 
in  a  reasonable  time,  in  such  manner  as  the  register  of  said  land  office 
shall  prescribe,  calling  upon  all  parties  interested  to  examine  said  maps 
to  the  end  that  errors,  if  any,  in  the  location  of  such  occupancies,  may 
be  corrected. 

ART.  XIII.  The  notice  required  in  the  above  article  shall  be  given,  Notice  to  par- 
not  only  in  the  Choctaw  and  Chickasaw  nations,  but  by  publication  in tie8  interested  to 
newspapers  printed  in  the  States  of  Mississippi  and  Tennessee,  Louisi-  m^am  l 
ana,  Texas,  Arkansas,  and  Alabama,  to  the  end  that  such  Choctaws  and 
Chickasaws  as  yet  remain  outside  of  the  Choctaw  and  Chickasaw  na- 
tions, may  be  informed  and  have  opportunity  to  exercise  the  rights 
hereby  given  to  resident  Choctaws  and  Chickasaws  :  Provided,  That  be- 
fore any  such  absent  Choctaw  or  Chickasaw  shall  be  permitted  to  select 
for  him  or  herself,  or  others,  as  hereinafter  provided,  he  or  she  shall 
satisfy  the  register  of  the  land  office  of  his  or  her  intention,  or  the  in- 
tention of  the  party  for  whom  the  selection  is  to  be  made,  to  become 
bona-fide  resident  in  the  said  nation  within  five  years  from  the  time  of 
selection ;  and  should  the  said  absentee  fail  to  remove  into  said  nation, 
and  occupy  and  commence  an  improvement  on  the  land  selected  within 
the  time  aforesaid,  the  said  selection  shall  be  cancelled,  and  the  land 
shall  thereafter  be  discharged  from  all  claim  on  account  thereof. 

ART.  XIV.  At  the  expiration  of  the  ninety  days  aforesaid  the  legisla-     Lands  may  be 
tive  authorities  of  the  said  nations,  respectively,  shall  have  the  right  to  selected  for  seats 
select  one  quarter-section  of  land  in  each  of  the  counties  of  said  nations  JohoSs^seminiJ 
respectively,  in  trust  for  the  establishment  of  seats  of  justice  therein,  ries  and  colleges" 
and  also  as  many  quarter-sections  as  the  said  legislative  councils  may 
deem  proper  for  the  permanent  endowment  of  schools,  seminaries,  and 
colleges  in  said  nation,  provided  such  selection  shall  not  embrace  or  in- 
terfere with  any  improvement  in  the  actual  occupation  of  any  member 
of  the  particular  nation  without  his  consent ;  and  provided  the  proceeds 
of  sale  of  the  quarter-sections  selected  for  seats  of  justice  shall  be  ap- 
propriated for  the  erection  or  improvement  of  public  buildings  in  the 
county  in  which  it  is  located. 

ART.  XV.  At  the  expiration  of  the  ninety  days'  notice  aforesaid,  the     Each  Indian  to 
selection  which  is  to  change  the  tenure  of  the  land  in  the  Choctaw  and  have  a  "S11*  to 
Chickasaw  nations  from  a  holding  in  common  to  a  holding  in  severalty  JJJ®  0^l5and  '"* 
shall  take  place,  when  every  Choctaw  and  Chickasaw  shall  have  the 
right  to  cue  quarter-section  of  land,  whether  male  or  female,  adult  or 
minor,  and  if  in  actual  possession  or  occupancy  of  land  improved  or  cul-     Actual     occn- 
tivated  by  him  or  her,  shall  have  a  prior  right  to  the  quarter- section  in  pant, 
which  his  or  her  improvement  lies ;  and  every  infant  shall  have  selected    infants, 
for  him  or  her  a  quarter-section  of  land  in  such  location  as  the  father 
of  such  infant,  if  there  be  a  father  living,  and  if  no  father  living,  then  the 
mother  or  guardian,  and  should  there  be  neither  father,  mother,  nor 
guardian,  then  as  the  probate  judge  of  the  county,  acting  for  the  best 
interest  of  such  infant,  shall  select. 

ART.  XVI.  Should  an  actual  occupant  of  land  desire,  at  any  time  prior    Actual  o cen- 
to the  commencement  of  the  surveys  aforesaid,  to  abandon  his  improve-  pan t,  prior  to  sur- 
inent,  and  select  and  improve  other  land,  so  as  to  obtain  the  prior  right  Jon^i^fmprovel 
of  selection  thereof,  he  or  she  shall  be  at  liberty  to  do  so ;  in  which  ments  and  select 
event  the  improvement  so  abandoned  shall  be  open  to  selection  by  other  other  land, 
parties:   Provided,  That  nothing  herein  contained  shall  authorize  the    Proviso, 
multiplication  of  improvements  so  as  to  increase  the  quantity  of  land 
beyond  what  a  party  would  be  entitled  to  at  the  date  of  this  treaty. 

ART.  XVII.  No  selection  to  be  made  under  this  treaty  shall  be  per-  Occupation  by 
mitted  to  deprive  or  interfere  with  the  continued  occupation,  by  the  missionaries  of 
missionaries  established  in  the  respective  nations,  of  their  several  mis-  JVSen^noSo 
sionary  establishments;  it  being  the  wish  of  the  parties  hereto  to  pro-be  interfered 
mote  and  foster  an  influence  so  largely  conducive  to  civilization  and  with, 
refinement.  Should  any  missionary  who  has  been  engaged  in  mission-  nights  of  cer- 
ary  labor  for  five  consecutive  years  before  the  date  of  this  treaty  in  the  tain  missionaries. 


726  INDIAN   TERRITORY. 

said  nations,  or  either  of  them,  or  three  consecutive  years  prior  to  the 
late  rebellion,  and  who,  if  absent  from  the  said  nations,  may  desire  to 
return,  wish  to  select  a  quarter-section  of  land  with  a  view  to  a  perma- 
nent home  for  himself  and  family,  he  shall  have  the  privilege  of  doing 
so,  provided  no  selection  shall  include  any  public  buildings,  schools  or 
seminary ;  and  a  quantity  of  land  not  exceeding  six  hundred  and  forty 
acres,  to  be  selected  according  to  legal  subdivisions  in  one  body,  and  to 
include  their  improvements,  is  hereby  granted  to  every  religious  society 
or  denomination  which  has  erected,  or  which,  with  the  consent  of  the 
Indians,  may  hereafter  erect  buildings  within  the  Choctaw  and  Chick- 
asaw  country  for  missionary  or  educational  purposes ;  but  no  laud  thus 
granted,  nor  the  buildings  which  have  been  or  may  be  erected  thereon, 
shall  ever  be  sold  or  otherwise  disposed  of,  except  with  the  consent  of 
the  legislatures  of  said  nations  respectively  and  approval  of  the  Secre- 
tary of  the  Interior ;  and  whenever  such  lands  or  buildings  shall  be  sold 
or  disposed  of,  the  proceeds  thereof  shall  be  applied,  under  the  direction 
of  the  Secretary  of  the  Interior,  to  the  support  and  maintenance  of  other 
similar  establishments  for  the  benefit  of  the  Choctaws  and  Chickasaws, 
and  such  other  persons  as  may  hereafter  become  members  of  their  na- 
tions, according  to  their  laws,  customs,  and  usages. 

Eights  of  par-     ART.  XVIII.  In  making  a  selection  for  children  the  parent  shall  have 

ents  in  selecting  a  prior  right  to  select  land  adjacent  to  his  own  improvements  or  selec- 

ren-  tion,  provided  such  selection  shall  be  made  within  thirty  days  from  the 

time  at  which  selections  under  this  treaty  commence. 

Mode  of  select-  ART.  XIX.  The  manner  of  selecting  as  aforesaid  shall  be  by  an  entry 
ing  lands.  with  the  register  of  the  land  office,  and  all  selections  shall  be  made  to 

conform  to  the  legal  subdivisions  of  the  said  lands  as  shown  by  the 
surveys  aforesaid  on  the  maps  aforesaid;  it  being  understood  that 
nothing  herein  contained  is  to  be  construed  to  confine  a  party  selecting 
to  one  section,  but  he  may  take  contiguous  parts  of  sections  by  legal 
subdivisions  in  different  sections,  not  exceeding  together  a  quarter- 
section. 

Proof  of  im-  ART.  XX.  Prior  to  any  entries  being  made  under  the  foregoing  pro- 
provements  to  be  visions,  proof  of  improvements,  or  actual  cultivation  as  well  as  the 
trfes6  P  !D  num^er  °f  persons  for  whom  a  parent  or  guardian,  or  probate  judge  of 

the  county  proposes  to  select  and  of  their  right  to  select,  and  of  his  or 
her  authority  to  select  for  them,  shall  be  made  to  the  register  and  re- 
ceiver of  the  land  office,  under  regulations  to  be  prescribed  by  the  Sec- 
retary of  the  Interior. 

Sections  six-     ART.  XXI.  In  every  township  the  sections  of  land  numbered  sixteen 

teen  and  thirty-  and  thirty-six  shall  be  reserved  for  the  support  of  schools  in  said  town- 

for  schools861^     8nip  :  Provident  That  if  the  same  has  been  already  occupied  by  a  party 

Proviso.  or  parties  having  the  right  to  select  it,  or  it  shall  be  so  sterile  as  to  be 

unavailable,  the  legislative  authorities  of  the  particular  nations  shall 

have  the  right  to  select  such  other  unoccupied  sections  as  they  may  think 

proper. 

Military  posts     ART.  XXII.  The  right  of  selection  hereby  given  shall  not  authorize 
and  Indian  agen-  tne  selection  of  any  land  required  by  the  United  States  as  a  military 
post,  or  Indian  agency,  not  exceeding  one  mile  square,  which,  when 
abandoned,  shall  revert  to  the  nation  in  which  the  land  lies. 

Names  of  per-  ART.  XXIII.  The  register  of  the  land  office  shall  inscribe  in  a  suitable 
8eTectionshare^ook  or  books'  in  alphabetical  order,  the  name  of  every  individual  for 
made  to  be  in  WDOm  a  selection  shall  be  made,  his  or  her  age,  and  a  description  of  the 
books  of  register,  land  selected. 

Town  lots.  ART.  XXIV.  Whereas  it  may  be  difficult  to  give  to  each  occupant  of 

an  improvement  a  quarter-section  of  land,  or  even  a  smaller  subdivision, 
which  shall  include  such  improvement,  in  consequence  of  such  improve- 
ments lying  in  towns,  villages,  or  hamlets,  the  legislative  authorities 
of  the  respective  nations  shall  have  power,  where,  in  their  discretion, 
they  think  it  expedient,  to  lay  off  into  town  lots  any  section  or  part  of 
a  section  so  occupied,  to  which  lots  the  actual  occupants,  being  citizens 
of  the  respective  nations,  shall  have  pre-emptive  right,  and,  upon  pay- 
ing into  the  treasury  of  the  particular  nation  the  price  of  the  land  as 
fixed  by  the  respective  legislatures,  exclusive  of  the  value  of  said  im- 
provement, shall  receive  a  conveyance  thereof.  Such  occupant  shall 
not  be  prejudiced  thereby  in  his  right  to  his  selection  elsewhere.  The 
town  lots  which  may  be  unoccupied  shall  be  disposed  of  for  the  benefit 
of  the  particular  nation,  as  the  legislative  authorities  may  direct  from 
time  to  time.  When  the  number  of  occupants  of  the  same  quarter- 


INDIAN    TERRITORY.  727 

section  shall  not  be  such  as  to  authorize  the  legislative  authorities  to 
lay  out  the  same,  or  any  part  thereof,  into  town  lots,  they  may  make 
such  regulations  for  the  disposition  thereof  as  they  may  deem  proper, 
either  by  subdivision  of  the  same,  so  as  to  accommodate  the  actual  oc- 
cupants, or  by  giving  the  right  of  prior  choice  to  the  first  occupant  in 
point  of  time,  upon  paying  the  others  for  their  improvements,  to  be 
valued  in  such  way  as  the  legislative  authorities  shall  prescribe,  or 
otherwise.  All  occupants  retaining  their  lots  under  this  section,  and 
desiring,  in  addition,  to  make  a  selection,  must  pay  for  the  lots  so  re- 
tained, as  in  the  case  of  town  lots.  And  any  Choctaw  or  Chickasaw 
who  may  desire  to  select  a  sectioral  division  other  than  that  on  which 
his  homestead  is,  without  abandoning  the  latter,  shall  have  the  right  to 
purchase  the  homestead  sectional  division  at  such  price  as  the  respective 
legislatures  may  prescribe. 

ART.  XXV.  During  ninety  days  from  the  expiration  of  the  ninety     When  patents 
days' notice  aforesaid,  the  Choctaws  and  Chickasaws  shall  have  the|°  issye  tor  se- 
exclusive  right  to  make  selections,  as  aforesaid,  and  at  the  end  of  that le< 
time  the  several  parties  shall  be  entitled  to  patents  for  their  respective 
selections,  to  be  issued  by  the  President  of  the  United  States,  and  coun- 
tersigned by  the  chief  executive  officer  of  the  nation  in  which  the  land 
lies,  and  recorded  in  the  records  of  the  executive  office  of  the  particu- 
lar nation  ;  and  copies  of  the  said  patents,  under  seal,  shall  be  evidence 
in  any  court  of  law  or  equity. 

ART.  XXVI.  The  right  here  given  to  Choctaws  and  Chickasaws,  re-     Citizens  by 
spectively,  shall  extend  to  all  persons  who  have  become  citizens  by  adoption  or  inter- 
adoption  or  intermarriage  of  either  of  said  nations,  or  who  may  here-  SIM  rfSits. 
after  become  such. 

ART.  XXVII.  In  the  event  of  disputes  arising  in  regard  to  the  rights  Disputes  as  to 
of  parties  to  select  particular  quarter-sections  or  other  divisions  of  said  f^s  ^w  to8  be 
land,  or  in  regard  to  the  adjustment  of  boundaries,  so  as  to  make  them 
conform  to  legal  divisions  and  subdivisions  such  disputes  shall  be  set- 
tled by  the  register  of  the  land  office  and  the  chief  executive  officer  of 
the  nation  in  which  the  land  lies,  in  a  summary  way,  after  hearing  the 
parties;  and  if  said  register  and  chief  officer  cannot  agree,  the  two  to 
call  in  a  third  party,  who  shall  constitute  a  third  referee,  the  decision 
of  any  two  of  whom  shall  be  final,  without  appeal. 

ART.  XXVIII.  Nothing  contained  in  any  law  of  either  of  the  said  na-    Contiguous  se- 
tions  shall  prevent  parties  entitled  to  make  selections  contiguous  to  lections, 
each  other ;  and  the  Choctaw  and  Chickasaw  nations  hereby  agree  to 
repeal  all  laws  inconsistent  with  this  provision. 

ART.  XXIX.  Selections  made  under  this  treaty  shall,  to  the  extent  of  .  Selections  to  be 
one  quarter-section,  including  the  homestead  or  dwelling,  be  inaliena-  inalienable,  &c. 
ble  for  the  period  of  twenty-one  years  from  the  date  of  such  selection, 
and  upon  the  death  of  the  party  in  possession  shall  descend  according 
to  the  laws  of  the  nation  where  the  land  lies;  and  in  the  event  of  his 
or  her  death  without  heirs,  the  said  quarter- section  shall  escheat  to  and 
become  the  property  of  the  nation. 

*  *  *  #  #  *  * 

ART.  XXXII.  At  the  expiration  of  two  years,  or  sooner,  if  the  Presi-     Documents   in 
dent  of  the  United  States  shall  so  direct,  from  the  completion  of  the  land  offices  to  be 
surveys  and  maps  aforesaid,  the  officers  of  the  land  offices  aforesaid fawTandCMckal 
shall  deliver  to  the  executive  departments  of  the  Choctaw  and  Chicka-  saws  in    two 
saw  nations,  respectively,  all  such  documents  as  may  be  necessary  to  years, 
elucidate  the  land  title  as  settled  according  to  this  treaty,  and  forward 
copies  thereof,  with  the  field-notes,  records,  and  other  papers  pertaining 
to  said  titles,  to  the  Commissioner  of  the  General  Land  Office;  and  there- 
after grants  of  land  and  patents  therefor  shall  be  issued  in  such  man-     Proceedings 
ner  as  the  legislative  authorities  of  said  nations  may  provide  for  all  the  afterwards, 
unselected  portions  of  the  Choctaw  and  Chickasaw  districts  as  defined 
by  the  treaty  of  June  twenty- second,  eighteen  hundred  and  fifty-five. 

ART.  XXXII I.  All  lands  selected  as  herein  provided  shall  thereafter  Selected  lands 
be  held  in  severally  by  the  respective  parties,  and  the  unselected  land  to  be  held  in  sev- 
shall  be  the  common  property  of  the  Choctaw  and  Chickasaw  nations, 
in  their  corporate  capacities,  subject  to  the  joint  control  of  their  legis- 
lative  authorities. 

ART.  XXXIV.  Should  any  Choctaw  or  Chickasaw  be  prevented  from  Those  prevent- 
selecting  for  him  or  herself  during  the  the  ninety  days  aforesaid,  the  ed  from  selecting 
failure  to  do  so  shall  not  authorize  another  to  select  the  quarter-section  in  nil|ety  day8 
containing  his  improvement,  but  he  may  at  any  time  make  his  selec-  6  ° 

tion  thereof,  subject  to  having  his  boundaries  made  to  conform  to  legal 
divisions  as  aforesaid. 


728  INDIAN    TERRITORY. 

Selections  after     ART.  XXXV.  Should  the  selections  aforesaid  not  be  made  before  the 

transfer  of  land  transfer  of  the  land  records  to  the  executive  authorities  of  said  nations, 

records.  respectively,  they  shall  be  made  according  to  such  regulations  as  the 

legislative  authorities  of  the  two  nations,  respectively,  may  prescribe, 

to  the  end  that  full  justice  and  equity  may  be  done  to  the  citizens  of 

the  respective  Territories. 

Selected    land     ART.  XXXVI.  Should  any  land  that  has  been  selected  under  the  pro- 
abandoned    for  visions  of  this  treaty  be  abandoned  and  left  uncultivated  for  the  space 
86Vt\cear  avIS  of  seven  years  by  the  party  selecting  the  same,  or  his  heirs,  except  in 
rented,  &c.          the  case  of  infants  under  the  age  of  twenty-one  years,  or  married  wo- 
men, or  persons  non  compos  mentis,  the  legislative  authorities  of  the 
nation  where  such  land  lies  may  either  rent  the  same  for  the  benefit  of 
those  interested,  or  dispose  of  the  same  otherwise  for  their  benefit,  and 
may  pass  all  laws  necessary  to  give  effect  to  this  provision. 

Inconsi  s  t  e  n  t     ART.  LI.  It  is  further  agreed  that  all  treaties  and  parts  of  treaties  in- 
herewith  be,  and  the  same  are  hereby,  declared   null  and 
void. (&) 

(a)  See  Nos.  1121, 1730, 1731, 1732, 1734, 1735, 1736, 1737, 1738, 1739. 

(b)  See  Nos.  1716, 1717, 1729, 1730. 

July  25, 1866.     jyo.  1734.— AN  ACT  granting  lands  to  the  State  of  Kansas  to  aid  in  the  construe- 
Vol.  14,  p.  236.         tion  Of  the  Kansas  and  Neoslio  Valley  Railroad  and  its  extension  to  Red  River. 

[Right  of  way  granted  through  the  Indian  Territory  where  such  right 
is  reserved  to  the  United  States.    See  KANSAS,  No.  2022.] 


July  26, 18C6.  No.  1735.— AN  ACT  granting  lands  to  the  State  of  Kansas  to  aid  in  the  construe- 
VoL  14,  p.  289.  tion  of  a  southern  branch  of  the  Union  Pacific  Railway  and  Telegraph,  from  Fort 
Riley,  Kansas,  to  Fort  Smith,  Arkansas. 

[Right  of  way,  &c.,  granted  through  Indian  Territory.    See  KANSAS, 
No.  2023.] 

July  27, 1866.  No.  1736.— AN  ACT  granting  lands  to  aid  in  the  construction  of  a  railroad  and 
VoL  14,  p.  292.  telegraph  line  from  the  States  of  Missouri  and  Arkansas  to  the  Pacific  coast. 

[Authorized  to  construct  railroad  through  Indian  Territory.    See  MIS- 
SOURI, No.  1121.] 

July  19, 1866.  No.  1737.— TREATY  between  the  United  States  of  America  and  the  Cherokee 

Proclamation,  nation  of  Indians. 

Aug.  11, 1866.  *•                    *                    *                    #                     *                     *                     * 

VoL  14,  p.  799.  ART   XI   The  Cherokee  nation  hereby  grant  a  right  of  way  not  ex- 


Right  of  way  ceeding  two  hundred  feet  wide,  except  at  stations,  switches,  water- 
for  railroads.  stations,  or  crossing  of  rivers,  where  more  may  be  indespensable  to  the 
full  enjoyment  of  the  franchise  herein  granted,  and  then  only  two  hun- 
dred additional  feet  shall  be  taken,  and  only  for  such  length  as  may  be 
absolutely  necessary,  through  all  their  lands,  to  any  company  or  cor- 
poration which  shall  be  duly  authorized  by  Congress  to  construct  a  rail- 
road from  any  point  north  to  any  part  south,  and  from  any  point  east 
to  any  point  west  of,  and  which  may  pass  through,  the  Cherokee  na- 
tion. Said  company  or  corporation,  and  their  employe's  and  laborers, 
while  constructing  and  repairing  the  same,  and  in  operating  the  said 
road  or  roads,  including  all  necessary  agents  on  the  line,  at  stations, 
switches,  water-tanks,  and  all  others  necessary  to  the  successful  opera- 
tion of  a  railroad,  shall  be  protected  in  the  discharge  of  their  duties, 
and  at  all  times  subject  to  the  Indian  intercourse  laws,  now  or  which 

may  hereafter  be  enacted  and  be  in  force  in  the  Cherokee  nation,  (a) 

******* 

Lands  for  mis-     ART.  XIV.  The  ri^ht  to  the  use  and  occupancy  of  a  quantity  of  land  not 

educational  &ur  excee(ling  one  hundred  and  sixty  acres,  to  be  selected  according  to  legal 

poses.  'subdivisions  in  one  body,  and  to  include  their  improvements,  and  not 

including  the  improvements  of  any  member  of  the  Cherokee  nation,  is 

hereby  granted  to  every  society  or  denomination  which  has  erected,  or 

which  with  the  consent  of  the  national  council  may  hereafter  erect, 

buildings  within  the  Cherokee  country  for  missionary  or  educational 

purposes.     But  no  land  thus  granted,  nor  buildings  which  have  been  or 

may  be  erected  thereon,  shall  ever  be  sold  or  [otherwise  disposed  of  ex- 


INDIAN   TERRITORY.  729 

cept  with  the  consent  and  approval  of  the  Cherokee  national  council 
and  the  Secretary  of  the  Interior.  And  whenever  any  such  lands  or 
buildings  shall  be  sold  or  disposed  of,  the  proceeds  thereof  shall  be  ap- 
plied by  said  society  or  societies  for  like  purposes  within  said  nation, 
subject  to  the  approval  of  the  Secretary  of  the  Interior. 

*  *  *  *  *  *  * 

ART.  XVI.  The  United  States  may  settle  friendly  Indians  in  any  part    where    the 
of  the  Cherokee  country  west  of  96°,  to  be  taken  in  a  compact  form  in  United  States 
quantity  not  exceeding  one  hundred  and  sixty  acres  for  each  member  ?.ayn  *»*!£** 
of  each  of  said  tribes  thus  to  be  settled ;  the  boundaries  of  each  of  said Ir 
districts  to  be  distinctly  marked,  and  the  land  conveyed  in  fee-simple 
to  each  of  said  tribes  to  be  held  in  common  or  by  their  members  in  sev- 
eralty  as  the  United  States  may  decide. 

Said  lands  thus  disposed  of  to  be  paid  for  to  the  Cherokee  nation  at    Lands, 
such  price  as  may  be  agreed  on  between  the  said  parties  in  interest,  sub- 
ject to  the  approval  of  the  President ;  and  if  they  should  not  agree,  then 
the  price  to  be  fixed  by  the  President. 

The  Cherokee  nation  to  retain  the  right  of  possession  of  and  jurisdic-     Possession  and 
tion  over  all  of  said  country  west  of  96°  of  longitude  until  thus  sold  and  jurisdiction  over 
occupied,  after  which  their  jurisdiction  and  right  of  possession  to  ter- 8U 
inmate  forever  as  to  each  of  said  districts  thus  sold  and  occupied. 

ART.  XVII.  The  Cherokee  nation  hereby  cedes,  in  trust  to  the  United  Cession  of  lands 
States,  the  tract  of  land  in  the  State  of  Kansas  which  was  sold  to  the  ^  .  Aan£a?  J° 
Cherokees  by  the  United  States,  under  the  provisions  of  the  second  arti- 
cle  of  the  treaty  of  1835;  and  also  that  strip  of  the  land  ceded  to  the 
nation  by  the  fourth  article  of  said  treaty  which  is  included  in  the  State 
of  Kansas,  and  the  Cherokees  consent  that  said  lands  may  be  included 
in  the  limits  and  jurisdiction  of  the  said  State. 

The  lands  herein  ceded  shall  be  surveyed  as  the  public  lands  of  the     To  be  surveyed 
United  States  are  surveyed,  under  the  direction  of  the  Commissioner  of  and  appraised, 
the  General  Land  Office,  and  shall  be  appraised  by  two  disinterested 
persons,  one  to  be  designated  by  the  Cherokee  national  council  and  one 
by  the  Secretary  of  the  Interior,  and,  in  case  of  disagreement,  by  a  third 
person,  to  be  mutually  selected  by  the  aforesaid  appraisers.    The  ap- 
praisement to  be  not  less  than  an  average  of  one  dollar  and  a  quarter 
per  acre,  exclusive  of  improvements. 

And  the  Secretary  of  the  Interior  shall,  from  time  to  time,  as  such  .To  be  sold  to 
surveys  and  appraisements  are  approved  by  him,  after  due  advertise-  highest  bidder, 
ments  for  sealed  bids,  sell  such  lands  to  the  highest  bidders  for  cash, 
in  parcels  not  exceeding  one  hundred  and  sixty  acres,  and  at  not  less 
than  the  appraised  value :  Provided,  That  whenever  there  are  improve-  Proviso, 
ments  of  the  value  of  fifty  dollars  made  on  the  lands  not  being  mineral, 
and  owned  and  personally  occupied  by  any  person  for  agricultural  pur- 
poses at  the  date  of  the  signing  hereof,  such  person  so  owning,  and  in 
person  residing  on  such  improvements,  shall,  after  due  proof,  made 
under  such  regulations  as  the  Secretary  of  the  Interior  may  prescribe, 
be  entitled  to  buy,  at  the  appraised  value,  the  smallest  quantity  of 
land  in  legal  subdivisions,  which  will  include  his  improvements,  not 
exceeding  in  the  aggregate  one  hundred  and  sixty  acres ;  the  expenses 
of  the  survey  and  appraisement  to  be  paid  by  the  Secretary  out  of  the 
proceeds  of  sale  of  said  land :  Provided,  That  nothing  in  this  article  shall  Proviso, 
prevent  the  Secretary  of  the  Interior  from  selling  the  whole  of  said 
lands  not  occupied  by  actual  settlers  at  the  date  of  the  ratification  of 
this  treaty,  not  exceeding  one  hundred  and  sixty  acres  to  each  person 
entitled  to  pre-emption  under  the  pre-emption  laws  of  the  United 
States,  in  a  body,  to  any  responsible  party,  for  cash,  for  a  sum  not  less 
than  one  dollar  per  acre. 

******* 

ART.  XXI.  It  being  difficult  to  learn  the  precise  boundary  line  between     United   States 
the  Cherokee  country  and  the  States  of  Arkansas,  Missouri,  and  Kan- to  run  boundary 
sas,  it  is  agreed  that  the  United  States  shall,  at  its  own  expense,  cause  ^ and^htrokee 
the  same  to  be  run  as  far  west  as  the  Arkansas,  and  marked  by  perma-  country, 
nent  and  conspicuous  monuments,  by  two  commissioners,  one  of  whom 
shall  be  designated  by  the  Cherokee  national  council. 

***•>•*** 

ART.  XXVI.  The  United  States  guarantee  to  the  people  of  the  Cher-  Possession 
okee  nation  the  quiet  and  peaceable  possession  of  their  country  and  guaranteed  to 
protection  against  domestic  feuds  and  insurrections,  and  against  hos-  Cnerokee  nation, 
tilities  of  other  tribes.  They  shall  also  be  protected  against  inter[rjup- 


730  INDIAN    TERRITORY. 

tions  or  intrusion  from  all  unauthorized  citizens  of  the  United  States 
who  may  attempt  to  settle  on  their  lands  or  reside  in  their  territory. 
In  case  of  hostilities  among  the  Indian  tribes,  the  United  States  agree 
that  the  party  or  parties  commencing,  the  same  shall,  so  far  as  practi- 
cable, make  reparation  for  the  damages  done. 

Eights  of  Uni-  ART.  XXVII.  The  United  States  shall  have  the  right  to  establish  one  or 
ted  States  to  es-  more  military  posts  or  stations  in  the  Cherokee  nation,  as  may  be 
c  tory  deemed  necessary  for  the  proper  protection  of  the  citizens  of  the  United 
States  lawfully  residing  therein  and  the  Cherokees  and  other  citizens 
of  the  Indian  country.  But  no  sutler  or  other  person  connected  there- 
with, either  in  or  out  of  the  military  organization,  shall  be  permitted 
to  introduce  any  spirit[u]ous.  vinous,  or  malt  liquors  into  the  Cherokee 
nation,  except  the  medical  department  proper,  and  by  them  only  for 
strictly  medical  purposes.  And  all  persons  not  in  the  military  service 
of  the  United  States,  not  citizens  of  the  Cherokee  nation,  are  to  be  pro- 
hibited from  coming  into  the  Cherokee  nation,  or  remaining  in  the 
same,  except  as  herein  otherwise  provided ;  and  it  is  the  duty  of  the 
United  States  Indian  agent  for  the  Cherokees  to  have  such  persons,  not 
lawfully  residing  or  sojourning  therein,  removed  from  the  nation,  as  they 
now  are,  or  hereafter  may  be,  required  by  the  Indian  intercourse  laws  of 
the  United  States. 

******* 

Provisions  of  ART.  XXXI.  All  provisions  of  treaties  heretofore  ratified  and  in  force, 
former  treaties,  an(j  no^  inconsistent  with  the  provisions  of  this  treaty,  are  hereby  reaf- 
firmed  and  declared  to  be  in  full  force ;  and  nothing  herein  shall  be  con- 
strued as  an  acknowledgment  by  the  United  States,orasarelinquishment 
by  the  Cherokee  nation  of  any  claims  or  demands  under  the  guarantees  of 
former  treaties,  except  as  herein  expressly  provided,  (b) 

(a)  See  Nos.  1121, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1738, 1739. 

(b)  See  Nos.  1715, 1718, 1724, 1728, 1750. 


June  14. 1866.  No.  1738.— TREATY  of  cession  and  indemnity  concluded  at  the  city  of  Washing- 
Proclamation,  ton  on  the  fourteenth  day  of  June,  in  the  year  of  our  Lord  one  thousand  eight  huii- 
Aug.  11,  1866.  dred  and  sixty-six,  by  arid  between  the  United  States,  represented  by  Dennis  Jf. 
Vol.  14,  p.  785.  Cooley,  Commissioner  of  Indian  Affairs,  Elijah  Sells,  superintendent  of  Indian  af- 

fairs  for  the  southern  superintendencv,  and  (Jol.  Ely  S.  Parker,  special  commissioner, 

and  the  Creek  nation  of  Indians,  represented  by  Ok-tars-sars-harjo,  or  Sands ;  Cow- 
e-to-me-co  and  Che-chu-chee,  delegates  at  large,  and  D.  X.  Mclntosh  and  James 
Smith,  special  delegates  of  the  Southern  Creeks. 

******* 

Cession  of  lands     ART.  III.  In  compliance  with  the  desire  of  the  United  States  to  locate 

to    the    United  other  Indians  and  freedmen  thereon,  the  Creeks  hereby  cede  and  convey 

to  the  United  States,  to  be  sold  to  and  used  as  homes  for  such  other 

civilized  Indians  as  the  United  States  may  choose  to  settle  thereon,  the 

west  half  of  their  entire  domain,  to  be  divided  by  a  line  running  north 

and  south ;  the  eastern  half  of  said  Creek  lands,  being  retained  by  them 

shall,  except  as  herein  otherwise  stipulated,  be  forever  set  apart  as  a 

P  ay  m  e  n  t  s  home  for  said  Creek  nation  ;  and  in  consideration  of  said  cession  of  the 

mode  of  pVv  -  west  half  of  tneir  lands,  estimated  to  contain  three  millions  two  hundred 

ment.  and  fifty  thousand  five  hundred  and  sixty  acres,  the  United  States  agree 

to  pay  the  sum  of  thirty  (30)  cents  per  acre,  amounting  to  nine  hundred 

and  seventy-five  thousand  one  hundred  and  sixty-eight  dollars,  in  the 

manner  hereinafter  provided. 

******* 

Eight  of  way  ART.  V.  The  Creek  nation  hereby  grant  a  right  of  way  through  their 
for  a  lands,  to  the  Choctaw  and  Chickasaw  country,  to  any  company  which 
shall  be  duly  authorized  by  Congress,  and  shall,  with  the  express  consent 
and  approbation  of  the  Secretary  of  the  Interior,  undertake  to  construct  a 
railroad  from  any  point  north  of  to  any  point  in  or  south  of  the  Creek 
country,  and  likewise  from  any  point  on  their  eastern  to  their  western 

Conditions.  or  southern  boundary,  but  said  railroad  company,  together  with  all  its 
agents  or  employe's,  shall  be  subject  to  the  laws  of  the  United  States 
relating  to  intercourse  with  Indian  tribes,  and  also  to  such  rules  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  the  Interior  for 

Lands  will  be  that  purpose,  and  the  Creeks  agree  to  sell  to  the  United  States,  or  any 
company  duly  authorized  as  aforesaid,  such  lauds  not  legally  owned  or 
occupied  by  a  member  or  members  of  the  Creek  nation,  lying  along  the 
line  of  said  contemplated  railroad,  not  exceeding  on  each  side  thereof  a 


INDIAN   TERRITORY.  731 

belt  or  strip  of  land  three  miles  in  width,  at  such  price  per  acre  as  may 
be  eventually  agreed  upon  between  said  Creek  nation  and  the  party  or 
parties  building  said  road,  subject  to  the  approval  of  the  President  of 
the  United  States:  Provided,  however,  That  said  land  thus  sold  shall  not  Proviso, 
be  reconveyed,  leased,  or  rented  to,  or  be  occupied  by  any  one  not  a  citi- 
zen of  the  Creek  nation,  according  to  its  laws  and  recognized  usages  : 
Provided,  also,  That  officers,  servants,  and  employe's  of  said  railroad 
necessary  to  its  construction  and  management,  shall  not  be  excluded 
from  such  necessary  occupancy,  they  being  subject  to  the  provisions  of 
the  Indian  intercourse  law  and  such  rules  and  regulations  as  may  be  es- 
tablished by  the  Secretary  of  the  Interior,  nor  shall  any  conveyance  of 
any  of  said  lands  be  made  to  the  party  building  and  managing  said  road 
until  its  completion  as  a  first-class  railroad,  and  its  acceptance  as  such 
by  the  Secretary  of  the  Interior,  (a) 

#  ****** 

ART.  VII.  The  Creeks  hereby  agree  that  the  Seminole  tribe  of  Indians     Semlnoles  may 
may  sell  and  convey  to  the  United  States  all  or  any  portion  of  the  convey  to  the 
Seminole  lands,  upon  such  terms  as  may  be  mutually  agreed  upon  by  United  States, 
and  between  the  Seminoles  and  the  United  States. 

ART.  VIII.  It  is  agreed  that  the  Secretary  of  the  Interior  forthwith     Line  'dividing 
cause  the  line  dividing  the  Creek  country,  as  provided  for  by  the  terms  the  Creek  coun- 
of  the  sale  of  Creek  lands  to  the  United  States  in  article  third  of  this  tr/ tobe  survey- 
treaty,  to  be  accurately  surveyed  under  the  direction  of  the  Commis-  e  ' 
sioner  of  Indian  Affairs,  the  expenses  of  which  survey  shall  be  paid  by 
the  United  States. 

******* 

ART.  XIII.  A  quantity  of  land  not  exceeding  one  hundred  and  sixty     Lands  granted 
acres,  to  be  selected  according  to  legal  subdivisions,  in  one  body,  and  for  missionary  or 
to  include  their  improvements,  is  hereby  granted  to  every  religious  educational  P1^- 
society  or  denomination  which  has  erected,  or  which,  with  the  consent  soW Except  &o^ 
of  the  Indians,  may  hereafter  erect  buildings  within  the  Creek  country  when  sold,'  pro' 
for  missionary  or  educational  purposes ;  but  no  land  thus  granted  nor  ceeds  to  be  how 
the  buildings  which  have  been  nor  may  be  erected  thereon  shall  ever 
be  sold  or  otherwise  disposed  of,  except  with  the  consent  and  approval 
of  the  Secretary  of  the  Interior ;  and  whenever  any  such  lands  or  build- 
ings shall  be  so  sold  or  disposed  of,  the  proceeds  thereof  shall  be  ap- 
plied, under  the  direction  of  the  Secretary  of  the  Interior,  to  the  sup- 
port and  maintenance  of  other  similar  establishments  for  the  benefit  of 
the  Creeks  and  such  other  persons  as  may  be  or  may  hereafter  become 
members  of  the  tribe  according  to  its  laws,  customs,  and  usages;  and 
if  at  any  time  said  improvements  shall  be  abandoned  for  one  year  for 
missionary  or  educational  purposes,  all  the  rights  herein  granted  for 
missionary  and  educational  purposes  shall  revert  to  the  said  Creek 
nation. 

ART.  XIV.  It  is  further  agreed  that  all  treaties  heretofore  entered    Inconsistent 
into  between  the  United  States  and  the  Creek  nation  which  are  incon-  treaty  provisions- 
sistent  with  any  of  the  articles  or  provisions  of  this  treaty  shall  be,  annulled, 
and  are  hereby,  rescinded  and  annulled.  (&)     *     *     *     . 

(a)  See  Nos.  1121,  1730,  1731,  1732,  1733,  1734,  1735,  1736,  1737,  1739. 
(6)  See  Nos.  1720,  1725,  1731,  1750,  1752. 


No.  1739.— ARTICLES  of  a  treaty  made  and  concluded  at  Washington,  D.  C.,  March  21, 1866. 

March  21,  A.  D.  1866,  between  the  United  States  Government,  by  its  commission-  Proclamation, 

era,  D.N.  Cooley,  Commissioner  of  Indian  Affairs,  Elijah  Sells,  Superintendent  of  Aug.  16,  1866, 

Indian  Affairs,  and  Ely  S.  Parker,  and  the  Seminole  Indians,  by  their  chiefs,  John  Vol.  14,  p.  755. 
Chup-co,  or  Long  John,  Cho-cote-harjo,  Fos-ha[r]-jo,  John  F.  Brown. 

******* 

ART.   III.  In  compliance  with  the  desire  of  the  United  States  to     Cession  of 
locate  other  Indians  and  freedmen  thereon,  the  Seminoles  cede  and  land  a    to    the 
convey  to  the  United  States  their  entire  domain,  being  the  tract  of  United  States, 
land  ceded  to  the  Seminole  Indians  by  the  Creek  nation  under  the  pro- 
visions of  article  first,  treaty  of  the  United  States  with  the  Creeks  and 
Seminoles,  made  and  concluded  at  Washington,  D.  C.,  August  7,  1856. 
In  consideration  of  said  grant  and  session  of  their  lands,  estimated  at     Payment  by 
two  million  one  hundred  and  sixty-nine  thousand  and  eighty  acres,  the  the    United 
United  States  agree  to  pay  said  Seminole  nation  the  sum  of  three  hun-  states. 
died  and  twenty-five  thousand  three  hundred  and  sixty-two  dollars, 
said  purchase  being  at  the  rate  of   fifteen  cents  per  acre.    The  United    Grant  to  the 
States  having  obtained  by  grant  of  the  Creek  nation  the  westerly  half  Seminoles. 


732  INDIAN   TERRITORY. 

of  their  lands,  hereby  grant  to  the  Seminole  nation  the  portion  thereof 
hereafter  described,  which  shall  constitute  the  national  domain  of  the 

Boundaries.  Seminole  Indians.  Said  lands  so  granted  by  the  United  States  to  the 
Seminole  nation  are  bounded  and  described  as  follows,  to  wit :  Be- 
ginning on  the  Canadian  River  where  the  line  dividing  the  Creek  lands 
according  to  the  terms  of  their  sale  to  the  United  States  by  their  treaty 
of  February  6,  1866,  following  said  line  due  north  to  where  said  line 
crosses  the  north  fork  of  the  Canadian  River ;  thence  up  said  north 
fork  of  the  Canadian  River  a  distance  sufficient  to  make  two  hundred 
thousand  acres  by  running  due  south  to  the  Canadian  River ;  thence 

Payment  there-  down  said  Canadian  River  to  the  place  of  beginning.  In  consideration 
for.  of  said  cession  of  two  hundred  thousand  acres  of  land  described  above, 

the  Seminole  nation  agrees  to  pay  therefor  the  price  of  fifty  cents  per 
acre,  amounting  to  the  sum  of  oce  hundred  thousand  dollars,  which 
amount  shall  be  deducted  from  the  sum  paid  by  the  United  States  for 
Seminole  lands  under  the  stipulations  above  written. 

******* 

Eight  of  way  ART.  V.  The  Seminole  nation  hereby  grant  a  right  of  way  through 
f°r  t'd"  throueh *keir  lands  to  any  company  which  shall  be  duly  authorized  by  Congress, 
the  land  of  the  and  shall,  with  the  express  consent  and  approbation  of  the  Secretary  of 
Seminoles.  the  Interior,  undertake  to  construct  a  railroad  from  any  point  on  their 

eastern  to  their  western  or  southern  boundary  ;  but  said  railroad  com- 
pany, together  with  all  its  agents  and  employe's,  shall  be  subject  to  the 
laws  of  the  United  States  relating  to  the  intercourse  with  Indian  tribes, 
and  also  to  such  rules  and  regulations  as  may  be  prescribed  by  the  Sec- 
Lands  will  he  retary  of  the  Interior,  for  that  purpose.  And  the  Seminoles  agree  to 
sell  to  the  United  States,  or  any  company  duly  authorized  as  aforesaid, 
such  lands  not  legally  owned  or  occupied  by  a  member  or  members  of 
the  Seminole  nation  lying  along  the  line  of  said  contemplated  railroad, 
not  exceeding  on  each  side  thereof  a  belt  or  strip  of  land  three  miles  in 
width,  at  such  price  per  acre  as  may  be  eventually  agreed  upon  between 
said  Seminole  nation  and  the  party  or  parties  building  said  road — 
subject  to  the  approval  of  the  President  of  the  United  States  :  Provided, 
however,  That  said  land  thus  sold  shall  not  be  reconveyed,  leased,  or 
.  rented  to,  or  be  occupied  by,  any  one  not  a  citizen  of  the  Semiuole 

Proviso.  nation,  according  to  its  laws  and  recognized  usages :  Provided,  also, 

That  officers,  servants,  and  employe's  of  said  railroad  necessary  to 
its  construction  and  management  shall  not  be  excluded  from  such  neces- 
sary occupancy,  they  being  subject  to  the  provisions  of  the  Indian  inter- 
course laws,  and  such  rules  and  regulations  as  may  be  established  by 
the  Secretary  of  the  Interior ;  nor  shall  any  conveyance  of  said  lands 
be  made  to  the  party  building  and  managing  said  road,  until  its  com- 
pletion as  a  first  class  railroad  and  its  acceptance  as  such  by  the  Secre- 
tary of  the  Interior,  (a) 

*****  *  * 

for  missionary     ART.  X.  A  quantity  of  land  not  exceeding  six  hundred  and  forty 

or  educational  acres,  to  be  selected  according  to  legal  subdivisions,  in  one  body,  and 

purposes.  which  shall  include  their  improvements,  is  hereby  granted  to  every 

religious  society  or  denomination  which  has  erected,  or  which,  with  the 

N  ttob       Id  consen*  °^  ^ne  iDdlans,  may  hereafter  erect,  buildings  within  the  Sem- 

except,  &c6  8°    '  in°le  country  for  missionary  or  educational  purposes ;  but  no  laud  thus 

granted,  nor  the  buildings  which  have  been  or  may  be  erected  thereon, 

shall  ever  be  sold  or  otherwise  disposed  of  except  with  the  consent  and 

When  s o  1  d,  approval  of  the  Secretary  of  the  Interior.    And  whenever  any  such 

proceeds    to    he  land  or  buildings  shall  be  sold  or  disposed  of,  the  proceeds  thereof  shall 

how  applied.        be  applied,  under  the  direction  of  the  Secretary  of  the  Interior,  to  the 

support  and  maintenance  of  other  similar  establishments  for  the  benefit 

of  the  Seminoles  and  such  other  persons  as  may  be,  or  may  hereafter 

become,   members  of  the  tribe  according  to  its  laws,  customs,  and 

treaty  provisions     ART.  XI.  It  is  further  agreed  that  all  treaties  heretofore  entered  into 
annulled.  between  the  United  States  and  the  Seminole  nation  which  are  incon- 

sistent with  any  of  the  articles  or  provisions  of  this  treaty  shall  be,  and 
are  hereby,  rescinded  and  annulled.  (&) 

(a)  See  Xos.  1121, 1730, 1731, 1732, 1733, 1734, 1735, 1736, 1737, 1738 
(&)  See  Nos.  1725, 1731, 1750, 1752. 


INDIAN   TERRITORY.  733 

No.  1740.—  ARTICLES  of  agreement   concluded  at  Washington,  D.  C.,  on  the     Feb.  27,  1867. 
twenty-seventh  day  of  February,  1867,  between  the  United  States,  represented  by     Proclamation, 
'  ial  commis-     Aug.  7,  1868. 

Vol.  15,  p.  531. 


sented  by  their  chiefs,  braves,  and  head-men,  to  wit:  Mazhee,  Mianco,  Shawgwe, 
B.  H.  Bertrand,  J.  N.  Bourassa,  M.  B.  Beaubien,  L.  H.  Ogee,  and  G-.  L.  Young. 

Whereas  the  Pottawatomies  believe  that  it  is  for  the  interest  of  their  Preamble. 
tribe  that  a  home  should  be  secured  for  them  in  the  Indian  country 
south  of  Kansas,  while  there  is  yet  an  opportunity  for  the  selection  of 
a  suitable  reservation  ;  and  whereas  the  tribe  has  the  means  of  pur- 
chasing such  reservation  from  funds  to  arise  from  the  sale  of  lands 
under  the  provisions  of  this  treaty,  without  interfering  with  the  ex- 
clusive rights  of  those  of  their  people  who  hold  their  lands  in  common 
to  the  ownership  of  their  diminished  reserve,  held  by  them  in  common, 
or  with  their  right  to  receive  their  just  proportion  of  the  moneys  aris- 
ing from  the  sale  of  unallotted  lands,  known  as  surplus  lands  :  Now, 
therefore,  it  is  agreed  — 

ARTICLE  I.    It  being  the  intention  of  the  Government  that  a  commis-     commission  to 
sion  shall  visit  the  Indian  country  as  soon  as  practicable  after  the  rati-  select  a  reserva- 
fication  of  the  treaties  contemplating  the  removal  of  certain  tribes  tion. 
from  Kansas,  accompanied  by  delegates  from  the  several  tribes  propos- 
ing to  remove,  it  is  agreed  that  a  delegation  of  the  Pottawatomies  may 
accompany  said  commission  in  order  to  select,  if  possible,  a  suitable 
location  for  their  people  without  interfering  with  the  locations  made 
for  other  Indians  ;  and  if  such  location  shall  be  found  satisfactory  to 
the  Pottawatomies,  and  approved  by  the  Secretary  of  the  Interior,  such 
tract  of  land,  not  exceeding  thirty  miles  square,  shall  be  set  apart  as  a    Extent  of  reser- 
reservation  for  the  exclusive  use  and  occupancy  of  that  tribe  ;  and  vation. 
upon  the  survey  of  its  lines  and  boundaries,  and  ascertaining  of  its 
area,  and  payment  to  the  United  States  for  the  same,  as  hereinafter 
mentioned  and  set  forth,  the  said  tract  shall  be  patented  to  the  Potta- 
watomie nation  :  Provided,  That  if  the  said  Pottawatomies  shall  prefer    Proviso. 
to  select  a  new  home  among  the  Cherokees,  by  agreement  with  the  said 
Cherokees  for  a  price  within  the  means  of  the  Pottawatomies,  the  Gov- 
ernment will  confirm  such  agreement. 

ART.  II.    In  case  the  new  reservation  shall  be  selected  upon  the    price  of  reser- 
lands  purchased  by  the  Government  from  the  Creeks,  Seminoles,  or  ration,  &c. 
Choctaws,  the  price  to  be  paid  for  said  reservation  shall  not  exceed  the 
cost  of  the  same  to  the  Government  of  the  United  States  ;  and  the  sum 
to  be  paid  by  the  tribe  for  said  reservation  shall  be  taken  from  the 
amount  which  may  be  received  for  the  lands  which  were  offered  for 
sale  to  the  Leavenworth,  Pawnee,  and  Western  Railroad  Company, 
under  the  treaty  dated  November  fifteen,  eighteen  hundred  and  sixty- 
one,  which  amount  shall  be  the  common  property  of  the  tribe,  except 
the  Prairie  band,  who  shall  have  no  interest  in  said  reservation,  to  be    Prairie  band. 
purchased  as  aforesaid,  but  in  lieu  thereof  shall  receive  their  pro  rata 
share  of  the  proceeds  of  the  sale  of  said  land  in  money,  as  the  same  may 
be  received:   Provided,  That  if  the  United  States  shall  advance  the     Proviso. 
amount  necessary  to  purchase  the  said  reservation,  the  interest  due 
upon  the  deferred  payments  for  said  lands,  sold  as  hereinafter  provided, 
shall,  when  received  by  the  United  States,  be  retained  and  credited  to  said 
tribe  interested  in  said  reservation,  or  so  much  of  said  interest  as  may  be 
due  said  tribe  under  this  treaty  :  And  provided  further,  That  the  Leaven-     Atchison,  &c., 
worth,  Pawnee  and  Western  Railroad  Company,  their  successors  and  Railroad  Coni- 
assigns,  having  failed  to  purchase  said  lands,  the  Atchison,  Topeka  and  pany  may    pur- 
Santa  Fe~  Railroad  Company  may,  within  thirty  days  after  the  promulga-  ?fha|6  the  lands 
tion  of  this  treaty,  purchase  of  the  said  Pottawatomies  their  said  unal-    ' 
lotted  lands,  except  as  hereinafter  provided,  to  St.  Mary's  mission,  at  the 
price  of  one  dollar  per  acre,  lawful  money  of  the  United  States,  and  upon 
filing  their  bond  for  the  purchase  and  payment  of  said  lands  in  due  form,     Conditions  and 
to  be  approved  by  the  Secretary  of  the  Interior  within  the  time  above  terms  of  pur- 
named,  the  said  Secretary  of  the  Interior  shall  issue  to  the  last-named  ^eot    * 
railroad  company  certificates  of  purchase,  and  such  certificates  of  pur- 
chase shall  be  deemed  and  holden,  in  all  courts,  as  evidence  of  title  and 
possession  in  the  said  railroad  company  to  all  or  any  part  of  said  lands, 
unless  the  same  shall  be  forfeited  as  herein  provided.  The  said  purchase- 
money  shall  be  paid  to  the  Secretary  of  the  Interior  in  trust  for  said  In- 
dians within  five  years  from  the  date  of  such  purchase,  withinterest  at  the 
rate  of  six  per  cent  per  annum  on  all  deferred  payments,  until  the  whole 
purchase  money  shall  have  been  paid  ;  and  before  any  patents  shall  issue 


734 


INDIAN   TERRITORY. 


for  any  part  of  said  lands,  one  hundred  thousand  dollars  shall  be  de- 
posited with  the  Secretary  of  the  Interior,  to  be  forfeited  in  case  the 
whole  of  the  lands  are  not  paid  for  as  herein  provided ;  (said  money  may 
be  applied  as  the  payment  for  the  last  one  hundred  thousand  acres  of 
said  land;)  payments  shall  also  be  made  for  at  least  one-fourth  of  said 
unallotted  lands  at  the  rate  of  one  dollar  per  acre,  and  when  so  paid  the 
President  is  authorized  hereby  to  issue  patents  for  the  land  so  paid  for ; 
and  then  for  every  additional  part  of  said  land  upon  payment  of  one 
dollar  per  acre.  The  interest  on  said  purchase  money  shall  be  paid  an- 
nually to  the  Secretary  of  the  Interior  for  the  use  of  said  Indians.  If  the 
said  company  shall  fail  to  pay  the  principal  when  the  same  shall  become 
due,  or  to  pay  all  or  any  part  of  the  interest  upon  such  purchase  money 
within  thirty  dayi  after  the  time  when  such  payment  of  interest  shall 
fall  due,  then  this  contract  shall  be  deemed  and  held  absolutely  null  and 
void,  and  cease  to  be  binding  upon  either  of  the  parties  thereto,  and  said 
company  and  its  assigns  shall  forfeit  all  payments  of  principal  and  in- 
terest made  on  such  purchase,  and  all  right  and  title,  legal  and  equita- 
ble, of  any  kind  whatsoever,  in  and  to  all  and  every  part  of  said  lands 
which  shall  not  have  been,  before  the  date  of  such  forfeiture,  paid  for 
as  herein  provided :  Provided,  however,  That  in  case  any  of  said  lands 
have  been  conveyed  to  bona-fide  purchasers  by  said  Atchison,  Topeka 
and  Santa  F6  Railroad  Company,  such  purchasers  shall  be  entitled  to 
patents  for  said  land  so  purchased  by  them  upon  the  payment  of  one 
dollar  and  twenty- five  cents  per  acre  therefor,  under  such  rules  and 
regulations  as  may  be  prescribed  by  the  Secretary  of  the  Interior. 
Reservation  not  ART.  III.  After  such  reservation  shall  have  been  selected  and  set  apart 
to  be  included  in  for  the  Pottawatomies,  it  shall  never  be  included  within  the  jurisdiction 
any  btate,  &c.  of  any  gtato  or  Territory,  unless  an  Indian  Territory  shall  be  organized, 
as  provided  for  in  certain  treaties  made  in  eighteen  hundred  and  sixty- 
six  with  the  Choctaws  aud  other  tribes  occupying  the  "Indian  coun- 
try " ;  in  which  case,  or  in  case  of  the  organization  of  a  legislative  coun- 
cil or  other  body,  for  the  regulation  of  matters  affecting  the  relations 
of  the  tribes  to  each  other,  the  Pottawatomies  resident  thereon  shall 
have  the  right  to  representation,  according  to  their  numbers,  on  equal 
terms  with  other  tribes,  (a) 

*  *  *  *  *  *  # 

(a)  See  No.  1749. 

Oct.  28, 1867.  No.  1741.— ARTICLES  of  a  treaty  and  agreement  made  and  entered  into  at  the 
Proclamation,  council  camp  on  Medicine  Lodge  Creek,  seventy  miles  south  of  Fort  Lamed,  in  the 
Aug.  19,  1868.  State  of  Kansas,  on  the  twenty-eighth  day  of  October,  eighteen  hundred  and  sixty - 
VoL  15,  p.  593.  seven,  by  and  between  the  United  States  of  America,  represented  by  its  commis- 

sioners  duly  appointed  thereto,  to  wit:  Nathaniel  G.  Taylor,  William's.  Harney.C. 

C.  Auger,  Alfred  H.  Terry,  John  B.  Sanborn,  Samuel  F.  Tappan  and  John  B.  Hender- 
son, of  the  one  part,  and  the  Cheyenne  and  Arapahoe  tribes  of  Indians,  represented 
by  their  chiefs  and  head-men  duly  authorized  and  empowered  to  act  for  the  body  of 
the  people  of  said  tribes — the  names  of  said  chiefs  and  head-men  being  hereto  sub- 
scribed—of the  other  part,  witness  :— 

******* 

Reservation.  ART.  II.  The  United  States  agrees  that  the  following  district  of  coun- 
try, to  wit :  commencing  at  the  point  where  the  Arkansas  River  crosses 
the  37th  parallel  of  north  latitude,  thence  west,  on  said  parallel — the 
said  line  being  the  southern  boundary  of  the  State  of  Kansas — to  the 
Cimarone  River  (sometimes  called  the  Red  Fork  of  the  Arkansas  River), 
thence  down  said  Cimarone  River,  in  the  middle  of  the  main  channel 
thereof,  to  the  Arkansas  River ;  thence  up  the  Arkansas  River,  in  the 
middle  of  the  main  channel  thereof,  to  the  place  of  beginning,  shall  be 
and  the  same  is  hereby  set  apart  for  the  absolute  and  undisturbed  use 
and  occupation  of  the  Indians  herein  named,  and  for  such  other  friendly 
tribes  or  individual  Indians,  as  from  time  to  time  they  may  be  willing, 

Who  not  to  re-  with  the  cousent  of  the  United  States,  to  admit  among  them ;  and  the 
jon,  &c.  unite(i  states  now  solemnly  agrees  that  no  persons  except  those  herein 
authorized  so  to  do,  and  except  such  officers,  agents,  and  em  ploy  6s  of  the 
Government  as  may  be  authorized  to  enter  upon  Indian  reservations  in 
discharge  of  duties  enjoined  by  law,  shall  ever  be  permitted  to  pass  over, 
settle  upon,  or  reside  in  the  territory  described  in  this  article,  or  in  such 
territory  as  may  be  added  to  this  reservation  for  the  use  of  said  Indians. 

Reservation  to  ART.  III.  If  it  should  appear  from  actual  survey  or  other  examina- 
D6  er  if,  tion  of  gaid  tract  of  land^  that  it  CODtains  ie88  than  one  hundred  and 

sixty  acres  of  tillable  land  for  each  person,  who  at  the  time  may  be 
authorized  to  reside  on  it,  under  the  provisions  of  this  treaty,  and  a 


Boundaries. 


INDIAN   TERRITORY.  735 

very  considerable  number  of  such  persons  shall  be  disposed  to  commence 
cultivating  the  soil  as  farmers,  the  United  States  agrees  to  set  apart  for 
the  use  of  said  Indians  as  herein  provided,  such  additional  quantity  of 
arable  land  adjoining  to  said  reservation,  or  as  near  the  same  as  it  can 
be  obtained,  as  may  be  required  to  provide  the  necessary  amount. 

ART.  VI.  If  any  individual,  belonging  to  said  tribes  of  Indians,  or    Heads  of  fam. 
legally  incorporated  with  them,  being  the  head  of  a  family,  shall  desire  iiies  desiring  to 
to  commence  farming,  he  shall  have  the  privilege  to  select,  in  the  pres-  commence  farm- 
ence  and  with  the  assistance  of  the  agent  then  in  charge,  a  tract  of  land  }°f dsm|J  8elec* 
within  said  reservation  not  exceeding  three  hundred  and  twenty  acres 
in  extent,  which  tract  when  so  selected,  certified,  and  recorded  in  the 
land  book  as  herein  directed,  shall  cease  to  be  held  in  common,  but  the     Effect  of  such 
same  may  be  occupied  and  held  in  the  exclusive  possession  of  the  person  selection,  &c. 
selecting  it,  and  of  his  family,  so  long  as  he  or  they  may  continue  to 
cultivate  it.    Any  person  over  eighteen  years  of  age,  not  being  the  head    Per80ns     n  0 1 
of  a  family,  may  in  like  manner  select  and  cause  to  be  certified  to  him,  heads  of  families, 
or  her,  for  purposes  of  cultivation,  a  quantity  of  land  not  exceeding 
eighty  acres  in  extent,  and  thereupon  be  entitled  to  the  exclusive  pos- 
session of  the  same  as  above  directed. 

For  each  tract  of  land  so  selected,  a  certificate  containing  a  descrip-     Certificate    of 
tion  thereof,  and  the  name  of  the  person  selecting  it,  with  a  certificate  selection    to  be 
endorsed  thereon,  that  the  same  has  been  recorded,  shall  be  delivered     T^lfe  record 
to  the  party  entitled  to  it  by  the  agent,  after  the  same  shall  kave  been  ed. 
recorded  by  him  in  a  book  to  be  kept  in  his  office,  subject  to  inspection, 
which  said  book  shall  be  known  as  the  "Cheyenne  and  Arapahoe  land 
book."    The  President  may  at  any  time  order  a  survey  of  the  reserva-     Survey, 
tion,  and,  when  so  surveyed,  Congress  shall  provide  for  protecting  the 
rights  of  settlers  in  their  improvements,  and  may  fix  the  character  of 
the  title  held  by  each. 

The  United  States  may  pass  such  laws  on  the  subject  of  alienation  Alienation  and 
and  descent  of  property,  and  on  all  subjects  connected  with  the  govern-  descent  of  prop- 
mentof  the  Indians  on 'said  reservations,  and  thj  internal  police  thereof  erty' 

as  may  be  thought  proper. 

*  *     •  *  *  *  *  * 

ART.  XI.  In  consideration  of  the  advantages  and  benefits  conferred    Lands  outside 
by  this  treaty,  and  the  many  pledges  of  friendship  by  the  United  States,  of  reservation  re- 
the  tribes  who  are  parties  to  this  agreement  hereby  stipulate  that  they  linquished  to  the 
will  relinquish  all  right  to  occupy  permanently  the  territory  outside  of  Umte 
their  reservation  as  herein  defined,  but  they  yet  reserve  the  right  to  hunt    Eight  to  hunt 
on  any  lands  south  of  the  Arkansas  so  long  as  the  buffalo  may  range  reserved, 
thereon  in  such  numbers  as  to  justify  the  chase ;  and  no  white  settle-     Limit  to  white 
ments  shall  be  permitted  on  any  part  of  the  lands  contained  in  the  old  settlements, 
reservation  as  defined  by  the  treaty  made  between  the  United  States  and 
the  Cheyenne,  Arapahoe,  and  Apache  tribes  of  Indians,  at  the  mouth  of 
the  Little  Arkansas,  under  date  of  October  fourteenth,  eighteen  hundred 
and  sixty-five,  within  three  years  from  this  date.     *     *     *     . 

ART.  XII.  No  treaty  for  the  cession  of  any  portion  or  part  of  the    Cession  of  res- 
reservation  herein  described,  which  may  be  held  in  common,  shall  be  of  ervationnottobe 
any  validity  or  force  as  against  the  said  Indians  unless  executed  and  valid>  unless,  De- 
signed by  at  least  three-fourths  of  all  the  adult  male  Indians  occupying 
or  interested  in  the  same ;  and  no  cession  by  the  tribe  shall  be  understood 
or  construed  in  such  manner  as  to  deprive  without  his  consent,  any  in- 
dividual member  of  the  tribe  of  his  rights  to  any  tract  of  land  selected 
by  him  as  provided  by  Article  VI.  of  this  treaty,  (a) 

*#**#** 

(a)  See  No.  1746, 1750. 


No.  1742.— ARTICLES  of  a  treaty  and  agreement  made  and  entered  into  at  the     Oct.  21, 1867. 
council  camp,  on  Medicine  Lodge  Creek,  seventy  miles  south  of  Fort  Lamed,  in     Proclamation, 
the  State  of  Kansas,  on  the  twenty-first  day  of  October,  one  thousand  eight  hundred     Aug.  25, 1868. 
and  sixty-seven,  by  and  between  the  United  States  of  America,  represented  by  its     Vol.  15,  p.  581. 

commissioners  duly  appointed  thereto,  to  wit,  Nathaniel  G.  Taylor,  William  S.  Har- 

ney,  C.  C.  Augur,  Alfred  S.  [H.I  Terry,  John  D.  Sanborn,  Samuel  F.  Tappan,  and  J. 
B.  Henderson,  of  the  one  part,  and  the  confederated  tribes  of  Kiowa  and  C  omanche 
Indians,  represented  by  their  chiefs  and  head-men,  duly  authorized  and  empowered 
to  act  for  the  body  of  the  people  of  said  tribes,  (the  names  of  said  chiefs  and  head- 
men being  hereto  subscribed,)  of  the  other  part,  witness : 

******* 

ART.  II.  The  United  States  agrees  that  the  following  district  of  coun-  Reservation. 
try,  to  wit :  commencing  at  a  point  where  the  Washita  River  crosses  the  Boundaries. 
98th  meridian,  west  from  Greenwich ;  thence  up  the  Washita  River,  in 


736  INDIAN    TERRITORY. 

the  middle  of  the  main  channel  thereof,  to  a  point  thirty  miles,  by 
river,  west  of  Fort  Cobb,  as  now  established  ;  thence,  due  west  to  the 
north  fork  of  Red  River,  provided  said  line  strikes  said  river  east  of 
the  one  hundredth  meridian  of  west  longitude  ;  if  not,  then  only  to  said 
meridian  line,  and  thence  south,  on  said  meridian  line,  to  the  said  north 
fork  of  Red  River ;  thence  down  said  north  fork,  in  the  middle  of  the 
main  channel  thereof,  from  the  point  where  it  may  be  first  intersected 
by  the  lines  above  described,  to  the  main  Red  River;  thence  down  said 
river,  in  the  middle  of  the  main  channel  thereof  to  its  intersection  with 
the  ninety-eighth  meridian  of  longitude  west  from  Greenwich  ;  thence 
north,  on  said  meridian  line,  to  the  place  of  beginning,  shall  be  and 
the  same  is  hereby  set  apart  for  the  absolute  and  undisturbed  use  and 
occupation  of  the  tribes  herein  named,  and  for  such  other  friendly 
tribes  or  individual  Indians,  as,  from  time  to  time,  they  may  be  willing 
with  the  consent  of  the  United  States  to  admit  among  'them  ;  and 
Certain  p  e  r  -  the  United  States  now  solemnly  agrees  that  no  persons  except  those 
sons  not  to  enter  herein  authorized  so  to  do  and  except  such  officers,  agents,  and  employe's 
etnereon.  Q^  ^Q  Government  as  may  be  authorized  to  enter  upon  Indian  reserva- 
tion in  discharge  of  duties  enjoined  by  law,  shall  ever  be  permitted  to 
pass  over,  settle  upon,  or  reside  in  the  territory  described  in  this  arti- 
cle, or  in  such  territory  as  may  be  added  to  this  reservation,  for  the 
use  of  said  Indians. 

Additional ara-     ART.  III.  If  it  should  appear  from  actual  survey  or  other  satisfactory 

We  land    to  be  examination  of  said  tract  of  land,  that  it  contains  less  than  one  hundred 

added,  it,  &c.       an(j  8jx^y  acres  of  tillable  land,  for  each  person,  who  at  the  time  may  be 

authorized  to  reside  on  it  under  the  provisions  of  this  treaty,  and  a 

very  considerable  number  of  such  persons  shall  be  disposed  to  commence 

cultivating  the  soil  as  farmers,  the  United  States  agrees  to  set  apart 

for  the  use  of  said  Indians,  as  herein  provided,  such  additional  quantity 

of  arable  land  adjoining  to  said  reservation,  or  as  near  the  same  as 

it  can  be  obtained,  as  may  be  required  to  provide  the  necessary  amount. 

******* 

Heads  of  fami-     ART.  VI.  If  any  individual  belonging  to  said  tribes  of  Indians,  or 
j168   ™aY  8eJect  legally  incorporated  with  them,  being  the  head  of  a  family,  shall  desire 
lun^'  to  commence  farming,  he  shall  have  the  privilege  to  select,  in  the  pres- 
ence and  with  the  assistance  of  the  agent  then  in  charge,  a  tract  of  land 
within  said  reservation,  not  exceeding  three  hundred  and  twenty  acres 
in  extent,  which  tract,  when  so  selected,  certified,  and  recorded'  in  the 
"land  book"  as  herein  directed, shall  cease  to  be  held  in  common, but 
the  same  may  be  occupied  and  held  in  the  exclusive  possession  of  the 
person  selecting  it,  and  of  his  family  so  long  as  he  or  they  may  continue 
Others  may  se- to  cultivate  it.    Any  person  over  eighteen  years  of  age,  not  being  the 
lect  land  for  cul-  head  of  a  iamily,  may  in  like  manner  select  and  cause  to  be  certified  to 
him  or  her,  for  purposes  of  cultivation,  a  quantity  of  land  not  exceed- 
ing eighty  acres  in  extent,  and  thereupon,  be  entitled  to  the  exclusive 
possession  of  the  same  as  above  directed.     For  each  tract  of  land  so 
selected,  a  certificate,  containing  a  description  thereof  and  the  name  of 
the  person  selecting  it.  with  a  certificate  indorsed  thereon  that  the  same 
has  been  recorded,  shall  be  delivered  to  the  party  entitled  to  it,  by  the 
agent,  after  the  same  shall  have  been  recorded  by  him  in  a  book  to  be 
kept  in  his  office,  subject  to  inspection,  which  said  book  shall  be  known 
Surveys.  as  the  "  Kiowa  and  Comanche  land  book."    The  President  may,  at  any 

time,  order  a  survey  of  the  reservation,  and,  when  so  surveyed,  Con- 
gress shall  provide  for  protecting  the  rights  of  settlers,  in  their  improve- 
Alienation  and  ments,  and  may  fix  the  character  of  the  title  held  by  each.    The  United 
descent  of  prop-  States  may  pass  such  laws,  on  the  subject  of  alienation  and  descent  of 
property  and  on  all  subjects  connected  with  the  government  of  the  said 
Indians  on  said  reservations,  and  the  internal  police  thereof,  as  may  be 
thought  proper. 

******* 

Righttooccupy     ART.  XI.  In  consideration  of  the  advantages  and  benefits  conferred  by 

of^eie7vat¥odntbi8  treatv  and  the  many  pledges  of  friendship  by  the  United  States, 

surrendered.        tne  tribes  who  are  parties  to  this  agreement  hereby  stipulate  that  they 

will  relinquish  all  right  to  occupy  permanently  the  territory  outside  of 

their  reservation,  as  herein  defined,  but  they  yet  reserve  the  right  to 

Right  to  hunt  hunt  on  any  lands  south  of  the  Arkansas  River,  so  long  as  the  buffalo 

eserved.  may  range  thereon  in  such  numbers  as  to  justify  the  chase,  and  no  white 

settlements  shall  be  permitted  on  any  part  of  the  lands  contained  in  the 

old  reservation  as  defined  by  the  treaty  made  between  the  United  States 


INDIAN    TEEEITOEY. 


737 


and  the  Cheyenne,  Ara.pahoe,  and  Apache  tribes  of  Indians  at  the  mouth 
of  the  Little  Arkansas,  under  date  of  October  fourteenth,  one  thousand 
eight  hundred  and  sixty- five,  within  three  years  from  this  date.  * 

ART.  XII.  No  treaty  for  the  cession  of  any  portion  or  part  of  the  res- 
ervation herein  described,  which  may  be  held  in  common,  shall  be  of     No  treaty  for 
any  validity  or  force  as  against  the  said  Indians,  unless  executed  andcession  of  reseiv 
signed  by  at  least  three-fourths  of  all  the  adult  male  Indians  occupying  ™°n  to  be  valid 
the  same,  and  no  cession  by  the  tribe  shall  be  understood  or  construed 
in  such  manner  as  to  deprive,  without  his  consent,  any  individual  mem- 
ber of  the  tribe  of  his  rights  to  any  tract  of  land  selected  by  him  as 
provided  in  Article  VI.  of  this  treaty,  (a) 


(a)  See  Nos.  1732,  1743. 


Oct.  21,  1867. 
Proclamation, 
Aug.  25,  1868. 
Vol.  15,  p.  589. 


IVo.  1743.— ARTICLES  of  a  treaty  concluded  at  the  council  camp  on  Medicine 
Lodge  Creek,  seventy  miles  south  of  Fort  Lamed,  in  the  State  of  Kansas,  on  the 
twentv-first  day  of  October,  eighteen  hundred  and  sixty-seven,  by  and  between  the 
United  States  of  America,  represented  by  its  commissioners  duly  appointed  thereto, 
to  wit :  Nathaniel  G.  Taylor,  William  S-.  Harney,  C.  C.  Augur,  Alfred  S.  [H.j  Terry,  - 
John  B.  Sanborn.  Samuel  F.  Tappan,  and  J.  15."  Henderson,  of  the  one  part,  and  the 
Kiowa,  Comanche,  and  Apache  Indians,  represented  by  their  chiefs  and  head-men 
duly  authorized  and  empowered  to  act  for  the  body  of  the  people  of  said  tribes  . 

(the  names  of  said  chiefs  and  head-men  being  hereto  subscribed)  of  the  other  part, 
witness :  — 

Whereas,  on  the  twenty-first  day  of  October,  eighteen  hundred  and  Preamble, 
sixty-seven,  a  treaty  of  peace  was  made  and  entered  into  at  the  council 
camp,  on  Medicine  Lodge  Creek,  seventy  miles  south  of  Fort  Larned, 
in  the  State  of  Kansas,  by  and  between  the  United  States  of  America, 
by  its  commissioners  Nathaniel  G.  Taylor,  William  S.  Harney,  C.  C. 
Augur,  Alfred  H.  Terry,  John  B.  Sauborn,  Samuel  F.  Tappan,  and  J.  B. 
Henderson,  of  the  one  part,  and  the  Kiowa  and  Comanche  tribes  of  In- 
dians, of  the  Upper  Arkansas,  by  and  through  their  chiefs  and  head-men 
whose  names  are  subscribed  thereto,  of  the  other  part,  reference  being 
had  to  said  treaty ;  and  whereas,  since  the  making  and  signing  of  said 
treaty,  at  a  council  held  at  said  camp  on  this  day,  the  chiefs  and  head- 
men of  the  Apache  nation  or  tribe  of  Indians  express  to  the  commis- 
sioners on  the  part  of  the  United  States,  as  aforesaid,  a  wish  to  be  con- 
federated with  the  said  Kiowa  and  Comanche  tribes,  and  to  be  placed, 
in  every  respect,  upon  an  equal  footing  with  said  tribes ;  and  whereas, 
at  a  council  held  at  the  same  place  and  on  the  same  day,  with  the  chiefs 
and  headmen  of  the  said  Kiowa  and  Comanche  tribes,  they  consent  to 
the  confederation  of  said  Apache  tribe,  as  desired  by  it,  upon  the  terms 
and  conditions  hereinafter  set  forth  in  this  supplementary  treaty  :  Now, 
therefore,  it  is  hereby  stipulated  and  agreed  by  and  between  the  afore- 
said commissioners,  on  the  part  of  the  United  States,  and  the  chiefs  and 
head-men  of  the  Kiowa  and  Comanche  tribes,  and,  also,  the  chiefs  and 
head-men  of  the  said  Apache  tribe,  as  follows,  to  wit :  — 

ARTICLE  I.  The  said  Apache  tribe  of  Indians  agree  to  confederate  and     The  Apaches 
become  incorporated  with  the  said  Kiowa  and  Comanche  Indians,  and  agree  to  become 
to  accept  as  their  permanent  home  the  reservation  described  in  the  afore-  ^^0^e°Kiowas 
said  treaty  with  said  Kiowa  and  Comanche  tribes,  concluded  as  afore-  JJJd  Comanches. 
said  at  this  place,  and  they  pledge  themselves  to  make  no  permanent 

settlement  at  any  place,  nor  on  any  lands,  outside  of  said  reservation. 

*  *  *  *  *  *  * 

ART.  IV.  In  consideration  of  the  advantages  conferred  by  this  sup-     Apaches  to  ob- 
plementary  treaty  upon  the  Apache  tribe  of  Indians,  they  agree  to  ob-  serve  stipn  la- 
serve  and  faithfully  comply  with  all  the  stipulations  and  agreements  JJJJL. 
entered  into  by  the  Kiowas  and  Comanches  in  said  original  treaty. 
They  agree,  in  the  same  manner,  to  keep  the  peace  toward  the  whites    TO  keep  the 
and  all  other  persons  under  the  jurisdiction  of  the  United  States,  and  peace, 
to  do  and  perform  all  other  things  enjoined  upon  said  tribes  by  the  pro- 
visions of  said  treaty  ;  and  they  hereby  give  up  and  forever  relinquish     To  give  up  cer- 
to  the  United  States  all  rights,  privileges,  and  grants  now  vested  in  tain  rights, 
them,  or  intended  to  be  transferred  to  them,  by  the  treaty  between  the 
United  States  and  the  Cheyenne  and  Arapahoe  tribes  of  Indians,  con- 
cluded at  the  camp  on  the  Little  Arkansas  River,  in  the  State  of  Kansas, 
on  the  fourteenth  day  of  October,  one  thousand  eight  hundred  and  sixty- 
five,  and  also  by  the  supplementary  treaty,  concluded  at  the  same  place 
on  the  seventeenth  day  of  the  same  month,  between  the  United  States, 
of  the  one  part,  and  the  Cheyenne,  Arapahoe,  and  Apache  tribes,  of  the 
other  part,  (a) 

(a)  See  Nos.  1732, 1742. 

47  L  O— VOL  II 


738 


INDIAN    TERRITORY. 


Feb.  18,  1867.     No.  1  744.—  ARTICLES  of  agreement  made  and  concluded  this  eighteenth  day  of 

Proclamation,       February,  one  thousand  eight  hundred  and  sixty-seven,  between  the  United  States, 

Oct.  14,  1868.          represented  by  Lewis  V.  Bogy,    Commissioner  of  Indian   Affairs;    William  H. 

VoL  15,  p.  495.        "Watson,  special  commissioner;  Thomas  Alurphy,  superintendent  of  Indian  affairs 

•  -          for  Kansas:  and  Henry  W.  Martin,  United  States  Indian  agent,  duly  authorized, 

and  the  tribes  of  Sacs  and  Foxes  of  the  Mississippi,  represented  by  Keoknk,  Che- 

kns-kuk,  Uc-qnaw-ho-ko,  Mut-tut-tah,  and  Man-ah-to-wah,  chiefs  of  said  tribes. 

Cession  of  ARTICLE  I.  The  Sacs  and  Foxes  of  the  Mississippi  cede  to  the  Gov- 
lands  to  United  ernment  of  the  United  States  all  the  lands,  with  the  improvements 
thereon,  contained  in  their  unsold  portion  of  their  diminished  reserve 
defined  in  the  first  article  of  their  treaty  ratified  July  ninth,  one  thou- 
sand eight  hundred  and  sixty,  (th3  said  tract  containing  about  eighty- 
six  thousand  and  four  hundred  acres,  and  being  more  particularly  de- 
scribed by  the  survey  and  plats  on  file  in  the  Department  of  the  Inte- 
rior,) except  as  reserved  in  previous  treaties,  or  in  this  treaty. 

Additional     ART.  II.  The  said  Indians  also  cede  to  the  United  States  a  full  and 
cession.  complete  title  to  the  lands,  with  the  improvements  thereon^  now  re- 

maining unsold  in  that  portion  of  their  old  reservation  provided  by 
article  four  of  the  treaty  of  July  ninth,  one  thousand  eight  hundred 
and  sixty,  to  be  sold  by  the  Government  for  their  benefit,  the  cession 
herein  made  being  subject  to  the  exceptions  defined  in  this  treaty. 


.  yi.  The  United  States  agree,  in  consideration  of  the  improve- 
am?  FoxS6          ment8  uPon  the  8aid  reservation,  to  give  to  the  Sacs  and  Foxes  for  their 
future  home  a  tract  of  land  in  the  Indian  country  south  of  Kansas,  and 
south  of  the  Cherokee  lands,  not  exceeding  seven  hundred  and  fifty 
How  to  be  se-  square  miles  in  extent.    The  selection  of  such  new  reservation  shall  be 
lected.  made  under  the  direction  of  the  Secretary  of  the  Interior,  and  with  his 

approval,   by  commissioners   appointed  by  the   said    Secretary,   who 
shall  visit  the  Indian  country,  with  delegations  from  all   the'  tribes 
proposing  to  remove  thereto,  as  soon  as  practicable  after  the  ratifica- 
How  surveyed,  tion  of  this  treaty;  and  said  reservation  shall  be  surveyed  as  to  its  ex 
terior  lines,  at  the  cost  of  the  United  States,  under  the  direction  of  the 
Commissioner  of  Indian  Affairs,  not  to  exceed  three  thousand  dollars  : 
Proviso.  Provided,  That  if  it  shall  be  found  impracticable  to  select  a  suitable 

home  for  the  tribe  except  by  purchase  from  the  Cherokees,  the  United 
States  will  pay  towards  the  said  purchase  the  same  amount  that  would 
have  been  payable  to  the  Creeks  if  the  reservation  had  been  selected 
upon  the  former  Creek  lands  ;  and  in  that  case  the  balance  of  the  money 
payable  to  the  Cherokees  shall  be  deducted  from  the  amount  due  the 

Sacs  and  Foxes  under  this  treaty,  (a) 

*  *  *  *  »  *  * 

(a)  See  Xo.  1752. 


Feb.  23. 1867. 
Proclamation, 
Oct.  14,  1863. 
VoL15,p.513. 


Preamble. 


No.  1745.— ARTICLES  of  agreement,  concluded  at  Washington,  D.  C.,  the  twen- 
ty-third day  of  February,  one  thousand  eight  hundred  and  sixty-seven,  between 
the  United  States,  represented  by  Lewis  V.  Bogy,  Commissioner  of  Indian  Affairs, 
W.  H.  Watson,  special  commissioner,  Thomas  Murphy,  Superintendent  of  Indian 
Affairs,  George  C.  Snow,  and  G  A.  Cotton,  U.  S.  Indian  agents,  duly  authorized, 
and  the  Senecas,  represented  by  George  Spicer  and  John  Mush ;  the  mixed  Senecas 
and  Shawnees,  by  John  Whitetree,  John  Young,  and  Lewis  Davis  ;  the  Quapaws, 
by  S.  G.  Vallier  and  Ka-zhe-cah;  the  confederated  Peoria*.  Kaskaskias,  Weas, 
and  Piankeshaws,  by  Baptiste  Peoria.  John  Mitchell,  and  Edward  Black;  the  Mi- 
amies,  by  Thomas  Metosenyah  and  Thomas  Richardville,  and  the  Ottawas  of 
Blanchard's  Fork  and  Roche'de  Boauf  by  John  White  and  J.  T.  Jones,  and  includ- 
ing certain  Wyandott[e]s,  represented  by'Tauromee,  or  John  Hat.  and  John  Karaho. 

Whereas  it  is  desirable  that  arrangements  should  be  made  by  which 
portions  of  certain  tribes,  parties  hereto,  now  residing  in  Kansas,  should 
be  enabled  to  remove  to  other  lands  in  the  Indian  country  south  of  that 
State,  while  other  portions  of  said  tribes  desire  to  dissolve  their  tribal  re- 
lations and  become  citizens  ;  and  whereas  it  is  necessary  to  provide  cer- 
tain tribes,  parties  hereto,  now  residing  in  the  Indian  country,  with 
means  of  rebuilding  their  houses,  reopening  their  farms,  and  supporting 
their  families,  they  having  been  driven  from  their  reservations  early  in 
the  late  war,  and  suffered  greatly  for  several  years,  ami  being  will- 
ing to  sell  a  portion  of  their  lands  to  procure  such  relief  ;  and  whereas 
a  portion  of  the  Wyandottes,  parties  to  the  treaty  of  one  thousand 
eight  hundred  and  fifty-five,  although  taking  lands  in  severally,  have 
sold  said  lands  and  are  still  poor,  and  have  not  been  compelled  to  be- 
come citizens,  but  have  remained  without  clearly  recognized  organiza- 
tion, while  others  who  did  become  citizens  are  unfitted  for  the  respon- 
sibilities of  citizenship ;  and  whereas  the  Wyandottes,  treated  with  in 


INDIAN    TERRITORY.  739 

eighteen  hundred  and  fifty-five,  have  just  claims  against  the  Govern- 
ment, which  will  enable  the  portion  of  their  people  herein  referred  to 
to  begin  anew  a  tribal  existence  :  Therefore  it  is  agreed : 

ARTICLE  I.  The  Senecas  cede  to  the  United  States  a  strip  of  land  on    Cession  of  lands 
the  north  side  of  their  present  reservation  in  the  Indian  country ;  the  t  o  t  h  e  United 
land  so  ceded  to  be  bounded  on  the  east  by  the  State  of  Missouri,  on  the  St^68  b  y  t  h  e 
north  by  the  north  line  of  the  reservation,  on  the  west  by  the  Neosho         Das' 
River,  and  running  south  for  the  necessary  distance,  to  contain  twenty 
thousand  acres ;  for  which  the  Government  is  to  pay  twenty  thousand 
dollars  upon  the  ratification  of  this  treaty ;  the  south  line  of  said  tract 
to  be  ascertained  by  survey,  at  the  cost  of  the  United  States. 

ART.  II.  The  Senecas  now  confederated  with  the  Shawnees,  and  Furthercession, 
owning  an  undivided  half  of  a  reservation  in  the  Indian  country  imme- 
diately north  of  the  Seneca  reservation  mentioned  in  the  preceding  ar- 
ticle, cede  to  the  United  States  one-half  of  said  Seneca  and  Shawnee 
reserve,  which  it  is  mutually  agreed  shall  be  the  north  half,  bounded 
on  the  east  by  the  State  of  Missouri,  north  by  the  Quapaw  reserve, 
west  by  the  Neosho  River,  and  south  by  an  east  and  west  line  bisecting 
the  present  Seneca  and  Shawnee  reserve  into  equal  parts,  the  said  line 
to  be  determined  by  survey,  at  the  expense  of  the  United  States ;  for 
which  tract  of  land,  estimated  to  contain  about  thirty  thousand  acres, 
the  United  States  will  pay  the  sum  of  twenty-four  thousand  dol- 
lars, (a) 

ART.  III.  The  Shawnees,  heretofore  confederated  with  the  Senecas,    Cession  of  lands 
cede  to  the  United  States  that  portion  of  their  remaining  lands,  bounded  to  the  U  n  i  t  e  d 
as  follows,  beginning  at  a  poiut  where  Spring  River  crosses  the  south  States  by  the 
line  of  the  tract  in  the  second  article  ceded  to  the  United  States,  thence 
down  said  river  to  the  south  line  of  the  Shawnee  reserve,  thence  west 
to  the  Neosho  River,  thence  up  said  river  to  the  south  line  of  the  tract 
ceded  in  the  second  article,  and  thence  east  to  the  place  of  beginning ; 
supposed  to  contain  about  twelve  thousand  acres,  the  area  to  be  ascer- 
tained by  survey,  at  the  expense  of  the  United  States;  the  United 
States  to  pay  for  the  same  at  the  rate  of  one  dollar  per  acre,  as  soon  as 
the  area  shall  be  ascertained.  (6) 

ART.  IV.  The  Quapaws  cede  to  the  United  States  that  portion  of  their  By  the  Qua- 
land  lying  in  the  State  of  Kansas,  being  a  strip  of  land  on  the  north  paws, 
line  of  their  reservation,  about  one-half  mile  in  width,  and  containing 
about  twelve  sections  in  all,  excepting  therefrom  one  half-section  to  be 
patented  to  Samuel  G.  Vallier,  including  his  improvements.  Also  the 
further  tract  within  their  present  reserve,  bounded  as  follows :  Begin- 
ning at  a  point  in  the  Neosho  River  where  the  south  line  of  the  Quapaw 
reserve  strikes  that  stream,  thence  east  three  miles,  thence  north  to  the 
Kansas  boundary  line,  thence  west  on  said  line  to  the  Neosho  River, 
thence  down  said  river  to  the  place  of  beginning ;  and  the  United  States 
will  pay  to  the  Quapaws  for  the  half-mile  strip  lying  in  Kansas  at  the 
rate  of  one  dollar  and  twenty-five  cents  per  acre,  whenever  the  area  of 
the  same  shall  be  ascertained;  and  for  the  other  tract  described  in  this 
article  at  the  rate  of  one  dollar  and  fifteen  cents  per  acre,  whenever  the 
area  of  the  same  shall  be  ascertained  by  survey,  said  survey  to  be  made 
at  the  cost  of  the  tribe  to  which  said  tract  is  herein  provided  to  be  sold 
under  the  pre-emption  laws  of  the  United  States  ;  but  all  such  pre-emp- 
tion shall  be  paid  in  the  money  of  the  United  States,  at  the  proper  land 
office,  within  one  year  from  the  date  of  entry  and  settlement,  (c) 
**#***# 

ART.  XIII.  The  United  States  will  set  apart  for  the  Wyandottes,  for    Land  set  apart 
their  future  home,  the  land  ceded  by  the  Senecas  in  the  first  article  for   the   Wyan- 
hereof,  and  described  in  said  article,  to  be  owned  by  the  said  Wyan-  dottes- 
dottes  in  common.  ^  Bancroft  LifefSfy 

ART.  XV.  All  restrictions  upon  the  sale  of  lands  assigned  and  patented     Certain  restrio- 
to  "  incompetent"  Wyandott[e]s  under  the  fourth  article  of  the  treaty  tions  upon  sales 
of  one  thousand  eight  hundred  and  fifty -five,  shall  be  removed  after  the  of    lands  re- 
ratification  of  this  treaty,  but  no  sale  of  lands  heretofore  assigned  to  moved- 
orphans  or  incompetents  shall  be  made,  under  decree  of  any  court,  or 
otherwise,  for  or  on  account  of  any  claim,  judgment,  execution  or  order, 
or  for  taxes,  until  voluntarily  sold  by  the  patentee  or  his  or  her  heirs, 
with  the  approval  of  the  Secretary  of  the  Interior;  and  whereas  many 
sales  of  land  belonging  to  this  class  have  heretofore  been  made,  con- 
trary to  the  spirit  and  intent  of  the  treaty  of  one  thousand  eight  hun- 
dred and  fifty-five,  it  is  agreed  that  a  thorough  examination  and  report 


740  INDIAN    TERRITORY. 

shall  be  made,  under  direction  of  the  Secretary  of  the  Interior,  in  order 
to  ascertain  the  facts  relating  to  all  such  cases,  and  upon  a  fall  exami- 
nation of  such  report,  and  hearing  of  the  parties  interested,  the  said 
Secretary  may  confirm  the  said  sales,  or  require  au  additional  amount 
to  he  paid,  or* declare  such  sales  entirely  •void,  as  the  very  right  of  the 
several  cases  may  require. 

Sale  of  land  to     ART.  XVI.  The  west  part  of  the  Shawnee  reservation,  ceded  to  the 
the  Ottawas.        United  States  by  the  third  article,  is  hereby  sold  to  the  Ottawas  at  one 

Payment.  dollar  per  acre ;  and  for  the  purpose  of  paying  for  said  reservation  the 
United  States  shall  take  the  necessary  amount,  whenever  the  area  of 
such  land  shall  be  found  by  actual  survey,  from  the  funds  in  the  hands 
of  the  Government  arising  from  the  sale  of  the  Ottawa  trust  lands,  as 
provided  in  the  ninth  article  of  the  treaty  of  one  thousand  eight  hun- 
dred and  sixty-two,  and  the  balance  of  said  fund,  after  the  payment  of 
accounts  provided  for  in  article  five  of  the  treaty  of  one  thousand  eight 
hundred  and  sixty-two,  shall  be  paid  to  the  tribe  per  capita. 

******* 

Sale  of  lands  to  ART.  XX.  It  is  further  agreed  that  the  remaining  unsold  portion  of 
Ottawa  rniver-  trU8t  ian(j8  of  the  Ottawas,  amounting  to  seven  thousand  two  hundred 
and  twenty-one  and  twenty-one  hundredths  acres,  shall  be  sold  to  the 
trustees  of  Ottawa  University,  to  be  disposed  of  for  the  benefit  of 
said  institution  at  the  appraised  value  thereof,  and  that  the  said  trus- 
tees shall  have  until  July  sixteenth,  one  thousand  eight  hundred  and 
sixty-nine,  to  dispose  of  the  same  and  pay  to  the  Government  the  value 
of  said  lands:  Provided,  That  the  said  trustees  shall  furnish,  within 
thirty  days  after  the  ratification  of  this  treaty,  to  the  Secretary  of  the 
Interior,  a  satisfactory  bond  for  the  fulfilment  of  their  obligations. 
Purchasers  of  ART.  XXI.  Whereas  certain  arrangements  have  been  made  by  the 
land  from  the  cniefs  of  the  confederated  tribes  of  Peorias,  Kaskaskias,  Weas,  and  Pi- 
re^ve'patents  ankeshaws,  for  the  sale  to  actual  settlers  of  the  lands  held  by  them  in 
common,  being  nine  and  one-half  sections,  for  a  reasonable  considera- 
tion, according  to  the  terms  of  a  certain  petition  of  the  said  tribe,  with 
schedule  annexed,  (which  schedule  is  annexed  to  this  treaty  and  marked 
"B,")  dated  December  twenty-sixth,  one  thousand  eight  hundred  and 
sixty  six,  filed  in  the  office  of  the  Commissioner  of  Indian  Affairs,  it  is 
agreed  that  the  said  arrangements  shall  be  carried  into  full  effect,  and 
the  purchasers  thereunder  shall  receive  patents  from  the  United  States 
for  the  lands  so  purchased,  upon  making  full  payment  for  the  same  to 
the  Secretary  of  the  Interior,  and  the  amount  already  paid  by  said  pur- 
chasers, as  appears  from  said  schedule,  and  in  the  hands  of  the  chiefs, 
shall  be  paid  to  the  Secretary  of  the  Interior,  and  the  whole  amount  of 
the  purchase  money  shall  also  be  paid  to  the  said  Secretary  on  or  before 
the  first  day  of  June,  one  thoosand  eight  hundred  and  sixty-seven,  and 
shall  be  held  by  him  for  the  benefit  of  the  tribe,  subject  to  the  provi- 
sions of  this  treaty. 

Lands  sold  to     ART.  XXII.  The  land  in  the  second  and  fourth  articles  of  this  treaty 
the  Peorias,  &c.    proposed  to  be  purchased  from  the  Senecas  and  Quapa  ws,  and  lying  south 
of  Kansas,  is  hereby  granted  and  sold  to  the  Peorias,  &c.  and  shall  be 
paid  for  at  the  rate  paid  for  the  same  by  the  Government,  out  of  the  pro- 
ceeds of  the  nine  and  a  half  sections  referred  to  in  the  last  preceding 
article,  adding  thereto  whatever  may  be  necessary  out  of  other  moneys 
in  the  hands  of  the  United  States  belonging  to  the  said  Peorias,  &c. 
Indians  to  re-     ART.  XXIII.  The  said  Indians  agree  to  dispose  of  their  allotments  in 
move  to  new  Kansas  and  remove  to  their  new  homes  in  the  Indian  country  within 
nome  in,  two  Vear8  from  the  ratification  of  this  treaty  ;  and  to  that  end  the  Sec- 

retary of  the  Iiiterior  is  authorized  to  remove  altogether  the  restrictions 
upon  the  sales  of  their  lands,  provided  under  authority  of  the  third 
article  of  the  treaty  of  May  thirtieth,  one  thousand  eight  hundred  and 
fifty- four,  in  such  manner  that  adult  Indians  may  sell  their  own  lands, 
and  that  the  lauds  of  minors  and  incompetents  may  be  sold  by  the  chiefs, 
with  the  consent  of  the  agent,  certified  to  the  Secretary  of  the  Interior 
and  approved  by  him.  And  if  there  should  be  any  allotments  for  which 
no  owner  or  heir  thereof  survives,  the  chiefs  may  convey  the  same  by 
deed,  the  purchase  money  thereof  to  be  applied,  under  the  direction  of 
the  Secretary,  to  the  benefit  of  the  tribe ;  and  the  guardianship  of 
orphan  children  shall  remain  in  the  hands  of  the  chiefs  of  the  tribe; 
and  the  said  chiefs  shall  have  the  exclusive  right  to  determine  who  are 
members  of  the  tribe,  and  entitled  to  be  placed  upon  the  pay-rolls. 


INDIAN    TERRITORY.  741 

ART.  XXVI.  The  Peorias,  Kaskaskias,  Weas,  and  Piankeshaws  agree     Miamies  may 
that  the  Miamies  may  be  confederated  with  them  upon  their  new  res-  be  united   with 
ervation,  and  own  an  undivided  right  in  said  reservation  in  proportion tn          ias« &0* 
to  the  sum  paid,  upon  the  payment  by  the  said  Miamies  of  an  amount 
which  in  proportion  to  the  number  of  the  Miamies  who  shall  join  them, 
will  be  equal  to  their  share  of  the  purchase  money  in  this  treaty  pro- 
vided to  be  paid  for  the  land,  and  also  upon  the  payment  into  the  com- 
mon fund  of  such  amount  as  shall  make  them  equal  in  annuities  to  the 
said  Peorias,  &c.,  the  said  privilege  to  remain  open  to  the  Miamies  two 
years  from  the  ratification  of  this  treaty. 

*  *****  * 

(a)  See  Noa.  1719,  1721,  1723. 

<6)  See  Nos.  1721,  1722,  1723,  1749. 

(c)  See  No.  1726. 

No.  1746.— EXECUTIVE  ORDERS  relating  to  Cheyenne  and  Arapahoe  reserve.       Annual  Report 

Coinmis  s  i  o  n  e  r 

DEPARTMENT  OF  THE  INTERIOR,  Indian    Affairs 

OFFICE  OF  INDIAN  AFFAIRS,  1fi7a  _  0^1 

June  19,  1869.       1878'  P"  25L 

SIR  :  I  have  the  honor  to  acknowledge  the  receipt,  by  reference  from 
the  Secretary  of  the  Interior  on  the  10th  instant,  of  a  letter  from  Ad- 
jutant-General E.  D.  Townsend,  bearing  date  the  9th  instant,  inclosing 
a  copy  of  a  telegram  dated  Fort  Leavenworth,  Kans.,  June  8, 1869,  from 
Maj.-Gen.  J.  M.  Schofield  to  General  W.  T.  Sherman,  recommending 
that  the  reservation  for  the  Arapahoe  Indians  be  changed  from  its 
present  location  to  the  north  fork  of  the  Canadian  River,  and  request- 
ing a  report  thereon  from  this  office. 

By  the  terms  of  the  treaty  with  the  Cheyenne  and  Arapahoe  tribes 
of  Indians,  proclaimed  August  19, 1868,  it  is'  provided  in  the  second  ar- 
ticle thereof  that  "  the  United  States  agrees  that  the  following  district 
of  country,  to  wit :  Commencing  at  the  point  where  the  Arkansas  River 
crosses  the  thirty-seventh  parallel  of  north  latitude;  thence  west  on 
said  parallel— the  said  line  being  the  southern  boundary  of  the  State 
of  Kansas — to  the  Cimarron  River  (sometimes  called  the  Red  Fork  of 
the  Arkansas  River)  ;  thence  down  said  Cimarron  River,  in  the  middle 
of  the  main  channel  thereof,  to  the  Arkansas  River ;  thence  up  the 
Arkansas  River,  in  the  middle  of  the  main  channel  thereof,  to  the  place 
of  beginning,  shall  be,  and  the  same  is  hereby,  set  apart  for  the  abso- 
lute and  undisturbed  use  and  occupation  of  the  Indians  herein  named, 
and  for  such  other  friendly  tribes  or  individual  Indians  as  from  time  to 
time  they  may  be  willing,  with  the  consent  of  the  United  States,  to  admit 
among  them." 

It  will  be  seen  from  the  language  of  the  second  article  of  said  treaty, 
just  quoted,  that  a  reservation  upon  which  they  are  now  located  has 
already  been  provided  for  said  Indians  within  the  boundaries  in  said 
article  designated,  but  I  am  of  opinion  that  it  would  be  better  for  both 
the  Indians  and  the  Government  if  they  were  to  be  removed  to  the 
north  fork  of  the  Canadian  River  in  accordance  with  the  suggestions 
of  General  Schofield,  provided  any  authority  can  be  found  for  removing 
and  locating  said  Indians  in  the  manner  contemplated. 

Should  you  be  of  opinion  that  such  authority  exists,  and  determine  Kew  bounda 
in  pursuance  thereof  to  cause  a  removal  of  said  Indians  to  be  made  from  riea  suggested, 
their  present  reservation,  I  would  suggest  that  a  tract  of  country  be  set 
aside  lor  their  occupation  and  use  bounded  as  follows,  viz :  Commenc- 
ing at  the  point  where  the  Washita  River  crosses  the  ninety-eighth  de- 
gree of  west  longitude ;  thence  north  on  a  line  with  said  ninety-eighth 
degree  to  the  point  where  it  is  crossed  by  the  Red  Fork  of  the  Arkansas 
(sometimes  called  the  Cimarron  River);  thence  up  said  river,  in  the 
middle  of  the  main  channel  thereof,  to  the  north  boundary  of  the  coun- 
try ceded  to  the  United  States  by  the  treaty  of  June  14,  1866,  with  the 
Creek  nation  of  Indians ;  thence  west  on  said  north  boundary  and  the 
north  boundary  of  the  country  ceded  to  the  United  States  by  the  treaty 
of  March  21,  1866,  with  the  Seminole  Indians,  to  the  one  hundredth  de- 
gree of  west  longitude;  thence  south  on  the  line  of  said  one  hundredth 
degree  to  the  north  boundary  of  the  country  set  apart  for  the  Kiowas 
and  Comanches  by  the  second  article  of  the  treaty  concluded  October 
21,  1867,  with  said  tribes ;  thence  east  along  said  boundary  to  the  point 
where  it  strikes  the  Washita  River;  thence  down  said  Washita  River, 
in  the  middle  of  the  main  channel  thereof,  to  the  place  of  beginning. 


742  INDIAN    TERRITORY. 

The  territory  comprised  within  the  boundaries  last  above  designated 
contains  a  small  portion  of  the  country  ceded  to  the  United  States  by 
the  terms  of  the  treaty  with  the  Creek  Indians  concluded  June  14, 1866 ; 
a  portion  of  the  country  ceded  to  the  United  States  by  the  terms  of  the 
treaty  with  the  Seminole  Indians  concluded  March  21,  1866,  and  the 
remainder  is  composed  of  a  portion  of  what  is  commonly  known  as  the 
"  leased  country." 

Inasmuch  as  this  office  has  no  information  upon  the  subject,  except 
that  conveyed  by  the  telegram  of  General  Schofield,  which  is  very  mea- 
ger and  indefinite,  I  am  unable  to  determine  the  causes  which  seem  to 
require  this  change,  and  I  would  therefore  respectfully  suggest,  unless 
there  is  some  pressing  necessity  which  will  admit  of  no  delay,  whether 
it  would  not  be  well  to  refer  the  matter  to  the  proper  officers  of  this 
bureau  for  investigation  and  report  before  any  action  is  taken. 

The  letter  of  Adjutant- General  Townseud,  together  with  the  copy  of 
the  telegram  of  General  Schofield,  are  herewith  returned. 
Very  respectfully,  &c., 

E.  S.  PARKER,  Commissioner. 
'  Hon.  W.  T.  OTTO,  Acting  Secretary  of  Interior. 


Annual  Report  DEPARTMENT  OF  THE  INTERIOR, 

Comnus  si  one  r  OFFICE  OF  INDIAN  AFFAIRS, 

1878  ^    252       8>  Washington,  D.  G.,  August  10, 1869. 

—I — '• '- SIR  :  Referring  to  my  report  to  you  of  the  19th  of  June  last,  relative 

to  the  change  of  location  of  the  reservation  for  the  Cheyenne  and  Arapa- 
hoe  Indians,  I  now  have  the  honor  to  submit,  herewith,  copies  of  the 
following  letters  relative  to  this  subject,  viz  : 

Letter  from  Superintendent  Hoag,  dated  the  31st  ultimo,  inclosing 
letter  from  Brevet  Major-General  Hazen,  dated  the  24th  ultimo. 

Letter  from  Superintendent  Hoag,  dated  the  4th  instant,  inclosing 
letter  from  General  Hazen,  dated  the  *2d  instant. 

It  appears  from  these  letters  that  the  Cheyennes  and  Arapahoes  did 
not  understand  the  location  of  the  reservation  as  defined  by  the  treaty 
of  August  19,  1868 ;  that  they  have  never  been  upon  said  reserve,  and 
do  not  desire  to  go  there,  but  that  they  desire  to  locate  on  the  North 
Fork  of  the  Canadian  some  60  miles  below  Camp  Supply  ;  that  the  agent 
for  these  tribes  has  a  large  quantity  of  valuable  stores  in  this  locality, 
which  are  very  much  exposed. 

New  location  Inasmuch  as  these  Indians  express  a  desire  to  be  located  upon  a  re- 
recommended,  serve,  I  think  it  very  desirable  that  their  wishes  should  be  gratified, 
and  that  they  be  not  permitted  to  again  roam  on  the  plains.  1  there- 
fore respectfully  recommend  that  the  President  be  requested  to  author- 
ize the  location  of  these  Indians  on  the  north  fork  of  the  Canadian 
River,  where  they  desire  to  go,  and  that  immediate  steps  be  taken  to 
provide  temporarily  for  them  there.  The  country  desired  by  them  is 
public  land,  and  I  think  it  competent  for  the  President  to  direct  their 
location  thereon.  In  view,  however,  of  the  fact  that  these  Indians 
have  a  reservation  defined  for  them  by  treaty  stipulation,  legislation 
can  be  asked  of  Congress  at  the  coming  session  to  insure  a  permanent 
reservation  for  them  where  they  may  locate,  and  abandon  as  a  reserva- 
tion the  present  one,  restoring  it  to  the  public  lands,  (a) 
Very  respectfully,  your  obedient  servant, 

E.  S.  PARKER,  Commissioner. 
Hon.  J.  D.  Cox,  Secretary  of  the  Interior. 

August  10,  1869.— The  recommendation  of  the  Indian  Commissioner 
approved. 

J.  D.  COX,  Secretary. 
Approved.  Approved  August  10,  1869. 

U.  S.  GRANT,  President, 
(a)  See  Nos.  1741, 1750. 


Xo.  1747.— AN  ACT  making  appropriations,  &c. 

July  15,  1870.        [Permanent  home  in  Indian  Territory  to  be  provided  for  Great  and 
Vol.  16.  p.  335.  Little  Osage  Indians.    See  KANSAS,  No.  2040.] 


INDIAN    TERRITORY.  743 

No.  1748.— EXECUTIVE  ORDER  relating  to  the  Osage  Reserve.  Annual  report 

DEPARTMENT  OF  THE  INTERIOR,  Commissioner  of 

Washington,  D.  C.,  March  27,  1871.      Jg^glim  25Affair8' 

SIR  :  I  have  received  your  letters  bearing  date  respectively  the  7th, _ — ! 

llth,  and  15th  instant,  in  relation  to  the  stttlement  of  the  Great  and  Tract  assigned 
Little  Osage  Indians  upon  a  tract  of  land  to  be  assigned  them  within  to  G^eat  and  Lit- 
the  Cherokee  country.  *  *  * 

I  concur  m  your  recommendation  that  there  be  assigned  and  set  off  to 
the  Great  and  Little  Osages  a  tract  situate  within  the  Cherokee  coun- 
try described  as  follows  :  Beginning  at  a  point  where  the  ninety-sixth 
meridian  of  longitude  west  from  Greenwich  intersects  the  southern 
boundary  of  Kansas ;  thence  south  along  said  meridian  to  the  line  sep- 
arating the  Cherokee  country  from  the  Creek  country  ;  thence  west- 
ward on  said  line  to  a  point  so  that  a  line  running  from  such  point,  par- 
allel to  said  meridian,  to  the  said  boundary  of  Kansas,  and  with  said 
boundary  to  the  place  of  beginning,  will  inclose  an  area  containing 
560,000  acres,  (a)  '• 

Very  respectfully,  your  obedient  servant, 

C.  DELANO,  Secretary. 
The  COMMISSIONER  OF  INDIAN  AFFAIRS. 

(a)  See  Nos.  1747, 1751. 


No.  1749.— AN  ACT  to  provide  homes  for  the  Pottawatomie  and  Absentee  Shawnee     May  23, 1872. 
Indians  in  the  Indian  Territory.  VoL  17,  p.  159. 


Be  it  enacted,  #c.,  That  the  Secretary  of  the  Interior  be,  and  he  is    Allotments  of 
hereby,  authorized  and  directed  to  issue  certificates  by  which  allotments  land  to  be  made 
of  land  lying  within  the  thirty-mile  square  tract  heretofore  selected  for  JJ  the  PotSwS 
the  Pottawatomie  Indians,  and  lying  next  west  of  the  Seminole  reser-  tomie  citizen 
vation  in  the  Indian  Territory,  shall  be  made  to  each  member  of  the  band. 
Pottawatomie  band,  known  as  the  Pottawatomie  citizen  band,  as  fol- 
lows, viz:  To  each  head  of  a  family,  and  to  each  other  member  twenty-     Quantityto 
one  years  of  age,  not  more  than  one  quarter-section,  and  to  each  minor  each. 
of  the  tribe  not  more  than  eighty  acres ;  and  such  allotments  shall  be 
made  to  include,  as  far  as  may  be  practicable  for  each  family,  the  im- 
provements which  they  may  have  made.    Certificates  of  such  allotments     Certificates  of 
shall  be  made  in  severalty,  specifying  the  names  of  individuals  to  whom  allotments,  how 
they  have  been  assigned,  and  that  said  tracts  are  set  apart  for  the  ex-  ]^te  what*1 
elusive  and  perpetual  use  and  benefit  of  such  assignees  and  their  heirs. 
Until  otherwise  provided  by  law  such  tracts  shall  be  exempt  from  levy,     Lands  to  be  ex- 
taxation,  or  sale,  and  shall  be  alienable  in  fee,  or  leased  or  otherwise  empt,   &c.,    and 
disposed  of  only  to  the  TJnited  States,  or  to  persons  of  Indian  blood,  alienable,  &c. 
lawfully  residing  within  said  Territory  with  permission  of  the  Presi- 
dent and  under  such  regulations  as  the  Secretary  of  the  Interior  shall 
prescribe :  Provided,  That  such  allotments  shall  be  made  to  such  of  the     Residence, 
above-described  persons  as  have  resided  or  shall  hereafter  reside  three 
years  continuously  on  such  reservation,  and  that  the  cost  of  such  lands    Cost,  and  how- 
to  the  United  States  shall  be  paid  from  any  fund  now  held,  or  which  paid, 
may  be  hereafter  held  by  the  United  States  for  the  benefit  of  such  In- 
dians, and  charged  as  a  part  of  their  distributive  share,  or  shall  be  paid 
for  by  said  Indians  before  such  certificates  are  issued:  Provided,  Said    Indians  to  ac- 
Pottawatomie  Indians  shall  neither  acquire  nor  exercise  under  the  laws  quire  no  more 
of  the  United  States  any  rights  or  privileges  in  said  Indian  Territory,  ri§hts  tnan'  &c> 
other  than  those  enjoyed  by  the  members  of  the  Indian  tribes  lawfully 
residing  therein.    And  for  the  protection  of  the  rights  of  persons  and     May  enforce 
property  among  themtelves,thty  may  enforce  the  laws  and  usages  here-  usages. 
tofore  enforced  among  them  as  an  Indian  tribe,  not  inconsistent  with 
the  Constitution  and  laws  of  the  United  States,  and  shall  be  entitled  to     Entitled  to  rep- 
equitable  representation  in  the  general  Territorial  council,  and  subject  resentatum. 
to  the  general  laws  which  it  may  legally  enact,  (a) 

SEC.  2.  When  it  bhall  be  shown  to  the  satisfaction  of  the  Secretary  of    Allotments  of 
the  Interior  that  any  Indian  of  pure  or  mixed  blood  of  the  Absentee  land  to  the  Ab- 
Shawnees,  being  a  head  of  a  family,  or  a  person  over  twenty-one  years  f^jians      awnee 
of  age,  has  resided,  continuously,  for  the  term  of  three  years  within  the 
thirty-mile  square  tract  lying  west  of  the  Seminole  reservation  in  the 
Indian  Territory,  and  has  made  substantial  improvements  thereon,  it 
shall  be  the  duty  of  the  Secretary  of  the  Interior  to  issue  to  said  Indian     To  whom  and 
a  certificate  of  allotment  for  eighty  acres  of  land,  to  include,  so  far  as  how  made>  &0- 
may  be  practicable,  his  or  her  improvements,  together  with  an  addition 


744  INDIAN    TERRITORY. 

of  twenty  acres  for  each  child  under  twenty-one  years  of  age  belonging 
to  the  family  of  said  Indian,  which  certificate  shall  include  the  same 
provisions  as  are  included  in  the  certificates  of  allotments  of  lands  to 
be  issued  under  the  provisions  of  the  first,  section  of  this  act.  (&) 

(a)  See  No.  1740. 

(6)  See  Nbs.  1721,  1722,  1723,  1745. 


May  29, 1872.     No.  175O.— AN  ACT  making  appropriations  for  the  current  and  contingent  ex- 
Vof!  17,  p.  165.       penses  of  the  Indian  Department,  and  for  fulfilling  treaty  stipulations  with  various 

Indian  tribes,  for  the  year  ending  June  thirty,  eighteen  hundred  and  seventy -three, 

and  for  other  purposes. 


Appraisement  SEC.  5.  That  the  President  of  the  United  States  and  the  Secretary  of 
to  be  ™*de  of  the  Interior  are  hereby  authorized  to  make  an  appraisement  of  the 
lands"1  6e  Cherokee  lands  lying  west  of  the  ninety-sixth  meridian  of  west  longi- 

tude, and  west  of  the  land  of  the  Osage  Indians,  in  the  Indian  Terri- 
tory, and  south  of  the  southern  line  of  the  State  of  Kansas,  ceded  to  the 
United  States  by  the  Cherokee  Indians  under  their  treaty  of  July  nine- 
teenth, eighteen  hundred  and  sixty-six,  for  the  settlement  of  friendly 
Secretary  of  Indians,  and  report  the  same  to  Congress :  (a)  Provided,  That  the  Secre- 
the  Interior    to  ^ary  of  foe  interior  be,  and  he  hereby  is,  authorized  to  negotiate  with  the 
Southern    Che£  Southern  Cheyennes  and  Arapahoes  for  the  relinquishment  of  their  claim 
ennes  and  Arap-  to  the  land  ceded  to  them  by  the  second  article  of  the  treaty  of  October 
ahoes  for  the  re-  twenty-eighth,  eighteen  hundred  and  sixty-seven,  out  of  the  cession  made 
*TSto°th^m  and  ky  *ne  Cherokees  in  the  treaty  of  July  nineteen,  eighteen  hundred  and 
for  what  consid-  sixty-six ;  such  relinquishment,  if  obtained,  to  be  in  consideration  of  a 
eration.  sufficient  and  permanent  location  for  the  said  Cheyennes  and  Arrap- 

ahoes,  upon  the  lands  ceded  to  the  United  States  by  the  Creeks  and 
Seminoles  in  the  treaties  of  March  twenty-first  and  June  fourteenth, 
Report  to  Con-  eighteen  hundred  and  sixty-six ;  and  that  the  Secretary  report  the 
action  taken  by  him  under  this  provision  to  Congress  at  its  next  ses- 
sion. (&) 

(a)  SeeNos.  1715,  1718,  1724,  1728,  1737. 

(6)  See  Nos.  1720,  1725,  1731,  1733,  1739,  1741,  1746,  1752. 


June  5,  1872.      No.  1751  .—AN  ACT  to  confirm  to  the  Great  and  Little  Osage  Indians  a  reservation 
Vol.  17,  p.  228.  in  t"he  Indian  Territory. 


Preamble.  Whereas  by  the  treaty  of  eighteen  hundred  and  sixty-six  between 

the  United  States  and  the  Cherokee  nation  of  Indians,  said  nation  ceded 
to  the  United  States  all  its  lands  west  of  the  ninety-sixth  meridian 
west  longitude,  for  the  settlement  of  friendly  Indians  thereon  ;  and 
whereas  by  act  of  Congress  approved  July  fifteenth,  eighteen  hundred 
and  seventy,  the  President  was  authorized  and  directed  to  remove  the 
Great  and  Little  Osage  In  dians  to  a  location  in  the  Cherokee  coun- 
try west  of  the  ninety-sixth  meridian,  to  be  designated  for  them  by  the 
United  States  authorities ;  and  whereas  it  was  provided  by  the  same 
act  of  Congress  that  the  lands  of  the  Osages  in  Kansas  should  be  sold 
by  the  United  States,  and  so  much  of  the  proceeds  thereof  as  were  ne- 
cessary should  be  appropriated  for  the  payment  to  the  Cherokees  for 
the  lands  set  apart  for  the  said  Osages  west  of  the  ninety- sixth  merid- 
Keservation  of  ian  •  an(j  whereas  under  the  provisions  of  the  above-mentioned  treaty 
Little  TOsl*e  In-  and  act  of  Congress  and  concurrent  action  of  the  authorities  of  the  United 
dians.  States  and  the  Cherokee  nation,  the  said  Osages  were  removed  from 

their  former  homes  in  the  State  of  Kansas  to  a  reservation  set  apart  for 
them  in  the  Indian  Territory,  at  the  time  of  the  removal  supposed  to  be 
West  of  the  said  ninety-sixth  meridian,  and  bounded  on  the  east  there- 
by, and  upon  which  said  Osages  have  made  substantial  and  valuable 
improvements ;  and  whereas  by  a  recent  survey  and  establishment  of 
the  ninety-sixth  meridian  it  appears  that  the  most  valuable  portion  of 
said  Osage  reservation,  and  upon  which  all  their  improvements  are 
situated,  lies  east  of  the  said  meridian  ;  and  whereas  it  therefore  be- 
came necessary  to  select  other  lands  in  lieu  of  those  found  to  be  east  of 
the  established  ninety-sixth  meridian  for  said  Osage  Indians;  and 
whereas  a  tract  has  accordingly  been  selected,  lying  between  the  west- 
ern boundary  of  the  reservations  heretofore  set  apart  for  said  Indians 
and  the  main  channel  of  the  Arkansas  River,  with  the  south  line  of  the 
State  of  Kansas  for  a  northern  boundary,  and  the  north  line  of  the 


INDIAN    TERRITORY.  745 

Creek  country  and  the  main  channel  of  the  Arkansas  River  for  a  south- 
ern and  western  boundary  ;  and  whereas  the  act  of  Congress  approved 
July  fifteenth,  eighteen  hundred  and  seventy,  restricts  the  said  reser- 
vation for  said  Osage  Indians  to  "  a  tract  of  land  in  compact  form 
equal  in  quantity  to  one  hundred  and  sixty  acres  for  each  member  of 
said  tribe;"  and  whereas  in  a  letter  of  the  Cherokee  delegation,  ad- 
dressed to  the  Secretary  of  the  Interior  on  the  eighth  day  of  April, 
eighteen  hundred  and  seventy-two  on  behalf  of  the  Cherokee  nation, 
containing  their  approval  of  and  assent  to  the  proposition  to  provide 
for  the  settlement  of  the  Osage  and  Kaw  Indians  on  that  portion  of 
the  Cherokee  country  lying  west  of  the  ninety-sixth  degree  west 
longitude,  south  of  Kansas,  east  and  north  of  the  Arkansas  River  : 
Therefore, 

Be  it  enacted,  #c.,  That  in  order  to  provide  said  Osage  tribe  of  Indians    A  tract  of  land 
with  a  reservation,  and  secure  to  them  a  sufficient  quantity  of  land  west  of  the  96th 
suitable  for  cultivation,  the  following-described  tract  of  country,  west  Sjartwa  rese£ 
of  the  established  ninety-sixth  meridian,  in  the  Indian  Territory,  be,  Vation  for  the 
and  the  same  is  hereby,  set  apart  for  and  confirmed  as  their  reservation,  Great  and  Little 
namely :  Bounded  on  the  east  by  the  ninety-sixth  meridian,  on  the  south  Osage  Indians, 
and  west  by  the  north  line  of  the  Creek  country  and  the  main  channel    •  oundane8- 
of  the  Arkansas  River,  and  on  the  north  by  the  south  line  of  the  State 
of  Kansas :  Provided,  That  the  location  as  aforesaid  shall  be  made  under    Location, 
the  provisions  of  article  sixteen  of  the  treaty  of  eighteen  hundred  and 
sixty- six,  so  far  as  the  same  may  be  applicable  thereto:    And  provided    Kansas  Indians 
further,  That  said  Great  and  Little  Osage  tribe  of  Indians  shall  permit  may  be  settled  on 
the  settlement  within  the  limits  of  said  tract  of  land  [of]  the  Kansas  Q^j^SdLitSe 
tribe  of  Indians,  the  lauds  so  settled  and  occupied  by  said  Kansas  Osage  tribes. 
Indians,  not  exceeding  one  hundred  and  sixty  acres  for  each  member 
of  said  tribe,  to  be  paid  for  by  said  Kansas  tribe  of  Indians  out  of  the 
proceeds  of  the  sales  of  their  lands  in  Kansas,  at  a  price  not  exceeding 
that  paid  by  the  Great  and  Little  Osage  Indians  to  the  Cherokee  nation 
of  Indians,  (a) 

(a)  See  Nos.  1747, 1748. 

No.  1753.— To  authorize  the  Secretary  of  the  Interior  to  negotiate  with  the  Creek  March  3, 1873. 
Indians  for  the  cession  of  a  portion  of  their  reservation,  occupied  by  friendly  VoL  17,  p.  626. 
Indians. 


Whereas  by  the  third  article  of  the  treaty  concluded  with  the  Creek  Preamble 
Indians  June  fourteenth,  eighteen  hundred  and  sixty-six,  said  Indians 
ceded  to  the  United  States,  for  the  settlement  of  friendly  Indians  and 
freedmen,  the  west  half  of  their  entire  domain,  to  be  divided  by  a  line 
running  north  and  south ;  and  whereas  the  recent  survey  of  said  line, 
made  in  conformity  with  the  provisions  of  said  treaty,  includes  within 
the  limits  of  the  Creek  reservation,  east  of  said  line,  some  of  the  im- 
provements made  on  a  reservation  selected  on  what  was  supposed  to  be 
the  Creek  ceded  lands,  for  the  Seminole  tribe  of  Indians,  which  reserva- 
tion is  provided  for  in  their  treaty  of  March  first,  eighteen  hundred  and 
sixty-six,  and  also  some  of  the  improvements  of  the  Sacs  and  Foxes,  of 
the  Mississippi  tribe  of  Indians,  made  on  a  reservation  intended  to  be 
established  in  accordance  with  the  provisions  of  their  treaty  of  Feb- 
ruary eighteenth,  eighteen  hundred  and  sixty-seven ;  and  whereas  said 
improvements  have  been  made  upon  said  lands  by  and  for  the  aforesaid 
Indians,  who  have  settled  thereupon  in  good  faith,  in  accordance  with 
treaty  stipulations ;  and  whereas  it  is  necessary,  in  order  to  secure  these 
improvements  to  said  Indians,  and  to  insure  them  suitable  reserva- 
tions, that  the  lands  occupied  thereby  should  be  granted  to  them; 
Therefore, 

Beit  enacted,  fc.,  That  the  Secretary  of  the  Interior  be,  and  he  hereby    Secretary  of  the 
is,  authorized  to  negotiate  with  the  aforesaid  Creek  Indians  for  the  Interior  may  ne- 
relinquishment  to  the  United  States  of  such  portions  of  their  country  g^ia/te  ^t.the 
as  may  have  been  set  apart  in  accordance  with  treaty  stipulations,  f or  f or  t^Q  ceSsion  of 
the  use  of  the  Seminoles,  and  the  Sacs  and  Foxes  of  the  Mississippi  a  portion  of  their 
tribes  of  Indians,  respectively,  found  to  be  east  of  the  line  separating  reservation, 
the  Creek  ceded  lands  from  the  Creek  reservation,  and  also  to  negotiate 
and  arrange  with  said  tribes  for  a  final  and  permanent  adjustment  of    Report  to  Con- 
their  reservations;  and  the  Secretary  shall  report  the  result  to  Con-gress- 
gress.  (a) 

(a)  See  Nos.  1720, 1725, 1731, 1738, 1739, 1744, 1752. 


746  INDIAN    TERRITORY. 

March  3,  1875.    Wo.  1753.— AX  ACT  to  establish  the  boundary  line  between  the  State  of  Arkansas 
VoL  18,  p.  476.  and  the  Indian  country. 


[Boundary  between  Arkansas  and  Indian  Territory.    See  ARKANSAS, 
No.  1257.] 

April  10, 1876.  Wo.  1754,— AN  ACT  to  authorize  the  sale  of  the  Pawnee  reservation. 

VoL  19,  p.  28.         [Reservation  in  Indian  Territory  set  apart  for  Pawnee  Indians.    See 
NEBRASKA,  No.  2126.] 


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